General Terms and Conditions
Please read the following General Terms and Conditions very carefully as they affect your use of the Website and your rights.
1.1 Your use of the Website is subject to these General terms and Conditions together with any more specific terms we may draw your attention to before you purchase products or services from the Website.
1.3 The following definitions apply
A. "Consumer" shall have the meaning as described in section 12 of the Unfair contract Terms Act 1977.
B. "General Terms and Conditions" means these terms and conditions
C. "Specific Terms and Conditions" means the specific terms and conditions tailored to cover any product or service that you may purchase through the Website, and which take priority over these General Terms and Conditions to the extent of any conflict between them.
D. 'Web site" Website" or "Site" means the web site you are browsing when you clicked on a link to these General Terms and Conditions, including all subsidiary pages.
E. "we" or "us" our "ourselves" refers to the organizations whose name is identified to you on the Website. Please note that because these General Terms and Conditions apply to more than one Web Site, references to "We" or "Us" in there General Terms and Conditions means the company, partnership, or other organization that is identified on the home page of the Web Site you were browsing when you were referred to these General Terms and Conditions.
F. "Within 24 hours" or a "24 hour service" means the service will be delivered no more than 1 working day after purchase and submission of all required information. If purchased on a Friday or the day before a UK public holiday, the service will be delivered on the next available working day.
1.4 Information Contained on the Web site
A. While we take all reasonable care to ensure that the information contained on the Website is accurate and up to date, we make no representations, warranties or undertakings about any of the information content or materials provided on the Website (including, without limitations, any as to quality, accuracy, completeness or reliability).
B. All material on the website is provided for information purposes only and does not constitute legal, accounting or other professional advice, and it must therefore not be relied upon as such. You should arrange your own advice from a qualified party before acting in reliance on any of the information, or purchasing any of the products or services, available on or from the Web Site.
1.5 Updates and Changes
A. The Website is being updated and improved on an ongoing basis. We reserve the right to change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that we shall not be liable to you for any such change or removal; and
B. Changes to these General Terms and Conditions or to the Specific Terms and Conditions may be made at any time and your use of the Website, or the purchase of products or services, are subject to any such changes. You agree to check to see if any changes have been made to the General or the relevant Specific terms each time you visit the Website or purchase products or services from it.
1.6 Exclusion of liability to you from the use of the Web Site
A. The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
B. Any and all liability to you that may arise from your access to and use of the Web Site, whether due to negligence, breach of duty or otherwise, is excluded to the maximum extent permitted by law.
C. No warranty is given that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Web Site or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
D. We are not responsible for the content of other Websites that links to the Website, nor are we responsible for the content of any Website to which links are provided from the Website. Links to other sites are provided purely for the convenience and do not imply that we approve of those sites.
E. Nothing in these General Terms and Conditions shall be construed so as to exclude or limit the liability of ourselves for death or personal injury as a result of our negligence or that of its employees or agents.
1.7 Copyright and trademarks (Intellectual Property)
A. The copyright in all materials on the Website, including their design, layout, text, graphics, photographs and the source code and software belong to their owners. Trade marks (whether registered or not) company names and the like are the property of their respective owners.
B. You are licensed to view and temporarily store Website pafes and their content in your browser's temporary cache, and also print out for reference a single comp for non-commercial purposes and off-line review. You may not sell or re-sell anything available from the Website, save to the extent permitted pursuant to any product or service purchased by you from the Web Site where such permission is expressly given or is a necessary attribute of the product or service concerned.
Terms And Conditions of Carriage
1 Skyline Customs, Export and Imports may perform and of the following activities and on shipper's behalf in order to provide it service to a shipper.
A. Complete any document, amend product or service code and pay and duties of taxes required under applicable laws and regulations.
B. To act as shippers forwarding agent for customs and export control purposes as receiver solely for the purpose of designating a custom broker to perform custom clearance and entries.
C. To direct the shipment to receivers import brokers or other address upon request by any person who Zoomex believes in it reasonable opinion to be authorized.
2 Unacceptable Shipment - Shipper agrees that its shipment is acceptable for transportation and is deemed unacceptable if it is classified as hazardous material dangerous good prohibited and restricted articles by IATA (International Air Transport), ICAO (International Civil Aviation Organization), any applicable government department or other relevant organization. No customs declaration is made when required by applicable customs regulation or Skyline decides it cannot transport an item safely or legally (such items include but are not limited to: animals, currencies, bearer forms negotiable instruments, precious metals and stones, fire arms parts, therof an ammunition, human remains, pornography, narcotics drugs).
3 Deliveries and Undeliverable - Shipment cannot be delivered to P. O. boxes or postal codes. Shipments are delivered to the receiver's address given by the (shipper) which in case of mail service shall be deemed to be the first receiving postal service but not necessarily to the named receiver personally. Shipment to address with a central area will be delivered to that area. If receiver refuses delivery or to pay for the delivery, or the shipment is deemed unacceptable, or it has been undervalued for custom purposes, or reciever cannot be identified or located, Skyline shall use reasonable efforts to return the shipments to shippers at shippers cost, failing which the shipment may be released, disposed, or sold by Skyline without incurring any liability whatsoever to shipper or anyone else, with the proceeds applied against service charges and related administrative costs and the balance of the proceeds to be returned to the shipper.
4 Inspections - Skyline has the right to open or inspect a shipment without prior notice to shipper.
5. Shipment Charges and Billing - Skyline shipment charges are calculated according to the higher of the actual or volumetric weight and the shipment may be re-weighed or re-measured by Skyline to confirm this calculation. Shippers shall pay or re-imburse Skyline for all shipment charges, storage charges, duties and taxes owned for services provided by Skyline on shippers or recievers or any third party's behalf and all claims damages, fines and expenses incurred in the shipment is deemed unacceptable for transport as described in section 2.
6 Skyline's Liability - Skyline's contract with the shipper is on the basis that Skyline's liability is strictly limited to direct loss only and to the value of goods percentage limits in this section 6. All other types of loss or damage are excluded (including but not limited to loss profits, imcone, future business) whether such loss or damages special or indirect, interest, and even if the risk of such loss or damage was brought to Skyline's attention before or after the acceptance of the shipment, Skyline's liability in respect of any one shipment transported, without prejudice to section 7 - 11 is limited of its actual cash value and shall not exceed 10% of the value of the goods. Claims are limited to one claim per shipment settlement of which will be the final settlement for all loss or damage in connection therewith. If shipper regards this limit as insufficient it must make a special declaration of value and request insurance as described in clause 8 (shipment insurance) or make its own insurance arrangements, in which shipper assumes all risk for loss or damage.
7 Time Limit for Claims - All claims must be submitted in writing to Skyline within 30 days from the date that Skyline accepted the shipment failing which Skyline shall have no liability whatsoever.
8 Shipment Insurance - Skyline arranges insurance for shippers covering the actual cash value in respect of loss or physical damage to the shipment provided the shipper complete the insurance section on the front of the way bill or request it and pays the applicable premium shipment insurance does not cover indirect loss or damage caused by delays.
9 Delayed Shipment - Skyline will make very reasonable effort to deliver the shipment according to Skyline regular delivery schedule, but these are not guaranteed and do not form part of the contract. Skyline is not liable for any damages or loss caused by delays.
10 Disclaiming - Skyline is not liable for any loss or damage arising out of circumstances beyond Skyline's control, this includes but are not limited to acts of God e.x. earthquakes, cyclones, storm flood, characteristics related to the nature of the shipment, even if known not employed or contracted by Skyline e.x. shipper receiver, third party, customs, or other government officials, industrial action or electrical or magnetic damage to or ensure of electronic or photographic images, data or recording.
11 Warsaw Convention - If the shipment is transported by air and involves an ultimate destination or stop in a country other than that country or departure, the Warsaw Convention (Warsaw) if applicable governs and in most case limit Skyline's liability for loss or damage.
12 Shippers Warranty and Indemnity - Shippers shall indemnify and hold Skyline armless for any loss or damage arising our of shipper's failure to comply with any applicable laws or regulations and for shipper's breach of the following warranties and representation. All information provided by the shipper or it representative are complete and accurate the shipment was prepared in secured premises by shipper's employees. Shipper employed reliable staff to prepare the shipment. Shippers protected the shipment against unauthorized interference during preparation, storage and transportation to Skyline throughout.
The shipement is properly marked and addressed and packed th ensure safe transportation with ordinary care in handling. All applicable customs, import, export, and other laws and regulation have been complied with: and the way bill has been signed by shippers authorized representative and the Terms and Conditions constitiute binding and enforceable obligations of shipper.
13 Routing - Shippers agrees to all routine and diversion, including the possibility that the shipment may be carried via intermediate stopping places.
14 Governing Law - Any dispute arising under or in any way connected in this terms and condition shall be subject for benefit of Skyline to the non exclusive jurisdiction of the court of and government by the law of the country of the origin of the shipment and the shipper irrevocably summit to such jurisdiction unless contrary to applicable law.
15 Air Carriage Notice - If a shipment involves an ultimate destination or stop in any country other than country of departure, the Warsaw convention and any of it subsequent amendments and protocols (Warsaw Convention) may be applicable and govern, and in most cases limit Skyline liability for loss, damages, delay, shortage, mis-delivery, non delivery, min information, or failure to provide information in connection with the shipment. No stopping places are agreed at the tender of shipment and Skyline reserves the right to root the shipment in any way it deems appropriate.
16 Road Transport Notice - Shipment transported partly or solely by road, by their and explicit agreement to do so or not into or form a country that is a party to the convention on the contract for international carriage of goods by road (the CMR) are subject to the items and conditions of the CMR, notwithstanding and other provision referred to in thesis air way bill to the country, except that the higher limitations of liabilities are set forth in these condition shall remain applicable as opposed to those set forth the CMR.
17 Agreement to Term - By giving items to Skyline, the shipper agrees, regardless of whether he or she signed the front of this way bill for himself or as an agreement for and on behalf of any other person having an interest in the shipment, to all terms on this negotiable, Air waybill; no one is authorize to alter or modify the terms of this carriage. The air way bill shall be binding on both Skyline and shipper when the shipments accepted, Skyline may mark the air way bill with as signature of numbers.
When ordering Skyline services you as: shipper: are agreeing on your behalf and of any one else with an interest in the shipment that the terms of condition shall apply from the time that Skyline accept the shipment unless otherwise agreed in writing by an authorized officer of Skyline your statutory right and entitlement under any defined service feature (for which additional payment has been made) are not affected. shipment: means all documents or parcels that travels under one way bill and which may be carried by any means Skyline chooses. Include air, road, or any other carrier airway bill shall include any label produce by Skyline automated system, air way bill, or consignment note and shall incorporate these terms and conditions. Every shipment is transported on the limited liabilities the insurance will be arranged at an additional cost (Please see below for further information):
"Skyline" means any member of the Skyline International Limited.