| 1. |
All and business undertaken by Exprexa Logistic (hereinafter called the “Company”) is transacted to the conditions thereinafter set out and shall be deemed to be a condition of any agreement between the Company and its customer. |
| 2. |
The Company shall not be bound by any agreement purporting to vary these conditions unless such agreement shall be in writing and signed on behalf of the Company by an authorized Officer of the Company. All conditions, warranties, description, representations and agreements not set out in these conditions and whether they be expressed or implied by law, customs or other are hereby expressly excluded. No officer, servant, agent or representative is authorized to make any representations, statements, warranties, conditions or agreements not expressly set forth in these conditions and the Company is not in any way bound by any of them nor can same be taken to form part of a contract with the Company collateral to the main contract. |
| 3. |
The Company is not a common carrier. The Company reserves the right to refuse the carriage or transportation of any class of goods at its discretion. |
| 4. |
Whenever the Company undertakes or arranges transport storage or any other services it shall be authorized to entrust the goods or arrangement to a third party on the latter’s contractual conditions. The customer shall be bound by such conditions and shall indemnify the Customer against any claims arising out of their acceptance. |
| 5. |
Customers entering into a transaction of any kind with the company expressly warrant that neither the transaction nor the carriage of the goods is in breach of any statute regulation or other law relating to postal or courier services and that they are either the owners of or the authorized agents of the owners of any goods or property being the subject matter of the transaction and by entering into the transaction they accept these conditions for themselves as well as for all other parties on whose behalf they are acting. Customers undertake to indemnify the Company against any damages, costs, and expenses resulting from any breach of these warranties. |
| 6. |
The sender owners and consignees of any goods and their agents, if any, shall be deemed to be bound by and to warrant the accuracy of all descriptions, values, and other particulars furnished to the Company for customs, consular, and other purposes, and they undertake to indemnify the Company against all losses, damages, expenses, and fines arising from any inaccuracy or omission even if such inaccuracy or omission is not due to any negligence. |
| 7. |
The Company shall not be liable under any circumstances for any loss, damages, or expense arising from or in any connection with marks, weights, numbers, brands, contents, quality, or description of any goods. |
| 8. |
The senders, owners, consignees, and their agents, if any, shall be liable for any duty tax, impost, or outlays of whatsoever nature incurred or sustained by the Company in connection herewith. |
| 9. |
| a) |
The Actual Value of a document (which term shall include any item of commercial value (which term shall include any item of no commercial value which is transported hereunder) shall be ascertained by reference to its cost of preparation or replacement reconstruction or recantation value at the time and place of shipment, whichever is less. |
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| b) |
The Actual Value of a parcel (which term shall include any item of commercial value which is transported hereunder) shall be ascertained by reference to its cost of repair or replacement, resale, or fair market value at the time and place of shipment, whichever is less. In no event shall such value exceed the original cost of the article paid by the Shipper plus 10%. |
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| c) |
The liability if the Company or any loss or damage to the shipment (which term shall include all documents or parcels consigned to the Company under the AIRBILL) is limited to the lesser of:
| ii) |
The amount of loss or damage to a document or parcel actually sustained, or |
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| iii) |
The Actual Value of the document or parcel as determined under Section 9(a) and (b) hereof, without regard to its commercial utility or special value to the shipper. |
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| d) |
This Company shall not be liable, in any event, for any consequential or special damages or other indirect loss, howsoever arising whether or not the Company had acknowledged that such damages might be incurred, including but not limited to loss of income, profits, interest, utility, or loss of market. |
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| 10. |
Goods which cannot be delivered either because they are insufficiently or incorrectly addressed or because they are not collected or accepted by the consignee may be sold of returned at the Company’s option at any time after the expiration of 21 days from the date a notice in writing is sent to the address which the sender gave to the Company on delivery of goods. All Charges and expenses arising in connection with the sale or return of the goods shall be paid by the customer. A communication from any agent or correspondence of the Company to the effect that the goods cannot be delivered for any reason shall be conclusive evidence of that fact. |
| 11. |
The Company will not accept of deal with any noxious, dangerous, hazardous or inflammable or explosive goods or any goods likely to cause damage. Any person delivering such goods to the Company or causing the Company to handle or deal with any such goods shall be liable for all loss or damage caused thereby and shall indemnify in the Company against all penalties, claims, damages, costs and expenses arising in connection therewith and the goods may be destroyed or otherwise dealt with at the sole discretion of the or any other person in whose custody they may be at the relevant time. The expression “goods” likely to cause “damage” includes goods likely to harbor or encourage vermin or other pests. |
| 12. |
The Company will not accept money or currency, fire arms, liquor, works of art, explosives, tobacco, perishable foodstuffs, other precious metals or stones, negotiable instruments or other negotiable items or any other hazardous or combustible materials or property prohibited by any Government of any country from to or through which your shipments would be carried. |
| 13. |
| a) |
The Company shall not be liable for or in respect of any loss or damage suffered by the customer howsoever caused or arising and without limiting the generally of the foregoing whether cause or arising by reason or on account of loss or damage to goods, mis-delivery or non-delivery, delay in delivery, concealed damage, deterioration, contamination evaporation, cancellations or delays in scheduled air flights, in customs procedures or any internal re-mailing or any other means of no-forwarding in or to overseas countries, war, invasion, acts of foreign enemies, hostility (whether war be declared or not) civil war, rebellion, insurrection, military or usurped power, confiscation or under the order of any Government or public or local authority and whether or not the same shall be due or alleged to be due to the negligence or any deliberate misconduct or any wrongful act on the part of the Company its servants or agents or any other person entity. |
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| b) |
The company shall not under circumstances be liable for loss or damage resulting of attributed to any quotation, statement, representation, or information whether oral or in writing howsoever, wheresoever, or to whomsoever made or given by or on behalf of the company or by servant, employee or agent of the company as to the company as the classification of or liability for amount scale or rate of customs duty, excise duty or other impost or tax applicable to any goods or property whatsoever or as to whether any goods or property are such the company commit any breach of any act of parliament regulation of ordinance or other law made in respect of the same. |
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| 14. |
The contract between the company and its customer shall be governed by local law and the parties submit to the exclusive jurisdiction of the local courts competent to deal with disputes arising out of this contract. |
| 15. |
All goods and document relating to the goods shall be subject to a particular and general lien and right of detention for monies due either in respect of such goods or for any particular or general balance or other monies due from the sender, owner or consignee and their agents to The Company, if any money due to the Company is not paid within the terms set out and agreed or within 14 days after notice has been given to the person from whom the money is due that such goods are being detained and same may be sold by auction of otherwise at the sole discretion of the Company and at expense of such a person for fees applied in or towards satisfaction of such indebtedness. The Sender, owner or consignee and their agents hereby waives any cross claim against payment due. |