These general conditions of trading (hereinafter referred to as “general conditions”) govern the express transport services rendered by DocuLink Express (hereinafter “DLE”). By availing him/herself of one of these services, the shipper declares to accept these general conditions without reservation; said general conditions shall prevail over any divergent conditions of the shipper. These general conditions shall not be amended by any agent or officers of DLE or by the shipper at any time.
Section 1 – HOUSE AIRWAY BILL (hereinafter “HAWB)
The shipper declares that the HAWB was completed by him/herself or by DLE in accordance with his/her instructions. Any HAWB generated in not negotiable. The shipper guarantees that he is the owner of the contents of any shipment entrusted to DLE or he/she is duly empowered to act on behalf of said owner. The shipper declares he/she consequently accepts these general conditions in their capacity as owner or on behalf of the latter and of any persons having a right in relation to the contents of the shipment/document in question.
Section 2 – OGBLIGATIONS OF THE SHIPPER & DECLARATION
2.1 The shipper guarantees that:
2.1.1 The contents of the shipment are as described on the HAWB and that these contents DO NOT belong to a category of shipments which DLE does not carry in pursuant to section 9.
2.1.2 The address of the receiver is complete (including postal codes and telephone numbers) and worded in the language of the country or in English.
2.1.3 The shipment complies with all regulations and laws, particularly those concerning customs, import and export of the country of origin, destination of transit. The shipper shall authorise DLE to complete on his/her behalf all the required documents in order to comply with the relevant regulations and laws. The shipper certifies that all information provided verbally to DLE or mentioned on the HAWB or on any other related documents are said to be accurate and complete. The shipper guarantees that he/she will indemnify DLE of any prejudice caused to all third parties and shall assume all claims, damages and interests, all penalties and expenditures arising from the failure of the shipper to comply with the above mentioned regulations and laws. The shipper declares to discharge DLE of all obligations to carry or to continue carrying the shipment, if it turns out that the contents of the shipment he/she entrusted to him belong to a category that DLE does not carry pursuant to section 9, or that he/she underestimated the value for customs of the contents of the transported shipment or has provided an inaccurate description or an address that is incomplete or inaccurate or not worded in the language prescribe above, whether on purpose or not. In such cases, the shipper shall under no circumstances engage the liability of DLE
2.1.3 - The shipper shall act as a guarantor of DLE, provide for the defence, indemnify him/her from prejudice caused to a third party and shall assume all claims, damages and interests, all penalties, and expenditures in such cases.
2.2 for the cases referred to in this article, the shipper shall bear the total of all costs and expenses incurred for the forwarding of such shipment and the costs and expenses incurred if such shipment should be returned to the shipper or be left on hold.
2.3 To forward entrusted shipments DLE uses all ways and means deemed appropriate, as well as utilising all sub-contractors, agents, brokers, and carriers that are authorised beforehand by the shipper.
2.4 The shipper shall vest DLE with all powers to carry out all formalities related to the export, import and customs handling of shipments in a customs broker capacity if required, or otherwise to have all such formalities carried out by any customs broker commissioned by DLE for this purpose.
Section 3 – INSPECTION OF SHIPMENTS
3.1 DLE or any third party acting in its stead will have the right, but not the obligation, to inspect the nature or the contents of ALL shipments by, but not limited to, opening them. This inspection shall under no circumstances engage the liability of DLE.
3.2 DLE reserves the right to correct any and all errors in the declared weight of every shipment, initially declared by the shipper, and to invoice the shipper accordingly.
Section 4 – LIEN
4.1 DLE shall have rights of lien and of preference on all shipments entrusted to him by way of guarantee for all claims, including transport costs, customs and warehousing duties or other expenses of any nature arising from the act of carriage.
Section 5 – LIMITATION OF LIABILITY
Subject to Section 7, the extend of DLE liability for any loss or damage of any shipment shall be limited to the least of the following three amounts:
5.1 GBP – 80.00.
5.2 The amount of actual loss or damage of the contents suffered.
5.3 the real value of the contents as determined in the reference at the cost of drafting or replacement, reconstitution, reconstruction, repair or resale at the time and place of shipping. Without consideration of the commercial utilisation or interest of the shipper in subject contents.
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