TERMS AND CONDITIONS
In these conditions, Prime Express includes Prime Express International Courier, all operating divisions and subsidiaries of Prime Express, and their respective agents, servants, officers, and employees henceforth called Prime Express. The “Shipper” means the sender of the goods tendered for transport (whether on his own account or on behalf of any other person) and whose name shall appear on the airway bill as shipper. “Shipment” means all documents or parcels that travel under one airway bill. Every shipment is transported on a limited liability basis as provided herein. If shipper requires additional protection, then insurance may be arranged at an additional cost (Please see below for further information)
1. SCOPE OF CONDITIONS
These conditions shall govern and apply to all services provided by Prime Express. By physically signing the airway bill or accepting the terms and conditions on the Prime Express website, the customer acknowledges that he/she has read the conditions and agrees to be bound by each of them. Prime Express shall not be bound by any such written agreement which varies from these conditions unless such agreement is in writing and signed by authorized officer of Prime Express. In the absence of such written agreement, these conditions shall constitute the entire agreement between Prime Express and each of its customers, No employee of Prime Express shall have the authority to alter or waive these terms and conditions except as stated herein.
Prime Express agrees, subject to payment of applicable rates and charges in effect on the date of acceptance by Prime Express of a customer’s shipment to arrange for the transportation of the shipment between the locations agreed upon by Prime Express and the customer. Prime Express reserve the right to transport the customer’s shipment by any route and procedure and by successive carriers and according to its own handling storage and transportation methods.
3. SERVICE RESTRICTIONS
a) Prime Express International Courier reserves the right to refuse any documents or parcels from any person, firm or company its own discretion.
b) Prime Express International Courier reserves the right to abandon carriage of any shipment at any time after acceptance when such shipment could possibly cause damage or delay to other shipment, equipment or personnel or when any such carriage is prohibited by law or is in violation of any of the rules contained herein.
c) Prime Express reserves the right to open and inspect any shipment consigned by a customer to ensure that it is capable of carriage to the state or country of destination within the standard custom procedures and handling method of Prime Express in exercising the right. Prime Express does not warrant that any particular item to be carried is capable of carriage without infringing the law of any country or state through which the item may be carried.
4. LIMITATION OF LIABILITY
Prime Express will be responsible for the customer shipment only while it is within Prime Express International Courier’s custody and control. Prime Express shall not be liable for loss or damage of shipment while re-shipment is out of Prime Express International Courier’s custody or control. Prime Express liability is in any event limited to one hundred dollars (US $100) or its equivalent per shipment unless a higher value is declare on the airway bill at the time of tender and additional charge is paid for as assessed and determined by Prime Express for each one hundred dollars ( US $100) per shipment or fraction thereof by which the insured value designated by the customer at the airway bill exceeds one hundred dollars ( US $100 ) per shipment.
5. LIABILITIES NOT ASSUMED
Prime Express shall be not liable for any loss, damage, delay, mis-delivery, non-delivery not caused by as own negligence or for any loss, damage, delay, mis-delivery or non-delivery caused by
I) The act default or emission the Shipper or Consignee of any other party who claims an interest in the shipment.
II) The nature of the shipment of any defect characteristics or inherent wise thereof
III) Violation by the shipper or consignee of any terms or condition stated herein including but not limited to improper or insufficient packing securing marking or addressing misstating on the content description of any shipment or failure to observe any of these rules relating to the shipment not acceptable for transportation whether such rules are now or hereafter promulgated by Prime Express.
IV) Disruption to air or ground transportation due to act of God (bad weather, fire, flood, earthquake etc.,), war, hostilities, Civil disturbance, acts of government or other authorities (including, without limitation, customs) and labor disputes or obligations effecting Prime Express or some other party are beyond the control of Prime Express.
V) Act of commissions of any postal services forwarder or any other entity to whom a shipment is tendered by Prime Express for transportation regardless of whether the shipper requested or had knowledge of such third party delivery requirement.
VI) Electrical or magnetic injury erasure or other such damage to electronic or photographic images or recordings in any form or damage due to insects or vermin.
VII) While Prime Express will endeavor to exercise its best efforts to provide expeditious delivery, in accordance with delivery schedules Prime Express will not under any circumstances be liable for delay in pick-up, transportation or delivery of any shipment regardless of the cause of such delay.
6. UNACCEPTABLE AND PROHIBITED ITEMS
The following items are not acceptable for carriage to any destinations if the shipment contains
• Bullion and Work of Arts
• Jewelry, Precious Metals, Precious Stones, Ivory, Antiques
• Bank Bill, Notes, Currency, Cashier’s Checks, Money Orders, Traveler’s Checks
• Postage Stamps
• Fresh Fruits, Vegetables, Plants, Animals
• Human remains, fetal remains, human body parts, human embryos, or components thereof
• Marijuana (medical or otherwise)
• Shark fins
• Vape Products, Hemp-based products (including cannabidiol [CBD])
• Negotiable Instruments in bearer-form,
• Lewd obscene or Pornographic materials
• Industrial Carbons and Diamonds.
• Aerosols, Nail Polish, Perfumes containing alcohol
• Air Bags
• Lithium Batteries of any form or capacity
• Alcoholic Beverages
• Dry Ice
• Explosives and Gasoline
• Material classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), any applicable government department or other relevant organization It contains any other item which Prime Express cannot be carried safely or legally, or its packing is defective or inadequate.
• All other Shipment Prohibited by Law
< h2>7. UNDELIVERABLE SHIPMENT
a)An undeliverable Shipment is one that cannot be delivered for reasons that include, but are not limited to, any of the following:
I. The Recipient’s address is incomplete, illegible, incorrect or cannot be located.
II. The Shipment was addressed to an area not served by Prime Express.
III. The Recipient's place of business is closed.
IV. Delivery is impossible because of the unavailability or refusal of an appropriate person to accept delivery or sign for delivery of the Shipment on the initial delivery attempt or reattempts.
V. The Shipment is unable to clear customs.
VI. The Shipment would likely cause damage or delay to other Shipments or property, or injury to persons.
VII. The Shipment contains prohibited items.
VIII. The Recipient is unable or refuses to pay for a Bill Recipient Shipment
IX. The Shipment was improperly packaged or
X. The Shipment’s contents or packaging are damaged to the extent that re-wrapping is not possible.
b) If a Shipment is undeliverable for any reason, Prime Express may attempt to notify the Sender to arrange for the return of the Shipment, without prejudice to any local regulatory constraints. If the Sender cannot be contacted within five (5) Business Days or fails to give instructions within a reasonable period of time as determined by Prime Express, then Prime Express at its sole discretion may return the Shipment to the Sender; or place the Shipment in a general order warehouse or customs-bonded warehouse or dispose of the Shipment. If a Shipment cannot be delivered, cleared through customs or returned, the Shipment may be transferred or disposed of by Prime Express at its sole discretion. The Sender will be liable for any and all costs, Charges and fees incurred in returning, storing or disposing of an undeliverable Shipment, unless the Shipment was undeliverable due to the fault of Prime Express.
c) Shipments that cannot be returned due to local regulatory constraints will either be placed in a general order warehouse or a customs-bonded warehouse or disposed of at Prime Express International Courier’s sole discretion and at any location. The Sender agrees to pay any costs incurred by Prime Express in such placement or disposal.
d) Return Charges will be assessed to the Sender together with the original Charges, unless the Shipment was undeliverable due to the fault of Prime Express. Also included will be any other Charges incurred by including but not limited to duties, taxes and storage fees, if applicable. For returned Shipments containing dangerous goods, the Sender must supply a completed return (Air) Waybill and all other required documents.
Any rates quoted by Prime Express for carriage inclusive local airport taxes but exclusive of any value added taxes, duties, levies, imports, deposits of outlays incurred in respect carriage of the customers goods should the customers indicate by endorsement in the space provided on the airway bill that the receiver shall be liable for any customs duty the customer shall be for such customs duty in the event of a default in payment by the receiver. Prime Express will not be liable for any penalties imposed or loss damage incurred due to the customer documents or goods being impounded by customs or similar authorities and the customer hereby indemnifies Prime Express against such penalty or loss.
Prime Express will only carry documents or goods which are the property of the customer warrants that it is authorized to accept and is accepting these conditions not only on behalf of itself but as agent and on behalf of all other persons who are or may hereafter be interested in the document or goods. The customer herby undertake to indemnify Prime Express against any damage, costs and expense resulting any breach of these warranty.
Any claims against Prime Express must be submitted in writing to the office of Prime Express nearest the location where the shipment was accepted within thirty days (30days) of the date of acceptance by Prime Express notwithstanding of the foregoing no claim for loss or damages will be entertained until all transportation charges have been paid.
a) Prime Express maintains cargo liability insurance to the full extent of liability offered to the shipper
b) At the request of the Shipper and upon payment of prevailing rates Prime Express will arrange insurance coverage on behalf of the shipper in an amount not exceeding ten thousand dollars (US$10,000).
c) The insurance coverage shall be governed by the terms and conditions contained in the policy of insurance carrier. Insurance Certificate of evidencing will be made available to shipper.
d) Consequential damages and loss or damages resulting from delays in the transportation are not covered by any such insurance policy.
12. GOVERNING LAW
These terms shall be governed by the laws of the country where the shipment is presented to Prime Express International for Carriage.
13. DISPUTE RESOLUTION
In the event of any controversy, dispute or claim between the Shipper and Prime Express under, arising out of or related to this Agreement, whether based on contract, tort, statute or other legal theory (collectively referred to hereinafter as “Disputes”), the parties shall follow the dispute resolution procedures set forth below.
The parties shall first attempt to resolve a dispute, at the written request of either party, through discussions between the Shipper and an authorized senior management representative of the Prime Express. If a dispute is not resolved by the foregoing discussions between the senior management of the Company and the Executive within thirty (30) days, the parties agree, at the written request of either party, to submit the dispute to a sole mediator selected by the parties for settlement within an additional thirty-day period. To the extent any Dispute is not settled by mediation as outlined above, then any Dispute shall be finally settled by arbitration in accordance with the rules of the American Arbitration Association then in force, and that the arbitration hearings shall be held in Jersey City, New Jersey. The parties agree to (i) appoint an arbitrator who is knowledgeable in logistics (air and sea shipment), the industry in which the Prime Express operates, and instruct the arbitrator to follow substantive rules of law; (ii) require the testimony to be transcribed; and (iii) require the award to be accompanied by findings of act and a statement of reasons for the decision. The arbitrator shall have the authority to permit discovery, to the extent deemed appropriate by the arbitrator, upon request of a party, but such discovery process shall continue for no more than thirty (30) days. The arbitrator shall have no power or authority to add to or detract from the written agreement of the parties. If the parties cannot agree upon an arbitrator within ten (10) days after demand by either of them, either or both parties may request the American Arbitration Association name a panel of five (5) arbitrators. The Company shall strike the names of two (2) off this list, the Executive shall also strike two (2) names, and the remaining name shall be the arbitrator. The parties shall stipulate that arbitration shall be completed within sixty (60) days. All costs and expenses, including attorneys’ and the arbitrator’s fees, of all parties incurred in any dispute which is determined and/or settled by arbitration shall be borne by the Shipper.
14.)Prime Express reserves the right to request surcharge payments from undeclared goods in the packages, incorrectly documented dimensions, weight, and volumetric weights. The difference in price from the discrepancy will be billed to the customer, and Prime Express reserves the right not wholly to render the services until the difference has been settled; failure to comply with surcharge will lead Prime Express to return the package to the customer or holding the package in the warehouse at the customers own expense.