TERMS AND CONDITIONS OF CARRIAGE AND OTHER SERVICES
TERMS AND CONDITIONS OF CARRIAGE AND OTHER SERVICES SHORT FORM VERSION
1. DEFINITIONS
The following definitions apply to the terms and conditions set out below that govern the contract of carriage and other services between you and us.
"we", "us" and "our" means Sylvek Limited it’s employees, agents and independent contractors;
"you" and "your" means the Client;
"carriage" means and includes the whole of the operations and services undertaken by us in connection with the transportation of the shipment;
"consignment note" means information provided by you in paper or electronic form concerning the shipment;
"other services" means all services not being services for the carriage of shipments that are performed by us, including, but not limited to, storage, sorting, kitting, merging, packing, installation, value added- and transportation management services;
"shipment" means goods or documents of whatever nature which we have accepted for carriage from one address to another or regarding which we have accepted to perform other services, whether under our consignment note or not;
"prohibited items" means any goods or materials the carriage of which is prohibited by any law, rule or regulation of any country in or over which the shipment travels;
2. YOUR ACCEPTANCE OF OUR TERMS AND CONDITIONS
By giving us your shipment you accept our terms and conditions set out in the consignment note and/or the contract of carriage and/or the contract for the performance of other services on behalf of yourself and/or anyone else who has an interest in the shipment or the performance of other services irrespective of whether you have signed the front of our consignment note or not. Our terms and conditions also cover and can be invoked by anyone we use or sub-contract to collect, transport, deliver your shipment or perform other services as well as our employees, directors and agents. Only our authorised officers may agree to a variation of these terms and conditions in writing. When you give us the shipment with oral or written instructions that conflict with our terms and conditions we shall not be bound by such instructions
3. DANGEROUS GOODS & SECURITY
3.1. We do not carry, nor perform other services regarding, goods which are, or are in our sole opinion, dangerous goods including, but not limited to, those specified in the national or international rules applicable to the transport of, or the performance of other services regarding, dangerous goods.
3.2. Shipments carried, or handled, by us may be subject to security screening which could include the use of x-ray, explosive trace detection and other security screening methods and you accept that your shipment may be opened and the contents of your shipment may be examined in transit.
3.3 You declare that you have prepared the shipment for carriage, or for the performance by us of other services, in secure premises using reliable staff employed by you and that the shipment has been safeguarded against unauthorised interference during preparation, storage and transportation immediately prior to acceptance for carriage of the shipment by us or for the performance by us of other services.
3.4 We do not accept shipments that contain prohibited items.
3.5 We may be required to share information, including your personal data for your shipment with the shipment destination country authorities or transit country authorities for customs and / or security reasons.
4. EXPORT CONTROLS
4.1.You assume responsibility for and guarantee compliance with all applicable export controls laws, including but not limited to regulations and rules that prohibit unauthorised trade in military and other strategic goods and services with, as well as financial or commercial dealings with named individuals and entities in countries to, from, through or over which your shipment may be carried, or regulations and rules that impose conditions under which certain technologies, information, and commodities can be transported to, from, through or over any country which your shipment may be carried.
4.2 You agree to identify shipments subject to pre-export regulatory controls, and provide us with information and all necessary documentation to comply with applicable regulations.
4.3. You are responsible at your expense for determining export and import licensing or permitting requirements for a shipment, obtaining any required licenses and permits, and ensuring that the consignee is authorised by the laws of the origin, destination countries and any country(s) asserting jurisdiction over the goods.
4.4 We assume no liability to you or to any other person for your acts of non-compliance with export control laws, sanctions, restrictive measures and embargoes.
5 RIGHT OF INSPECTION
5.1. You agree that we or any governmental authority including customs and security may open and inspect your shipment at any time.
6. CALCULATION OF TRANSIT TIMES AND ROUTING OF SHIPMENTS
Weekend days, public holidays, bank holidays, delays caused by customs, delays attributable to compliance with mandatory local security requirements or other events beyond our control are not included when we quote door to door delivery times in our published literature. The route and the method by which we transport your shipment shall be at our sole discretion.
8. CUSTOMS CLEARANCE
8.1. You appoint us as your agent solely for the purpose of clearing and entering the shipment through customs. If we subcontract this work, you certify that we are the consignee for the purpose of designating a customs broker to perform customs clearances and entries. If any customs authority requires additional documentation for the purpose of confirming the import/export declaration or our customs clearance status it is your responsibility to provide the required documentation at your expense.
8.2. You certify that all statements and information you provide relating to the exportation and importation of the shipment will be true and correct. You acknowledge that in the event that you make untrue or fraudulent statements about the shipment or any of its contents you risk a civil claim and/or criminal prosecution the penalties for which include forfeiture and sale of your shipment. To the extent that we may voluntarily assist you in completing the required customs and other formalities such assistance will be rendered at your sole risk. You agree to indemnify us and hold us harmless from any claims that may be brought against us arising from the information you provide to us and any costs we will incur regarding this, and pay any administration fee we may charge you for providing the services described in this condition.
8.3. Any customs duties, taxes (including but not limited to VAT if applicable), penalties, storage charges or other expenses we incur as a result of the actions of customs or other governmental authorities or your failure and/or the receiver's failure to provide proper documentation and/or to obtain the required licence or permit will be charged to you or the receiver of the shipment. In the event that we decide to charge the receiver and the receiver refuses to pay the incurred charges you agree to pay them to us together with our fee for the administration involved as well as any extra costs we will incur. Upon our first request you will provide a proper guarantee for any of the duties, taxes, penalties, storage charges or any other expenses set out in this condition.
8.4. We will endeavour to expedite all customs clearance formalities for your shipment but are not liable for any delays, losses or damage caused by interference from customs officers or other governmental authorities.
9. INCORRECT ADDRESS
9.1. If we are unable to deliver a shipment because of an incorrect address we will make all reasonable efforts to find the correct address. We will notify you of the correction and deliver or attempt to deliver the shipment to the correct address although additional charges may apply.
10. DELIVERY OF YOUR SHIPMENT
10.1. Where we are unable to complete the delivery of a shipment for whatever reason we will try to leave a notice stating that delivery has been attempted and the whereabouts of the shipment. You agree to pay us any costs we incur in forwarding, disposing of or returning the shipment and our charges (if any).
Special Delivery Instructions
11.2. You or the receiver of a shipment may give special instructions to us (by means of a SYLVEK LIMITED website or any other medium) to deliver the shipment to another location/person or the receiver may indicate its wish to collect the shipment from a location approved by us. Where you request and we agree to enable this special delivery instructions service, the following provisions shall apply:
11.2.1. Our furnishing of any delivery receipt upon which is listed the alternative person and/or delivery location shall constitute proof of delivery of the shipment;
11.2.2. We shall not be liable for any loss or damage in any way as a result of our performance of special delivery instructions;
11.2.3. You shall indemnify us and hold us harmless from and against all claims, costs, liability and expenses (including reasonable lawyers fees and expenses) arising by reason of loss or damage to any shipments as a result of providing this special delivery instructions service. We also reserve the right to charge you an administration fee for providing this special delivery instructions service.
11.3 Where appropriate we may deliver the shipment to an address close to the delivery address if the receiver of the shipment is not available, at your risk.
12. YOUR OBLIGATIONS
You warrant, represent and guarantee to us that:
12.1. The contents of the shipment (including but not limited to weight and number of items) have been properly described on our consignment note, have been correctly labelled and the label or labels have been securely fixed by you in a prominent position on the outer surface of the shipment that can be clearly seen by us;
12.2. The consignee's full address including postcode and contact details have been fully, accurately and legibly entered on our consignment note and on an address label securely fixed by you to a prominent position on the outer surface of the shipment that can be clearly seen by us;
12.3. The contents of the shipment have been prepared and packed safely and carefully by you to protect against the ordinary risks of transport, or the performance by us of other services, including any associated sortation and/or handling process;
12.4. You have declared the correct weight of the shipment and you will provide any special equipment we may need to load or unload the shipment on or off our vehicles;
13. EXCLUSIONS OF LIABILITY
13.1. We will not be liable for any loss of income, loss of profits, loss of markets, loss of reputation, loss of customers, loss of use, loss of an opportunity even if we had knowledge that such damages or loss might arise or for any indirect, incidental, special or consequential damages or loss howsoever arising including without limitation breach of contract, negligence, wilful act or default.
13.2. We are not liable if we do not fulfil any obligations towards you at all as a result of:
14.2.1. Circumstances beyond our control such as (but not limited to):
13.2.4. Our refusal to make any illegal payments on your behalf.
13.3. We are not a common carrier and do not accept any liabilities of a common carrier.
14. VALUABLE GOODS
Valuable goods such as precious stones, precious metals, jewellery, money, negotiable instruments, unprotected furniture, glass or china, objects of art, antiques and important documents that include passports, tenders, share and option certificates should not be sent through our network delivery system because it involves the use of mechanical handling and automated sortation equipment together with multiple transhipments on and off vehicles which could result in loss and/or damage. If you nevertheless send, or cause us to send, such goods through our network delivery system it shall be at your own risk.
15. RATES AND PAYMENT
15.1. You agree to pay our charges (including applicable surcharges) for the carriage of the shipment between the locations specified on the consignment note/contract of carriage, or for the performance by us of other services, and any value added taxes
15.2. You waive all your rights to challenge our invoices if you do not contest our invoice in writing
15.3. Our charges are calculated in accordance with the rates applicable to your shipment as set out in our current rate card or in the relevant contract. Our current rate card is available on request
15.4. We charge for either the actual weight of the shipment or the volumetric weight of the shipment whichever is the higher. We may check the weight and/or volume of and/or the number of items within your shipment and if we find that there is a discrepancy between your declared weight and/or volume and/or number of items you agree that the weight and/or volume and/or the number of items that we determine may be used for the purpose of our calculation.
15.5. As a matter of course all import duties, value added taxes on goods and all other charges levied on the shipment in the destination country shall be payable to us
15.6. The delivery rates shown on our current rate card include provision for simple customs clearance formalities and we reserve the right to charge an extra administration fee where time-consuming excessive customs clearance work is needed to enable us to deliver your shipment to the receiver. Additional charges may therefore be applied in some countries for complex customs clearance activities and these include but are not limited to shipments that require:
15.7.1. Formal customs entries involving more than three different commodities;
15.7.2. Customs bonds or the need to deliver goods under a customs bond;
15.7.3. Temporary import facilities;
15.7.4. Clearances involving a government department other than the customs authority.
We may in some countries make advance payments of import duty, taxes, penalties or have to post bond on behalf of the importer and where this additional service is provided a local administration fee will be charged to the receiver and you will be liable for this charge if the receiver does not pay us.
15.8 Our invoices must be paid in the currency stated in the invoice or otherwise in a local currency against exchange rates provided by us.
15.9 You shall be liable for the payment of all duties, taxes and charges including stamp duties as applicable on the carriage and other services as well as on all documents including the consignment note.
16. YOUR INDEMNITY IN RESPECT OF EMPLOYEES
16.1. You agree to indemnify us against and keep us harmless from all costs, claims, liabilities and demands of any nature arising directly or indirectly from the redundancy selective re-employment or transfer of any of:
16.1.1. Our employees assigned or primarily dedicated to the services we provide to you; or
16.1.2. Employee or former employee of yours; or
16.1.3. Any supplier or former supplier to you; or
16.1.4. Any third party
TERMS AND CONDITIONS OF CARRIAGE AND OTHER SERVICES SHORT FORM VERSION
1. DEFINITIONS
The following definitions apply to the terms and conditions set out below that govern the contract of carriage and other services between you and us.
"we", "us" and "our" means Sylvek Limited it’s employees, agents and independent contractors;
"you" and "your" means the Client;
"carriage" means and includes the whole of the operations and services undertaken by us in connection with the transportation of the shipment;
"consignment note" means information provided by you in paper or electronic form concerning the shipment;
"other services" means all services not being services for the carriage of shipments that are performed by us, including, but not limited to, storage, sorting, kitting, merging, packing, installation, value added- and transportation management services;
"shipment" means goods or documents of whatever nature which we have accepted for carriage from one address to another or regarding which we have accepted to perform other services, whether under our consignment note or not;
"prohibited items" means any goods or materials the carriage of which is prohibited by any law, rule or regulation of any country in or over which the shipment travels;
2. YOUR ACCEPTANCE OF OUR TERMS AND CONDITIONS
By giving us your shipment you accept our terms and conditions set out in the consignment note and/or the contract of carriage and/or the contract for the performance of other services on behalf of yourself and/or anyone else who has an interest in the shipment or the performance of other services irrespective of whether you have signed the front of our consignment note or not. Our terms and conditions also cover and can be invoked by anyone we use or sub-contract to collect, transport, deliver your shipment or perform other services as well as our employees, directors and agents. Only our authorised officers may agree to a variation of these terms and conditions in writing. When you give us the shipment with oral or written instructions that conflict with our terms and conditions we shall not be bound by such instructions
3. DANGEROUS GOODS & SECURITY
3.1. We do not carry, nor perform other services regarding, goods which are, or are in our sole opinion, dangerous goods including, but not limited to, those specified in the national or international rules applicable to the transport of, or the performance of other services regarding, dangerous goods.
3.2. Shipments carried, or handled, by us may be subject to security screening which could include the use of x-ray, explosive trace detection and other security screening methods and you accept that your shipment may be opened and the contents of your shipment may be examined in transit.
3.3 You declare that you have prepared the shipment for carriage, or for the performance by us of other services, in secure premises using reliable staff employed by you and that the shipment has been safeguarded against unauthorised interference during preparation, storage and transportation immediately prior to acceptance for carriage of the shipment by us or for the performance by us of other services.
3.4 We do not accept shipments that contain prohibited items.
3.5 We may be required to share information, including your personal data for your shipment with the shipment destination country authorities or transit country authorities for customs and / or security reasons.
4. EXPORT CONTROLS
4.1.You assume responsibility for and guarantee compliance with all applicable export controls laws, including but not limited to regulations and rules that prohibit unauthorised trade in military and other strategic goods and services with, as well as financial or commercial dealings with named individuals and entities in countries to, from, through or over which your shipment may be carried, or regulations and rules that impose conditions under which certain technologies, information, and commodities can be transported to, from, through or over any country which your shipment may be carried.
4.2 You agree to identify shipments subject to pre-export regulatory controls, and provide us with information and all necessary documentation to comply with applicable regulations.
4.3. You are responsible at your expense for determining export and import licensing or permitting requirements for a shipment, obtaining any required licenses and permits, and ensuring that the consignee is authorised by the laws of the origin, destination countries and any country(s) asserting jurisdiction over the goods.
4.4 We assume no liability to you or to any other person for your acts of non-compliance with export control laws, sanctions, restrictive measures and embargoes.
5 RIGHT OF INSPECTION
5.1. You agree that we or any governmental authority including customs and security may open and inspect your shipment at any time.
6. CALCULATION OF TRANSIT TIMES AND ROUTING OF SHIPMENTS
Weekend days, public holidays, bank holidays, delays caused by customs, delays attributable to compliance with mandatory local security requirements or other events beyond our control are not included when we quote door to door delivery times in our published literature. The route and the method by which we transport your shipment shall be at our sole discretion.
8. CUSTOMS CLEARANCE
8.1. You appoint us as your agent solely for the purpose of clearing and entering the shipment through customs. If we subcontract this work, you certify that we are the consignee for the purpose of designating a customs broker to perform customs clearances and entries. If any customs authority requires additional documentation for the purpose of confirming the import/export declaration or our customs clearance status it is your responsibility to provide the required documentation at your expense.
8.2. You certify that all statements and information you provide relating to the exportation and importation of the shipment will be true and correct. You acknowledge that in the event that you make untrue or fraudulent statements about the shipment or any of its contents you risk a civil claim and/or criminal prosecution the penalties for which include forfeiture and sale of your shipment. To the extent that we may voluntarily assist you in completing the required customs and other formalities such assistance will be rendered at your sole risk. You agree to indemnify us and hold us harmless from any claims that may be brought against us arising from the information you provide to us and any costs we will incur regarding this, and pay any administration fee we may charge you for providing the services described in this condition.
8.3. Any customs duties, taxes (including but not limited to VAT if applicable), penalties, storage charges or other expenses we incur as a result of the actions of customs or other governmental authorities or your failure and/or the receiver's failure to provide proper documentation and/or to obtain the required licence or permit will be charged to you or the receiver of the shipment. In the event that we decide to charge the receiver and the receiver refuses to pay the incurred charges you agree to pay them to us together with our fee for the administration involved as well as any extra costs we will incur. Upon our first request you will provide a proper guarantee for any of the duties, taxes, penalties, storage charges or any other expenses set out in this condition.
8.4. We will endeavour to expedite all customs clearance formalities for your shipment but are not liable for any delays, losses or damage caused by interference from customs officers or other governmental authorities.
9. INCORRECT ADDRESS
9.1. If we are unable to deliver a shipment because of an incorrect address we will make all reasonable efforts to find the correct address. We will notify you of the correction and deliver or attempt to deliver the shipment to the correct address although additional charges may apply.
10. DELIVERY OF YOUR SHIPMENT
10.1. Where we are unable to complete the delivery of a shipment for whatever reason we will try to leave a notice stating that delivery has been attempted and the whereabouts of the shipment. You agree to pay us any costs we incur in forwarding, disposing of or returning the shipment and our charges (if any).
Special Delivery Instructions
11.2. You or the receiver of a shipment may give special instructions to us (by means of a SYLVEK LIMITED website or any other medium) to deliver the shipment to another location/person or the receiver may indicate its wish to collect the shipment from a location approved by us. Where you request and we agree to enable this special delivery instructions service, the following provisions shall apply:
11.2.1. Our furnishing of any delivery receipt upon which is listed the alternative person and/or delivery location shall constitute proof of delivery of the shipment;
11.2.2. We shall not be liable for any loss or damage in any way as a result of our performance of special delivery instructions;
11.2.3. You shall indemnify us and hold us harmless from and against all claims, costs, liability and expenses (including reasonable lawyers fees and expenses) arising by reason of loss or damage to any shipments as a result of providing this special delivery instructions service. We also reserve the right to charge you an administration fee for providing this special delivery instructions service.
11.3 Where appropriate we may deliver the shipment to an address close to the delivery address if the receiver of the shipment is not available, at your risk.
12. YOUR OBLIGATIONS
You warrant, represent and guarantee to us that:
12.1. The contents of the shipment (including but not limited to weight and number of items) have been properly described on our consignment note, have been correctly labelled and the label or labels have been securely fixed by you in a prominent position on the outer surface of the shipment that can be clearly seen by us;
12.2. The consignee's full address including postcode and contact details have been fully, accurately and legibly entered on our consignment note and on an address label securely fixed by you to a prominent position on the outer surface of the shipment that can be clearly seen by us;
12.3. The contents of the shipment have been prepared and packed safely and carefully by you to protect against the ordinary risks of transport, or the performance by us of other services, including any associated sortation and/or handling process;
12.4. You have declared the correct weight of the shipment and you will provide any special equipment we may need to load or unload the shipment on or off our vehicles;
13. EXCLUSIONS OF LIABILITY
13.1. We will not be liable for any loss of income, loss of profits, loss of markets, loss of reputation, loss of customers, loss of use, loss of an opportunity even if we had knowledge that such damages or loss might arise or for any indirect, incidental, special or consequential damages or loss howsoever arising including without limitation breach of contract, negligence, wilful act or default.
13.2. We are not liable if we do not fulfil any obligations towards you at all as a result of:
14.2.1. Circumstances beyond our control such as (but not limited to):
- Acts of god including earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost;
- Force majeure including (but not limited to) war, accidents, acts of public enemies, strikes, embargoes, perils of the air, local disputes or civil commotions;
- National or local disruptions in air or ground transportation networks and mechanical problems to modes of transport or machinery;
- Latent defects or inherent vice in the contents of the shipment;
criminal acts of third parties such as theft and arson.
- you being in breach of (or any other party claiming an interest in the shipment causing you to breach) your obligations under these terms and conditions and in particular those warranties set out in Clause 12;
- an act or omission of any customs, security, airline, airport or government official.
13.2.4. Our refusal to make any illegal payments on your behalf.
13.3. We are not a common carrier and do not accept any liabilities of a common carrier.
14. VALUABLE GOODS
Valuable goods such as precious stones, precious metals, jewellery, money, negotiable instruments, unprotected furniture, glass or china, objects of art, antiques and important documents that include passports, tenders, share and option certificates should not be sent through our network delivery system because it involves the use of mechanical handling and automated sortation equipment together with multiple transhipments on and off vehicles which could result in loss and/or damage. If you nevertheless send, or cause us to send, such goods through our network delivery system it shall be at your own risk.
15. RATES AND PAYMENT
15.1. You agree to pay our charges (including applicable surcharges) for the carriage of the shipment between the locations specified on the consignment note/contract of carriage, or for the performance by us of other services, and any value added taxes
15.2. You waive all your rights to challenge our invoices if you do not contest our invoice in writing
15.3. Our charges are calculated in accordance with the rates applicable to your shipment as set out in our current rate card or in the relevant contract. Our current rate card is available on request
15.4. We charge for either the actual weight of the shipment or the volumetric weight of the shipment whichever is the higher. We may check the weight and/or volume of and/or the number of items within your shipment and if we find that there is a discrepancy between your declared weight and/or volume and/or number of items you agree that the weight and/or volume and/or the number of items that we determine may be used for the purpose of our calculation.
15.5. As a matter of course all import duties, value added taxes on goods and all other charges levied on the shipment in the destination country shall be payable to us
15.6. The delivery rates shown on our current rate card include provision for simple customs clearance formalities and we reserve the right to charge an extra administration fee where time-consuming excessive customs clearance work is needed to enable us to deliver your shipment to the receiver. Additional charges may therefore be applied in some countries for complex customs clearance activities and these include but are not limited to shipments that require:
15.7.1. Formal customs entries involving more than three different commodities;
15.7.2. Customs bonds or the need to deliver goods under a customs bond;
15.7.3. Temporary import facilities;
15.7.4. Clearances involving a government department other than the customs authority.
We may in some countries make advance payments of import duty, taxes, penalties or have to post bond on behalf of the importer and where this additional service is provided a local administration fee will be charged to the receiver and you will be liable for this charge if the receiver does not pay us.
15.8 Our invoices must be paid in the currency stated in the invoice or otherwise in a local currency against exchange rates provided by us.
15.9 You shall be liable for the payment of all duties, taxes and charges including stamp duties as applicable on the carriage and other services as well as on all documents including the consignment note.
16. YOUR INDEMNITY IN RESPECT OF EMPLOYEES
16.1. You agree to indemnify us against and keep us harmless from all costs, claims, liabilities and demands of any nature arising directly or indirectly from the redundancy selective re-employment or transfer of any of:
16.1.1. Our employees assigned or primarily dedicated to the services we provide to you; or
16.1.2. Employee or former employee of yours; or
16.1.3. Any supplier or former supplier to you; or
16.1.4. Any third party