Conditions of Carriage
1. SkyNet(London)Limited (hereafter referred to as SkyNet Worldwide Express) shall include all its associated and subsidiary companies and appointed agencies around the world.
2. The goods herein described are accepted by SkyNet Worldwide Express, in apparent good order (except as noted). In tendering the shipment, shipper agrees to the terms and conditions of this contract, and those terms and conditions set forth in the most recent SkyNet Worldwide Express Standard Trading Conditions, each of which will be deemed to be incorporated in and to be a condition of any agreement whether written, oral or implied between SkyNet Worldwide Express and Shipper. SkyNet Worldwide Express Standard Trading Conditions are available for inspection at any SkyNet Worldwide Express office and are hereby expressly incorporated by reference. No agent, employee or representative of SkyNet Worldwide Express has authority to alter, modify or waive any provision of these conditions or said Standard Trading Conditions. The invalidity of any provision of this contract shall not affect any other part hereof.
3. SkyNet Worldwide Express will only carry goods which are the property of the Shipper and the Shipper warrants that it is authorised to accept and is accepting these conditions not only on behalf of itself but also as agent for or on behalf of all other persons who are or who may thereafter become interested in the goods. The shipper hereby undertakes to indemnify SkyNet Worldwide Express against damages, costs and expenses resulting from any breach of this warranty.
4. SkyNet Worldwide Express shall not be liable for any loss, damage, misdelivery or non-delivery not caused by its own negligence; or any loss, damage misdelivery or non-delivery caused by:
ii. The nature of the shipment or any defect, characteristic, or inherent vice therof.
iii. Act of God, perils of the air, public enemies, public authorities acting with actual or apparent authority of law, or omissions of customs or quarantine officials, riot, strikes, civil commotions, hazards incident to a state of war, weather conditions, or delay of aircraft or other vehicles used in providing transportation services.
iv. Acts or omissions of any Carrier or other entity or person to whom a shipment is tendered by SkyNet Worldwide Express for transportation beyond that provided by SkyNet Worldwide Express, regardless of whether the Shipper requested or had knowledge of such thirdparty delivery arrangement.
v. SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INDIRECT LOSS HOWEVER ARISING, WHETHER OR NOT SkyNet Worldwide Express HAD KNOWLEDGE OR SHOULD HAVE HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS INCOME, INTEREST UTILITY OR LOSS OF MARKET.
5. While SkyNet Worldwide Express will endeavour to exercise its best efforts to provide an expeditious delivery in accordance with regular delivery schedules SkyNet Worldwide Express WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR DELAY IN PICK-UP TRANSPORTATION OR DELIVERY OF ANY SHIPMENT, REGARDLESS OF THE CAUSE OF THE DELAY.
6. Because of the nature of the service SkyNet Worldwide Express’s liability for Courier shipments is limited to the actual amount of the loss or USD 100 whichever is less. If a liability limitation is required in excess of USD 100 SkyNet Worldwide Express requires the shipper to give prior notice in order for SkyNet Worldwide Express to make alternative arrangements as provided for in Article 7 set forth below. However, where applicable, the rules relating to liability established by the Convention for the Unification of Certain Rules Relating to International Carriage by air Signed at Warsaw, Poland, on 12 October 1929, and any amendments thereto shall apply to the international carriage of any shipment hereunder insofar as the same is governed thereby, and where applicable by the rules relating established by the Convention on the Contract for the international carriage of goods by road (CMR, Geneva, May 1956 and protocol of 5 July 1978, Geneva) shall apply to the international carriage of any shipment hereunder insofar as the same is governed thereby.
7. At the request of the Shipper and upon payment of additional charge therefor SkyNet Worldwide Express will arrange insurance on behalf of the Shipper. The insurance coverage shall be governed by all of the terms and conditions contained in the policy of insurance issued by the insurance carrier, and SkyNet Worldwide Express shall in no event be responsible for said coverage or insurance carrier. Consequential damages and loss or damage resulting from delays in transportation are not covered by any such policy of insurance.
8. SkyNet Worldwide Express is authorised (but shall be under no obligation) to advance any duties, taxes, or charges, and to make any disbursements with respect to the goods, and the Shipper, Owner, and Consignee shall not be under obligation to incur any expense or to make any advance in connection with the Shipment, including forwarding or reforwarding of the goods except against repayment by the Shipper. If it is necessary to make customs entry of the goods at any place, the customs Consignee, or, if no such person be named, to the Carrier carrying the goods to such place or to such customs Consignee, if any, as such Carrier may designate. The Shipper guarantees payment of all charges and advances.
9. SkyNet Worldwide Express shall have a lien on the goods for all freight charges, customs duties, advances or charges of any kind arising out of this contract of carriage and may refuse to surrender possession of the goods until such charges are paid.
10. Damage or shortage must be reported in writing to SkyNet Worldwide Express or its agent within fourteen (14) days from the date the shipment is placed at the disposal of the person entitled to delivery of the shipment, or in the event of non-delivery, fourteen (14) days from the date of issue of the air waybill. All claims must be received by SkyNet Worldwide Express within forty-five (45) days from the date of issue of the air waybill. Notwithstanding any of the foregoing, no claim for damage, shortage, or non-delivery will be entertained untill all tranportation charges have been paid.
11. SkyNet Worldwide Express does not accept hazardous, combustible or explosive materials, precious metals or stone in any form, negotiable securities, negotiable instruments, currency, uncancelled postage or revenue stamps, cashier’s cheques, livestock or plants, or any perishable commodity, and in the event that any Shipper should tender such items to SkyNet Worldwide Express, the Shipper shall indemnify SkyNet Worldwide Exrpress for all claims, damages and expenses arising in connection therewith and SkyNet Worldwide Express 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 SkyNet Worldwide Express having knowledge that such items have been tendered.
12. Except as otherwise specifically provided in this contract, delivery of the goods will be made only to the Consignee named on the face hereof. Notice of arrival of the goods, where required, will in the absence of other instructions be sent to the Consignee or the person to be notified by ordinary methods. SkyNet Worldwide Express is not liable for non-receipt or delay in receipt of such notice.
13. SkyNet Worldwide Express assumes no obligation to forward the goods by any specified Carrier or any particular route of routes or to make connection at any point according to any particular schedule, and SkyNet Worldwide Express is hereby authorised to select or deviate from, the routes of shipment, notwithstanding that the same may be stated on the face hereof.
14. The Shipper warrants that the shipment is packed to protect the enclosed goods and to insure safe Transportation with ordinary care in handling and that each package is appropriately labelled and is in good order for Carriage. All shipments may, at SkyNet Worldwide Express’s option, be opened and inspected.
15. The Shipper shall with all applicable laws, customs and other government regulations of any country to, from, through or over which the goods may be carried, including those relating to the packing, carriage or delivery of the goods, and shall furnish such documents as may be necessary to comply with such laws and regulations. SkyNet Worldwide Express is not liable to the Shipper or any other person for loss or expense due to Shipper’s failure to comply with this provision.
16. Shipper agrees that SkyNet Worldwide Express may accept the Airbill as a Shipper’s letter of instructions, authorising SkyNet Worldwide Express to act as Shipper’s agent for export control and customs purposes. SkyNet Worldwide Express assumes no liability whatsoever for failure to act as Shipper’s agent as provided in this article.
17. These conditions of contract, and any interpretation or dispute arising therefrom, shall be made in accordance with, and shall be within the exclusive jurisdiction of the laws and courts respectively of The United Kingdom.
18. SkyNet Worldwide Express IS NOT A COMMON CARRIER, and will only carry goods subject to these conditions.