Terms and Conditions

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.

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.

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

 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

 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

 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.

You agree that we or any governmental authorities including customs and security may open and inspect your shipment at any time.

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.

. 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

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 .

 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.

 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  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.