- When procuring the delivery services of Ibshir and its carrier partner, you, as “Customer”, agree, on your behalf and on behalf of the receiver of the Shipment (“Consignee”) and any third party with an interest in the Shipment that the terms and conditions under this agreement will apply.
- “Shipment” means all documents or parcels that travel under one waybill and which may be carried by any means Ibshir and its carrier partner chooses, including air, road or any other carrier.
- A “waybill” will include any Shipment identifier or document produced by Ibshir and its carrier partner or Customer automated systems such as a label, barcode, waybill or consignment note as well as any electronic version thereof. Customer understands and agrees that a Shipment will be subject to the Conditions of Carriage appearing on the face and the reverse sides of the waybill.
Ibshir and its carrier partner reserve the right to refuse any documents or parcels from any person, firm, or company at its own discretion.
- Ibshir and its carrier partner reserve the right to transport the Shipment by any route and procedure and by successive carriers and according to its own handling, storage and transportation methods.
- Prohibited Shipments. Customer undertakes to ensure that a Shipment handled by Ibshir and its carrier partner will not contain: (a) anything that cannot be transported safely or legally; (b) anything that is prohibited by any law, regulation, or statute; (c) bullion, currency, dangerous/hazardous Shipment, combustible materials, drugs/narcotics; (d) negotiable instruments in bearer form like bearer cheques/drafts, money orders, promissory notes, bearer bonds, bearer share certificates, stamps, open tickets, uncashed travelers' cheques, credit cards, or SIM cards (but not including gift cards); (e) contrary to the customs and practices of the destination country.
- Inspection. Ibshir and its carrier partner reserve the right, but not the obligation, to open and inspect a Shipment without notice for safety, security, customs or other regulatory reasons.
- Packaging. The packaging of the Shipment is Customer’s sole responsibility, including the placing of the goods or documents in any container which may be supplied to Customer Ibshir and its carrier partner. Ibshir and its carrier partner do not accept any responsibility for loss or damage to Shipment arising from inadequate or inappropriate packaging. Ibshir and its carrier partner will not be liable for delay in delivery resulting from Customer’s failure to comply with its obligations in this respect.
- Customs. Ibshir and its carrier partner may perform the following activities on behalf of Customer and/or Consignee in order to provide the services: (1) complete any document, amend product or service codes, and pay any duties or taxes required under applicable laws and regulations (“Customs Duties”), and (2) act as Customer’s forwarding agent for customs and export control purposes and as Consignee solely for the purpose of designating a customs broker to perform customs clearance and entry. Customer will provide Ibshir and its carrier partner with all necessary documentation and fulfill all procedural requirements to expedite clearance of the Shipments as may be required by Ibshir and its carrier partner. Customer will declare to Ibshir and its carrier partner the contents and actual value of each Shipment before such Shipments are collected by Ibshir and its carrier partner. Customer will be solely liable for any mis-declaration of the Shipment.
- Limitation of Liability. Subject to Clauses 2 and 6 hereof:
Ibshir and its carrier partner will be responsible for Customer’s shipment only while it is within Ibshir and its carrier partner’s custody and control. Ibshir and its carrier partner will not be liable for loss or damage of a Shipment while Shipment is out of Ibshir and its carrier partner’s custody or control. Ibshir and its carrier partner LIABILITY IS IN ANY EVENT LIMITED TO ONE HUNDRED DOLLARS (US$100) or its equivalent per Shipment unless a higher value is declared on the waybill at the time of tender and an additional charge is paid for, as assessed and determined by Ibshir and its carrier partner, for each One Hundred Dollars (US$100) or fraction thereof, by which the insured value designated by Customer on the waybill exceeds One Hundred Dollars (US$100) per Shipment.
- Notwithstanding the foregoing, should Customer, at the time of tender, declare a higher value than One Hundred Dollars (US$100.00) on the waybill, Ibshir and its carrier partner’s liabilities will in any event be limited to the lower of the insured value or the amount of any loss or damage actually sustained by Customer.
- The actual value of a Shipment will be ascertained by reference to its replacement, reconstitution or reconstruction value at the time and place of shipment, whichever is less, without reference to its commercial utility to Customer or to other items of consequential loss.
- NOTWITHSTANDING ANY OF THE FOREGOING, THE MAXIMUM INSURED VALUE ON ANY SHIPMENT ACCEPTED BY Ibshir and its carrier partner IS TEN THOUSAND DOLLARS (US$10,000.00) AND IN NO EVENT WILL THE LIABILITY OF Ibshir and its carrier partner EXCEED THAT AMOUNT.
- In no event will Ibshir and its carrier partner be liable for any type of consequential or special or indirect or incidental damages or other indirect loss, however arising, whether or not Ibshir and its carrier partner had knowledge that such damage might be incurred, including but not limited to loss of income, profit, interest, utility or loss of market.
- Customer will be liable for all losses, damages and expenses arising as a result of its failure to comply with its obligations under this agreement as a result of its negligence.
- Liabilities Not Assumed.
Ibshir and its carrier partner will be not liable for any loss, damage, delay, misdelivery, nondelivery not caused by its own negligence, or for any loss, damage, delay, misdelivery or non-delivery caused by: (a) the act, default or omission of Customer or Consignee or any third party who claims an interest in the shipment; (b) the nature of the Shipment or any defect, characteristic, or inherent vice thereof; (c) violation by Customer or Consignee of any term or condition stated herein including, but not limited to, improper or insufficient packing, securing, marking or addressing, misdescribing the contents of the Shipment or failure to observe any of the rules relating to shipments not acceptable for transportation, whether such rules are now or hereafter promulgated by Ibshir and its carrier partner; (d) Force Majeure; (e) acts or omissions of any postal service, forwarder, or any other entity to whom a Shipment is tendered by Ibshir and its carrier partner for transportation, regardless of whether Customer requested or had knowledge of such third party delivery requirement; (f) electrical or magnetic injury, erasure, or other such damage to electronic or photographic images or recordings in any form; or (g)damage due to insects or vermin.
Ibshir and its carrier partner will make every reasonable effort to deliver the Shipment according to its regular delivery schedules, however, Customer agrees that such schedules are not binding and do not form part of the agreement. Ibshir and its carrier partner will not be liable for any damages or loss caused by delay.
- Customer’s Warranties and Indemnities. Customer will indemnify and hold harmless Ibshir and its carrier partner for any loss or damage arising out of Customer’s failure to comply with the following warranties and representations: (a) all information provided by Customer is complete and accurate; (b) the Shipment is acceptable for transport; (c) the Shipment was prepared in secure premises by reliable persons and was protected against unauthorized interference during preparation, storage and any transportation to Ibshir and its carrier partner; (d) Customer has complied with all applicable customs, import, export, data protection laws, sanctions, embargoes and other laws and regulations; and (e) Customer has obtained all necessary consents in relation to personal data provided to Ibshir and its carrier partner including Consignee’s data as may be required for transport, customs clearance and delivery, such as e-mail address and mobile phone number.
- All rates are in USD Dollars excluding all applicable duties, whether customs duties or otherwise, and do not include government fees, taxes and VAT.
- The rates are calculated according to the higher of gross or volumetric weight per piece and any piece may be remeasured or reweighed by Ibshir and its carrier partner for confirmation of the rate calculation.
- Customer will pay or reimburse Ibshir and its carrier partner for all Shipment or other charges due, or Customs Duties or import VAT owed for services provided by Ibshir and its carrier partner or incurred by Ibshir and its carrier partner on Customer’s or Consignee’s behalf. Payment of Customs Duties may be requested prior to delivery. All payments by Customer will be made free and clear of, and without reduction for, any withholding tax.
Ibshir and its carrier partner will not be liable for any penalties imposed or loss or damage incurred due to Customer’s documents or goods being impounded by customs or similar authorities and Customer hereby indemnifies Ibshir and its carrier partner against such penalty or loss under clause 7.
- Customer will report any disputes on the invoices submitted by Ibshir and its carrier partner within seven (7) days from the time the invoice is received by Customer, after which the invoice is deemed accepted by Customer.
- Claims. Any claim against Ibshir and its carrier partner must be submitted in writing within thirty (30) days of the date of acceptance of Shipment by Le Éleur and its carrier partner. Claims can be raised on the Ibshir website and its carrier partner website or by sending an email directly to Customer Service Team: email@example.com. Notwithstanding any of the foregoing, no claim for loss or damage will be entertained until all transportation charges have been paid.