AVION EXPRESS
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Service Terms and Conditions


Interpretation

In these terms and conditions ("Conditions"):


  1. "Dangerous Goods or Hazardous" means items from time to time specified in the United Nations Recommendations on the Transport of Dangerous Goods ("UNRTDG") and any other items which we from time to time specify;

  2. “Shipper” means one who send the cargo

  3. “Consignee” means one who will be receiving the cargo

  4. “Agent” means one who accepted the cargo from the shipper and handed over to AVION’s facility

  5. “Carrier” means AVION Express, Airline, or AVION’s appointed agent, staff delivery agents or anyone related with AVION

  6. "Consignment" means any goods, whether a single item, in bulk or a number of separate items to be delivered to the same Consignee (including any of them or any part of them);

  7. "Value" means, in respect of any Consignment, the lesser of the cost and the market value of such Consignment;

  8. "We" means AVION Express Logistics Ltd Company Number 11406652 Kemp House 160 City Road, London EC1V 2NX, United Kingdom and includes our employees, agents and sub-contractors and "us “and "our" will be interpreted accordingly;

  9. "You" means the person(s) or company whose order for the delivery of a Consignment is accepted by us and "your" will be interpreted accordingly.

  10. This is the General conditions of the carrier which need to be accepted by the shipper it’s shipper’s responsibility to read, understand and agree on the terms and conditions in order to proceed further with a contract.

Consignment

It’s shipper’s responsibility that the consignment doesn’t have any hazardous materials as on IATA and UN Regulation such as Explosives / Gases / Flammable Liquids / Flammable Solids / Oxidizing Substances / Toxic & Infectious Substances / Radioactive Material / Corrosives /Miscellaneous Dangerous Goods – which includes match boxes and perfumes

We shall not transport any precious metals, gems, precious stones, currencies including coins, jewelry, valid documents, deeds, shares, educational certificates stamps, firearms, money orders, cigarettes, precious stones or metals or negotiable instruments in bearer form and will have no liability (whether caused negligently or otherwise) for loss, damage, mis-delivery or non-delivery or late delivery of the same.

You acknowledge that our transit system is not suitable for carrying glass, china, ceramics, pottery, stoneware, fossils, antiques and works of art, or similar such materials and electronics such as Television, music systems musical instruments and crystals we will have no liability (whether caused negligently or otherwise) for any damage caused to the same.

We may open or inspect any Consignment as carrier or by the customs or airport authorities for the inspection purpose.

Handling of Consignment

Unless we agree otherwise:

We shall not carry for air shipment anything above 30 KG packed in a box or bag which the maximum size shall not increase more than 160 CMs in total (length + width + height) that is to fix that the dimensional and volume weight is within 30 KG as we are human operated company none of the packages are handled by robots

Make sure that the shipper’s information furnished in the electronic format are exact and we shall not take any responsibility on the weight and measurement any error deliberate, negligence or ignorance may result in penalty of USD 100 and double of the freight charges or a repacking and repacking charges.

Any false information furnished may cause delay and penalty and both will lead the shipment to storage and the storage charges.

Transit and Transit Time

The shipment may be delivered directly in most cases but there is a chance to go through the transit hubs such as London for all or some of the European destinations, New York for all North American Shipments, Dubai for some of the Middle East shipments, Bombay for all Indian Shipments, Singapore for some of the Far East shipments.

Transit Time shows in the system says from the date of export form its origin until door delivery. However the transit time may vary with various reasons and situations such as customs inspection, airline rerouting, embargo, holidays, natural calamities, strikes, incursions etc.. And the carrier shall not be held responsible for all these.

Transit may occur using any means of transport and by any route we think fit. Without limiting this conditions, you acknowledge that the shipment may even have split delivery for the transport or handling convenience.

Delivery of Consignments

We deliver the consignments to the delivery address provided by the shipper. We intimate the shipper or the consignee by email or phone calls and we expect the consignee or the authorized representative to be available at the time of delivery.

We shall not deliver the goods on Sundays and holidays in Europe and North America. However the consignee can mutually agree and pick up the cargo from our facility on an earlier date than the delivery planed date if the facility is open and the consignment is available. But as a courtesy we deliver the shipment within 24 to 48 hours of its arrival at the station.

Time for delivery is not of the essence. We will not be in breach of these conditions if a Consignment is delivered late.

If we make two failed attempts to deliver a Consignment, we may charge you an additional sum for each subsequent attempted delivery or attempt to return the Consignment to you, whether successful or not.

At your request, within 14 days of the date the Consignment is delivered we will use reasonable endeavors to provide a proof of delivery of the Consignment, provided that provision of same does not constitute a condition of payment. We may at our discretion impose a charge for providing you with a proof of delivery outside this 14 day period.

An unattended consignment be held in our facility for 3 days for the consignee to claim or collect but if any failure may result to abandon the consignment or return to the shipper with an actual shipping cost.

Charges

Transit Charges are paid online at the time of booking of the shipment. And if the weight or volume differs from the furnished details then the shipper or consignee need to pay the rest of the charges on or before the delivery as per the weight or volume weight.

Shipments are subject to customs duty, VAT and taxes of the destination airport or transit airport wherever the consignment is cleared at. There could be an additional charges for customs inspection if the shipment taken for a special inspection. All charges are expressed exclusive of VAT which may be chargeable and which will be payable in addition by you. If you do not pay any sum payable to us on its due date, without prejudice to any other rights which we may have: We may recover our costs and expenses of collecting such amount with interest decided by the court of England We may suspend deliveries of other Consignments until the outstanding amount has been received by us; and

Any other sums owing from you to us, regardless of whether we have issued you with an invoice for such sums or whether such sums are due to be paid in the future will become immediately due and payable

General Exclusions of Liability

We will not be liable to you for any loss, damage, mis-delivery, non-delivery or delayed delivery of any Consignment which occurs as a direct or indirect result of:

  • Anything you or your employees or agents do or omit to do or any misstatement or misrepresentation you, your employees or agents make;
  • Any inherent liability to wastage, latent or inherent defect, vice or natural deterioration or electrical derangement of the Consignment;
  • The Consignment being insufficiently or improperly packaged;
  • The Consignment being incorrectly or insufficiently addressed (including the correct postal code) or labelled;
  • We will in no circumstances be liable to you for pure economic loss or loss of profit, business, sale, market, goodwill and like loss, whether direct or indirect and whether caused negligently or otherwise.

    Notwithstanding anything to the contrary contained in these Conditions, our liability for fraud, or death or personal injury resulting from our negligence, is not limited.

    Notwithstanding anything to the contrary contained elsewhere in these Conditions, if you have sub-contracted the delivery of any Consignment to us, we will not be under any greater liability to you in respect of such Consignment than you have contractually to your customer.

    We will not be liable for any loss, mis-delivery, non-delivery or delayed delivery of or damage to a Consignment or otherwise for any failure or delay in performance of our obligations under these Conditions due to any event beyond our reasonable control including, without limitation:

  • Delay or cancellation of ferries, flights or railway transport;
  • Failure by a Consignee to accept delivery of a Consignment;
  • Delays in or refusal of customs clearance;
  • act of God, war, riot, civil commotion, malicious damage or blockades, strikes, lockouts or other industrial disputes (whether involving our workforce or that of a third party) compliance with any law or governmental order, rule, regulation or direction seizure under legal process, national emergencies, fire, flood, tempest or storm, accident, breakdown of plant or machinery default of supplies (including, without limitation fuel) or sub-contractors.

    Time Limit for Claims

    We will not be liable (whether in negligence or otherwise) for damage to Consignments or loss, mis-delivery or non-delivery of any Consignment (or any part thereof), unless you notify us (other than upon any delivery document) of the same within:

    3 days of the date of delivery if the proof of delivery is signed as having been received in good condition; and

    days of the date of delivery (or the due date for delivery if the whole Consignment has been lost or mis-delivered) in all other cases, and make a written claim against us within 21 days of the date of delivery or the due date of delivery (as appropriate).

    We will not be liable (whether in negligence or otherwise) to you in respect of any late delivery, or any loss, damage, mis-delivery or non-delivery of a Consignment unless legal proceedings are commenced against us within 12 months from the date when transit commences.

    Liability for Late Delivery

    Our sole liability in respect of late delivery of a Consignment, whether as a result of negligence or otherwise, is limited to the lesser of the difference in price between:

    the service option you selected and the next quickest service option available for such Consignment which, if we had delivered the Consignment in accordance with such option, could have resulted in delivery of the Consignment at the same time as it was delivered; and

    The service option you selected and the slowest service option available for such Consignment.

    We will have no liability for late delivery of any Consignment for which you select the slowest service option available for such Consignment.

    Liability for Loss and Damage

    Our sole liability for loss, mis-delivery or non-delivery of or damage to any Consignment whether caused negligently or otherwise, is limited to the lesser of:

    The Value of the Consignment, or the part of the Consignment as appropriate, which has been lost, mis-delivered or damaged;

    The cost of repairing any damage to the Consignment; and the sum specified in either condition provided that our maximum liability per Consignment under this condition USD 9 per KG or the value declared in the packing list whichever is lesser.