GFS Express Terms And Conditions
The shipper or its authorised representative agrees to the GFS standard terms and conditions, either by signing or verbally agreeing to the contract of carriage of Documents and Parcels or freight. The shipper or its agent or its authorized representative is not allowed to alter or modify these terms and conditions.
CONSIGNMENT NOTE
The shipper acknowledges that the Consignment Note has been prepared by shipper or by GFS on behalf of the shipper. The shipper warrants that it is the owner of the goods transported here under, or it is authorised agent of the owner of the goods and that hereby accepts GFS terms and conditions for itself and as agent for and on behalf of any other person having any interest in the shipment. The Consignment Note is NON-NEGOTIABLE.
SHIPPERS OBLIGATIONS AND ACCEPTANCE
The shipper accepts that each article in the shipment is described properly on this Consignment Note and that shipment is properly marked and addressed and packed to ensure safe transportation with normal care in handling.
The shipper hereby agrees that GFS may abandon and/or release any item consigned by the shipper to GFS, which GFS has declared to be unacceptable as misdescribed whether intentionally or otherwise, shipper will indemnify and hold GFS harmless from all claims damages, fines and expenses arising there from. The shipper shall be liable for all costs and expenses related to shipment cost for incurred in either returning the shipment to the shipper or warehousing the shipment pending disposition.
1. Definitions
The following definitions apply to the terms and conditions set out below that governs this contract of carriage between you and us.
"we"," us" and "our" means subsidiaries, affiliates of GFS, or GFS express and the respective employee, agents and independent contractors;
"You" and Your" means the sender, consignor or consignee of the shipment, holder of this consignee note, receiver and owner of the contents of the shipment or any other party having a legal interest in those contents;
"Carriage" means and includes the whole of operations and services undertaken by us in connection with the shipment;
"Shipment" means any envelop, document, package, parcel, satchelor piece of freight given to and accepted by us for carriage and transported under our consignment note, airway bill or bill of lading.
"Prohibited items" means any goods or materials the carriage of which is prohibited by any law, rule or regulation of any country in which the shipment travels.
2.Your contract
Your contract with GFS or subsidiaries or affiliates, of GFS or GFS Express that accepts the shipment from you. You agree that we may subcontract the whole or any part of carriage on any terms and conditions we decide.
3.Your acceptance
By giving us your shipment you accept our terms and conditions set out in this contract of carriage on behalf of yourself or anyone else who has an interest in the shipment, irrespective of whether you have signed the front of our consignment note or not. Our terms and conditions also cover any one who uses to collect, transport or deliver your shipment. None of our employees, agents or subcontractors are authorised to waive, alter or modify these terms and conditions. When you give the shipment with oral or written instructions that are in contrast with our terms and conditions, we shall not be bound by such instructions.
4.Dangerous goods/security
4.1 Dangerous goods??
a) Except in the circumstances shown in paragraph 4.1(b) below we do not carry dangerous goods including those specified in the International Civil Aviation (ICAO) technical instructions, the International Air Transport Association dangerous goods regulations, the International Maritime Dangerous Goods (IMD) code the European Agreement concerning the international carriage of Dangerous Goods by Road (ADR) regulations or any other national or international rules applicable to the transport of dangerous goods.
b) We may at our discretion accept some dangerous goods for carriage in some countries if you have been accorded the status of an approved customer and this must be given to us in writing before your shipment can be accepted. Your dangerous goods will only be accepted if they comply with the applicable regulation (see clause 4.1) and our requirements. Detail of our requirements together with the procedure for applying for approved customer status are available from our office, and for dangerous goods formalities surcharge will be invoice to you upon acceptance of your shipment.
4.2 Air Cargo Security Regulations
a) You must ensure and you hereby certify by completing our consignment note or tendering a shipment to us that your shipment does not contain any prohibited items, perfumes, spray and any kind of batteries or article as specified in ICAO Annex 17 or other national or international regulations that governs aviations security. You must give us a full description of contents of the shipment on our consignment note and your liability is not over by providing this information. Shipment carried by us may be subject to security checks / screening and secondary screening for dense cargo which could include use of X-ray equipment and you accept that the contents of your shipment may be examined in transit for security reasons. The shipper accepts that any additional charges incurred during this process may be invoiced at later date while the shipment is still in transit.
b) You declare that you have prepared the shipment 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 hand over by you to us.
4.3 Prohibited Items
We do not accept prohibited items.
5. Address, Collection & Delivery
If we are unable to deliver or collect 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 / collect the shipment to / from the correct address although additional charges may apply if the address is different to one shown on the consignment note or the label affixed to your shipment. For any change of address for collection / delivery the customer agrees to give us a written instructions and may be required proof of signature if needed.
It is Customers duty to provide equipments for loading and unloading at no cost or fees to GFS or its Contractors, if the delivery or collection can not be made due to unavailable such equipments, GFS can not take responsibility for any loss or damages to Customer for none delivery / collection and may invoice in full to customer for charges. All pre-booked shipments are subject to cancellation fees minimum GBP 65 or per kg GBP 1.20 whichever is greater ( for wasted journey ) for air cargo shipments or third party carrier's fixed price / invoice and subject to weight / time / distance, for road / air / sea shipments as sufficient time is required from 1 to 24 hours notice, depending location / nature of shipment for cancellation of all pre-booked or telephonic bookings, written or verbal or if no shipment at the point of collection. Also Should the customer request return of goods after collection, a minimum GBP 35 or subject to weight / distance or for transportation charges apply.
6. Our liability
Subject, the liability for any loss, damages or delay of your shipment or any part of it follows as : GFS will make every effort to collect / deliver the shipment but can not guaranteed time of collection / delivery and accept no damages for any delay.
RIGHTS OF INSPECTION
GFS has the right to inspect any document or shipment.
LIEN ON GOODS
GFS shall have a lien on all goods shipped, for all freight charges, octroi duties, advances or other charges of any kind arising out of the transportation hereunder and may refuse to surrender possession of the goods until surcharges are paid. The company has lien on all goods received or collected on behalf of the customer / owner for delivery / export. All charges shall be paid immediately upon receipt of goods as storage charges shall incur for unpaid shipments held due to non payments. The storage charges shall continue to accrue on all goods detained under lien for non payments.The company shall be entitled to serve 21 days notice in writing to the customer / owner of the goods to sell or dispose off to recover the cost of handling / expenses and storage charges as agent for, at the expense of the customer and apply the proceeds in or towards the outstanding charges.
LIABILITY LIMITATION
The liability of GFS for any loss or damage to shipment (which term shall include all document or parcel consigned to GFS under Consignment Note) is limited to: USD $100.00 (in any where in the world) or the amount of loss or damage to document / parcel actually sustained, which ever is lesser. GFS shall have no liability for any loss or damage occurring after delivery of the shipment.
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CARRIAGE BY AIR
In case of loss damage or delay, the carrier's liability for air cargo will be limited, provided the negligence of the carrier is proved and is subject to Carriers liability for Air - Road - Sea Transportation.
EXCLUSIONS
1 - We are not liable for any consequential or special damage or loss (including of income, profits, markets, reputation, use of content or loss of an opportunity) or other indirect loss arising from the loss, damage, delay, miss delivery or non delivery of your shipment, even if we had a knowledge that such damages or loss might arise.
2 - we are not liable if your shipment or any part of it is lost, damaged, delayed or miss delivered or not delivered at all, as result of
a)*Circumstances beyond our control such as (but not limited to
b)*Acts of God including earthquakes, cyclone, storms, flooding, fire, disease, fog or frost;
c)*Force majeur including war, accidents, and acts of public enemies, strikes, embargoes, local disputes or civil commotion
d)*National or local disruption in air or ground transportation networks and mechanical problems to mode transport or machinery;
*Latent defects or inherent vice in the contents of shipment
e) *Your acts or omission or those of third parties such as;
*You being in breech of (or any other party claiming an interest in shipment causing you to breach) your obligation under these terms and conditions and in particular those warranties set out in clause 10 in the long form of version;
*An act or omission of any custom, airline airport or government official.
f) The contents of shipment consisting of any article that is a prohibited item even though we have act shipment by mistake.
TRACKING UPDATES
Tracking updates on GFS websites are only for information purpose and doesn’t guarantee accuracy of arrivals and deliveries of packages/cargo. As there are third party companies providing services in the process, we request all customers to contact GFS office for most updated information. GFS does not accept any liability/responsibility for errors or omissions. Its customers responsibility to check relevant carrier / Airlines websites for tracking updated information to avoid additional costs at destination due to late collection of goods.
CLAIMS PROCEDURE
In case of loss or damage resulting in a claim you must notify the concerned Airline or Shipping Line for air cargo or sea cargo or see freight respectively. Please notify us / delivery agent in case of courier.
ACTUAL VALUE
The actual value of the document (which term shall include any item of no commercial value, which is transported here under) shall be ascertained by reference to its cost of preparation or replacement, reconstruction or reconstitution value at the time and place of shipment.
The actual value of a parcel (which item shall include any item of commercial value is transported hereunder) shall be ascertained by reference to its cost of repair or replacement, resale or fair market value at the time and place of shipment.
CONSEQUENTIAL DAMAGES EXCLUDED
GFS shall not be liable, in any event for consequential damages, loss, arising, with or without prior intimation or knowledge of GFS, including, but not limited to, loss of income, interest, utility or loss of market whatsoever in any form.
LIABILITIES NOT RESUMED
GFS WILL NOT BE LIABLE FOR DELAY IN PICK UP, TRANSPORTATION OR DELIVERY OF ANY SHIPMENT IRRESPECTIVE OF THE CAUSE OF SUCH DELAY.
Further, GFS shall not be liable for any loss, damage, miss delivery or non-delivery on account of the following:
Due to the act of God, force majeure or any cause beyond the control of GFS Express or Caused by:
The act, default or omission of the shipper, the consignee or any other party whose claim and interest in the shipment (including violation of any term and condition hereof) or of any person other than GFS or of any other Government Official, or of the Postal Services, or other entity or person to whom a shipment is tendered by GFS for transportation to any location not regularly served by GFS, regardless of whether the shipper reported or had knowledge of such third party delivery arrangements. The nature of shipment for any defect, charactristic, or inherent vice thereof.
CLAIM
The claim must be brought by shipper and delivered in writing to the office of GFS nearest to the location at which the shipment was accepted within 14 days of the date of such acceptance. No claim or query shall be entertained by GFS beyond the said period of 14 days.
No claim for loss or damage will be entertained until all transportation charges have been paid.
GFS does not maintain records relevant to the shipment for more than 04 months from its booking.
APPLICABILITY
These terms and conditions shall apply to and ensure to the benefits of GFS Express and its authorized and affiliated companies, and their officers, employees, and Directors.
AGREED RATES AND PAYMENT
You agree to pay our charges for the carriage of shipment between the location specified on the contract and any value added taxes for carriage, the charges will be calculated on weight or volume which ever is greater. All payments are due in advance at the time of booking / collection as no booking / collection / deliveries are confirmed without full payment. Should the customer disagree or stop payment or refuse to pay for any reason after collection or prior or after departure, the company resorves the rights to hold the shipment at origin, or any transit point or at destination and customer will be fully liable for all charges incurring due to handling, storage or any fees including cancellation. If the Client has an account with GFS and the payment shall be made within 7 days of the date of the invoice for all account Customers.
The company may terminate the contract if customer refuses to pay freight / parcel charges and storage as well other handling and fees may apply for all shipments held after 1st 24hrs. The GFS storages charges are subject to weight / volume at the rate of daily minimum GBP 20, GBP 4.50 per piece or 15p per kg which ever is greater and carriers may have their own tariff.
The UK urgent Same day and Next day deliveries are subject to full payment in advance as no collect charges are accepted and shipper must make such arrangements to avoid any delay / storage charges. The day collections / deliveries are subject to vehicle availability in the area and surcharge apply for time / evening and special collection / delivery minimum £45 and subject to distance and time.??
The waiting time will be applied after 1st 15 minutes @ GBP 10 per every 15 minutes or thereafter. The shipper must make sure all documents / parcel are ready for collection when GFS courier or its subcontractor arrivers for collections.??
You may be charged for its volumetric weight rather than its actual weight for large pieces. To calculate the volumetric weight use the below formula in (cm).
| length x width x height (cm) | = weight (kg) x weight per kg
Example: 50x50x50cm = 25 kg |
| 4000 / 5000 for Express or 6000 for Airfreight |
Our carriage charges are in accordance with the rates applicable to your shipment as set out in our current rate sheet / card / on-line. The shipper or its authorized representative undertakes the responsibility of payment of all charges levied on the shipment at destination, in case the consignee fails / refuses to pay the same. The rates are subject to change with or without notice and subject to cancellation charges full or part minimum ?65 ( for time wasting ) or subject to weight / time and distance as sufficient time is required for cancellation of all pre-booked or telephonic bookings, written or verbal or if no shipment at the point of collection. Also Should the customer request return of goods after collection, a minimum ?35 or subject to weight / distance for transportation charges apply.
These Conditions shall be governed by accordance with the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English courts.
MATERIALS NOT ACCEPTED FOR TRANSPORTATION
Currency, jewellery, bullion, antiques, stamps, precious metals, fire arms, plants, work of art, precious stones, explosive, animals, restricted drugs, liquore, perishables or any dangerous goods items, ie perfumes, spray items or any kind of batteries. Should airline security find any dangerous goods items in the consignment, there is minimum fine of £100 as well other company charges subject to GFS / Carrier terms conditions.
Negotiable instruments in bearer from, lewd, obscene, pornographic materials industrial carbons and diamonds. IATA restricted articles, including hazardous or combustible materials. Other articles/materials, the carriage of which prohibited by any law, regulations.
At the request of the Shipper and upon payment therefore, GFS will arrange insurance on behalf of the shipper subject to acceptance and written confirmation.
The insurance coverage shall be governed by all the terms and conditions contained in the policy of insurance issued by the insurance company.
CONSEQUENTIAL DAMAGES AND LOSS OR DAMAGE RESULTING FROM DELAY OF TRANSPORTATION ARE NOT COVERED BY ANY SUE POLICY OF INSURANCE.
