Conditions of Contract
On this Consignment Note, “we” “our” and “us” refer to KTP couriers, its subsidiaries, branches, associated companies, divisions and appointed agents, and the country of domicile of the customer trading as an international air courier or a forwarding agent under the name of either KTP couriers or any other names, and their respective employees and agents, ”You” and “your” refer to the shipper and it respective employees and appointed agents.
“Package” means any containers or envelopes that are submitted by you and are accepted by us for carriage. “Shipment” means all packages, which are submitted to and accepted by us on a single Consignment Note.
2. Agreement to Terms
By tendering us your shipment, you shall be deemed to be incorporated in ,regardless of whether you sign the front of this Consignment Note, for yourself or as an agent for an on behalf of any other person having an interest in this shipment, all terms and conditions on this non-negotiable Consignment Note. You also consent to agree the terms and conditions in our transportation agreement between you and us covering this shipment. (“the transportation agreement”), and in any relevant tariff (“the tariff”) and in our current standard conditions of carriage (“the condition of carriage”).
We shall be bound by any agreements purporting to change the terms and conditions of this Consignment Note. The transportation agreement, the tariff or conditions of carriage unless such agreement in between you and us is in writing and signed by a competent officer on behalf of us thereof. In the absence of any such written an authorized agreement to the contrary these conditions such documentation shall constitute the entire agreement between you and us.
The Consignment Note shall be binding on you and us when the shipment is accepted by marking with either our employee name or number as our signature on this Consignment Note, or merely having our printed name on the Consignment Note that shall be sufficient to constitute our signature.
3. Your Obligations
You guarantee that each item in the shipment is accurately stated on this Consignment Note and any export documents, is acceptable for delivery by us. We will notify you from time to time of any materials which are not acceptable for us by carriage or you could read” items Not Acceptable for Transportation”(Clause 16) for referring what kind of items which are not acceptable by us for delivery. In addition, you have to ensure each package is properly marked, addressed and packed to ensure safe transportation with any ordinary care in handling.
You are responsible for all charges, including transportation charges and any other possible surcharges, customs and duties including fees related to our prepaid expenses on governmental penalties and fines, taxes, and our lawyer’s costs and legal charges, related to this shipment. Moreover, you are responsible for any charges we may incur in returning your shipment to you or warehousing it pending disposition.
4. Air Carriage Notice
If the carriage your shipment by air involves a final destination or stop in a country other than the country of departure , the Warsaw Convention including all of it following amendments and provisions (“Warsaw Convention”) has limited our responsibility (Clause 6 “The Limitation of Liability) unless you have declared a higher value for carriage as described in the following. According to Warsaw Convention, we are not an air transport by only act as an agent for you. We will consign for your shipment with a particular airline for onward carriage and without prejudice to its general right subrogation here under you have the right to recover compensation from any airline for their loss, damage or expense incurred by your shipment on behalf of you.
There are no stopping places which are agreed at the time of tender of the shipment. Also, we reserve the right to carry the shipment by any routes, procedures and successive carriers according to our handling storage and transportation methods that we deem appropriate.
5. Road Transport Notice
Shipments transported partly or solely are subjected to the terms and conditions of the Convention on the Contract for International Carriage of Goods by Road (the “CMR”).
6. Limitation of Liability
If not regulated by Warsaw Convention, the CMR, or any other international treaties, laws other governmental regulations or requirements, our maximum liability for loss, damage, delay, shortage, misdelivery, nondelivery, misinformation, or failure to provide information in connection with your shipment is limited by this consignment note to US$100 per shipment or US$0.07 per pound (US$20.00 per kilogram) (or the equivalent in local currency), whichever is greater, unless you declare a higher value for carriage as describe in the following.
If you declare a higher value, you must pay an extra cost for each additional US$100(or the equivalent in local currency) of declared value for carriage. If you have any questions relating to the additional costs, kindly call us for a quotation before you tender your shipment to us. If you have declared a higher value for carriage and paid the additional cost or maximum liability will be the lesser of your declared value for carriage or your actual damages. In addition, we do not offer cargo liability of all – risk insurance. Therefore you advised to seek your own insurance cover in any areas in which liability and fault are implicitly or explicitly not accepted by us.
7. Declared Value Limits
The highest declared value for a package is US$100 or US$9.07 per pound (US$20.00 per kilogram) (or the equivalent to in local currency) whichever is higher.
For other shipments, in particular shipments of extraordinary values, the declared value of carriage is limited and depends on the contents and the destination of the shipment. Please check with us for an explanation of the declared value limits if necessary. If you send more than one package using a single Consignment Note, the declared value for carriage of each package will be determined but dividing the total declared value for carriage by the number of packages in the shipment.
8. Liabilities Not Assumed
Subject to the conditions contained in this Consignment Note, the transportation agreement, the tariff and the conditions of carriage, we are still not liable for any damages, whether direct, incidental, special, or consequential, in excess of the declared value or US$100 or US$9.07 per pound(US$20.00 per kilogram) (or the equivalent in local currency), whichever is greater, whether or not we knew or should have known that such damages might be incurred including but not limited to loss of income or profits.
We will not be liable for the acts of you, the recipient or anyone else with an interest in the shipment, including but not limited to incorrect declaration of cargo, improper or insufficient packing, securing, marking, or addressing of the shipment. Also, we will not be liable if you, the recipient or anyone else with an interest in the shipment violate any terms or conditions of our agreement. Next, we will not be liable for loss, damage, delay, shortage, misdelivery, nondelivery, misinformation, or failure to provide information in connection with shipments or prohibited items(see clause 16:”Items not Acceptable for Transportation) and in connection with your shipment caused by events we cannot control, including but not limited to acts of God, perils of the air weather condition, mechanical delays, acts of public enemies, war, strikes, civic commotions, or acts or omissions of public authorities(including customs and health officials) with actual or apparent authority.
9. No Warranties
We make no warranties, express or implied.
10. Claim for Loss, Damage, or Delay
All claims must be made in a written format and within twenty – eight (28) days of delivery of the shipment or from the date on which the shipment should have been delivered.
Within ninety (90) days after notifications to us of the claim, it must be documented by sending to us all the relevant information about it.
We are not obligated to act on any claim until all transportation charges have been paid; the claim amount must not be deducted from those charges.
The packaging of the shipment for safe transportation is your responsibility. We accept no responsibility for loss or damage to the shipment caused by inadequate or inappropriate packaging. If the recipient accepts the shipment without noting any damages on the delivery record, we will assume the shipment was delivered in good condition. In order for us to consider a claim for damage the contents, original shipping cartons and packaging must be available to us for inspection.
11. Right to Inspection
We reserve the right to inspect the shipment consignment by you to ensure it is capable of carriage to the country of destination by using the standard operating procedures of customs declaration or our handling methods. In making this reservation, we do not guarantee that any particular item can be carried is capable without infringing the law of any countries or states from, to or through which the item can be carried.
12. Responsibility for Payment
We undertake subject to payment in accordance with rates notified to the customer from time to time to carry your shipment between destinations agreed between you and us. Even if you may give us different payment instructions, you will always be primarily responsible for all charges related to this shipment (see Clause 3; “Your Obligations”).
13. Customs Clearance
By giving us the shipment, you hereby appoint us as your agent solely for performance of customs clearance. In certain situations, government authorities may require additional documentation confirming our appointment. You are responsible to furnish such documentation and confirmation when required.
You are responsible for all applicable laws, rules, and regulations, including but not limited to customs laws, import, export, and re-export laws; and governmental regulations of any countries to, from, through, or over which your shipment may be carried. You need to provide all relevant documentation and complete and attach to this Consignment Note and such documents as are necessary to comply with such laws, rules, and regulations. We assume no liability to you or anyone else with an interest in the shipment for any losses, expenses or additional charges due to your failure to comply with this provision (see Clause 3: Your Obligations”).
14. Export Control
You give us an authorization to act as a forwarding agent for you for export control and customs clearance. You hereby certify that all documentations and information contained in this Consignment Note and any attached documents relating to exportation are true and correct. Furthermore, you understand that civil, criminal penalties and fines for violation of export laws of Hong Kong or other countries.
15. Letter of Instruction
If you do not complete all the documents required for carriage or if the documents you submit are not proper for the local authorities or the country of departure or destination requested, you hereby instruct us ,where permitted by law, to complete, correct, or replace the documents for you at your expense. However, we are not obligated to do so. If a substituted form of Consignment Note or a document is needed to complete the delivery of your shipment and we complete that document under your instruction, the terms of this Consignment Note will continue to govern. We are not liable to you or any other person for our actions on your behalf under this provision.
16. Items Not Acceptable for Transportation
We will notify you from time to time of any materials which are not acceptable by us for delivery. Particularly, we do not accept following items including but not limited to dangerous,harzardous, combustibale or explosive materials, gold and silver bullion, coin,dust cyanides, precipitates or any form of uncoined gold and silver industrial diamonds, currency(paper or coin) of any nationality negotiable securities, stocks, bonds, certificates, uncancelled postage or revenue stamps, war savings or thrift stamps, blank or endorsed in blank cashiers cheques, money order to travelers cheques, letters, antiques, pictures, livestock of plants and in the event that any customer should consign such items with us you shall indemnify us for all claims, damages and expenses arising in connection therewith and we shall have the right to deal with such items as it shall see fit including the right to abandon carriage of the same immediately upon us having knowledge that such item infringes these conditions. The right of inspection shall also apply for this purpose. You may consult us for specific details.
17. Mandatory Law
Insofar as any provision contained or referred to in the Consignment Note may be contrary to any applicable international treaties, laws, governmental regulations, orders or requirements, such provision shall remain in effect as part of our agreement to the extent that it is not overridden. The invalidity of any provision shall not affect any other person continued or referred to in this Consignment Note. Unless otherwise indicated, the senders address indicated on the face of this Consignment Note is the place of execution and the place of departure, and the recipient’s address listed on the face of the Consignment Note is the place of destination. Unless otherwise indicated, the first carrier of this shipment is KTP Couriers, 416 Umbilo Road, 1st Floor Willow Park Centre, Glenwood 4001, Durban, South Africa.