1. Definitions. On this terms and conditions and/or Air Waybill "we", "our", "us" refer to Skydart Express and its organism in charge. "you", "your" and "yours" refer to the shipper, its employees, and to all others with an interest in the shipment. "Shipment" means any container or envelope, which is given or tendered to us and accepted by us for delivery on our Air Waybill.
2. Agreement to terms and conditions by giving or tendering your shipment to us for delivery, you agree to be bound by the terms and conditions set forth herein. No one is authorized to alter or modify these terms and conditions.
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3. The air waybill. You acknowledge that the signed Air Waybill has to be prepared and it's content is provided by you on your organization behalf. You also warrant that you are the owner of the shipment transported hereunder, or you are the authorized representative of the owner to take responsibility of this shipment.
4. Your obligations and acknowledgements. You warrant that each article in the shipment is properly described on Air Waybill and is acceptable for transport by us and that the shipment is properly marked, addressed and packed to ensure safe transportation with ordinary care in handling. You acknowledge that we are not a common carrier and that we reserve the right to carry your shipment by any route, procedure and by successive carrier. We also reserve the right to refuse or abandon the carriage or transportation of this shipment for any person, firm, or company at our discretion.
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5. Limitation of liability. The rules relating to liability established by the Warsaw Convention and any amendment or other contractual exclusion may apply to your shipment and limit our liability for damage, loss or delay. Our maximum liability for damage or loss is limited to USD 100.00 per shipment, and our liability for delay is limited to a refund of your transportation charges (but not any additional charges or customs duties or taxes advanced by us for you), or the maximum liability allowed for damage or loss as stated above, whichever is lesser.
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6. Liabilities not assumed. In any event, we will not be liable for any damage, whether direct, incidental, special or consequential or other indirect loss, however arising, including but not limited to loss of income, profiles, interests, utilities or loss of market, whether or not we know or should have known that such damage might be incurred. We will not be liable for your acts, defaults, omissions, including but not limited to incorrect declaration of shipment, improper or insufficient packing, securing, marking or addressing of shipment or for the acts, defaults or omissions of the recipient, customs or other government official, or of any Postal Service, or anyone else with an interest in the shipment. Also, we will not be liable if you or the recipients violate any of these terms and conditions. We will not be liable for loss of or damage to shipments of cash, currency or other prohibited items. We will not be liable for any damage, loss or delay caused by events we cannot control, including but not limited to Acts of god, perils of the air, weather conditions, acts of public enemies, war, strikes, civil commotion, of acts, defaults or omissions of public authorities with actual or apparent authority.
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8. Claims. All claims must be brought by you and delivered in writing to us within 30 days of the date of giving or tendering your shipment. No claim may be made against us after the time period. We are not obligated to act on any claim until you have paid all charges and you may not deduct the amount of such claim from those charges. If the recipient accepts your shipment without noting any damage on the delivery record, it will be presumed to have been delivered in good order and condition.
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9. Right to inspection of shipment. We have the right to open and inspect your shipment at any time and we may at our option refuse to transport or terminate the transportation of shipment for reasons of safety or security.
10. Responsibility for payment. Regardless of the payment instructions you give us, you will always be primarily responsible for all charges, including delivery charges and all duties, customs charges and taxes. We may refuse to surrender possession of your shipment until such charges have been paid. You are also responsible for any costs we may incur in returning your shipment to you or warehousing your shipment pending disposition.
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11. Customs clearance We may perform any of the following activities on your behalf in order to provide our services to you:
i/ Complete any documents, amend product or services code and pay any duties or taxes required under applicable laws and regulations.
ii/ Act as your 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.
iii/ Redirect the shipment to receivers import broker or other address upon request by any person who we believes in its reasonable opinion to be authorised. By giving or tendering your shipment to us, you acknowledge all above activities. Local authorities may require additional documentation confirming this appointment, we are only your agent with respect to customs clearance, and it is your sole responsibility to provide proper documentation and confirmation.
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12. Letter of instruction.If you do not complete all the documents required for carriage, you hereby instruct us where permitted by law, to complete the documents for you at our option and at your expense, and to attach them to your air waybill, but we are not obligated to do so We assume no liability to you or any other person for any loss or expense due to your failure to comply with this provision. You further agree to hold us harmless from and against all claims, damages, liabilities, actions, losses, costs and expenses of any nature whatsoever in any manner arising out of your providing to us incomplete, inaccurate or false documentation or your failure to provide required information.
13. Mandatory law. These terms and conditions shall apply to and inure to our benefit. Insofar as any provision contained or referred to in these terms and conditions may be contrary to mandatory law, government regulations orders or requirements, such provision shall remain applicable to the extent that it is not overridden thereby. The invalidity or unenforceability of any provisions shall not affect any other part of these terms and conditions.
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