Terms and Conditions

EXAIRGO EXTRANSPOSE COURIER & DELIVERY SERVICES EXPRESS TERMS AND CONDITIONS OF CARRIAGE

When ordering EXAIRGO EXTRANSPOSE COURIER & DELIVERY SERVICES’s services you, as “Shipper”, are agreeing, on your behalf and on behalf of the receiver of the Shipment (“Receiver”) and anyone else with an interest in the Shipment that these Terms and Conditions shall apply.

“Shipment” means all documents or parcels that travel under one waybill and which may be carried by any means EXAIRGO EXTRANSPOSE COURIER & DELIVERY SERVICES chooses, including air, road or any other carrier. A “waybill” shall include any Shipment identifier or document produced by EXAIRGO EXTRANSPOSE COURIER & DELIVERY SERVICES or Shipper automated systems such as a label, barcode, waybill or consignment note as well as any electronic version thereof. Every Shipment is transported on a limited liability basis as provided herein. If Shipper requires greater protection, then Shipment Value Protection may be arranged at an additional cost. (Please see below for further information). “EXAIRGO EXTRANSPOSE COURIER & DELIVERY SERVICES” means any member of the EXAIRGO EXTRANSPOSE COURIER & DELIVERY SERVICES Express Network.

EXAIRGO EXTRANSPOSE COURIER & DELIVERY SERVICES may perform any of the following activities on Shipper’s or Receiver’s behalf in order to provide its services : (1) complete any documents, amend product or service codes, and pay any duties, taxes or penalties required under applicable laws and regulations (“Customs Duties”), (2) act as Shipper’s forwarding agent for customs and export control purposes and as Receiver solely for the purpose of designating a customs broker to perform customs clearance and entry and (3) redirect the Shipment to Receiver’s customs broker or other address upon request by any person who EXAIRGO EXTRANSPOSE COURIER & DELIVERY SERVICES believes in its reasonable opinion to be authorized.

A Shipment is deemed unacceptable if:

• No customs declaration is made when required by applicable customs regulations,
• It contains counterfeit goods, animals, bullion, currency, gem stones; weapons, explosives and ammunition; human remains; illegal items, such as ivory and narcotics,
• It is classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), ADR (European Road Transport Regulation on dangerous goods) or other relevant organization (“Dangerous Goods”),
• Its address is incorrect or not properly marked or its packaging is defective or inadequate to ensure safe transportation with ordinary care in handling,
• It contains any other item which EXAIRGO EXTRANSPOSE COURIER & DELIVERY SERVICES decides cannot be carried safely or legally.

Shipments cannot be delivered to PO boxes or postal codes. Shipments are delivered to the Receiver’s address given by Shipper but not necessarily to the named Receiver personally. Shipments to addresses with a central receiving area will be delivered to that area.

EXAIRGO EXTRANSPOSE COURIER & DELIVERY SERVICES may notify Receiver of an upcoming delivery or a missed delivery. Receiver may be offered alternative delivery options such as delivery on another day, no signature required, redirection or collection at a EXAIRGO EXTRANSPOSE COURIER & DELIVERY SERVICES Service Point. Shipper may exclude some delivery options on request.

If the Shipment is deemed to be unacceptable as described in Section 2, or it has been undervalued for customs purposes, or Receiver cannot be reasonably identified or located, or Receiver refuses delivery or to pay Customs Duties or other Shipment charges, EXAIRGO EXTRANSPOSE COURIER & DELIVERY SERVICES shall use reasonable efforts to return the Shipment to Shipper at Shipper’s cost, failing which the Shipment may be released, disposed of or sold without incurring any liability whatsoever to Shipper or anyone else, with the proceeds applied against Customs Duties, Shipment charges and related administrative costs with the balance of the proceeds of a sale to be returned to Shipper. EXAIRGO EXTRANSPOSE COURIER & DELIVERY SERVICES shall have the right to destroy any Shipment which any law prevents EXAIRGO EXTRANSPOSE COURIER & DELIVERY SERVICES from returning to Shipper as well as any Shipment of Dangerous Goods.

EXAIRGO EXTRANSPOSE COURIER & DELIVERY SERVICES has the right to open and inspect a Shipment without notice for safety, security, customs or other regulatory reasons.

EXAIRGO EXTRANSPOSE COURIER & DELIVERY SERVICES’s Shipment charges are calculated according to the higher of actual or volumetric weight per piece and any piece may be re-weighed and re-measured by EXAIRGO EXTRANSPOSE COURIER & DELIVERY SERVICES to confirm this calculation.

Shipper, or the Receiver when EXAIRGO EXTRANSPOSE COURIER & DELIVERY SERVICES acts on Receiver’s behalf, shall pay or reimburse EXAIRGO EXTRANSPOSE COURIER & DELIVERY SERVICES for all Shipment or other charges due, or Customs Duties owed for services provided by EXAIRGO EXTRANSPOSE COURIER & DELIVERY SERVICES or incurred by EXAIRGO EXTRANSPOSE COURIER & DELIVERY SERVICES on Shipper’s or Receiver’s behalf. Payment of Customs Duties may be requested prior to delivery.

If EXAIRGO EXTRANSPOSE COURIER & DELIVERY SERVICES uses its credit with the Customs Authorities or advances any Customs Duties on behalf of a Receiver who does not have an account with EXAIRGO EXTRANSPOSE COURIER & DELIVERY SERVICES, EXAIRGO EXTRANSPOSE COURIER & DELIVERY SERVICES shall be entitled to assess a fee.

If Shipper regards these limits as insufficient it must make a special declaration of value and request Shipment Value Protection as described in Section 8 or make its own insurance arrangements.

EXAIRGO EXTRANSPOSE COURIER & DELIVERY SERVICES’s liability is strictly limited to direct loss and damage to a Shipment only and to the per kilogram limits in this Section 6. All other types of loss or damage are excluded (including but not limited to lost profits, income, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to EXAIRGO EXTRANSPOSE COURIER & DELIVERY SERVICES ’s attention.

EXAIRGO EXTRANSPOSE COURIER & DELIVERY SERVICES will make every reasonable effort to deliver the Shipment according to EXAIRGO EXTRANSPOSE COURIER & DELIVERY SERVICES ’s regular delivery schedules, but these schedules are not binding and do not form part of the contract. EXAIRGO EXTRANSPOSE COURIER & DELIVERY SERVICES is not liable for any damages or loss caused by delay, but for certain Shipments, Shipper may be able to claim limited delay compensation under the Money Back Guarantee terms and conditions.

All claims must be submitted in writing to EXAIRGO EXTRANSPOSE COURIER & DELIVERY SERVICES within thirty (30) days from the date that EXAIRGO EXTRANSPOSE COURIER & DELIVERY SERVICES accepted the Shipment, failing which EXAIRGO EXTRANSPOSE COURIER & DELIVERY SERVICES shall have no liability whatsoever. Claims are limited to one claim per Shipment, settlement of which will be full and final settlement for all loss or damage in connection therewith.

EXAIRGO EXTRANSPOSE COURIER & DELIVERY SERVICES may be able to arrange Shipment Value Protection covering the value in respect of loss of or damage to the Shipment, provided that the Shipper so instructs EXAIRGO EXTRANSPOSE COURIER & DELIVERY SERVICES in writing, including by completing the Shipment Value Protection section on the front of the waybill or by EXAIRGO EXTRANSPOSE COURIER & DELIVERY SERVICES’s automated systems and pays the applicable premium. Shipment Value Protection does not cover indirect loss or damage, or loss or damage caused by delays.

EXAIRGO EXTRANSPOSE COURIER & DELIVERY SERVICES is not liable for any loss or damage arising out of circumstances beyond EXAIRGO EXTRANSPOSE COURIER & DELIVERY SERVICES control. These include but are not limited to electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings; any defect or characteristic related to the nature of the Shipment, even if known to EXAIRGO EXTRANSPOSE COURIER & DELIVERY SERVICES ; any act or omission by a person not employed or contracted by EXAIRGO EXTRANSPOSE COURIER & DELIVERY SERVICES - e.g. Shipper, Receiver, third party, customs or other government official; “Force Majeure” e.g. earthquake, cyclone, storm, flood, fog, war, plane crash, embargo, riot, civil commotion, or industrial action.

Shipper shall indemnify and hold EXAIRGO EXTRANSPOSE COURIER & DELIVERY SERVICES harmless for any loss or damage arising out of Shipper’s failure to comply with the following warranties and representations:

• All information provided by Shipper or its representatives is complete and accurate;
• The Shipment is acceptable for transport under Section 2 above;
• The Shipment was prepared in secure premises by reliable persons and was protected against unauthorized interference during preparation, storage and any transportation to EXAIRGO EXTRANSPOSE COURIER & DELIVERY SERVICES ;
• Shipper has complied with all applicable customs, import, export, data protection laws, sanctions, embargos and other laws and regulations; and
• Shipper has obtained all necessary consents in relation to personal data provided to EXAIRGO EXTRANSPOSE COURIER & DELIVERY SERVICES including Receiver’s data as may be required for transport, customs clearance and delivery, such as e-mail address and mobile phone number.

Shipper agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places.

Any dispute arising under or in any way connected with these Terms and Conditions shall be subject, for the benefit of EXAIRGO EXTRANSPOSE COURIER & DELIVERY SERVICES , to the non-exclusive jurisdiction of the courts of, and governed by the law of the country of origin of the Shipment and Shipper irrevocably submits to such jurisdiction, unless contrary to applicable law.

The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions.

Further information is available on the EXAIRGO EXTRANSPOSE COURIER & DELIVERY SERVICES website (www.exairgo.com) or from EXAIRGO EXTRANSPOSE COURIER & DELIVERY SERVICES Customer Service.