Terms & Conditions - International Cargo

Skylark Express, may perform any of the following activities on Shipper`s behalf in order to provide its services to the Shipper:

• Complete any documents, amend product or service codes, and pay any duties or taxes required under applicable laws and regulations
• Act as the 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
• Redirect the Shipment to the Receiver`s import broker or other address upon request by any person who Skylark Express, believes in its reasonable opinion to be authorised

The Shipper agrees that the Shipment 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) and any applicable government department or other such relevant organisation
• No customs declaration is made when required by applicable customs regulations
• SkylarkExpress, 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 any illegal narcotics/drugs)

Shipments cannot be delivered to PO boxes or Postal codes. Shipments are delivered only to the Receiver`s address given by the Shipper (which in the case of mail services shall be deemed to be the first receiving postal service) but not necessarily to the named Receiver personally. Shipments addressed to a central receiving area will be delivered to that area. If the Receiver refuses delivery or to pay for delivery, or the Shipment is deemed to be unacceptable, or it has been undervalued for customs purposes, if the Receiver is not reasonably identified or located, Skylark Express shall make reasonable efforts to return the Shipment to the Shipper at Shipper`s cost, failing which the Shipment may be released, disposed off or sold by Skylark Express , without incurring any liability whatsoever to Shipper or anyone else, with the proceeds applied towards service charges and other related administrative costs and the balance if any of the proceeds of a sale is to be returned to the Shipper.

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

Skylark Express will levy shipment charges as calculated according to the higher of actual or volumetric weight and any shipment may be re-weighed and re-measured by Skylark Express to confirm to this calculation. The Shipper shall pay or reimburse Skylark Express for all shipment charges, storage charges, duties and incurred taxes for services provided by Skylark Express or incurred by Skylark 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 in Section 2.

Skylark Express contracts with Shipper on the basis that Skylark Express liability is strictly limited to direct loss only and to the per kilo/Ib limits in this Section 6. 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 Skylark 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 modes of transport, it shall be presumed that any loss or damage occurred during the air period of such carriage unless proven otherwise.

Skylark Express liability in respect of any one shipment transported, without prejudice to Sections 7-11, is limited to its actual cash value and shall not exceed the greater of

• $US 100 or equivalent currency of the Origin country



Or

• $US 20.00/kilogram or $US 9.07/lb or equivalent currency of the origin country for shipments transported by Air or other non-road mode of transportation



Or

• $US 10.00/kilogram or $US 4.54/lb or equivalent currency of the origin country for shipments transported by Road (not applicable to the US)

Claims are limited to one claim per shipment settlement 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 as described in Section 8 (Shipment Insurance) or make its own insurance arrangements, failing which the Shipper assumes all risks of loss or damage.

All claims must be submitted in writing to Skylark Express within 15 Days from the Date that Skylark Express accepted the Shipment, failing which Skylark Express shall have no liability whatsoever.

Skylark Express can arrange insurance for the Shipper covering the actual cash value in respect of loss or physical damage to the Shipment, provided the Shipper completes the insurance section on the front of the waybill or Skylark Express and pays the applicable premium. Shipment insurance does not cover indirect loss/damage or loss/damage caused by delays.

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

Skylark Express is not liable for any loss/damage arising out of circumstances beyond Skylark Express's control. These include but are not limited to: ‘Act of God‘ – Examples: Earthquake, Cyclones, Storms, Floods, Fog, Etc.; Force Majeure - Examples: War, Plane Crash Or Embargo; Any defect or characteristic related to the nature of the shipment even if known to Skylark Express, Riot or Civil Commotion; Any Act or Omission by a Person not Employed or Contracted by Skylark Express - Examples: Shipper, Receiver, Third party, Customs or other Government Official; Industrial Action; and Electrical or Magnetic Damage to, or Erasure of, Electronic or Photographic Images, Data or Recordings.

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 Skylark Express liability for loss or damage.

The Shipper shall indemnify and hold Skylark Express 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 the Shipper or its Representatives is complete and accurate
• The Shipment was prepared in secure premises by Shipper`s Employees
• The Shipper employed reliable staff to prepare the shipment
• The Shipper protected the shipment against unauthorized interference during preparation, storage and transportation to Skylark Express
• The shipment is properly marked, addressed and packed to ensure safe transportation with ordinary care and handling
• All applicable customs, import, export and other laws and regulations have been complied with
• The waybill has been signed by the Shipper`s authorized representative and the Terms and Conditions constitute binding and enforceable obligations on the Shipper

The Shipper agrees to all routing and diversion, including the possibility that the shipment may be carried via intermediate stopping places.

Any dispute arising under or in any way connected with these Terms and Conditions shall be subject for the benefit of Skylark Express to the non-exclusive jurisdiction of the courts of and governed by the law of the country of origin of the shipment and the Shipper irrevocably submits to such jurisdictions unless contrary to applicable law.

Since these Terms and Conditions are uniformly applicable to all the countries in the world and are not exhaustive but subject to applicable Laws of the country if origin, additional Terms and Conditions will be applicable to suit the compliance of the Law of the land as applicable.

The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions.