TERMS AND CONDITIONS OF CARRIAGE
When Frankz Global Services (FGS air) services you, as “Shipper”, are agreeing, on your behalf and on behalf of anyone else with an interest in the Shipment, that the Terms and Conditions shall apply from the time that Frankz Global Services (FGS air) accepts the Shipment unless otherwise agreed in writing by an authorised officer of Frankz Global Services (FGS air)
“Shipment” means all documents or parcels that travel under one waybill and which may be carried by any means Frankz Global Services (FGS air) chooses, including air, road or any other carrier. A “waybill” shall include any label produced by Frankz Global Services (FGS air) automated systems, waybill, or consignment note and shall incorporate these Terms and Conditions. Every Shipment is transported on a limited liability basis as provided herein. If Shipper requires greater protection, then insurance may be arranged at an additional cost. (Please see below for further information). “FGS AIR” means any member of the Frankz Global Services (FGS air) Network.
(Please see below for full details of our terms and conditions)
Governing Laws: Any dispute arising under or in any way connected with these Terms and Conditions shall be subject, for the benefit of Frankz Global Services (FGS air), 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.
Shipment Insurance: Frankz Global Services (FGS air) can arrange insurance for Shipper covering the actual cash value in respect of loss of or physical damage to the Shipment, provided the Shipper elects to insure his or her goods. Shipment insurance does not cover indirect loss or damage, or loss or damage caused by delays. This service is optional at shipper’s discretion.
Shipment Charges: Charges are calculated according to actual or volume weight and any Shipment may be re-weighed and re-measured by Frankz Global Services (FGS air) to confirm this calculation. Shipper shall pay or reimburse Frankz Global Services (FGS air) for all Shipment charges, ancillary charges, duties and taxes owed for services provided by Frankz Global Services (FGS air) or incurred by Frankz Global Services (FGS air) on behalf of Shipper or recipient or any third party; and all claims, damages, fines and expenses incurred if the Shipment is deemed unacceptable for transport.
Frankz Global Services (FGS air)’s liability: Frankz Global Services (FGS air)’s liability is strictly limited to direct loss and damage only and to the per kilo/Ib limits. 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 Frankz Global Services (FGS air)’s attention before or after acceptance of the shipment. If a shipment combines carriage by air, road or other mode of transport, it shall be deemed to have been carried by air. Frankz Global Services (FGS air)’s liability in respect of any one shipment transported, is limited to its actual cash value and shall not exceed:
- Up to a maximum of $250 per shipment if the original invoice is provided at the time shipment is tendered.
- 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. If shipper regards these limits as insufficient it must make a special declaration of value and request insurance or make its own insurance arrangements, failing which shipper assumes all risks of loss or damage.
Time limit for claims: All claims must be submitted in writing to Frankz Global Services (FGS air) within (7) days from the date of delivery of shipment; failing which Frankz Global Services (FGS air) shall have no liability whatsoever.
Circumstances Beyond Frankz Global Services (FGS air)’s control: Frankz Global Services (FGS air) is not liable for any loss or damage arising out of circumstances beyond Frankz Global Services (FGS air)’s 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 Frankz Global Services (FGS air); any act or omission by a person not employed or contracted by Frankz Global Services (FGS air)- e.g. Shipper, Receiver, third party, customs or other government official; “Force Majeure” – e.g. earthquake, cyclone, storm, flood, fog, war, plane crash or embargo, riot or civil commotion, industrial action.
International Conventions: If the Shipment is transported by air and involves an ultimate destination or stop in a country other than the country of departure, the Montreal Convention, or the Warsaw Convention as applicable, governs. For international road transportation, the Convention for the International Carriage of Goods by Road (CMR) may apply. These conventions limit Frankz Global Services (FGS air)’s liability for loss or damage.
Shipper’s warranties and indemnity: Shipper shall indemnify and hold Frankz Global Services (FGS air) harmless for any loss or damage arising out of Shipper’s failure to comply with any applicable laws or regulations and for Shipper’s breach of the following warranties and representations:
- All information provided by shipper or its representatives is complete and accurate;
- The shipment was prepared in secured premises by shipper’s employees;
- Shipper employed reliable staff to prepare the Shipment;
- Shipper protected the Shipment against unauthorised interference during preparation, storage and transportation to Frankz Global Services (FGS air);
- The Shipment is properly marked and addressed and packed to ensure safe transportation with ordinary care in handling;
- All applicable customs, import, export and other laws and regulations have been complied with; and
- The waybill has been signed by Shipper’s authorised representative and the terms and conditions constitute binding and enforceable obligations of the shipper.
Severability: The invalidity or unenforceability of any provision shall not affect any other part of these terms and conditions