As a “Shipper” / “Consignee” are agreeing, on “your” behalf and or anyone else having a legal interest in the “Shipment” that the terms and conditions shall apply at all times whenever “bZee” accepts to undertake a shipment for transportation and or any other services on your behalf.
“Shipper” means all or any party who have expressively requested “bZee” for services as per agreement in any form.
“We”, “us” , “Our” or “bZee” means bZee Logistics or its subsidiary, agents, contractors and or Employees.
“You” and or “Your/s” means the company who have contracted “bZee” and or is the owner of the shipment and or any other parties who have legal rights on the shipment.
“Consignment”, “Shipment/s” means any piece of material in any form given to “us” and or accepted by “us” under the service contract or a Airway bill for transportation by any means and or any other services related under a contract or “your” request.
“Carriage” means any service operations conducted by us for transportation of “your” material / goods under a Service Contract.
Application of Terms and Conditions
Against giving us your instruction to pick up and or physical shipment / material, you accept the terms and conditions of carriage. This terms will also cover any contractor or sub contractor that we use in the operations of the services we may perform to execute your request. No instructions in any form given by you to us that conflits with our Terms will be applicable or we would be bound unless and otherwise it has been given to you in written by a authorized person that will be recorded as variation to this Terms.
Scope of this Terms
Mode of transportation ( Air / Road / Sea / Rail / Multimodal etc.)
Adhock request or Quotation Availed
This Terms of Carriage will apply to any services that bZee undertake on your behalf.
Import, Export and Customs Formalities
bZee may execute any of the below activities on behalf of the Shipper / Consignee to provide its services committed.
- Pay Duties or Taxes as applicable under the regulatory laws in any country or origin and or destination
- Represent as a forwarding agent to the goods for customs export / Import clearance
- Hand over shipping documents to a consignee or broker for self clearance who bZee believe in its reasonable opinion to be authorized for this job.
Shipments and Shipping Invoices
Shipper agrees to declare all shipments to its correct Contents, Nature and Value. Shipper agrees to submit a proper shipping invoice and or any other shipping documents needed for any non document shipment to facilitate customs declaration at origins or Customs clearance at destination.
bZee may deem shipment as unacceptable if , but not limited to
- It is found the contents are wrongly declared
- Contains Hidden Dangerous Goods
- Contains Prohibited or restricted articles by IATA, ICAO, ADR or any other applicable government regulatory authorities in origin and or destination.
- Items that cannot be transported safe and legal (Currency , Narcotics, Precious Material etc.
Pick up , Deliveries and Undeliverable
The shipper agrees to provide a proper pick up and delivery address against booking of the shipment. Shipments cannot be delivered to PO Box address. Consignee not willing to accept the shipment at destination will be returned back to the shipper who contracted bZee and all cost of shipping , duties and taxes at origin and destination will have to be paid by the shipper. Shipper is liable for any liabilities and or financial fine imposed at destination or origin for any violations of Customs or country regulatory bodies regulations at origin or destination the goods are transported or imported and bZee will bear no liability to such events.
bZee has the right to open and inspect any shipment at any stage of transportation without prior notice to the shipper/ consignee.
Billing , Invoicing and Payments.
Billing will be done on a per shipment / transaction basis and or as agreed on the Service contract. All Shipment charges will be calculated according to the higher of actual or volumetric weight that will apply. Only exclusions to this are adhock rates agreed for FTL’s / FCL’s and or Charters
Invoicing frequency will be determined and agreed as per the Service contracts, any invoicing query should be bought in the notice of bZee within 7 working days for a resolution, failing which all invoiced amount will be deemed as correct and due for payment by the Shipper/ Consignee.
Shipper shall pay for all charges that may include but not limited to cost of shipping agreed, duties, taxes , demurrages, government approvals and any other expenses incurred in the transportation of the shipment. Payment terms are specified and agreed on the Application / contract are bindings in this contract from the date of Invoicing/ Billing. Non Settlement of Invoices / Payments for may/ will result in termination of any credit facility and or bZee taking lien of the shipment in their possession or in transit or picked up to recover their debts and/ or actions through the civil courts to recover their dues.
It is agreed and understood that bZee contract with Shipper is based and limited to direct losses on shipment and only to a per kilo / Lb limit. Any other losses are excluded (including but not limited to loss of profits, income, interest, future business and any other consequential losses) even if such kind of damages is special , direct or indirect and the of such losses or damages was communicated to bZee before accepting the shipment unless the shipment and or special risk was covered by a insurance policy by us or our insurance agents against your request.
bZee is not liable for any losses , damages or delays due to circumstance out of bZee control, these include but are not limited to , Act of God (Environment, its calamities etc.), Forced Majeure (War, plane crash, embargo, civil unrest etc) or any internal damages caused to the product due to involvement of transportation or third party (customs and or country regulatory bodies) for inspection or industrial actions and or magnetic damages that delete or cause any malfunction in any electronic or electrical equipments or data recordings.
bZee is not liable for any losses incurred due to the contents being prohibited in the country of origin or destination and have been seized / detained or destroyed by government agencies even though we may have accepted it by mistake.
bZee’s liability is limited to as below
Air – US$ 20 / Kg
Road – US$ 10/ Kg
Multi Modal where Air and road is involved it will be considered liability of Air
Multi Modal where Road and Sea is involved it will be considered liability of Sea
Unless proven otherwise. In any case of limited liability in respect of any one shipment transported without prejudice to any section , is limited to the actual cash value and or the above calculation which ever is greater but or shall not exceed US$ 150.
Claims on damaged or lost consignments have to be filed per shipment and a approved settlement will be considered a full and final settlement for all losses or damages connected to that shipment.
In a event the shipper has used bZee agent for Insurance of his goods and a premium of the same paid, the claim will be processed under the Insurance certificated and regulations guiding that policy.
In a event the shipper has arranged for a Third Party insurance of his own , bZee liability will be limited to only providing a incident report and any other reasonable documentations requirement that is needed by the insurance company to process the claim.
In all of the above cases a claim must be submitted in writing to bZee withing 7 Working Days from the date of receipt of the goods by the shipper or the consignee failing which bZee will have no liability whatsoever.
Shipment Insurance By bZee
bZee can facilitate to insure your goods covering the actual full value in respect of losses or damage to the shipment. Shipper will need to indicate his interest and willingness to this while booking the shipment and agree in writing to the contract and premium. The shipment insurance will and does not cover any indirect , consequential losses and or losses caused due to delays.
Delay of Shipments
bZee will make every reasonable effort to ensure that your goods are transported as per the specified timelines and schedules, but this cannot be guaranteed and don not form a part of this contract.
Conventions Governing this Terms
Warsaw Convention – For any goods transported by air and if applicable , governs and in most cases limits bZee liability for loss or damage.
CMR 1956 – For any goods transported by Road and if applicable, governs and in most cases limits bZee liability for loss or damage.
Shipper responsibility and assurance
Shipper shall be responsible and hold bZee harmless for any loss or damages caused due to the shipper failure to comply with any applicable laws or regulations of any countries the shipment is being transported or picked up from and or breach of the below representations
Information of the shipment and contents by shipper is complete and accurate
Security and protection of the goods from unauthorized influences until handed over to the possession of bZee
Shipment properly packed , marked and addressed to make it safe and transportation worthy.
All applicable laws at origin and destination have been checked and complied with
All necessary documents and airway bills have been prepared, signed and stamped by authorized personal who understands the bindings and regulations of the contract
Any disputes arising under this Terms or Carriage or the Terms and Conditions shall be subject to the jurisdiction of the courts of Kuwait regardless the country of Origin of the shipment.