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Definitions

We have outlined a few definitions related to the words you will see in these terms and conditions. These definitions have been added to ensure the effective portrayal of the terms and condition to minimize the confusions about the services.

  • We, us, and our represent ZexFret
  • Your and you represent the senders and people who are using our services
  • Carriage represents the complete package that has to be shipped and which has been booked
  • Consignment note represents the information provided by the service users in the computerized form
  • Other services represent the services which we perform while shipping your parcels such as installation, storage, warehousing, kitting, packing, and merging
  • Shipment represents the parcels and anything which we have taken on board for the shipping
  • Prohibited items represent the goods which we are not allowed to carry or ship

Connecting Party

Your shipment and service contract is with us and we accept the shipment to be delivered. However, we hold the authority to use the subcontractors for the shipment of the carriage.

Acceptance of Terms & Conditions

By using the services, you agree to all of the provisions of these terms of use and represent to us that you are legally competent to enter into and agree with these terms of use. If you don’t agree to these terms of use, then you are not approved to use any of ZexFret’s services. Moreover, when you provide us with the shipment details, you automatically agree to our terms and conditions. These terms and conditions cannot be violated and only the authorized personnel will be allowed to make the changes. If you add some additional information and guidelines related to the carriage which isn’t in-line with our terms and conditions, we are not obliged to work on them

Contract Scope

All the terms and conditions are implied to the carriage and other shipments. When you make a contract with us, you cannot get back. Once you have made the contract, you are agreeing to;

  • A contract is a contract of air if the shipment has to be delivered through the air
  • A contract is a contract of the road if the shipment has to be delivered through road
  • A contract is a contract of the sea if the shipment has to be delivered through the sea
  • A contract is a contract of performance if the shipment isn’t related to carriage services

Dangerous Goods

We aren’t licensed to carry any prohibited and dangerous goods in our eyes and in the eyes of other regulatory authorities concerned with us including International Civil Aviation Authority, International Air Transport Association, Dangerous Goods Regulation, IMDG, and ADR. However, exceptions can be made in the following situations and circumstances;

  • We will accept the shipment of dangerous goods if you have been named to be approved
  • If the dangerous goods are exclusive of the customer requirements

For further details, you can contact us by phone or visit our office.

  • While filling the consignment note, you must mention the availability of dangerous goods in your carriage along with the full description and if found without the mention, you may have to face the consequences
  • When you give us the parcel, you are agreeing to its check and scanning through x-ray and explosive trace detection during the customs and cross-border check. Your parcel might be opened and we will not be responsible for that
  • You state that the packed shipment and carriage is in secure hands and there is no unauthorized interference in the package in terms of transportation, storage, and packaging
  • We will not accept the prohibited items
  • We might have to share your personal information for the cross-border shipments because we are not allowed to refuse to the government agencies such as cross-border check or the customs

Export Controls

You agree that you won’t export or re-export, directly or indirectly the Services and/or different data or materials provided by ZexFret hereafter, to any country that the relevant jurisdiction needs any export license or other governmental approval at the time of export when you are not having any such license or approval. However, while not restricting, the Services might not be exported or re-exported

  • Into any U.K. embargoed countries or any country that has been selected by the U.K. Government as a “terrorist supporting” country,
  • To anyone listed on any U.K Government list of prohibited or restricted parties, as well as the U. K’s Treasury Department’s list of specially selected Nationals or the U. K’s Department of Commerce Denied Person’s List or Entity List.
  • By using the Services, you represent and warrant that you aren’t set in any such country or on any such list. You furthermore might agree that you won’t use these products for any functions prohibited by law, including manufacture or production of nuclear, missiles, or chemical or biological weapons. You’re chargeable crossing any type of applicable U.K. export rules and regulations
  • You need to provide all the export-related details if the shipment is found with any pre-export regulatory issues
  • You need to be authorized by the laws of origin in order to determine the export permits and licenses
  • We take no responsibility for the non-compliance of the shipment related to the sanctions, embargoes, export control laws, and other restrictive measures

Inspection Rights

You agree that any government agency such as customs and border check has the permission and authority to check the parcel, inspect it, and open it

Routing & Transit Time Of The Shipment

Our routes and methods of shipment are confidential and we aren’t liable to share them with anyone. The custom delays cannot be managed as the government agencies are involved. In addition, we add the weekends, bank holidays, and public holidays in the shipping time so; this will not be the issue. However, we take no responsibility for the delay caused by natural disasters

Customs Clearance

  • We are the solely responsible person for the clearing of shipments at the customs. If we make any subcontracts, we will be named as the consignee for the clearance of shipments. However, if at the time of customs clearance, if any additional information is required, you are liable to provide them at your own expense
  • You agree that all the information provided for the shipping and parcel delivery is correct. You acknowledge that if any fraudulent statements are found in the information provided, you will be responsible for the consequences. You agree that you will hold us free from any accusations that can land us in trouble because of your fraudulent statements.
  • You agree to pay us the additional charges if incurred regarding the customs and shipment. If you or the person refuses to receive the parcel, you are liable to provide the additional charges which have to be paid to get the package back to you. If the items need to be warehoused, you are liable to pay for them
  • We are not responsible for the delays, loss, and damage caused by the customs and other government agencies

Incorrect PO Box Numbers & Addresses

  • We will not be responsible for the delays caused by the wrong address but we will make sure to find the right address. If we are unable to find the address, we can call you anytime for the additional information and if the address needs to be changed, you may have to pay additional charges
  • We do not offer shipments and deliveries to the PO boxes and the phone number of the consignee is to be provided for sure. If the consignee is not found, the proof of posting is the only proof we will be liable to show at the time of queries

Shipment Delivery

If we are unable to ship the carriage or shipment, we will notify the sender and we may send back the parcel with a note. If the delivery isn’t made at the second attempt or if the receiver is refusing to accept the parcel, we will contact you with the right next step and you are liable to agree with it. You will have to pay the additional charges for resending the parcel. If you do not get back to us in the required timeframe, we are allowed to destroy the parcel or sell it

Special Delivery

  • If there are special instructions related to the destination given by the sender or receiver we will be happy to oblige as far as they are in-line with our company policies
  • In the sector of special delivery, we aren’t responsible for the damage caused to the shipment
  • You will hold us free and harmless of the claims and expenses arising in the special delivery and we are authorized to charge the fee for the special delivery service
  • If the concerned person isn’t available at the destination, we may hand off the parcel to nearest address at your own risk

Your Obligations

  • All the contents of the shipment have to be declared by you and you agree that everything is securely fixed
  • You have added the correct address of the consignee and to make sure that everything can be read by us perfectly
  • The content of the shipment have been fixed and packed properly to protect them
  • The right weight of the contents of the shipment has been mentioned and if more weight is found, we are authorized to unload the contents
  • You have added a secure weight label on the shipment which can be seen by us
  • The contents of the shipment do not have any prohibited items
  • When you have asked us to receive the payment from some third-party and we do not get the payment, we will send you the invoice and you have to pay the charges within 7 days
  • You agree that all the laws have been complied with
  • You have added the correct commercial invoice
  • You agree that you have complied with all the precautions as declared by the legislation makers
  • The shipment must not cross £15,000

The Liability Extent

  • If the shipment is to be carried by air; completely or partially, the convention rules will be applicable
  • We will be liable to pay you the damaged or lost good per kilos as determined by the 1956’s CMR
  • After 7 days’ free storage period in the destination country, Zexfret Ltd has the right to apply demurrage fees of £5 a day per item and a discretionary percentage for cars or any valuable item
  • Zexfret Ltd requires a mandatory signature, proof of ownership of a car or any valuable item to be shipped, e.g. Log Book, invoices and at least 50% deposit for any shipment
  • For any box to be sent to a customer, Zexfret Ltd requires a deposit of £20 with the remaining amount to be paid on collection
  • If after 60 days the customer doesn’t send the box, the deposit compensates the purchase of the box and related expenses
  • Parcels that exceed the weight of 100kg incur an extra charge of £20, or it can be repackaged in two different boxes at the shipper’s expenses.

Liability Exclusions

We will not be liable for the loss of market, income, profit, reputations, use, customers, and opportunities even if we had the idea of consequences if done unintentionally or by accident

We are not liable to fulfil the obligations of the circumstance that are out of the control such as;

  • Natural disasters such as storms, floods, cyclones, fire, earthquakes, fog, and snow
  • Any man-made issues such as strikes, accidents, fires, perils of the air, commotions, and local disputes
  • Local or national level disputes related to air and sea borders
  • The acts of third-parties such as airline, security, and customs issues

We do not accept to make payments on your behalf

We do not offer or accept the common carrier liabilities

Guaranteed Products

If we fail to provide the services in guaranteed time other than issues caused the above-mentioned clauses, we will charge the actual price utilized rather than the quote we submitted at the time of contract

Valuable Goods

If you need to send the fragile items and contents, we advise to not use our services because our services include multiple off-loading and loading in addition to the mechanical handling and the contents can be damaged. If you send the shipments even then, we will be not responsible for the damage

Enhanced Liability

  • We cannot carry the parcel exceeding the 15,000 pounds value and if the items still need to be sent, we will not be responsible for the insurance and you must get it yourself
  • The document shipment can be claimed for up to 350 euros per shipment
  • We will not pay the liability for the natural disasters or the man-made consequences as stated above

Third-Party Claims

You declare that no third person will make a claim regarding the shipment and one must not declare us at fault other the shipper. We are authorized to defend the defaults as much as we need to save the reputation of our company

Claiming Procedure

  • If you need to claim the loss or damage of your shipment, you need to follow the below-mentioned guidelines or else, we are authorized to reject the claims;
  • You need to notify us about the loss within the 7 days of the delivery and you need to return the parcel within 21 days
  • We are not liable to work on the claiming action unless our dues have been paid and you are not allowed to deduct the payment from our charges until the claim is resolved
  • If you do not notify us for the damage or loss within 7 days of the delivery, we will assume that the shipment delivery has been safe and successful
  • If you need to bring in the matter to the court, you can do it within the year of the delivery date
  • If we accept the claims, we are not authorized to answer to any third-party other than your own self
  • The shipment cannot be named lost until 30 days have passed

Payment & Rates

  • You agree to pay all the charges for the carriage between different locations within the 7 days without any deduction, withholding, and the counterclaim
  • You do not have the right to challenge the invoices after the 7 days of invoice generation date
  • All of our charges are calculated as per the current rates of the country
  • We calculate the charged on the basis of weight or the volumetric weight
  • If there is any difference between the declared and actual rate, we are authorized to unload the additional content
  • You will be liable to pay the additional charges such as import and export duties, customs, and value-added taxes
  • If the receiver has to pay and he doesn’t, you are obliged to clear our charges within 7 days of notification
  • Our current mentioned rates are inclusive of the current customs changes and we are authorized to charge extra as per the change in the rates. Moreover, the additional charges will be applied for the areas with strict and more complex customs clearance
  • You might have to pay for some countries in advance given the taxes and penalties associated with them and the local administration fee is to be paid by the receiver. If the receiver refuses to pay, you will be responsible for clearing our dues
  • Our invoice will not have the proof of delivery and if you want that, it needs to be obtained separately by contacting us
  • We are providing the electronic invoice but if you need the paper invoice, the additional administration fee will be charged
  • Our charges are to be paid in the currency mentioned in the invoice or otherwise, you will need to pay the exchange rates
  • If the charges aren’t cleared within the due time, we are authorized to sell off the contents of the shipment to redeem the amount that you owe us
  • You will be obliged to pay the duties, stamp duties, and other taxes for the shipment

Respect Of Employees

You are liable to keep us safe from the harm of claims, costs, and demands arising with the transferor re-employment of;

  • Your current or former employees
  • Your current or former supplier
  • Our employees dedicated to your services
  • Any third-party arising from the contract among us; you and us

Laws & Jurisdiction

  • If one part of this terms and conditions file is declared invalid, all other rules and regulations will be enforced no matter what
  • If there are any disputes that arise from these terms and condition file, the case shall be then taken to the concerned courts of the count

 

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