The Carex Cargo terms and conditions below are the standard terms and conditions of carriage. Variations may exist and apply depending on the shipment.

1. DEFINITIONS

The following are definitions of terms used in this contract:

We/ Us/ Our---implies subsidiaries, affiliates of Carex Holdings and our respective employees, agents and independent contractors.

You and Your---- means the sender, consignor or consignee of the shipment, holder of this consignment 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 the operations and services undertaken by us in connection with the shipment.

Shipment--means any envelope, document, package, parcel, satchel or piece of freight given to and accepted by us for carriage and transported under our consignment note.

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. THE PARTY WITH WHOM YOU ARE CONTRACTING

Your contract is with the subsidiary or affiliate of Carex Cargo that accepts the shipment from you. We may subcontract the whole or any part of the carriage on any terms and conditions at our discretion.

3. ACCEPTANCE OF OUR TERMS AND CONDITIONS

On entrusting us with us with your shipment you are bound by 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 apply to anyone we use to collect, transport or deliver your shipment. Our employees, agents or subcontractors are not authorized to waive, alter or modify these terms and conditions. Any instruction whether oral or written will not be abided in case it conflicts with our terms and conditions.

4. DANGEROUS GOODS / SECURITY

4.1 Dangerous Goods

a) We do not carry any dangerous goods specified in the International Civil Aviation Organisation (ICAO) technical instructions, the International Air Transport Association (IATA) dangerous goods regulations, the International Maritime Dangerous Goods (IMDG) code regulations or any other national or international rules applicable to the transport of dangerous goods.

4.2 Air Cargo Security Regulations

a) You must ensure when tendering a shipment to us that your shipment does not contain any restricted items as specified in ICAO Annex 17 or other national or international regulations that govern aviation security. We will require a full description of the contents of the shipment on our consignment note. Shipments carried by us may be subject to security screening which could include the use of X-ray equipment and you accept that the contents of your shipment may be examined in transit for security reasons.

b) You need to ensure that prior to hand over by us your shipment is packaged in secure premises using reliable staff employed.

4.3 Prohibited Items

We do not accept any prohibited items.

5. INCORRECT ADDRESS AND P.O. BOX NUMBERS

In case of an incorrect address we will make efforts to find the correct address and notify you of the correction and deliver the shipment to the correct address although additional charges may apply if the correct address is different to the one mentioned on the consignment note or the label affixed to your shipment. However if we are unable to deliver the shipment at the first attempt then we will post the shipment to the consignee and proof of posting is sufficient proof of delivery. Deliveries to post office box numbers are only accepted if the telephone number of the consignee is also provided.

6. EXCLUSIONS

6.1 We are not liable for any loss, damage, delay, mis delivery or non-delivery, consequential or special damages or other indirect losses arising from your shipment.

6.2 We are not liable if your shipment or any part of it is lost, damaged, delayed or mis-delivered or not delivered at all as a result of:

a) Situation beyond our control such as (but not limited to):

• acts of god including earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost;
• force majeure including war, accidents, acts of public enemies, strikes, embargoes, perils of the air, local disputes or civil commotions;
• national or local disruptions in air or ground transportation networks and mechanical problems to modes of transport or machinery;
• defects or inherent vice in the contents of the shipment.

   b) Your acts or omissions or those of third parties such as:

• you being in breach of (or any other party claiming an interest in the shipment causing you to breach) your obligations under these terms and conditions and in particular those warranties set out in Clause 10;
• an act or omission of any customs, airline, airport or government official.

c) The contents of the shipment consisting of any article that is a prohibited item even though we may have accepted the shipment by mistake.

6.3 We are not a common carrier and do not accept from you any liabilities of a common carrier. Under normal circumstances we do not accept shipments sent to and from residential addresses.

7. INSURANCE

On availing an insurance form from us you may claim up to 100% reimbursement on declaring your values any undeclared articles will be compensated accordingly in case of mishap.

8. CLAIMS PROCEDURE

To claim any loss or damage to avail claim you must immediately notify to our office at a location near you and in the event, all claims must be notified within 21 days.

9. RATES AND PAYMENT

Our carriage charges are calculated in accordance with the rates applicable to your shipment as set out in our current rate card. As a matter of course all import duties, value added taxes on goods and all other charges levied on the shipment shall be payable to us by the receiver upon delivery of the shipment and if the receiver refuses to pay you agree to pay us these amounts in full within 7 days of us notifying you that the receiver has not paid.

You agree to pay our charges for the carriage of the shipment between the locations specified on the consignment note and any value added taxes for the carriage within 7 days from the date of our invoice.