Terms And Conditions

Continental Shipping Express Terms and Conditions

When ordering Continental Shipping Express’s 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 Continental Shipping Express accepts the Shipment unless otherwise agreed in writing by an authorised officer of Continental Shipping Express. Your statutory rights and entitlements under any defined service feature (for which additional payment has been made) are not affected.

“Shipment” means all documents or parcels that travel under one waybill and which may be carried by any means Continental Shipping Express chooses, including air, road or any other carrier. A “waybill” shall include any paper waybill produced by Continental Shipping Express automated systems or via the Internet, airway bill, or consignment note and shall incorporate these Terms and Conditions. Every Shipment is transported on a limited liability basis as provided herein.

Customs, Exports and Imports

Continental Shipping Express may perform any of the following activities on Shipper’s behalf in order to provide its services to Shipper:

1. Complete any documents, amend product or service codes, and pay any duties or taxes required under applicable laws and regulations;

2. Act as Shipper’s forwarding agent for Customs and export control purposes and as Receiver solely for the purpose of designating a Customs broker to perform Customs clearance and entry; and

3. Redirect the Shipment to Receiver’s import broker or other address upon request by any person who Continental Shipping Express believes in its reasonable opinion to be authorised.

Unacceptable Shipments

Shipper agrees that its Shipment is acceptable for transportation and is deemed unacceptable if:

• It is classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organisation), any applicable government department or other relevant organisation;

• No Customs declaration is made when required by applicable Customs regulations; or

• Continental Shipping Express decides it cannot transport an item safely or legally (such items include but are not limited to: animals, bullion, currency, bearer form negotiable instruments, precious metals and stones, firearms, parts thereof and ammunition, human remains, pornography and illegal narcotics/drugs).

Deliveries & Undeliverable Shipments

Shipments cannot be delivered to PO boxes or postal codes. Shipments are delivered to the Receiver’s address given by Shipper but not necessarily to the named Receiver personally. Shipments to addresses with a central receiving area will be delivered to that area.

If Receiver refuses delivery or to pay for delivery, or the Shipment is deemed to be unacceptable, or it has been undervalued for Customs purposes, or Receiver cannot be reasonably identified or located, Continental Shipping Express shall use reasonable efforts to return the Shipment to Shipper at Shipper’s cost, failing which the Shipment may be released, disposed of or sold by Continental Shipping Express 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 of a sale to be returned to Shipper.

Inspection

Continental Shipping Express has the right to open and inspect a Shipment without prior notice to Shipper.

Shipment Charges & Billing

Continental Shipping Express’s Shipment charges are calculated according to the higher of actual or volumetric weight and any Shipment may be re-weighed and re-measured by Continental Shipping Express to confirm this calculation. Shipper shall pay or reimburse Continental Shipping Express for all Shipment charges, storage charges, duties and taxes owed for services provided by Continental Shipping Express or incurred by Continental Shipping Express on Shipper’s or Receiver’s or any third party’s behalf and all claims, damages, fines and expenses incurred if the Shipment is deemed unacceptable for transport as described above.

Continental Shipping Express’s Liability

Continental Shipping Express contracts with Shipper on the basis that Continental Shipping Express’s liability is strictly limited to direct loss only and to the per kilo/lb limits in this Section. 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 Continental Shipping Express’s attention before or after acceptance of the Shipment since special risks can be insured by Shipper.

If a Shipment combines carriage by air, road or other mode of transport, it shall be presumed that any loss or damage occurred during the air period of such carriage unless proven otherwise.

Continental Shipping Express’s liability in respect of any one Shipment transported, without prejudice to other Sections, is limited to its actual cash value and shall not exceed the greater of:

• $US100\ast \ast or\ast \ast$US 20.00/kilogram (or $US 9.07/lb) for Shipments transported by air or other non-road modes; or

• $US10.00/kilogram\ast \ast (or\ast \ast$US 4.54/lb) for Shipments transported by road (not applicable to the US).

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 its own insurance arrangements, failing which Shipper assumes all risks of loss or damage.

Time Limits for Claims

All claims must be submitted in writing to Continental Shipping Express within thirty (30) days from the date that Continental Shipping Express accepted the Shipment, failing which Continental Shipping Express shall have no liability whatsoever.

Shipment Insurance

Transit insurance is not included in shipping rates, but is available on request and at extra cost. Unless full confirmation in writing is received by the shipper prior to despatch, no shipment will be deemed to be insured for transit.

Delayed Shipments

Continental Shipping Express will make every reasonable effort to deliver the Shipment according to Continental Shipping Express’s regular delivery schedules, but these are not guaranteed and do not form part of the contract. Continental Shipping Express is not liable for any damages or loss caused by delays.

Circumstances Beyond Continental Shipping Express’s Control

Continental Shipping Express is not liable for any loss or damage arising out of circumstances beyond its control. These include but are not limited to:

• “Act of God” (e.g., earthquake, cyclone, storm, flood, fog);

• “Force Majeure” (e.g., war, plane crash, embargo);

• Any defect or characteristic related to the nature of the Shipment, even if known to Continental Shipping Express;

• Riot or civil commotion;

• Acts/omissions by third parties (e.g., Shipper, Receiver, Customs officials);

• Industrial action;

• Electrical/magnetic damage to electronic data.

Warsaw Convention

If the Shipment is transported by air and involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention (if applicable) governs and in most cases limits Continental Shipping Express’s liability for loss or damage.

Shipper’s Warranties and Indemnity

Shipper shall indemnify and hold Continental Shipping Express harmless for any loss or damage arising out of Shipper’s failure to comply with applicable laws or regulations and for breaches of the following warranties:

• All provided information is complete and accurate;

• Shipment was prepared in secure premises by reliable staff;

• Shipment was protected against unauthorized interference;

• Properly marked, addressed, and packed for safe transport;

• Compliance with all Customs, import/export laws;

• Waybill signed by an authorized representative.

Routing

Shipper agrees to all routing and diversion, including intermediate stops.

Governing Law

Any dispute shall be subject to the non-exclusive jurisdiction of the courts of the Shipment’s country of origin, governed by its laws.

Severability

The invalidity of any provision does not affect the rest of these Terms.

Refunds

• No refunds after departure (except pre-flight refunds minus admin fees).