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| CONDITIONS OF CARRIAGE |
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NOTICE
One World Express Inc Limited (referred to as One World in these conditions), its servants and agents will not be liable at all for certain losses and damages and, where they may be, liability is limited. Customers should therefore seek insurance cover appropriate to their needs. |
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| PART 1- GENERAL |
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| 1 |
In these conditions One World shall include One World Express Inc Limited and all its associated and subsidiary companies, their employees appointed agents and sub- contractors. |
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| 2 |
One World undertakes all business subject to the conditions hereinafter set out, each of which shall deemed to be incorporated in and to be a condition of any agreement whether written or implied between One World and the customer. In the absence of any written agreement to the contary these conditions shall constitute the entire agreement between One World and Customer. No agent, employee or representative of One World other than a Director of One World has the authority to alter, modify or waive any provision of these conditions. |
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| 3 |
Definitions
'Goods' means the items listed on the Consignment Note and where the Goods comprise more than one piece, the expression shall, where the context so admits, refer to the whole or any part of them.
‘Prohibited Items’ means and includes all goods and material, the carriage of which is prohibited by any laws, rules and regulations applicable to the carriage, including but not limited to dangerous or hazardous, explosive, combustible, inflammable, toxic, corrosive, or other injurious items; gold, silver or other precious metals or stones; currency, stocks, bonds, uncancelled postage or revenue stamps, travellers cheques and negotiable securities or certificates or other negotiable items; live or dead plants or animals, human remains including human ashes; firearms, parts of firearms, ammunition, maroons, flares and the like; food, liquor, cosmetics, offensive smelling items or items capable of contaminating others by smell or otherwise; fine arts, antiques, pictures; any material which could be considered pornographic, offensive, or politically sensitive in any country in or through which carriage takes place.
Consignment Note
'Customer' means the Sender identified in the Consignment Note.
'Receiver' means the person, firm or company identified in the Consignment Note to whom the Goods are to be delivered.
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| 4 |
One World shall have no liability for any failure to perform their obligation hereunder insofar as that failure arises directly or indirectly from labour disputes or strikes; whether actual or threatened, the refusal or withdrawal of any necessary authorisations or permits required in connection with the carriage of Goods pursuant hereto, the out break of war, hostilities, insurrection, civil commotion or rebellion, grounding of aircraft, unusually severe weather, Acts of God or Queen's enemies, or (without limit by reference to the foregoing) and circumstances outside One World's reasonable control. |
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| 5 |
One World may arrange for any part of the carriage to be carried out by any sub- contractor, agent, licensee, carrier or any person, firm or company. |
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| 6 |
One World will not carry prohibited items without the prior agreement in writing of one of its Directors |
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| 7 |
If any clause or part thereof in these conditions shall be found to be unreasonable or unenforceable, the validity of the remainder shall not be affected. |
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| PART II - ONE WORLD |
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| 8 |
Subject to these conditions One World will deliver the Goods to the Receiver named in the Consignment Note at the address given in the Consignment Note with all reasonable despatch and in accordance with One World's published timetables, where applicable. |
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| 9 |
One World is not a common carrier and will only carry Goods subject to these conditions. One World reserves the right at its discretion to refuse or abandon the transportation of any Goods and to notify the Customer of additions or alterations to the prohibited items. |
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| 10 |
The choice of means, route, and method of carriage shall be at the sole discretion of One World. |
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| 11 |
One World is responsible for the Goods whilst they are within its custody or control and shall be liable, subject to these conditions for loss sustained by the Customer due to damage to or loss of the Goods whilst in One World's custody or control. Except as aforesaid, One World shall be under no liability in respect of the Goods carried by it and shall not be liable for any other loss, whether consequential or otherwise, however this arises, and it is hereby agreed between the parties that consequential loss shall be deemed to include (without restriction) commercial, financial or other direct loss. Whilst One World will endeavour to deliver the Goods in accordance with its published timetables or other agreed delivery date it will not accept liability for any loss suffered as a result of delay in or non -performance of the carriage. |
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| 12 |
One World shall a lien on the Goods for all freight charges, customs duties, or charges of any kind arising out of the contract of carriage and may
refuse to surrender possession of the Goods until such charges are paid. If the lien is not satisfied within a reasonable time, One World reserves the right to sell the Goods privately or by auction and apply the proceeds in or towards the discharge of the lien and the expenses incurred in the sale. |
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| 13 |
The rates quoted by One World are exclusive of Value Added Tax, Local taxes and customs duties where applicable. All quotations are given on the basis of immediate acceptance and are subject to One World's right of withdrawal or revision with or without notice. Charges are calculated by reference to the higher gross or volumetric weight of the goods and the relevant rate. Details of the rate and the method of calculation of volumetric weight be supplied on request. |
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| 14 |
One World reserves the right to inspect the Goods by X-ray, hand searching or otherwise to check that all such items are capable of carriage to the country of destination within the standard operating procedures, customs declarations, and handling methods of One World but will not be liable for any damage caused by such inspection by X-ray or for any damage caused by any other inspection carried out with reasonable care. One World does not however warrant that any particular item to be carried is capable of carriage without infringing the law of any country or state from, to or through which the item may be carried. |
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| PART III - THE CUSTOMER |
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| 15 |
The customer warrants to One World that the description of the Goods as shown on the Consignment Note conforms accurately to the contents of
the Goods. The Customer shall indemnify One World for all claims, damages and expenses arising as a result of any incorrect description and One
World shall thereupon have the right to deal with such items as it sees fit, including the right to abandon carriage of the same, immediately upon One World being aware that such items infringe these conditions. |
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| 16 |
The Customer warrants that he is authorised to accept these conditions not only on behalf of himself but also as agent for or on behalf of all other
persons who are or may thereafter become interested in the Goods. The Customer hereby undertakes to indemnify One World against any damages,
cost and expenses resulting from any breach of this warranty. |
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| 17 |
The Customer must ensure that the goods are prepared and packed sufficiently to ensure safe transportation with ordinary care in handling. One World shall not be liable for any loss or damage resulting from inadequate packing by the Customer. Any article susceptible to damage as a result of any condition which may be encountered in transportation, collection or delivery must be adequately protected by the customer by proper packaging. |
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| 18 |
The Goods must be marked by the Customer legibly and durably with the full name and address of the Customer and the Receiver. No responsibility will be accepted by One World for inadequate information which may result in a delayed deliver. |
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| 19 |
One World will use all reasonable care to affect customs clearance where appropriate, but will not be liable for, and the Customer will indemnify One World in respect of, any penalties imposed or loss incurred due to goods being impounded by customs or similar authorities. |
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| 20 |
It is hereby acknowledge by the Customer that he has been given an opportunity to make a declaration of the value of the goods prior to shipment and that sum entered on the Consignment Note as 'Declared Value' constitutes such declaration. In the case of any carriage, other than the Express Parcel Courier service, One World's liability, howsoever arising, for damage to or loss of the Goods or any part thereof shall not exceed the lesser of either
(i) The amount of the Declared Value of Goods or
(ii) The value of any part thereof damaged or lost or
(iii) a sum at the rate of 2 special Drawing Rights as defined by the International Monetary Fund (thereinafter referred to as SDRs) per kilo of the gross weight of the goods or any part thereof damaged or lost. if no value is declared on the Consignment Note, One World will not accept any claim. The value of SDRs shall be calculated as at the date when One World receive a claim. In the case of Goods by the Express Parcel Courier service liability is limited to a maximum of 100 US Dollars per consignment.
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| 21 |
Any claim brought against One World hereunder must be notified in writing by the Customer to an Office of One World within fourteen days of the date when the Goods were accepted by One World for carriage. Claims made outside this time will have no validity. |
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| 22 |
In the event that the Customer should consign any prohibited item with One World (whether with or without consent), the Customer shall indemnify One World fro all claims, damages and expenses arising in connection therewith and One World shall have the right to deal with any such item as it see fit which shall include the right to abandon carriage of the same. |
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| 23 |
Payment of carriage of the Goods is due within 28 Days of the date of One world's invoice or on such date as may be agreed and shall be made in
Sterling unless otherwise agreed in writing by One World. A claim by the Customer shall not be made the reason for deferring or withholding payment of any monies payable hereunder to One World. |
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| 24 |
All liability for losses, damages and expenses arising as a result of any failure by the Customer to comply with his obligations hereunder or as a result of his negligence is the responsibility of and will be accepted by the Customer who will indemnify One World in the respect of any liability it may incur as a result of such failure. |
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| PART IV - CONVENTIONS / LAW |
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| 25 |
(i) Where the carriage of Goods by One World is by operation of law also subject to the provisions of the conventions set out below, the terms of the
relevant convention shall apply and shall prevail if and insofar as they inconsistent with any other provisions in these Conditions.
(ii) The convention to which the carriage may be subject are as follows:-
(a) Carriage by air - the Warsaw Convention of 1929 as amended from time to time; and
(b) Carriage by road - the Convention on the contract for the international carriage of goods by Road (CMR) 1956 as amended from time to time; and
(c) Carriage by sea - The International Convention for Unification of certain rules of law relating to bills of lading 1924 as amended by the visby and SDR protocols of 1968 and 1979 respectively or otherwise amended from time to time.
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| 26 |
These conditions and any act or contract to which they apply shall be governed by English law. Any dispute arising out of any such act or contract
shall be within the exclusive jurisdiction of the English Courts. |
