GLOBAL EXPRESS PARCELS LIMITED CONDITIONS OF CARRIAGE
1. APPLICATION
1.1 These Conditions apply to the carriage of Shipments from and between all International countries served by Globe - X . These services may be modified by Globe - X from time to time.
1.2 The carriage by air of a Shipment may be subject to the Warsaw Convention of October 12, 1929, as amended by the Hague Protocol of September 28, 1955 and all subsequent applicable Protocols, as well as the Guadalajara Convention of September 18, 1961. Shipments transported partly or solely by road - by explicit agreement or otherwise - in, to or from a country which is party to the Convention on the Contract for the International Carriage of Goods by Road, as amended, are subject to the terms and conditions thereof.
1.3 These Conditions supersede all previous published terms and conditions of Globe – X service to which these Conditions apply. Globe – X reserves the right to unilaterally modify, amend, change or supplement these Conditions without notice.
1.4 These Conditions (which term includes those agreements and conventions expressly referred to herein) represent the entire agreement between the parties and, shall prevail over, exclude and supersede any other terms or conditions, oral or written, wheresoever appearing or made and, in particular, any terms or conditions sought to be incorporated by the Sender or any other written or oral statements concerning these Conditions. The Sender confirms that it does not rely upon or claim any other terms, warranties, conditions or representations relating to the use of the services under this Agreement.
1.5 The Sender will be bound by the signature of any of its employees, servants and agents on the Air Waybill.
2. DEFINITIONS
"Conditions" shall mean these Conditions of Carriage which term shall also include those agreements and conventions expressly referred to herein and as updated by Globe - X from time to time.
"Globe - X" means, Global Express Parcels Limited, its subsidiaries and branches, their respective employees and agents and independent contractors.
"The Sender" or " The Shipper " means the person [natural or legal] whose name is listed on the Air Waybill as the sender.
"The Recipient " or " The Consignee" means the person whose name is listed on the Air Waybill as the recipient
" Package " means any single parcel or piece that is accepted by Globe - X and/or its Agents, including any such items tendered by the Sender utilizing Globe - X and/or its Agents automated systems, meters, manifests or Air Waybills.
" Shipment " means one or more pieces, either Packages or freight, moving on a single Air Waybill.
" Air Waybill " means any shipping document, manifest, label, stamp, electronic entry or similar item used in the Globe - X and/or its Agents transportation system.
" Transportation Charges " means the fees, charges and amounts assessed or levied for movement of a Shipment by Globe - X and/or its Agents in accordance with these Conditions or any conditions or fees subsequently imposed, but not including other fees or charges which may be assessed, such as (but not limited to) declared value charges, special handling fees, customs duties and taxes and surcharges.
" Charges " means Transportation Charges and any other charges or surcharges assessed for or levied in respect of transportation of a Shipment pursuant to these Conditions, including but not limited to Ancillary Charges, declared value charges, special handling fees and other surcharges detailed in these Conditions or any updated Conditions and customs duties and taxes and other costs reasonably incurred by Globe - X and/or its Agents relating to transport of a Shipment.
"Declared Value for Carriage" means that value, if any, indicated by the Sender on the Air Waybill, constituting the maximum amount Globe - X and/or its Agents liability in connection with the Shipment of the package. The Declared Value for Carriage cannot exceed the Declared Value for Customs.
"Declared Value for Customs" means the selling price or replacement cost of the Shipment's contents as required for customs clearance purposes.
"Delivery (Commitment) Time" means the published delivery commitment for the Globe - X and/or its Agents service for that Shipment, taking into account the commodity being shipped, date of shipment, destination, weight of the Shipment and value of the Shipment.
3. RATES
Rates and service quotations by employees and agents of Globe - X and/or its Agents will be based upon information provided by the Sender but final rates and service may vary based upon the Shipment actually tendered and the application of these Conditions. Globe - X and/or its Agents is not liable for, nor will any adjustment, refund or credit of any kind be made, as a result of any discrepancy in any rate or service quotation made prior to the tender of the Shipment and the rates, and other Charges invoiced to the customer. GLOBE - X AND/OR ITS AGENTS DOES NOT PROVIDE QUOTATIONS OR ESTIMATES OF CUSTOMS DUTIES OR TAXES.
Rates applied shall be those rates applicable and in force at the time that the order is made.
4. DIMENSIONAL WEIGHT
4.1 Charges may be assessed based on the International Air Transport Association (IATA) volumetric standard or dimensional weight. Under current IATA standards, dimensional weight, is determined by multiplying a Package's length x height x width (all in centimetres) and dividing the total by 6000. If the result exceeds the actual weight, additional Charges may be assessed based on the dimensional weight. The rates of such additional Charges are available upon request and may be amended, without notice, by Globe - X and/or its Agents.
5. REFUSAL OR REJECTION OF SHIPMENTS
5.1
Globe - X and/or its Agents reserves the right to refuse, hold, cancel, postpone or return any Shipment at any time if such Shipment would in the opinion of Globe - X and/or its Agents be likely to cause damage or delay to other Shipments, goods or persons, or the carriage of which is prohibited by law or is in violation of any of these Conditions. The fact that Globe - X and/or its Agents accept a Shipment does not mean that such Shipment conforms to applicable laws and regulations or to the present Conditions.
6. RESTRICTIONS
6.1 Package size and weight restrictions vary by country. Details are available upon request.
6.2 There is no limit on the aggregate weight of a multiple piece Shipment provided each individual Package within the Shipment does not exceed the per Package weight limit specified for the destination country. Shipments exceeding 225 kilo require advance arrangement with Globe - X and/or its Agents. Details are available upon request.
6.3 Globe - X and/or its Agents Envelope and Globe - X and/or its Agents Pak Shipments must be tendered in the appropriate Globe - X and/or its Agents packaging.
6.4 No more than one type of service may be indicated on a single Air Waybill and no more than one Globe - X and/or its Agents Envelope may be shipped on a single Air Waybill.
6.5 The Sender is allowed to ship up to ten different commodities on a single Air Waybill.
6.6 The Shipper is allowed to ship up to 999 Packages on a single Air Waybill.
7. ITEMS UNACCEPTABLE FOR CARRIAGE
7.1 The following items are not acceptable for carriage to any international destination:
1) MONEY (coins except collectible, cash, stamps, and negotiable instruments equivalent to cash such as endorsed stocks, bonds and cash letters);
2) EXPLOSIVES, FIREWORKS AND OTHER ITEMS OF AN INCENDIARY OR FLAMMABLE NATURE;
3) HUMAN CORPSES, ORGANS OR BODY PARTS, HUMAN AND ANIMAL EMBRYOS, CREMATED OR DISINTERRED HUMAN REMAINS, EXCEPTED BLOOD, URINE AND OTHER LIQUID DIAGNOSTIC SPECIMENS AS REFERRED TO IN SECTION 9.4.;
4) SHIPMENTS TO APO / FPO ADDRESSES;
5) CASH ON DELIVERY SHIPMENTS;
6) FIREARMS, WEAPONRY, AMMUNITION AND THEIR PARTS;
7) FOODSTUFFS, PERISHABLE FOOD ARTICLES AND BEVERAGES REQUIRING REFRIGERATION OR OTHER ENVIRONMENTAL CONTROL;
8) PLANTS AND PLANT MATERIAL, INCLUDING SEEDS AND CUT FLOWERS (CUT FLOWERS ARE ACCEPTABLE TO CERTAIN DESTINATIONS, INFORMATION AVAILABLE UPON REQUEST);
9) LOTTERY TICKETS, GAMBLING DEVICES;
10) PERISHABLES (OTHER THAN UNDER (7));
11) PERSONAL ITEMS WHERE THE IMPORTER IS CLAIMING DUTY-FREE ENTRY;
12) PORNOGRAPHY;
13) SHIPMENTS BEING PROCESSED UNDER :
a) CARNETS (allow temporary import for display, etc. without duties) unless advance arrangements are made.
b) DRAWBACK CLAIMS (requests for refunds of import duties at time of export) unless advance arrangements are made.
c) TEMPORARY IMPORT BONDS (allow temporary import for repair, etc.) unless advance arrangements are made.
d) Letters of Credit;
14) HAZARDOUS WASTE, INCLUDING, BUT NOT LIMITED TO, USED HYPODERMIC NEEDLES AND/OR SYRINGES OR MEDICAL WASTE;
15) WET ICE (FROZEN WATER), unless in packaging pre-approved by the Globe - X and/or its Agents Packaging Design and Development Department prior to shipment;
16) SHIPMENTS REQUIRING GLOBE - X AND/OR ITS AGENTS TO OBTAIN ANY SPECIAL LICENSE OP PERMIT FOR TRANSPORTATION, IMPORTATION OR EXPORTATION;
17) SHIPMENTS THE CARRIAGE, IMPORTATION OR EXPORTATION OF WHICH IS PROHIBITED BY ANY LAW, STATUTE OR REGULATION;
18) SHIPMENTS WITH A DECLARED VALUE FOR CUSTOMS IN EXCESS OF THAT PERMITTED (See Section 18: DECLARED VALUE AND LIMITS OF LIABILITY);
19) DANGEROUS GOODS EXCEPT AS PERMITTED UNDER THE "DANGEROUS GOODS" SECTION OF THESE CONDITIONS;
20) DEAD ANIMALS OR ANIMALS THAT HAVE BEEN MOUNTED;
21) PACKAGES THAT ARE WET, LEAKING OR EMIT AN ODOR OF ANY KIND;
22) PACKAGES THAT ARE WRAPPED IN KRAFT PAPER;
23) LIVE ANIMALS and insects EXCEPT WHEN THE SHIPMENT IS COORDINATED AND APPROVED BY THE GLOBE - X AND/OR ITS AGENTS LIVE ANIMAL DESK. CUSTOMERS CAN CONTACT GLOBE - X AND/OR ITS AGENTS LOCALLY FOR MORE ASSISTANCE. HOUSEHOLD PETS AND LIVE FISH ARE NOT ACCEPTED.
Globe - X and/or its Agents exclude all liability for Shipments of such items howsoever accepted (including acceptance by mistake or under notice).
7.2 Additional restrictions may apply depending upon destination and service and service option used and various regulatory and customs clearances may be required for certain commodities, therefore extending the transit time. Globe - X and/or its Agents reserves the right to reject Packages based upon these limitations or for reasons of security or safety. Globe - X and/or its Agents shall be entitled to charge an administrative fee for packages rejected and for the costs of returning goods, where applicable, to the Sender. Further information is available upon request.
7.3 The Money Back Guarantee (see Section 17) is not applicable to items unacceptable for carriage.
8. DANGEROUS GOODS
8.1 Dangerous Goods can only be shipped using the Globe - X and/or its Agents Expanded Service International Air Waybill and subject to prior agreement by Globe - X and/or its Agents. Separate Air Waybills must be used for Dangerous Goods and non-dangerous goods Shipments.
8.2 Some Dangerous Goods (e.g. IATA Dangerous Goods class 1: explosives, except for class 1.4 "S") are never acceptable for carriage. Other Dangerous Goods which may be acceptable depending upon destination include: compressed gasses (class 2), flammable liquids (class 3), other flammable hazards (class 4), oxygen rich materials, oxidizers and organic peroxides (class 5), material affecting health, poisons and infectious substances (class 6), radioactive or other fissionable materials (class 7), corrosive materials (class 8), miscellaneous hazards (class 9) super-cold. Not all Globe - X and/or its Agents locations accept dangerous goods and Globe - X and/or its Agents reserve the right to refuse dangerous goods at any location where they cannot be accepted in accordance with applicable law.
8.3 The Sender must provide and shall be liable for the fully effective packaging of all Dangerous Goods, in compliance with all requirements of the latest edition of the IATA Dangerous Goods Regulations with regard to classifications, packaging, marking and labelling, and with any other applicable laws, regulations or rules.
8.4 Blood, urine and other liquid diagnostic specimens containing etiologic agents are considered Dangerous Goods to which special IATA regulations apply (see Section 10 - Packing and Marking). They will only be accepted when shipped in a watertight primary receptacle and a watertight secondary packaging and if not further restricted or prohibited by the destination country. It is the Sender's responsibility to obtain from and comply with Globe - X and/or its Agent's precise legal requirements for packaging such specimens prior to completing the Air Waybill.
8.5 Globe - X and/or its Agents packaging is not suitable for dangerous goods and these may not be shipped in any Globe - X and/or its Agents packaging.
8.6 All Dangerous Goods which are destined for or which transit the U.S.A. must be accompanied by a Sender's Declaration and Certification as required by U.S. law, which the Sender can obtain.
8.7 The Sender will be solely responsible for any damage caused by his non-compliance with any applicable IATA or other regulations. If the Recipient refuses a Package containing Dangerous Goods, or the Package leaks, is damaged, or emits an odour (collectively "leakage")it will be returned to the Sender, if possible. If the Package is refused by the Sender, or it cannot be returned because of leakage or damage, the Sender will be liable for and agrees to reimburse and otherwise indemnify Globe - X and/or its Agents for all costs, fees and expenses incurred in connection with the clean-up and/or disposal of the Package. Globe - X and/or its Agents reserve the right, without liability, to dispose of package showing indications of leakage.
8.8 The Money Back Guarantee (see Section 17) is not applicable to Shipments of Dangerous Goods.
9. PACKING AND MARKING
9 .1 All Packages must be prepared and packed by the Sender for safe transportation by air and road assuming ordinary care in handling. Each Shipment must be legibly and durably marked with the name, street-, city- and country address including postcode of the Sender and the Recipient.
9 .2 Any articles susceptible to damage as a result of any condition, which may be encountered in air transportation, such as changes in temperature or atmospheric pressure, must be protected by the Sender.
9 .3 Globe - X and/or its Agents do not provide temperature-controlled transport. Under no circumstances can Globe - X and/or its Agents be obliged to add dry ice to shipments, notwithstanding any oral or written statements from the customer or Globe - X and/or its Agents to the contrary.
9 .4 Globe - X and/or its Agents shall not be liable for any damage arising out of changes in temperature or pressure.
10. INSPECTION OF SHIPMENTS
10.1. Globe - X and/or its Agents may, at its option, or upon the request of the competent authorities, open and inspect any Shipment at any time, and shall incur no liability of any kind therefore.
10.2. In accordance with applicable regulations in various jurisdictions Globe - X and/or its Agents is required to undertake (random) X-ray screening. Globe - X and/or its Agents may undertake such screening and the Sender and Recipient hereby waive any possible claims for damages as a result of screening.
11. CUSTOMS CLEARANCE
11.1 All Shipments which cross national borders must be cleared through Customs in the destination country prior to delivery to the Recipient.
11.2 It is the Sender's responsibility to ensure that all necessary documentation in addition to the Air Waybill is provided and accurately completed in compliance with all applicable laws, rules and regulations, including but not limited to customs laws, import and export laws and government regulations of any country to, from, through or over which the Shipment may be carried. In the event of any failure to provide and/or complete accurately all such documentation (including the Air Waybill) Globe - X and/or its Agents will assume no liability to the Sender or any other person for any loss, expense or delay due to the Sender's failure to comply with this provision. When Shipments are held by Customs or other agencies due to incorrect or missing documentation, Globe - X and/or its Agents may first attempt to notify the Recipient. If local law requires the correct information or documentation to be submitted by the Recipient and the Recipient fails to do so within a reasonable time as Globe - X and/or its Agents may determine, the Shipment may be considered undeliverable (see "Undeliverable Shipments"). If the Recipient fails to supply the required information or documentation and local law allows the Sender to provide the same, Globe - X and/or its Agents may attempt to notify the Sender. If the Sender also fails to provide the information or documentation within a reasonable time as Globe - X and/or its Agents may determine, the Shipment will be considered undeliverable. Globe - X and/or its Agents assume no responsibility for its inability to complete a delivery due to incorrect or missing documentation, whether or not it attempts to notify the Recipient or Sender. Globe - X and/or its Agents shall be entitled to charge an administrative fee for such obtaining corrective or complete information.
11.3. Globe - X and/or its Agents reserve the right to assess extra Charges for customs clearance or for services ancillary to the customs clearance of Shipments ("Ancillary Charges"). Customers should contact Globe - X and/or its Agents for more information on the Ancillary Charges.
12. DUTIES AND TAXES
12.1 Without prejudice to Sections 4.5 and 4.6., Globe - X and/or its Agents may elect to advance on behalf of the party responsible for payment thereof ("the Payer"), any duties and taxes as assessed by Customs. For all Shipments, Globe - X and/or its Agents may contact the Payer before customs clearance is complete to confirm the arrangements for reimbursement of amounts to be advanced. At its sole discretion, Globe - X and/or its Agents may require confirmation of reimbursement arrangements as a condition to completion of clearance and delivery including, but not limited to, cases of deliveries to Recipients that Globe - X and/or its Agents believes are not creditworthy, and of Shipments with high declared values.
12.2 If a Recipient or a third party from whom reimbursement confirmation is requested refuses to pay the duties and taxes necessary to release the Shipment from Customs, Globe - X and/or its Agents may contact the Sender. If the Sender refuses to make satisfactory arrangements to reimburse Globe - X and/or its Agents, the Shipment will be returned to the Sender, placed into a general order warehouse or a Customs-bonded warehouse or considered undeliverable (See "Undeliverable Shipments"). The Sender will then be responsible for payment of both the original Charges and the return Charges. If Globe - X and/or its Agents advances any amounts as duties and taxes at either the original destination or upon return, the Sender shall also be liable for such amounts and all fees and surcharges related to Globe - X and/or its Agent's advancement of duties and taxes.
12.3 Any Shipments may be delayed if Globe - X and/or its Agents are not able to obtain satisfactory confirmation of arrangements to reimburse it for amounts to be advanced for duties and taxes. These delays, or any other failure to comply with these Conditions are liabilities not assumed and are not Service Failures and are not covered by the Money Back Guarantee (See Section 17: MONEY BACK GUARANTEE and Section 19: LIABILITIES NOT ASSUMED).
12.4 If Globe - X and/or its Agents advances duties and taxes it reserves the right to assess a surcharge. The Sender should refer to the Globe - X and/or its Agents rate sheets in effect at the time of shipment or call Globe - X and/or its Agents for an explanation of the surcharge. Notwithstanding that Globe - X and/or its Agents reserves the right to auction or otherwise dispose of goods to recover Charges not reimbursed, the Sender shall remain liable for such charges.
13. ROUTING AND DELIVERY
13.1 Globe - X and/or its Agents reserve the right to route the Shipment in any way it deems appropriate. There are no transit places, which are agreed upon at the time of tender of the Shipment. Globe - X and/or its Agents assume no obligation to reroute any Shipment to a third country or carry the Shipment by any specified aircraft or over any particular route or to make connection at any point according to any schedules. Globe - X and/or its Agents may, without notice, substitute alternate carrier or aircraft, deviate from the route or routes, or cause the Shipment to be transported by motor vehicle. The Sender agrees to Globe - X and/or its Agent's right to divert any Shipment (including use of other carriers) in order to facilitate its delivery.
13.2 Shipments are delivered to the Recipient's address. There is no obligation to deliver a Shipment to the Recipient personally. Globe - X and/or its Agents may deliver to someone other than the person named on the Air Waybill. Shipment addresses should always include the complete address of the Recipient and its telephone or fax number. (Shipments cannot be delivered to P.O. Boxes).
13.3 Globe - X and/or its Agents shall not be liable in any circumstances for any claim, which relates to seizure or detention of goods in the course of transit by customs or other government authorities.
13.4 Shipments to hotels, government offices or installations, university campuses or other facilities which have a mail room or central receiving area may be delivered to the mail room or central receiving area.
13.5 The Globe - X and/or its Agents Europe First service option for an early morning delivery, if available, is subject to an additional delivery fee (the "Globe - X and/or its Agents Europe First Delivery Fee").
14. REDELIVERY SERVICE
14.1 Redelivery service will be provided at no additional charge. A notice of attempted delivery will be left at the Recipient's address after each attempted delivery, indicating date and time of the presentation. Any Shipment which cannot be delivered after three (3) attempted deliveries will be returned to the nearest Globe - X and/or its Agents facility and an attempt made to notify the Recipient. In the case of deliveries to a private address ("Residential Deliveries"), only one re-attempt will be made after the initial attempted delivery.
14.2 If the Shipment has not been delivered after three (3) attempted deliveries (two (2) in case of a "Residential Delivery") or after being held for five (5) Business Days from the date the Shipment is received and has cleared customs in a destination station, it will be considered undeliverable (See Section 16: UNDELIVERABLE SHIPMENTS).
15. UNDELIVERABLE SHIPMENTS
15.1 A Shipment is considered as undeliverable if (i) the Recipient's address is incomplete, illegible, incorrect or cannot be located, (ii) delivery is impossible because of the unavailability or refusal of an appropriate person to accept delivery or sign for delivery of the Shipment on the initial delivery attempt or reattempts, (iii) the Shipment is unable to clear Customs, (iv) the Shipment would likely cause damage or delay to other Shipments or goods, or injury to persons, (v) the Shipment contains prohibited items, (vi) the Recipient is unable or refuses to pay for a Bill Recipient Shipment, or (vii) the Shipment's contents or packaging are damaged to the extent that re-wrapping is not possible.
15.2. If a Shipment is undeliverable for any reason, Globe - X and/or its Agents may attempt to notify the Sender to arrange for the return of the Shipment, without prejudice to any local regulatory constraints. If the Sender cannot be contacted within five (5) Business Days or fails to give instructions within a reasonable period of time as determined by Globe - X and/or its Agents, Globe - X and/or its Agents at its sole option, may return the Shipment to the Sender, place the Shipment in a general order warehouse or Customs-bonded warehouse or dispose of the Shipment. The Sender will be liable for any and all costs, Charges and fees incurred in returning, storing or disposing of an undeliverable Shipment, unless the Shipment was undeliverable due to the fault of Globe - X and/or its Agents. For returned Shipments containing dangerous goods, the Sender must supply a completed return Air Waybill and all other required documents.
15.3. Return Charges will be assessed to the Sender together with the original Charges, unless the Shipment was undeliverable due to the fault of Globe - X and/or its Agents. Also included will be any other Charges incurred by Globe - X and/or its Agents including but not limited to duties, taxes and storage fees, if applicable.
16. DECLARED VALUE AND LIMITS OF LIABILITY
16.1 Unless the Sender enters a higher Declared Value for Carriage on the Air Waybill, the liability of Globe - X and/or its Agents is limited to the higher of a) the amount provided by the applicable international treaty or b) twenty-two (22) Euro per kilo. The Declared Value for Carriage cannot exceed the Declared Value for Customs.
16.2 Globe - X and/or its Agents does not provide cargo liability or all-risk insurance but the Sender may pay an additional charge for Declared Value for Carriage above the limits referred to in Section 18.1 above. The Sender should refer to the Globe - X and/or its Agents rate sheets in effect at the time of shipment or call Globe - X and/or its Agents for an explanation of the additional charge. The Declared Value for Carriage of any Package represents Globe - X and/or its Agent's maximum liability in connection with a shipment of that Package, including but not limited to, any loss, damage, delay, misdelivery, any failure to provide information, or mis-delivery of information relating to the Shipment. Exposure to and risk of any loss in excess of the Declared Value for Carriage is assumed by the Sender. Customers are advised to contact their insurance agent or broker for insurance coverage. EVEN IF A HIGHER VALUE IS DECLARED, THE LIABILITY OF GLOBE - X AND/OR ITS AGENTS FOR LOSS OF OR DAMAGE TO THE CONTENTS OF A SHIPMENT WILL NOT BE MORE THAN THE ACTUAL VALUE OF THE CONTENTS OF THE SHIPMENT AND GLOBE - X AND/OR ITS AGENTS SHALL BE ENTITLED TO REQUIRE INDEPENDENT PROOF OF THE VALUE OF THE CONTENTS OF A SHIPMENT FOR WHICH A CLAIM IS MADE.
16.3 The maximum Declared Value for Customs and Carriage is limited and may vary per location. The maximum Declared Value for Customs and Carriage for the contents of a Globe - X and/or its Agents Envelope or Globe - X and/or its Agents Pak, regardless of destination, is US$ 100 per Shipment or US$ 9.07 per pound, whichever is greater. Goods with a value (actual or declared) exceeding these amounts, should NOT be shipped in a Globe - X and/or its Agents Envelope or Globe - X and/or its Agents Pak. The Sender should refer to the Globe - X and/or its Agents rate sheets in effect at the time of shipment or call Globe - X and/or its Agents for an explanation of the declared value limits.
16.4 For Shipments containing the following items of extraordinary value the Declared Value for Carriage is also limited and depends on the contents and destination of the Shipment:
- Artwork, including any work created or developed by the application of skill, taste or creative talent for sale, display or collection. This includes without limitation, items such as paintings, drawings, vases, tapestries, limited-edition prints, fine art, statues, sculptures, collector's items, customized or personalized musical instruments or similar items.
- Antiques or collectable items, or any commodity that exhibits the style or fashion of a past era and whose history, age or rarity contributes to its value. These items include but are not limited to, furniture, tableware, porcelains, ceramics and glassware. Collectable items may be contemporaneous or relating to a past era.
- Film, photographic images, including photographic negatives, photographic chromes and photographic slides.
- Any commodity that by its inherent nature is particularly susceptible to damage, or the market value of which is particularly variable or difficult to ascertain.
- Jewellery, including but not limited to, costume jewellery, watches and their parts, mount gems or stones (precious or semiprecious, cut or uncut), industrial diamonds and jewellery made of precious metal.
- Precious metals, including but not limited to, gold and silver, silver bullion or dust, precipitates or platinum (except as an integral part of electronic machinery).
- Furs, including, but not limited to, fur clothing, fur-trimmed clothing and fur pelts.
The Sender should refer to the Globe - X and/or its Agents rate sheets in effect at the time of shipment or call Globe - X and/or its Agents for an explanation of the declared value limits.
Import of some of the items listed above may be prohibited by certain countries.
16.5 When the Sender has not specified the Declared Value for Carriage of each Package on the Air Waybill but has specified a total declared value for all Packages, the declared value for each Package will be determined by dividing the total declared value by the number of Packages on the Air Waybill unless the Sender produces evidence supporting a different allocation. In no event may the declared value of any Package in a Shipment exceed the declared value of the Shipment.
16.6 Globe - X and/or its Agents is not liable for any loss of, damage to, or delay, misdelivery or non-delivery of unacceptable Shipments, including but not limited to cash or currency (See Section 8: ITEMS UNACCEPTABLE FOR CARRIAGE).
16.7 Any declaration of a value in excess of the maximums allowed by Globe - X and/or its Agents is null and void. Globe - X and/or its Agent's inadvertent acceptance for carriage of any Shipment bearing a declared value in excess of the allowed maximums does not constitute a waiver of any provision of or limits within these Conditions as to such Shipment.
16.8 If the Declared Value for Carriage for a Shipment exceeds the authorised limits (see Sections 18.3 and 18.4), such value shall automatically be reduced to the authorized limits for such Shipment.
16.9 Regardless of the declared value of a Package, Globe - X and/or its Agent's liability for loss, damage, delay, misdelivery, non-delivery, misinformation, any failure to provide information, or misdelivery of information, will not exceed the Shipment's repair cost, its depreciated value or its replacement cost, whichever is less.
17. LIABILITIES NOT ASSUMED
17.1 GLOBE - X AND/OR ITS AGENTS WILL NOT BE LIABLE, IN ANY EVENT, FOR ANY DAMAGES WHETHER DIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL IN EXCESS OF THE DECLARED VALUE (AS LIMITED BY SECTION 18) OR THE LIMITATION OF LIABILITY AS SET FORTH IN THE WARSAW CONVENTION AS AMENDED, WHICHEVER IS GREATER, WHETHER OR NOT GLOBE - X AND/OR ITS AGENTS KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES MIGHT BE INCURRED INCLUDING, BUT NOT LIMITED TO, LOSS OF INCOME OR PROFITS.
17.2 GLOBE - X AND/OR ITS AGENTS WILL NOT BE LIABLE IN ANY EVENT FOR CONSEQUENTIAL OR INDIRECT LOSSES OR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME OR PROFITS UNLESS SUCH DAMAGES WERE CAUSED BY ITS WILFUL MISCONDUCT OR GROSS NEGLIGENCE.
17.3 Globe - X and/or its Agents shall not be liable for losses or delays in certain circumstances set forth in Section 19.4. Exposure to and risk of any such loss or delay is assumed by the Sender and the Sender should contact an insurance agent or broker if insurance cover is desired. GLOBE - X AND/OR ITS AGENTS DOES NOT PROVIDE INSURANCE COVER.
17.4 Globe - X and/or its Agents will not be liable for, nor shall any adjustment, refund, or credit of any kind be made as a result of any loss, damage, delay, misdelivery or non-delivery or misinformation including but not limited to any such loss, damage, delay, misdelivery, non-delivery or misinformation caused by or resulting from:
a) the act, default, or omission of the Sender, Recipient or any other party with an interest in the Shipment;
b) the nature of the Shipment or any defect, characteristic or inherent vice thereof;
c) the violation of any of the terms and conditions contained on the Air Waybill or these Conditions, tariff or other terms and conditions applicable to the Shipment including, but not limited to, the incorrect declaration of the cargo, the improper or insufficient packing, securing, marking or addressing of Shipments;
d) any events beyond the control of Globe - X and/or its Agents including but not limited to perils of the air, public enemies, public authorities acting with apparent or actual authority, acts or omissions of Customs officials, riots, strikes, or other local disputes, civil commotion, hazards incident to a state of war or weather conditions, or national or local disruptions in air or ground transportation networks, criminal acts of any person(s) or entities including acts of terrorism, strikes or anticipated strikes, natural disasters, disruption or failure of communication and information systems (including, but not limited to, Globe - X and/or its Agents systems), mechanical delay or conditions that present a danger to Globe - X and/or its Agents personnel;
e) the acts or omissions of any person other than Globe - X and/or its Agents compliance with verbal or written delivery instructions from the Sender, Recipient or persons claiming to represent the Sender or Recipient;
f) the loss of or damage to articles packed and sealed in Packages by the Sender, provided that the seal is unbroken at the time of delivery and the Package retains its basic integrity;
g) any delay in delivery or Globe - X and/or its Agent's inability or failure to complete a delivery due to acts or omissions of Customs or other regulatory agencies;
h) delays in delivery caused by adherence to Globe - X and/or its Agents policies regarding the payment of duties and taxes;
i) the inability of Globe - X and/or its Agents to provide a copy of the delivery record or a copy of the signature obtained at delivery;
j) the erasure of data from or the loss or irretrievability of data stored on magnetic tapes, files or other storage media, or erasure or damage of photographic images or soundtracks from exposed film;
k) damage in transit or in handling of fluorescent tubes, neon lighting, neon signs, X-ray tubes, laser tubes and light bulbs or other inherently fragile items.
l) Globe - X and/or its Agent's failure to honour "package orientation" graphics (e.g., "UP"arrows, "THIS END UP" markings).
m) The Sender's failure to ship goods in packaging approved by Globe - X and/or its Agents prior to shipment, where such prior approval is recommended or required.
n) Globe - X and/or its Agent's failure to notify the Sender of any delay, loss or damage or any inaccuracy in such notice.
o) Shipments released without obtaining a signature if a release delivery authorization signed by the Recipient is on file.
p) Globe - X and/or its Agent's failure or inability to attempt to contact the Sender or Recipient concerning incomplete or inaccurate address, incorrect or incomplete documentation, non-payment of duties and taxes necessary to release a Shipment, or incomplete or incorrect custom's broker's address.
q) loss of or damage to any Package for which Globe - X and/or its Agents has no record of receipt.
r) Shipment of scale models (including but not limited to, architectural models, doll houses, etc.)
s) damage to briefcases, luggage, garment bags, aluminium cases, plastic cases, or other items whose outer finish might be damaged by adhesive labels, soiling or marking unless placed in an adequate, protective container for shipment.
t) damage, delay or loss of any Shipment containing a prohibited item;
u) damage arising from any failure by the Sender to pack the material shipped in a manner adequate to protect it from damage, adequacy being assessed in the reasonable determination of Globe - X and/or its Agents having regard to handling normally to be expected in the hands of a carrier such as Globe - X and/or its Agents.
17.5 Except in case of intentional action of Globe - X and/or its Agents, the Sender shall be liable for any damage caused by the Shipment to Globe - X and/or its Agents or to a third party. The Sender shall guarantee and hold Globe - X and/or its Agents harmless of any claim of a third party, notably the Recipient, for any liability exceeding the liability assumed under these Conditions.
17.6 Any payment made by Globe - X and/or its Agents pursuant to a claim of the Sender or of a third party shall not be deemed to constitute an acceptance of liability.
18. NO WARRANTIES
Save as expressly set out herein Globe - X and/or its Agents make no warranties, express or implied.
19. CLAIMS
19.1 Claims for Damage or Delay
All claims must be notified in writing to Globe - X within 14 calendar days after delivery of the Shipment, failing which no action for damages may be brought against Globe - X and/or its Agents. Receipt of the Shipment by the Recipient without written notice of damage on the delivery receipt is prima facie evidence that the Shipment was delivered in good condition. As a condition for Globe - X and/or its Agents considering any claim for damage the Recipient must make the contents, original shipping cartons and packaging available for inspection by Globe - X and/or its Agents.
Globe - X and/or its Agents reserve the right to inspect damaged Shipments on the customer's premises as well as the right to retrieve the damaged Package for inspection at a Globe - X and/or its Agents facility.
All of the original shipping cartons, packing and contents must be made available for inspection by Globe - X and/or its Agents and retained until the claim is concluded.
19.2 Claims for Loss, Non-delivery or Misdelivery
All claims for loss, non-delivery or misdelivery must be received by Globe - X and/or its Agents in writing within 45 calendar days after the Shipment is accepted by Globe - X and/or its Agents.
Globe - X and/or its Agents will only accept claims filed by the Sender unless the Sender provides written permission to accept the claim by the Recipient.
19.3 Filing a Claim and Time Limitation
Within 21 days after notification to Globe - X and/or its Agents of the claim, it must be documented by sending all relevant information about it to Globe - X and/or its Agents. Globe - X and/or its Agents are not obligated to act on any claim until all Charges have been paid; the claim amount must not be deducted from those charges. The right to damages against Globe - X and/or its Agents shall be extinguished unless a legal action is brought within two (2) years from the date of delivery (in case of damage) or the date the Shipment should have been delivered (in case of loss, non-delivery, misdelivery or delay in delivery).
The agreed date of delivery for purposes of calculating the deadline shall be the day following the date of the Shipment. Statutes of limitation providing for shorter statutory or contractually agreed provisions shall prevail over this provision.
Only one claim can be filed in connection with a Shipment. Acceptance of payment of a claim shall extinguish any right to recover further damages or to claim further compensation in connection with that Shipment.
20. SURCHARGES
Globe - X and/or its Agents reserve the right to assess fuel and other surcharges on Shipments without notice. The duration and amount will be determined at Globe - X and/or its Agent's sole discretion. The Sender, by tendering his Shipment to Globe - X and/or its Agents, agrees to pay the surcharges in force at the later of the time of order or time of collection, such Charges to be determined by Globe - X and/or its Agents at its entire discretion. Details of current surcharges are available upon request.
21. NON-WAIVER
Any failure by Globe - X and/or its Agents to enforce or apply a provision of these Conditions does not constitute a waiver of that provision and does not otherwise impair Globe - X and/or its Agent's right to enforce such provision.
22. MANDATORY LAW
These Conditions shall not exclude any liability where the exclusion of that liability is prohibited by law.
Insofar as any provision contained or referred to in these Conditions may be contrary to any applicable international treaty, local law, government regulations, orders, or requirements, such provision shall be limited to the maximum extent permitted and, as limited, shall remain in effect as part of the agreement between Globe - X and/or its Agents and the Sender. The invalidity or unenforceability of any provision shall not affect any other part of these Conditions.
23. DATA PROTECTION
25.1 Globe - X and/or its Agents warrants that:
a) it shall comply with all mandatory applicable laws, regulations and rules concerning data protection or privacy in relation to personal data processed by it for the performance of a Shipment.
b) it shall maintain appropriate security systems in relation to data held by it to prevent unlawful or unauthorised accessing or use of data and the accidental loss or destruction of, or damage to, such data.
c) it shall only process any personal data to the extent necessary for the performance of the Shipment.
d) the data shall only be held for as long as is reasonably necessary.
23.2 By submitting any personal data to Globe - X and/or its Agents the Shipper consents to Globe - X and/or its Agents using this data for the purposes of Globe - X and/or its Agents (or its agents or subcontractors) performing their obligations under the relevant Air Waybill and the Conditions.
23.3 In relation to any data provided by the Shipper concerning a Consignee or third party in connection with a Shipment, the Shipper warrants that it has complied with applicable data protection laws including obtaining all necessary consents and approvals for the provision of such data to Globe - X and/or its Agents and the processing by Globe - X and/or its Agents of this data for the performance of the Shipment.
23.4 In connection with the performance of the Shipment Globe - X and/or its Agents may use the services of subcontractors or agents and that data shall be transferred to them solely for the performance of their services in connection with such Shipment and in accordance with these Conditions.
23.5 Globe - X is registered in the United Kingdom and has operations located around the world. As a result of the performance of a Shipment personal data concerning Shippers and Consignees will be transferred to the United States and other countries outside of the European Economic Area that may have different levels of protection towards personal data. By submitting the Shipment and by signing the Air Waybill the Shipper consents to the transfer of such personal data to those countries.
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