When ordering Arabotic Express's services you, as "Shipper", are agreeing, on your behalf and on behalf of anyone else with an interest in the Shipment, that the Terms and Conditions shall apply from the time that Arabotic Express accepts the Shipment unless otherwise agreed in writing by an authorised officer of Arabotic Express. Your statutory rights and entitlements under any defined service feature (for which additional payment has been made) are not affected.
"Shipment" means all documents or parcels that travel under one waybill and which may be carried by any means Arabotic Express chooses, including air, road or any other carrier. A "waybill" shall include any label produced by Arabotic Express automated systems, air waybill, or consignment note and shall incorporate these Terms and Conditions. Every Shipment is transported on a limited liability basis as provided herein.
1. Customs, Exports and Imports
Arabotic Express may perform any of the following activities on Shipper's behalf in order to provide its services to Shipper:
- complete any documents, amend product or service codes, and pay any duties or taxes required under applicable laws and regulations,
- act as Shipper's forwarding agent for customs and export control purposes and as Receiver solely for the purpose of designating a customs broker to perform customs clearance and entry and
- redirect the Shipment to Receiver's import broker or other address upon request by any person who Arabotic Express believes in its reasonable opinion to be authorised
2. Unacceptable Shipments
Shipper agrees that its Shipment is acceptable for transportation and is deemed unacceptable if:
- it is classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organisation), any applicable government department or other relevant organisation
- no customs declaration is made when required by applicable customs regulations, or
- Arabotic Express decides it cannot transport an item safely or legally (such items include but are not limited to: animals, bullion, currency, bearer form negotiable instruments, precious metals and stones, firearms, parts thereof and ammunition, human remains, pornography and illegal narcotics/drugs)
3. Deliveries & Undeliverables
Shipments cannot be delivered to PO boxes or postal codes. Shipments are delivered to the Receiver's address given by Shipper (which in the case of mail services shall be deemed to be the first receiving postal service) but not necessarily to the named Receiver personally. Shipments to addresses with a central receiving area will be delivered to that area. If Receiver refuses delivery or to pay for delivery, or the Shipment is deemed to be unacceptable, or it has been undervalued for customs purposes, or Receiver cannot be reasonably identified or located, Arabotic Express shall use reasonable efforts to return the Shipment to Shipper at Shipper's cost, failing which the Shipment may be released, disposed of or sold by Arabotic Express without incurring any liability whatsoever to Shipper or anyone else, with the proceeds applied against service charges and related administrative costs and the balance of the proceeds of a sale to be returned to Shipper.
Arabotic Express has the right to open and inspect a Shipment without prior notice to Shipper.
5. Shipment Charges & Billing
Arabotic Express's Shipment charges are calculated according to the higher of actual or volumetric weight and any Shipment may be re-weighed and re-measured by Arabotic Express to confirm this calculation. Shipper shall pay or reimburse Arabotic Express for all Shipment charges, storage charges, duties and taxes owed for services provided by Arabotic Express or incurred by Arabotic Express on Shipper's or Receiver's or any third party's behalf and all claims, damages, fines and expenses incurred if the Shipment is deemed unacceptable for transport as described in Section 2.
6 Arabotic Express's Liability
Arabotic Express contracts with Shipper on the basis that Arabotic Express 's liability is strictly limited to direct loss only and to the per kilo/Ib limits in this Section 6. All other types of loss or damage are excluded (including but not limited to lost profits, income, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to Arabotic Express's attention before or after acceptance of the Shipment since special risks can be insured by Shipper. If a Shipment combines carriage by air, road or other mode of transport, it shall be presumed that any loss or damage occurred during the air period of such carriage unless proven otherwise.
7. Delayed Shipments
Arabotic Express will make every reasonable effort to deliver the Shipment according to Arabotic Express 's regular delivery schedules, but these are not guaranteed and do not form part of the contract. Arabotic Express is not liable for any damages or loss caused by delays.
8. Circumstances beyond Arabotic Express's control
Arabotic Express is not liable for any loss or damage arising out of circumstances beyond Arabotic Express's control. These include but are not limited to:-"Act of God" - e.g. earthquake, cyclone, storm, flood, fog; "Force Majeure" - e.g. war, plane crash or embargo; any defect or characteristic related to the nature of the Shipment, even if known to Arabotic Express; riot or civil commotion; any act or omission by a person not employed or contracted by Arabotic Express e.g. Shipper, Receiver, third party, customs or other government official; industrial action; and electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings.
9. Shipper's Warranties and Indemnity
Shipper shall indemnify and hold Arabotic Express harmless for any loss or damage arising out of Shipper's failure to comply with any applicable laws or regulations and for Shipper's breach of the following warranties and representations:
- all information provided by Shipper or its representatives is complete and accurate
- the Shipment was prepared in secure premises by Shipper's employees
- Shipper employed reliable staff to prepare the Shipment
- Shipper protected the Shipment against unauthorised interference during preparation and transportation to Arabotic Express
- the Shipment is properly marked and addressed and packed to ensure safe transportation with ordinary care in handling
- all applicable customs, import, export and other laws and regulations have been complied with, and
- the waybill has been signed by Shipper's authorised representative and the Terms and Conditions constitute binding and enforceable obligations of Shipper
Shipper agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places.
11. Governing Law
Any dispute arising under or in any way connected with these Terms and Conditions shall be subject, for the benefit of Arabotic Express, to the non-exclusive jurisdiction of the courts of, and governed by the law of, the country of origin of the Shipment and Shipper irrevocably submits to such jurisdiction, unless contrary to applicable law.
The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions.
13. International Packaging & Documentation
- If any Carriage involves an ultimate destination or stop in a country other than the country of departure, Customer is responsible for ensuring that:
The return of transport packaging material will be effected only upon receipt of separate specific written instructions, with all costs being for the account of the Customer. Transport packaging material (Euro-pallets, boxes, etc.) will only be exchanged by prior written agreement Arabotic Express, for which additional charges will be payable by the Customer.
- goods are adequately packed for international transport, and able to be dispatched as groupage cargo;
- individual packages are clearly and permanently marked with all necessary information to enable proper process of the delivery, including the Consignee's address, marks, numbers, symbols for handling and the number, type and contents of each individual package as well as the characteristics of the goods;
- all documentation is duly and accurately completed including the transport order, four copies of the commercial invoice, export customs documents or other necessary accompanying documents (if applicable). Completion of documents by Arabotic Express is subject to additional charges.
14. Excluded Goods
- The Customer shall ensure that no Consignments contain any Excluded Goods and the Customer shall not tender to Arabotic Express for transportation any such items unless, prior to loading, Arabotic Express receives precise and correct identification of the substances in writing and has agreed to accept the same for Carriage, subject to appropriate additional charges.
- In the event that Arabotic Express agrees to the Carriage of any Excluded Goods, written information must be provided by the Customer in respect of each and every Consignment and where applicable, Transport Emergency Cards (“Tremcards”) must be provided by the Customer for Dangerous Goods in the form prescribed by the appropriate statutory authority giving details of each and every substance Arabotic Express is requested to carry.
- The Customer shall be responsible for ensuring that such substances are properly and safely packaged and labelled with the identities of the substances and all other relevant information as specified by any statutory requirements.
- The Customer shall be responsible for and indemnify Arabotic Express against any loss or damage and claims made upon Arabotic Express in respect of any injury to persons or damage to property arising from the non-compliance by the Customer or the Consignor with any of the provisions of these conditions in as far as they relate to the Carriage of Excluded Goods.
- Arabotic Express may open and inspect a Consignment and/or refuse to carry any Consignment which Arabotic Express has reasonable grounds to believe contains Excluded Goods or which are required to be opened for purpose of customs clearance, or which are inadequately packaged for purposes of Carriage, but is under no obligation to do so.
15.Arabotic Express does not ship the following items
- Dangerous Goods*
- Explosive and flammable articles or substances, meaning any article, substance or preparation (mixture of substances) with the potential to create a risk to persons from energy-releasing events, fires and explosions, including petrol, paints, varnishes, etc but excluding ordinary combustible materials such as office equipment;
- Firearms including part of any firearms, ammunition and/or detonators;
- Bullion, bank notes and/or coinage, precious metals, precious stones;
- Securities, stamps, legal or business documents;
- Hazardous, temperature-sensitive and/or perishable goods;
- Living creatures;
- Dead animals or parts thereof;
- Tobacco products;
- Illegal or contraband materials, items or substances, or other items the storage or transportation of which in accordance with the terms hereof would be deemed in violation of any applicable law, rule or regulation; or
- Any written printed or pictorial matter which is obscene, blasphemous, scandalous, defamatory, proscribed or prohibited.
means articles or substances which are capable of posing a significant risk to health, safety, or property when transported by the requested mode of transport and/or which are classified according to the most current editions of the manuals or instructions issued by the governmental and non-governmental organisations in charge of regulating the affected mode of transport, such as ICAO, IATA, IMO, UN, the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004 or the European Agreement concerning the International Carriage of Dangerous Goods by Road Geneva 1957 (ADR) as may be amended from time to time.
16.Correct Weight & Dimensions
Please ensure you enter the correct weight & dimensions of your packaged items in centimetres and kilograms. Please use weighing scales and a tape measure. The carriers are operating a zero tolerance approach on under-declared weights & dimensions. Manipulating the weights & dimensions to achieve a cheaper quote will result in an expensive surcharge (minimum £50). Please understand these charges are imposed upon us.