1. In these conditions “the Carrier” means
- DPEX Worldwide Express (S) Pte Ltd and companies which utilise the trademark ‘DPEX Worldwide’,
- the DPEX operating companies in the countries of departure and destination,
- all DPEX franchisees, subsidiaries, agents, affiliates and
- all employees, agents, representatives and contractors of any of the above.
THE CARRIER IS NOT A COMMON CARRIER and will accept no liability as such. The Carrier reserves the right to refuse the carriage or transport of goods at its discretion.
2. The Carrier reserves the right to carry the Sender’s goods by any route and procedure and by successive carriers and according to its handling, storage and transportation methods.
The Carrier may carry out any activity on the Sender’s behalf in order to provide its services to the Sender, including
- completing any documents, amending product or service codes, and paying any duties or taxes required under applicable laws and regulations,
- acting as the Sender’s forwarding agent for customs and export control purposes and as Receiver solely for the purpose for appointing a customs broker to perform customs clearance and entry; and
- redirecting the goods to the Receiver’s import broker or other address upon request by any person who the Carrier believes in its reasonable opinion to be authorized. The Carrier may subcontract or assign the whole or any part of the carriage of goods under the conditions herein on any terms and conditions the Carrier decides.
3. The Carrier reserves the right, but is not obliged, to inspect any goods consigned to ensure that they are capable of carriage to the countries of destination within the standard operating procedures, customs declarations and handling methods of the Carrier. The Sender accepts that its goods may, at the Carrier’s option or at the request of government authorities including customs, be opened and inspected or scanned by any means by the Carrier or such governmental authorities at any time, and shall not hold the Carrier liable for any liability, claim, damage, loss, cost (including legal cost) and expense which may arise as a result of or in connection with such opening and inspection or scanning.
4. The Carrier’s rates are inclusive of local airport taxes, but exclusive of any value added tax, duties, levies, imposts, deposits customs duty or charges (collectively “the Charges”) incurred in respect of carriage of the Sender’s goods. The Sender and Receiver shall be liable for the Charges, if any, and the Sender shall be liable for the Charges in the event of default in payment by the Receiver. The Carrier shall not be liable for any penalties imposed or loss or damage incurred due to the Sender’s goods being impounded by customs or like authorities and the Sender hereby indemnifies the Carrier against any such penalty, loss or damage. It is hereby expressly agreed that if the Carrier should pay any of the Charges, the Carrier is entitled to a lien on the goods to the extent of the Charges paid, and the Carrier shall be entitled to retain and hold the goods until payment of the Charges or sell the goods and apply the proceeds thereof towards payment of the Charges paid by the Carrier. Any unpaid balance will remain payable.
5. The Sender is responsible for the packing of the goods including the packing in any container which may be supplied to the Sender by the Carrier, and the Carrier accepts no responsibility for loss or damage to the goods caused by inadequate or inappropriate packing or packaging (including arising from the Carrier’s negligence).
6. It is the responsibility of the Sender to address accurately and correctly each consignment to enable effective delivery to be made, and the Carrier shall not be liable for delay in forwarding or delivery resulting from the Sender’s failure to comply with its obligations in this respect.
Where the Receiver cannot be located or is not at the address provided by the Sender, the Sender shall bear any cost that the Carrier may incur in any subsequent attempts at delivery, the disposal of or return of the goods to the Sender.
7. By giving the Carrier its goods for carriage, the Sender accepts the conditions set out herein for the performance of the carriage of the goods. The Sender warrants that it has full power and authority to deal with the goods and is authorized to accept and is accepting these conditions on behalf of itself but also as an agent for and on behalf of all other persons who are or may hereafter have an interest in the goods. The Sender indemnifies and shall keep indemnified the Carrier against any damages, costs or expenses resulting from any breach of this warranty, and also against any claim of whatever nature by any person or persons in respect of the goods including any claim by the Receiver or any other third party in respect of loss of or damage to or delay in delivery of the goods howsoever arising (including but not limited to any negligence by the Carrier). The Carrier will not be bound by any of the Sender’s instructions that conflicts with the conditions set out herein.
8. The Carrier is only liable for:
- damage sustained in the event of the destruction or loss of, or of damage to, the goods, if the occurrence which caused the destruction, loss or damage so sustained takes place during carriage by air and;
- damage occasioned by delay in the carriage by air of the goods. The Carrier is not liable if it and its servants and agents have taken all reasonable measures to avoid the damage or if it was impossible or contrary to industry practice for it or them to take such measures PROVIDED ALWAYS THAT the liability of the Carrier in any case shall be limited to the payment by the Carrier by way of damages of a sum not exceeding USS 100.00 or its equivalent per consignment or in the case where transit insurance is effected the amount payable thereunder in the event of loss or damage to the goods.
9. Any claim brought against the Carrier hereunder in respect of loss of, damage to, or delay in the carriage by air of the goods must be notified in writing to an office of the Carrier, in the case of damage within 7 days from the date of delivery of the goods, and in the case of loss or delay within 14 days from the date on which the goods should have been delivered, otherwise no action shall lie against the Carrier and the rights of the Sender/Receiver to any claim against the Carrier are extinguished. The Sender/Receiver must comply with all applicable procedures of the Carrier in making a claim, otherwise the Carrier reserves the right to reject the claim.
10. The Carrier will not carry goods which in its sole opinion are dangerous, hazardous, combustible or explosive, including but not limited to, those specified in the International Air Transport Association (IATA) dangerous goods regulations, the International Civil Aviation Organisation (ICAO) technical instructions, or any other national or international rules applicable to the carriage of dangerous goods. The Carrier will also not carry gold and silver bullion, coin, dust, cyanides, precipitates or any form of uncoined gold and silver bullion, platinum and other precious metals, precious and semi-precious stones, jewellery, currency (paper or coin) of any country, negotiable securities, cheques of any kind, passports, tenders, stock, bonds, certificates, stamps, blank or endorsed bank cheques, money orders or travellers cheques, antiques, works of art, livestock, plants, drugs, pharmaceuticals, liquor , firearms, tobacco, foodstuff, or any other goods which are restricted by any applicable laws, rules and regulations. In the event that the Sender should consign such items with the Carrier, the Sender releases an indemnify the Carrier from and against all liabilities, claims, damages, losses, costs (including legal costs) and expenses which may arise as a result of or in connection with carriage of the same, and the Carrier shall not be responsible for such items and shall have the right to abandon such carriage immediately upon the Carrier having knowledge that the goods infringe this condition.
11. The Carrier shall not be under any liability whatsoever, including but not limited to liability in tort, contract or bailment, for any loss of or damage to or delay in the delivery of the goods (or any consequential loss arising therefrom) which takes place otherwise than during carriage by air, howsoever caused including but not limited to negligence or breach of contract by the Carrier, PROVIDED ALWAYS THAT where transit insurance is effected the Sender shall be entitled to the amount payable thereunder in the event of loss or damage to the goods.
12. The Carrier will not be liable in any event for any loss of or damage to or delay in the carriage of the goods (including any consequential loss) arising from or in connection with circumstances beyond the Carrier’s control. These include but are not limited to Acts of God such as earthquakes, cyclones, storms, flooding, fire, disease, fog, snow, frost; Force Majeure such as war, accidents, acts of public enemies, strikes, embargoes, perils of the air, local dispute, 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 goods (whether or not they are known to the Carrier), any act or omission of a person not employed or contracted by the Carrier such as the Sender, Receiver, third party, customs, government official; and electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings.
13. The Sender releases and indemnifies the Carrier from or against any claims, demands and/or liabilities arising out of or in connection with any personal injury, illness or death to any person, damage to any property, or any other loss or damage of any kind whatsoever (including any consequential loss) caused or contributed to by the goods and whether or not occurring whilst the goods are in the possession of the Carrier, and howsoever arising including but not limited to any negligence by the Carrier.
14. If the carriage involves an alternate destination or stop in a country other than the country of departure, the Warsaw Convention may be applicable. Where the Warsaw Convention is applicable, the Conditions of Carriage herein shall be read together with and subject to the provisions of the Warsaw Convention provided always where there is any inconsistency between the Conditions of Carriage herein and the provisions of the Warsaw Convention, the latter shall prevail. In these conditions the Warsaw Convention shall include as applicable the amended Convention and the Montreal Convention 1999.
15. The Carrier’s charges are quoted in Local Currency and all payments by the Sender (or Receiver as the case may be) must be made in Local Currency within 14 days from date of invoice. If any payments to be made by the Receiver are not made, the Sender agrees to make such payments promptly (including any administrative charges). If any charges due to the Carrier hereunder are in arrears and unpaid for a period of more than 14 days the Carrier may charge interest on any overdue amounts at a rate of 1.5% per month until the charges are paid.
16. The Sender warrants that the goods are fully and accurately described and that all applicable customs, import and export regulations and other laws in the country of departure and the country of destination of the goods have been complied with. In the event of any breach of this condition, the Carrier shall have the right to abandon the carriage of the goods immediately upon the Carrier becoming aware of such breach and the Sender/Receiver releases and indemnifies the Carrier from and against all resulting liabilities, claims, damages, losses, costs (including legal costs) and expenses which may arise as a result of or in connection with any breach of this condition by the Sender.
17. The Carrier shall have a lien over the Sender’s goods until all of the Carrier’s charges and expenses (including but not limited to storage and insurance charges) incurred by the Carrier in respect of the transportation of the goods have been met. The Carrier reserves the right to sell the goods where its charges and expenses have not been paid within one month from the date when the Carrier gives notice of the exercise of his right of lien to the Sender and apply the proceeds thereof towards payment of the charges and expenses. Any unpaid balance will remain payable.
18. No claim may be brought by the Sender against the Carrier until all charges and expenses of the Carrier in connection with the transportation of the goods have been met by the Sender. No amounts may be deducted from such charges and expenses in respect of any claim by the Sender against the Carrier. Any action or proceeding against the Carrier not otherwise excluded or extinguished herein, shall be brought within 2 years of the date when the right of action occurs and if not brought is forever extinguished.
19. If, (without prejudice to but notwithstanding the other provisions of these Conditions of Carriage and, in particular, clause 11) the Carrier is deemed liable, by any Court or other competent authority, for any loss of or damage to or delay in delivery of the goods (or any consequential loss arising therefrom) which takes place during the carriage of the goods by air, then the liability of the Carrier under this Condition shall be limited to the payment by the Carrier by way of damages of a sum not exceeding that which would be payable if the Warsaw Convention were applicable to these Conditions of Carriage or, if more, either to US$100.00 or its equivalent per consignment, or, in a case where transit insurance is effected, the amount payable thereunder in the event of loss or damage to the goods. Notwithstanding that the Sender has declared the values of the goods (for whatever reason) to the Carrier, the Sender/Receiver hereby agree that the Carrier’s liability herein for any loss, damage or delay in delivery of the goods shall be limited to US$100.00 per consignment or, where the Warsaw Convention is applicable, the limitation amounts stated in the provisions therein as if no declaration of value has been made, unless otherwise expressly agreed in writing.
20. Whenever the liability of the Carrier is excluded or limited under these Conditions, such exclusion or limitation shall equally apply to officers, servants, agents or representatives of the Carrier.
21. The illegality, invalidity or unenforceability of any provision shall not affect any other part of the conditions herein.
22. Save as provided by any applicable convention, any dispute arising under or in connection with these conditions herein shall be subject to the non-exclusive jurisdiction of the courts of, and governed by the laws of, the country where the goods are presented to the Carrier for carriage and the Sender irrevocably submits to such jurisdiction.