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| 1. Customs, Exports and Imports |
GATEWAY may perform any of the following activities on Buyer's behalf in order to provide its services to Buyer: (1) complete any documents, amend product or service codes, and pay any duties or taxes required under applicable laws and regulations, (2) act as Buyer'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 and (3) redirect the Shipment to Receiver's import broker or other address upon request by any person who GATEWAY believes in its reasonable opinion to be authorized.
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| 2. Unacceptable Shipments |
| Buyer agrees that its Shipment is acceptable for transportation and 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 Organization), any applicable government department or other relevant organization e.g. US Export Controls.
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- No customs declaration is made when required by applicable customs regulations; or
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- GATEWAY decides it cannot transport an item safely or legally (such items include but are not limited to: animals, currency, bearer form negotiable instruments, precious metals and stones, firearms, parts thereof and ammunition, human remains, pornography and illegal narcotics/drug).
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| 3. Deliveries & Undeliverable |
Shipments cannot be delivered to PO boxes or postal codes. Shipments are delivered to the Receiver's address given by Buyer, but not necessarily to the named Receiver personally. Shipments to addresses with a central receiving area will be delivered to that area. If Receiver refuses delivery or to pay for delivery, or the Shipment is deemed to be unacceptable, or it has been undervalued for customs purposes, or Receiver cannot be reasonably identified or located, GATEWAY shall use reasonable efforts to return the Shipment to Vendor at Buyer's cost, failing which the Shipment may be released, disposed of or sold by GATEWAY without incurring any liability whatsoever to Buyer or anyone else, with the proceeds applied against service charges and related administrative costs and the balance of the proceeds of a sale to be returned to Buyer.
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| 4. Inspection |
GATEWAY has the right to open and inspect a Shipment without prior notice to Buyer.
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| 5. Shipment Charges & Billing |
GATEWAY's Shipment charges are calculated according to the higher of actual or volumetric weight and any Shipment may be re-weighed and re-measured by GATEWAY to confirm this calculation. Buyer shall pay or reimburse GATEWAY for all Shipment charges, storage charges, duties and taxes owed for services provided by GATEWAY or incurred by GATEWAY on Buyer'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.
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| 6. GATEWAY's Liability |
GATEWAY contracts with Buyer on the basis that GATEWAY's liability is strictly limited to direct loss only. 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 GATEWAY's attention before or after acceptance of the Shipment since special risks can be insured by Buyer. If a Shipment combines carriage by air, road or other mode of transport, it shall be presumed that any loss or damage occurred during the air period of such carriage unless proven otherwise. GATEWAY's 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 US$ 100. Claims are limited to one claim per Shipment settlement of which will be full and final settlement for all loss or damage in connection therewith. If Buyer regards these limits as insufficient it must make a special declaration of value and request insurance as described in Clause 8 (Shipment Insurance) or make its own insurance arrangements, failing which Buyer assumes all risks of loss or damage.
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| 7. Time Limits for Claims |
All claims must be submitted in writing to GATEWAY within thirty (30) days from the date that GATEWAY accepted the Shipment, failing which GATEWAY shall have no liability whatsoever.
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| 8. Shipment Insurance |
GATEWAY can arrange insurance for Buyer covering the actual cash value in respect of loss of or physical damage to the Shipment provided the Buyer requests it and pays the applicable premium Shipment insurance does not cover indirect loss or damage, or loss or damage caused by delays.
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| 9. Delayed Shipments |
GATEWAY will make every reasonable effort to deliver the Shipment according to GATEWAY's regular delivery schedules, but these are not guaranteed and do not form part of the contract. GATEWAY is not liable for any damages or loss caused by delays.
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| 10. Circumstances beyond GATEWAY's control |
GATEWAY is not liable for any loss or damage arising out of circumstances beyond GATEWAY's control. These include but are not limited to:-"Act of God" e.g. earthquake, cyclone, storm, flood, fog; "Force Majeure" ¨C e.g. war plane crash or embargo; any defect or characteristic related to the nature of the Shipment, even if known to GATEWAY; riot or civil commotion; any act or emission by a person not employed or contracted by GATEWAY e.g. Buyer, 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.
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| 11. Warsaw Convention |
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 ("Warsaw"), if applicable, governs and in most cases limits GATEWAY's liability for loss or damage.
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| 12. Buyer's Warranties and Indemnity |
Buyer shall indemnify and hold GATEWAY harmless for any loss or damage arising out of Buyer's failure to comply with any applicable laws or regulations and for Buyer's breach of the following warranties and representations:
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- All information provided by Buyer or its representatives is complete and accurate
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- Buyer's vendor employed reliable staff to prepare the Shipment
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- The Shipment is properly marked and addressed and packed to ensure safe transportation with ordinary care in handling
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- All applicable customs, import, export and other laws and regulations have been complied with; and
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- The purchases have been signed by Buyer's authorized representative and the Terms and Conditions constitute binding and enforceable obligations of Buyer
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| 13. Routing |
Buyer agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places.
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| 14. Governing Law |
Any dispute arising under or in any way connected with these Terms and Conditions shall be subject, for the benefit of GATEWAY, to the non-exclusive jurisdiction of the courts of, and governed by the law of, the country of origin of the Shipment and Buyer irrevocably submits to such jurisdiction, unless contrary to applicable law.
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| 15. Severability |
The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions.
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| IMPORTANT NOTICE |
When using GATEWAY's services, you as "Buyer", are agreeing, on your behalf and on behalf of anyone else with an interest in the Shipment, that the Terms and Conditions shall apply from the time that GATEWAY accepts the Shipment unless otherwise agreed in writing by an authorized officer of GATEWAY. Your statutory rights and entitlements under any defined service feature (for which additional payment has been made) are not affected.
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"Shipment" means all documents or parcels that travel under one waybill and which may be carried by any means GATEWAY chooses, including air, road, or any other carrier. A "waybill" shall include any label produced by GATEWAY automated systems, air waybill or consignment note and shall incorporate these Terms and Conditions. Every Shipment is transported on a limited liability basis as provided herein. If Buyer requires greater protection, then insurance may be arranged at an additional cost. "GATEWAY" means any member of the GATEWAY Express Network.
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