BSW Cargo Terms and Conditions of Carriage as below are the Standard English terms and conditions of carriage and other services. In case of any misunderstanding ,mistranslation or disagreement on the translated versions of these terms and conditions ,this Standard English version shall be regarded as authentic and valid.
The following definitions apply to the terms and conditions set out below that govern the contract of carriage and other services between you and us.
“we”,”us”,”our” and “BSW” MEANS BSW Cargo and its branches ; BSW and BSW ´s employees ,agents and independent contractors;
“you” and “your” means the sender or shipper;
“carriage” means and includes the whole of the operations and services undertaken by us in connection with the transportation of the shipment;
‘other services’ means all services not being services for the carriage of shipments that are performed by us, including, but not limited to, storage, sorting, kitting, merging, packing, installation, value added and transportation management services;
"shipment" means documents or goods of whatever nature which we have accepted carriage from one address to another or regarding which we have accepted to perform other services, whether under our consignment note or not;
"prohibited items " means any goods or materials the carriage of which is prohibited by any international or local law, rule or regulation of related International entities or any countries in or over which the shipment travels.
2.THE CONTRACTING PARTY
Your contract of carriage and of other services is with the Blue sky way company or the subsidiary or affiliate of BSW that accepts from you the shipment for carriage or, as the case may be, the performance of other services, You agree that we may subcontract the whole or any parts of the contract of carriage or of other services on any terms and conditions we decide.
3. ACCEPTANCE OF OUR TERM AND CONDITIONS
By giving us your shipment, you accept our terms and conditions set out in the consignment note and /or the contract of carriage and/or the contract for the performance of other services on behalf of yourself and / or anyone else who has an interest in the shipment or the performance of other services irrespective of whether you have signed the front of our consignment note or not. Our terms and conditions also cover and can be invoked by anyone we use or sub-contract to collect, transport, deliver your shipment or perform other services as well as our employees, directors and agents. Only our authorized officers may agree to a variation of these terms and conditions in writing. when you give us shipment with oral or written instructions that conflict with our terms and conditions we shall not be bound by such instructions
4. SCOPE OF THE CONTRACT
4.1 Even if the carriage of the shipment forms part another type of contract between you and us .
these terms and conditions apply to the contract agreed between you and us in respect of any carriageof goods pursuant to the contract.
4.2 by concluding any types of contract with us that invoices the carriage of goods you agree that BSW is authorized to decide and choose the appropriate services procedure or type of carriage. the means carriage by air, road or sea.
5. DANGEROUS GOODS & SECURITY
5.1 Except in the circumstances shown in Clauses 5.2 & 5.3, we do not carry, nor perform other services regarding, goods which are, or are in our sole opinion, dangerous goods including, but not limited to, those specified in the international Civil Aviation Organization (ICAO) Technical Instructions, the international Air Transport Association (IATA). Dangerous Goods Regulations, the International maritime Dangerous Goods (IMDG), code or any other national or international rules applicable to the transport of, or the performance of other services regarding dangerous goods.
5.2 We may at our discretion accept some dangerous goods for carriage, or for the performance of other Services, in some countries if you have been accorded the status of an approved customer and this must be given by us in writing before your shipment can be accepted. Your dangerous goods will only be accepted if they comply with the applicable regulations (as referred to in Clause 5.1) and our requirements. Details of our requirements together with the procedure for applying for approved
customer status are available from our nearest office and a dangerous goods surcharge will be invoiced to you upon acceptance of your shipment.
5.3 certain dangerous goods are exempt from the above approved customer requirements. Details can be obtained from nearest BSW office.
5.4 we do not accept shipments that contain prohibited items.
6. RIGHT OF INSPECTION
6.1 You agree that we or any governmental authorities including customs and security may open and inspect your shipment at any time.
7.1.you appoint us as your agent solely for the purpose of clearing the shipment through customs .If we subcontract this work, you certify that we are the consignee for the purpose of
designating a customs broker to preform customs clearance and entries .If any customs authority requires additional documentation for the purpose of confirming the import /export declaration or our customs clearance status. It is your responsibility to provide the required documentation at your expense.
7.2. Any customs duties, taxes (including but not limited to VAT if applicable),penalties ,storage Charges or other expenses we incur as result of the actions of customs or other governmental Authorities or your failure and /or the receivers failure to provide proper documentation and/or to obtain the required license or permit will be charged to you or the receiver of the shipmen t .In the event that we decide to charge the receiver and the receiver refuses to pay the incurred charge you agree to pay them to us together with our fee for the administration involved as well as any extra costs we will incur.
upon our first request you will provide a proper guarantee for any of duties ,taxes penalties ,storage charge or any other expenses set out in this condition
8.EXTENT OF OUR LIABILITY
Liability for transportation service
8.1. subject to clause 14blow .we limit our liability for the any loss ,damage or delay shipment or any parts of it arising from carriage as fallow .
8.1.1. If the carriage of your shipment is solely or partly by air and involves an ultimate destination or a stop in a country other than the country of departure the Warsaw convention(1929) or the Warsaw convention as amended by the Hague protocol (1955) and/or Montreal protocol no.4 (1975) or the Montreal convention (1999) ,whichever is compulsorily applicable . will apply .These international treaties govern and limit our liability for loss . damage or delay to your shipment to 19 special drawing rights per kilo.
8.1.2. If we carry your shipment by road within ,to or from a country that is a party to the convention on the contract for the international carriage of goods by road 1956(CMR)our liability for loss or damage to your shipment shall be governed by the CMR and thus limited to 8.33 special drawing rights per kilo.
In the case of delay where you can show to us you have suffered loss our liability is limited to refunding to you the charge you paid a for carriage in respect of that shipment or the part which was delayed.
9. EXCLUSIONS OF LIABILITY
9.1. we will not be liable for any loss of income, loss of profits, loss of markets, loss of reputation,loss of customers, loss of use, loss of an opportunity even if we had knowledge that such damages or loss might arise or for any indirect, incidental, special or consequential damages or loss howsoever arising including without limitation breach of contract, negligence, willful act or default.
9.2.we are not liable if we do not fulfill any obligations towards you at all as a result of;
9.2.1. Circumstances beyond our control such as (but not limited to);
. Acts of God including earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost:
. Force majeure including (but not limited to) war, accidents, acts of public enemies strikes, embargoes, perils of the air, local disputes or civil commotions;
. National or local disruptions in air or ground transportation networks and mechanical problems to modes of transport or machinery;
. Latent defects or inherent vice in the contents of the shipment;
. Criminal acts of third parties such as theft and arson.
9.2.2. your acts or omissions or those of third parties such as;
You being in breach of (or any other party claiming an interest in the shipment causing you to breach) your obligations under these terms and conditions and in particular those warranties set out in Clause 12;
. An act or omission of any customs, security. airline, airport or government official.
9.2.3. The contents of the shipment consisting of any article that is a prohibited item even though we may have accepted the shipment by mistake.
9.2.4.Our refusal to make any illegal payments on your behalf.
10.1. you may purchase insurance from us for the full value of your parcel and freight shipment (non shipment) by completing the relevant box on the consignment note and paying the indicated
charge to cover you against "all risks” of loss and damage during carriage up to a maximum 25. 000 Euros per shipment. Where the value of the shipment is in excess of 25,000 Euros our prior agreement is required before you can purchase such insurance us. This insurance is not available for precious stones precious metals, laptop computers, plasma and LCD screens, jewelry, money, glass, china, objects of art, antiques, documents (other than the reconstitution cost as provided for in Clause 17.2 below) or any films, tapes, discs, memory cards or any such other data or image carrying goods. If you do send such goods we recommend that you arrange insurance yourself.
10.2 You May Purchase Insurance From Us For The reconstruction ,reproducing , reissuing or reprinting cost (indicated the costs of the materials (e.g. paper)plus reasonable labor costa) of your document shipment by completing the relevant box on the consignment note and paying the indicated charge to cover you against |”all risks” of loss and damage during carriage up to a maximum of 500 Euros per shipment. This insurance is only available for documents which are listed on the website of the subsidiary or affiliate or branch of BSW that accepts your shipment for carriage.
10.3. The insurance options provided by this clause 17 (i) do not cover losses of a consequential nature (see paragraph 13.1 above ) or delays in carriage or where the loss has arisen as a result of your breach of your obligations under these terms and conditions (ii) are not available for non and carriage services and (iii) are not available for a limited number of countries . For a list of these countries, and / or to obtain further details on the insurance conditions and coverage , please contact our customer service center or visit the website of the subsidiary or affiliate or branch of BSW that accepts your shipment for carriage .
11. CLAIMS BY THIRD PARTIES
You undertake to us that you shall not permit any other person who has an interest in the shipment to bring a claim or action against us even though we may have been negligent or in
default and if a claim or action is made you will indemnify us against the consequences of the claim or action and the costs and expenses we incur in defending it.
12. CLAIMS PROCEDURE
If you wish to claim for a lost , damaged or delayed shipment , or for any other damages , you must comply with any applicable convention and with the following procedure otherwise we reserve the right to reject your claim .
12.1. you must notify us in writing about the loss , damage or delay within 21 days (i) after delivery of the shipment (i) from the date the shipment should have been delivered or (iii) from the date you reasonably should have become aware of the loss , damage or delay in the event the claim relates to other services .
12.2 you must document your claim by sending us all relevant information about the shipment and/ or the loss , damage or delay suffered within 21 days of notifying us of your claim
12.3 we are not obliged to act on any claim until our charges have been paid or are you entitled to deduct the amount of your claim from our charges.
12.4 we will assume the shipment was delivered in good condition unless the receiver has noted any damage on our delivery record when he or she accepted the shipment in order for us to consider a claim or damage the contents of your shipment and the original packing must be made available to us or inspection.
12.5 save as otherwise provided by any applicable convention and or law , your right to claim
damage against us shall be extinguished unless an action is brought in a court of law within 1 year from the date of delivery of the shipment or from the date on which the shipment should have been delivered or from the date on which the carriage ended or if the claim relates to other services within 1 year from the date you ought reasonably to have become aware of the loss damage or delay .
12.6 In case of acceptance by us o part or all of your claim , you warrant to us that your insures or any other third party having an interest in the shipment shall have waived any rights remedies or relief to which they might become entitled by subrogation or otherwise .
12.7 The shipment shall not be deemed to be lost until at least 30 days have elapsed since the date you notified us o the Non delivery .we may agree with you in writing to shorten this period .
13. RATES AND PAYMENT
13.1 you agree to pay our charges (including applicable surcharges ) for the carriage of the shipment between the locations specified on the consignment note / contract of carriage or for the performance by us o other services and any value added taxes within 7 days from the date of our invoice without withholding deduction counterclaim or set off .
13.2 you waive all your rights to challenge our invoice if you do not contest our invoice in writing within 7 days from the date o the invoice .
14.LAW AND JURISDICTION
14.1 in the event that any terms or conditions is declared invalid or unenforceable such a determination shall not affect the provisions o this contract all of which remain in force .
14.2 save as provided by any applicable conventions disputes arising from or related to this contract shall be subject to the law and the courts of the country in which the subsidiary or
affiliate or branch of BSW that accepts your shipment or carriage or performs other services is based.