CARRIAGE OF CASH AND VALUABLE ITEMS

CARRIAGE OF GOODS, PARCELS, DOCUMENTS AND LETTERS

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CARRIAGE OF CASH AND VALUABLE ITEMS

1          Cash and valuable items offered for carriage under Scandinavian Express Services Ltd. (SESL) general terms for the carriage of goods, parcels, letters and documents will be carried entirely at the sender’s risk and SESL will accept no responsibility whatever for any loss or damage actually or allegedly incurred.

2          Upon request SESL will accept for carriage to destinations served by the company cash and valuable items although the company reserves the right to refuse to accept any item without declaring any reason for such refusal. Cash and valuable items will only be accepted in accordance with the terms and conditions defined in this document which must be accepted in full by the sender.

3          SESL will make every reasonable effort to deliver the cash or valuable item/s at the earliest opportunity based on the normal operational schedule but will not guarantee delivery on any particular day. SESL will not be responsible for any loss or damage incurred due to delays or alleged delays. SESL’s operational schedules do not form part of any contract.

4          SESL contracts with the sender on the basis that SESL liability is strictly limited to direct loss only with regard to cash provided always that the sender can show beyond all reasonable doubt that the cash was lost or damaged whilst in the possession of SESL for the sole purpose of carriage, subject to the further contents of paragraph six below.

5            Valuable items other than cash will be replaced or a cash equivalent proposed up to the current market value of the item/s as assessed by a competent person appointed by the company, irrespective of the sender’s declared valuation of the item/s, if the sender can show that any loss or damage was entirely the fault of SESL whilst in possession of the item/s for the purpose of carriage, but see also paragraph six below.

6          All claims for compensation must be submitted in writing within seven (7) days from the date SESL accepted the cash or valuable item for carriage failing which SESL shall have no liability whatsoever. Claims must be submitted to the office of dispatch. 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.

7          SESL reserves the right at any time, with or without the sender being present, to open and inspect without prior notice any item submitted for carriage.

8          All cash and valuable items accepted must be properly addressed and SESL will not be responsible for the late delivery or non-delivery of items which are inaccurately or incompletely addressed. If the intended receiver refuses to accept the item/s or refuses to pay any delivery or other charges incurred by SESL, or the receiver cannot be adequately identified or located, SESL shall use reasonable efforts to return the item/s to the sender, at the sender’s expense.

If SESL is unable to locate the sender the company reserves the right to release, dispose of or sell the valuable item/s without incurring any liability whatsoever to the sender or anyone else, with the proceeds applied against service charges and related administrative costs. See also paragraph nine below.

SESL will attempt, using reasonable efforts, to return all cash to the sender at the sender’s expense which the intended receiver refuses to accept or refuses to pay any delivery or other charges incurred by SESL, or the receiver cannot be adequately identified or located.

9          In order for the receiver to successfully collect the cash or valuable item/s, (she/he must present a valid identity card and the special code number, accurately written, which will have been given to the sender at the point of dispatch. If this requirement is not met in full and to the entire satisfaction of SESL staff, the receiver will be denied the cash or valuable item/s.

In the situation where the designated receiver is not available, she/he may send a representative who must be in possession of the designated receiver’s identity card and the special code number. Additionally, the designated receiver must have provided his/her representative with a signed cover note giving authority for the cash or valuable item/s to be collected on his/her behalf. Alternatively, the sender may contact the SESL office from which the cash or valuable item/s was dispatched, in person and in possession of the sender’s copy of the waybill, in order to nominate an alternative receiver.

10        If after seven (7) days from the date of delivery to the destination SESL office the valuable item or cash has not been claimed by the intended recipient, demurrage charges will be levied at the rate of one thousand shillings (1,000/=) per day or part thereof for each item.

If dispatched items remain unclaimed for a period of one month then SESL reserves the right to sell the items at public auction or by any other means and the proceeds will be used to offset administrative costs.

11        No compensation will be paid:

            (i) for loss or damage arising from faulty or inadequate packing or fastening, detachment of tie-on labels, incomplete or incorrect addressing or any failure to observe defects in these respects at the time of despatch.

            (ii) for which a written application is not made within seven (7) days of despatch.      

            (iii) for the confiscation of any item under internal legislation of the country to which it is addressed or through any country which it must travel to reach its destination.

SESL must be satisfied that any loss or damage claimed must have occurred during the actual carriage of the cash and valuable item/s or whilst they were in SESL’s custody for the purposes of carriage. In case of damage or partial loss of contents the item/s should be retained for inspection of the condition as delivered.

12        SESL is not liable for any loss or damage arising out of circumstances beyond its direct control. These include but are not limited to:

            (i) Acts of God including, but not exhaustively, lightning, floods, storms, fog, cyclones, earthquakes and landslides.

            (ii) any consequences of war whether declared or not, civil war, banditry, embargo, rebellion, insurrection, riot or commotion, military or usurped power or confiscation, requisition, destruction or damage to the property by or under the order of the Government or local authority, industrial action and restraint of labour from whatever cause.

            (iii) seizure under legal process.

            (iv) receiver not taking or accepting delivery within seven (7) days of delivery.

            (vi) insufficient or improper packing, labelling or addressing or incomplete information provided by the sender or his representative.

            (vii) accidents of any kind whether caused by SESL employees or third parties.

13        The sender shall indemnify and hold SESL blameless for any loss or damage arising out of the sender’s failure to comply with any applicable laws or regulations and for the sender’s breach of these terms and conditions including specifically:

            (i) the item is properly marked, packed and addressed to ensure safe carriage with ordinary care in handling.

            (ii) all information provided by the sender is complete and accurate.

            (iii) for all items crossing international borders unaccompanied the sender has complied with all applicable Customs regulations and other laws.

            (iv) the sender protected the item/s) against unauthorized interference during preparation, storage and transport to SESL and employed reliable staff to prepare the items for carriage by SESL.

            (v) the waybill has been signed by the sender or his authorized representative and the terms and conditions as herein defined constitute binding and enforceable obligations on the sender.

14        The sender accepts that SESL may, at its sole discretion and for whatever reason, use a third party or parties to carry the item(s) for all or part of the distance defined by the contract.

15        SESL reserves the right to amend these terms and conditions at any time and without prior notice.

16        The invalidity or unenforceability of any provision of these terms and conditions shall not affect any other part of these terms and conditions.

17        Any dispute arising under or in any way connected with these terms and conditions shall be governed by the law of Tanzania.

18        By entering into a contract for the carriage of the item(s) the sender accepts these   terms and conditions as described above. These terms and conditions are part of the contract and it is a condition of the contract that they be accepted in full.

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CARRIAGE OF GOODS, PARCELS, DOCUMENTS AND LETTERS

This document describes the terms and conditions for the carriage of goods, parcels, letters and documents. The complete terms and conditions of carriage are set out in the following paragraphs.

1            Goods, parcels, letters and documents, hereinafter referred to as “items”, will only be accepted to be transported to destinations served by the Company. Furthermore, items will only be accepted in accordance with the terms and conditions defined below which must be accepted in full by the sender.          

2            Scandinavian Express Services Ltd. (SESL) will make every reasonable effort to deliver the goods at the earliest opportunity based on the normal operational  schedule but will not guarantee delivery on any particular day. SESL will not be responsible for any loss or damage incurred due to delays or alleged delays. SESL’s operational schedules do not form part of any contract.

3          SESL operates a secure means of transporting cash and valuable items and will not be responsible under any circumstances for cash or valuable items being lost if   these secure services are not used for the purpose. Cash and valuable items or other prohibited items must not be sent in a package, parcel or letter. SESL is not legally liable for the loss, damage, delay, non-delivery or miss-delivery-delivery of any undeclared cash, documents, valuable items or similar items not sent by its secure  service. Separate terms and conditions apply for this latter service.

4          SESL reserves the right at any time, with or without the sender being present, to open and inspect without prior notice any item submitted for carriage.

5          All items accepted must be properly addressed and SESL will not be responsible for the late delivery or non-delivery of items which are inaccurately or incompletely addressed. If the intended receiver refuses to accept the item(s) or refuses to pay any delivery or other charges incurred by SESL, or the receiver cannot be adequately identified or located, SESL shall use reasonable efforts to return the   item(s) to the sender, at the sender’s expense. Failing this SESL may release, dispose of or sell the item(s) without incurring any liability whatsoever to the sender or anyone else, with the proceeds applied against service charges and related administrative costs. See also paragraph twelve below.

6          SESL reserves the right to refuse to accept any item for carriage without declaring any reason for such refusal. The following list of unacceptable items, which is not exhaustive, may be amended at any time by SESL without notice.

SESL’s definition of unacceptable items includes:

            (i) items classified as hazardous materials, dangerous goods, prohibited or restricted items as defined by the Government or any other body.

            (ii) unaccompanied items crossing any land border which are or may be subject to Customs checks and which do not have appropriate and acceptable documentation.

            (ii) live animals, alcohol, illegal and prohibited drugs, contraband items, ammunition, dynamite and any other explosive material.

            (iv) inflammable liquids and solids, compressed gas, corrosive liquids, oxidizing, toxic or radioactive materials as well as any other substance which could endanger human life or cause damage.

            (v) any other item which, due to its size, character and weight is beyond the capacity of SESL or is unsuitable for carriage.

            (vi) articles constructed in full or in part of glass, chinaware or other fragile materials.

            (vii) human or animal remains, pornographic or other offensive material.

            (viii) perishable goods such as fruit, vegetables, flowers, meat and poultry, all types of bakery and other related goods may be transported entirely at the sender’s risk.

            All items are carried entirely at the sender’s risk. However, SESL may, at its discretion, pay compensation in whatever form it alone decides and any such compensation shall not be for other than direct loss and shall not exceed five thousand shillings (5,000/=) per kilogram of lost or damaged goods. Exceptionally, grain and perishable goods shall be assessed at market value per kilogram of damaged weight. This provision excludes items defined in paragraph (viii) above.

7          All claims for compensation must be submitted in writing within seven (7) days from the date SESL accepted the items failing which SESL shall have no liability whatsoever. Claims must be submitted to the office of dispatch. 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. The maximum compensation payable in cash or in kind for any claim will be limited to one hundred thousand shillings (100,000/=) or the direct cash value whichever is the lower.

8          No compensation will be paid:

            (i) for loss or damage arising from faulty or inadequate packing or fastening, detachment of tie-on labels, incomplete or incorrect addressing or any failure to observe defects in these respects at the time of dispatch.

            (ii) for which a written application is not made within seven (7) days of dispatch.      

            (iii) for the confiscation of any item under internal legislation of the country to which it is addressed or through any country which it must travel to reach its destination.

            (iv) for damage to perishable items or any item composed wholly or in part of  fragile or brittle material which from its nature or construction is likely to be damaged in transit no matter how carefully packed or handled.

            (v) for items of value or cash sent in an ordinary parcel, packet or letter.

            SESL must be satisfied that any loss or damage claimed must have occurred during the actual carriage of the item(s) or whilst the item(s) were in SESL’s custody. In case of damage or partial loss of contents the item(s) should be retained for inspection of the condition as delivered.

9          SESL is not liable for any loss or damage arising out of circumstances beyond its direct control. These include but are not limited to:

            (i) Acts of God including, but not exhaustively, lightning, floods, storms, fog, cyclones, earthquakes and landslides.

            (ii) any consequences of war whether declared or not, civil war, banditry, embargo, rebellion, insurrection, riot or commotion, military or usurped power or confiscation, requisition, destruction or damage to the property by or under the order of the Government or local authority, industrial action and restraint of labour from whatever cause.

            (iii) seizure under legal process

            (iv) receiver not taking or accepting delivery within seven (7) days of delivery

            (v) inherent liability to wastage, latent defect or natural deterioration of the goods.

            (vi) insufficient or improper packing, labelling or addressing or incomplete information provided by the sender or his representative.

            (vii) accidents of any kind whether caused by SESL employees or third parties.

10        The sender shall indemnify and hold SESL blameless for any loss or damage arising out of the sender’s failure to comply with any applicable laws or regulations and for the sender’s breach of these terms and conditions including specifically:

            (i) the item is properly marked, packed and addressed to ensure safe carriage with ordinary care in handling.

            (ii) all information provided by the sender is complete and accurate.

            (iii) for all items crossing international borders unaccompanied the sender has complied with all applicable Customs regulations and other laws.

            (iv) the sender protected the item(s) against unauthorised interference during preparation, storage and transport to SESL and employed reliable staff to prepare the items for carriage by SESL.

            (v) the waybill has been signed by the sender or his authorised representative and the terms and conditions as herein defined constitute binding and enforceable obligations on the sender.

11        The sender accepts that SESL may, at its sole discretion and for whatever reason, use a third party or parties to carry the item(s) for all or part of the distance defined by the contract.

12        In order for the receiver to successfully collect the item(s), (she/he must present a valid identity card which is acceptable to SESL, for example a current passport or bank identity card. If this requirement is not met in full and to the entire satisfaction of SESL staff, the receiver will be denied the item(s).

            In the situation where the designated receiver is not available, (she/he may send a representative who must be in possession of the designated receiver’s identity card. Additionally, the designated receiver must have provided his/her representative with a signed cover note giving authority for the item(s) to be collected on his/her behalf. Alternatively, the sender may contact the SESL office from which the item(s) was despatched, in person and in possession of the sender’s copy of the waybill, in order to nominate an alternative receiver.

13        If after seven (7) days from the date of delivery the item has not been claimed by the intended recipient, demurrage charges will be levied at the rate of one thousand shillings (1,000/=) per day or part thereof for each item.

            If dispatched items remain unclaimed for a period of one month then SESL reserves the right to sell the items at public auction or by any other means and the proceeds will be used to offset administrative costs.

14        SESL reserves the right to amend these terms and conditions at any time and without prior notice.

15        The invalidity or unenforceability of any provision of these terms and conditions shall not affect any other part of these terms and conditions.

16        Any dispute arising under or in any way connected with these terms and conditions shall be governed by the law of Tanzania.

17        By entering into a contract for the carriage of the item(s) the sender accepts these terms and conditions as described above. These terms and conditions are part of the contract and it is a condition of the contract that they be accepted in full.

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