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By tendering goods for transport
by Skynet Worldwide Express-Dubai-U.A.E., the Consignor agrees to the
following conditions.
1) Definitions
In these conditions:
"Sky" means Gulf Worldwide Express L.L.C. - in the United Arab
Emirates (whether acting by itself through Agents or otherwise)
"The Consignor" or "The Shipper" means the sender
of the goods tendered for transport (whether on his own account or on
behalf of any other person) and whose name shall appear on the Consignment
note as the Consignor
"Consignment" means the goods (whether contained in one or more
parcels or packages) consigned by the Consignor to Sky for transport.
Goods shall include documents where appropriate.
"Agent" means
(a) any entity in any part of the World which is for the time being a
member of the same group of companies as Sky
(b) any entity with whom Sky may arrange for or provide services in connection
with the transport of a consignment.
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2) Consignment Note
Each consignment shall be correctly addressed by the Consignor and accompanied
by Sky's form of consignment note, which the Consignor shall properly
complete and sign prior to despatch of the consignment. The Consignor
is responsible for the correctness of any information given or declaration
made and is liable for the consequences of any false or erroneous declaration
of information.
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3) Parties and sub-contracting
(a) Where the Consignor is not the owner of any consignment or part thereof
he shall be deemed to be the authorised Agent of the owner(s). The Consignor
accepts these conditions for himself and all other persons on whose behalf
he/she is acting or is deemed to be acting.
(b) Sky may sub-contract all or part of this contract and may engage an
Agent or any other
person (who may also sub-contract) to fulfil all or any part of this contract.
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4) Common Carrier
The company is not a common carrier and accepts goods for transport only
on those conditions.
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5) Variations
No waiver or alterations of or additions to these conditions may be made
except in writing signed by a Director of Sky. No Agent or person employed
by Sky may alter, add to or waive any of these conditions and where any
oral or written instructions differ from or conflict with these conditions,
these conditions shall prevail and such instructions shall be of no effect
and shall not waive, vary or modify these conditions.
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6)Liabilities
not assumed
(a) Sky, its Agents and servants shall not be liable for any loss, damage,
costs or expenses suffered or incurred by the Consignor or any other person
arising out of or in connection with this contract or the handling, storage
or transport or other dealing with any consignment except where such loss,
damage cost or expense shall arise as a direct result of any wilful act
of neglect or default by Sky and then only to the extent of the lesser
of: -
(i) USD 30 or
(ii) the value of the consignment or
(iii) the cost of reshipping it (at the Consignor's choice)
(b) Sky, its Agents and servants, shall not be liable under any circumstances
for any special or consequential damages or loss. Special or consequential
damages or loss shall include (but not be limited to) commercial and financial
loss, special reconstruction costs, substituted
costs, loss of interest, profit, income, utility, market or business opportunity,
whether or not Sky, its Agents or servants had knowledge that such damages
might be incurred.
(c) The Consignor in writing must make any claim to Sky within 10 days
of the date of claim
arising. No claim will be considered until all transport charges have
been paid.
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(7) Consignment acceptable for Transport
Sky reserves the right: -
(a) to inspect the consignment, but this inspection shall not constitute
a warranty that a particular item is suitable for carriage.
(b) to refuse at its sole discretion at any time to transport any goods
tendered for transport (whether before or after such goods are accepted
by Sky for transport).
(c) to reject any goods already accepted for transport if in the opinion
of Sky there is a possibility that the continued transport of such goods
may delay the transport of other consignments or cause damage to other
consignments, equipment or personnel.
(d) destroy or otherwise deal with any goods in the consignment where
Sky considers (in its sole discretion) that there may be risk to other
goods, property, life or health.
e) without prejudice to the generality of the foregoing. Sky will not
accept except under
special arrangements hazardous or combustible material and any items the
transport of
which is prohibited by any law regulation or statute of any federal state
or local
government of any country from to or through which consignments may be
carried. A
detailed list of prohibited goods is available on request.
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(8) Unacceptable goods
If the Consignor consigns to Sky goods which are unacceptable or which
the Consignor has undervalued for customs purposes (whether deliberately
or accidentally) then Sky shall be entitled to return the consignment
at the Consignor's expense or, if the Consignor refuses or is unavailable
to accept liability for such expenses to deal with the consignment as
Sky sees fit and even abandon transport of the consignment immediately
upon Sky having knowledge that the consignment or part thereof infringes
these conditions.
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(9) Warranties by the Consigor
The Consignor expressly warrants to the Company that: -
(a) The person handing over the consignment to the company is authorised
to sign the consignment note for the company or to affix his stamp.
b) The Consignor makes this contract in the normal course of its business
and holds itself out
as so doing
c) The description and details related to the consignment shown on the
consignment note are correct and in particular the declared value is correct.
d) It is not illegal for Sky to convey the consignment under any legislation
e) The consignment is properly labelled and addressed
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(10) Customs Clearance
The company will use all reasonable endeavours to effect customs clearance
but will not be liable for any penalties imposed or costs incurred due
to delay or refusal by the customs authorities or due to the consignment
being impounded by customs or other authorities and the Consignor hereby
agrees to indemnify the Company on demand against any such penalty or
loss.
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(11) Charges
Transport charges, supplementary charges, customs duties and other charges
incurred from the time of acceptance of goods for transport to the time
of delivery of such goods shall be paid by the Consignor as per the relevant
authority or body
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(12) Methods of Transport
Subject to payment of Sky's charges in accordance with the rates in effect
on the day of acceptance of the consignment by Sky, Sky will transport
the consignment between destinations as agreed between it and the Consignor
as expeditiously as possible. Sky reserves the right to carry the consignment
by any route and procedure. The Consignor will not seek to impose upon
any Agent or sub-contractor of Sky liability greater than that accepted
by Sky under these conditions.
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(13) Insurance
No insurance will be effected except upon express instructions given in
writing by the Consignor to Sky, when the usual exceptions and conditions
of the policies of the insurance company or underwriters taking the risks
shall apply. Sky shall not be under any obligation to effect separate
insurance for each consignment but may declare it on any open or general
policy. If the insurers under any policy dispute liability for any reason,
the Consignor shall recourse against the insurer only and Sky, its Agents
and servants shall not be under any responsibility or liability whatsoever
in relation thereto.
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(14) Delivery
(a) Sky is authorised to deliver the consignment to the address marked
on the Consignment Note. Sky shall be deemed to have delivered the consignment
in accordance with this contract if at that address it obtains from any
person a receipt or signed delivery form.
(b) Where for any reason the consignment cannot be delivered at the address
marked on the consignment Note, or where the consignment is to be held
for collection or is not removed within five working days, Sky shall be
under no liability for loss or damage to the Consignor and will within
14 days after giving to the Consignor or the Consignee notice by post
or otherwise (including public notice where the names and addresses of
the Consignor and Consignee are not known) be entitled to sell the same
and may deduct out of the proceeds of sale all proper charges in respect
of the transport and warehousing of the goods and any other expenses incurred
by Sky.
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(15)Payment Terms
(a) Payment of the charges made by Sky for or in connection with the transport
of any consignment shall be made by the Consignor on the 20th day of the
month following Sky's invoice for such consignment.
(b) At its own discretion Sky may, on request by the Consignor, transport
a Consignment on the basis that payment of Sky's charges shall be made
by the Consignee on delivery of the Consignment provided that the Consignor
shall remain liable to make such payment if the Consignee fails or refuses
to do so upon Sky tendering the Consignment for delivery to the Consignee.
In such cases, Sky shall not be required to deliver the Consignment until
payment is made.
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(16) Lien
Sky shall have a particular and general right of detention on all goods
in its possession for all sums due at any time from the Consignor, the
Consignee or the owner of the goods whether under this or any other contract
between the Consignor and Sky. In the event of Non-payment of Sky's charges
within 21 days after this due date, Sky shall be entitled to sell or otherwise
dispose of any Consignment and apply the proceeds towards the payment
of such sums.
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(17) Country Law
This contract shall be governed by and construed in accordance with U.A.E.
Law and the parties submit to the jurisdiction of the U.A.E. Court.
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©2002
SkyNet Worldwide Express, Dubai, U.A.E.
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