TERMS AND CONDITIONS FOR USING THIS WEBSITE AND SERVICES OF FAIR EXPRESS LTD
All services that the visitor of this website requests and purchases
through Fair Express Ltd are subject to the following terms, conditions
and notices as they exist at the time the purchase of the relevant
services has been made.
We reserve the right to change these terms, conditions and notices and
you agree to accept and be bound by the terms, conditions and notices
that are in effect at the time of your use of our website and
The terms "we", "us" and "Company" refers to Fair Express Ltd, its
affiliates and/or their respective suppliers and providers, and "you"
refers to the customer using shipping or other Fair Express Ltd services
though us directly through this website, or indirectly through any of
our affiliates through whom we provide services.
PERSONAL AND NONCOMMERCIAL USE LIMITATION
This website is for your personal and noncommercial use. The content and
information on this website (including, without limitation, price and
availability of shipping services), as well as the infrastructure used
to provide such content and information, is proprietary to Fair Express
Ltd. Accordingly, as a condition of using this website, you agree not to
use this website or its contents or information for any commercial or
non-personal purpose (direct or indirect). While you may make limited
copies of your shipping itinerary (and related documents) for shipping
or services purchased through this website, you agree not to modify,
copy, distribute, transmit, display, perform, reproduce, publish,
license, create derivative works from, transfer, or sell or re-sell any
information, software, products, or services obtained from this website.
The information, software, products and services published on this
website may include inaccuracies or typographical errors. Changes are
periodically added to the information herein. Fair Express Ltd may make
improvements and/or amendments to this website at any time.
All such information, software, products and services are provided “As
Is” without warranty of any kind. Fair Express Ltd, hereby disclaims all
warranties and conditions with regard to this information, software,
products and services.
The carriers, warehouses, handling agents and other suppliers providing
transport, storage or other services for Fair Express Ltd are
independent contractors and are not agents of employees of Fair Express
Ltd. Fair Express Ltd is not liable for the acts, errors, omissions,
representations, warranties, breaches or negligence of any such
suppliers or for any personal injuries, death, property damage or other
damages or expenses resulting therefrom.
Fair Express Ltd has no liability and will make no refund in the event
of any delays, re-routing and/or additional expenses caused by public
strikes (public transport, airlines, etc.), cancellation, overbooking,
or any other force majeure causes beyond Fair Express Ltd direct control
(acts of any Government, or authority, forces of nature, etc.).
TERMS AND CONDITIONS OF CARRIAGE AND ALL RELATED SERVICES
When ordering Fair Express Ltd services you, as “Shipper”, 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
Fair Express Ltd accepts the Shipment. Your statutory rights and
entitlements under any defined service feature (for which additional
payment has been made) are not affected.
“Shipment” means all documents or parcels that travel under one waybill
and which may be carried by any means Fair Express Ltd chooses,
including air, road or any other carrier. Every Shipment is transported
on a limited liability basis as provided herein. If Shipper requires
greater protection, then insurance may be arranged at an additional
cost. (Please see below for further information).
1. Customs, Exports and Imports
Fair Express Ltd may perform any of the following activities on
Shipper’s behalf in order to provide its services to Shipper: (1)
complete any documents, amend product or service codes, and pay any
duties or taxes required under applicable laws and regulations, (2) act
as Shipper’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
Fair Express Ltd believes in its reasonable opinion to be authorized.
2. Unacceptable Shipments
Shipper 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 Organisation), any
applicable government department or other relevant organization
- its packaging is defective or inadequate.
- no customs declaration is made when required by applicable customs regulations; or
- Fair Express Ltd decides it cannot transport an item safely or
legally (such items include but are not limited to: animals, bullion,
currency, bearer form negotiable instruments, precious metals and
stones, firearms, parts thereof and ammunition, human remains,
pornography and illegal narcotics/drugs)
3. Deliveries & Undeliverable
Shipments cannot be delivered to PO Boxes or postal codes. Shipments are
delivered to the Receiver’s address given by Shipper (which in the case
of mail services shall be deemed to be the first receiving postal
service) 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, Fair Express Ltd shall use reasonable efforts to return the
Shipment to Shipper at Shipper’s cost failing which the Shipment may be
released, disposed of or sold by Fair Express Ltd without incurring any
liability whatsoever to Shipper 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 Shipper.
Fair Express Ltd or other parties authorized by Fair Express Ltd has the
right to open and inspect a Shipment without prior notice to Shipper.
5. Shipment Charges & Billing
Shipment charges are calculated according to the higher of actual or
volumetric weight and any Shipment may be re-weighed and re-measured by
Fair Express Ltd to confirm this calculation. Payment for the services
requested by Shipper must be paid in full, by credit, debit card, or
bank transfer at the time of booking. We try to stipulate prices
accurately and all inclusively, but the prices are subject to change.
For example if there are any increases in sales tax or the like, then we
reserve the right to pass these on.
Shipper shall pay or reimburse Fair Express Ltd for all Shipment
charges, storage charges, duties and taxes owed for services provided by
Fair Express Ltd or incurred by Fair Express Ltd on Shipper’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.
6. Fair Express Ltd‘ Liability
Fair Express Ltd’ liability is strictly limited to direct loss only and
to the per kilo/Ib limits in this Section 6. 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
Fair Express Ltd’ attention before or after acceptance of the Shipment
since special risks can be insured by Shipper. 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. Fair Express Ltd’ 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 the greater of $US 100
- $US 25.00/kilogram or $US 11.34/lb for Shipments transported by air or other non-road mode of transportation; or
- $US 12.00/kilogram or $US 5.44/lb for Shipments transported by road (not applicable to the US).
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 Shipper 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 Shipper assumes all risks of loss or damage.
7. Time Limits for Claims
All claims must be submitted in writing to Fair Express Ltd within
thirty (30) days from the date that Fair Express Ltd accepted the
Shipment, failing which Fair Express Ltd shall have no liability
8. Shipment Insurance
Fair Express Ltd can arrange insurance for Shipper covering the actual
cash value in respect of loss of or physical damage to the Shipment.
Shipment insurance does not cover indirect loss or damage, or loss or
damage caused by delays.
9. Delayed Shipments
Fair Express Ltd will make every reasonable effort to deliver the
Shipment according regular delivery schedules, but these are not
guaranteed and do not form part of the contract. Fair Express Ltd is not
liable for any damages or loss caused by delays.
10. Circumstances beyond Fair Express Ltd’ control
Fair Express Ltd is not liable for any loss or damage arising out of
circumstances beyond Fair Express’ control. These include but are not
limited to:- “Act of God” - e.g. earthquake, cyclone, storm, flood, fog;
“Force Majeure” - e.g. war, plane crash or embargo; any defect or
characteristic related to the nature of the Shipment, even if known to
Fair Express Ltd; riot or civil commotion; any action or omission by a
person not employed or contracted by Fair Express e.g. Shipper,
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.
11. International conventions
If the Shipment is transported by air and involves an ultimate
destination or stop in a country other than the country of departure,
the Montreal Convention, or the Warsaw Convention as applicable,
governs. For international road transportation, the Convention for the
International Carriage of Goods by Road (CMR) may apply. These
conventions limit Fair Express’s liability for loss or damage.
12. Shipper’s Warranties and Indemnity
Shipper shall indemnify and hold Fair Express Ltd harmless for any loss
or damage arising out of Shipper’s failure to comply with any applicable
laws or regulations and for Shipper’s breach of the following
warranties and representations:
- all information provided by Shipper or its representatives is complete and accurate;
- the Shipment was prepared in secure premises by Shipper’s employees;
- Shipper employed reliable staff to prepare the Shipment;
- Shipper protected the Shipment against unauthorized interference
during preparation, storage and transportation to Fair Express Ltd;
- the Shipment is properly marked and addressed and packed to ensure safe transportation with ordinary care in handling;
- all applicable customs, import, export and other laws and regulations have been complied with; and
- the waybill has been signed by Shipper’s authorized representative
and the Terms and Conditions constitute binding and enforceable
obligations of Shipper.
Shipper agrees to all routing and diversion, including the possibility
that the Shipment may be carried via intermediate stopping places.
14. Governing Law
These Terms are subject to Bulgaria Law and you hereby submit to the exclusive
jurisdiction of the Courts of the Republic of Bulgaria.
Feedback and comments to firstname.lastname@example.org or contact us.
The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions.
16. Use of client contact information
You agree and consent that we may use your contact information (i.e.
e-mail, postal address and/or other contact details) in order to contact
you in the event of a problem with the shipment.
17. Use of Fair express Ltd website
You agree not to upload, post, email, transmit or otherwise make
available any content that is unlawful, harmful, threatening, abusive,
harassing, tort, defamatory, vulgar, obscene, libelous, invasive of
another’s privacy, hateful or racially, ethnically or otherwise
These terms and the agreement are between you and us. You are not entitled to assign or delegate your rights under them.
Any complaint regarding the service delivered must be notified to email@example.com.
20. Accuracy of information
Information and listings are compiled from information provided by the
suppliers or partners. We publish such information in good faith, based
on the information provided. We have taken reasonable care to ensure
that the content of the website including all information and listings
are accurate and up-to-date. As such, we cannot be responsible for
inaccuracies, errors, omissions or misleading information contained in
the listings or information.
LINKS TO THIRD-PARTY SITES
This website may contain hyperlinks to websites operated by parties
other than Fair Express Ltd. Such hyperlinks are provided for your
reference only. Fair Express Ltd does not control such websites and is
not responsible for their contents or your use of them. Fair Express's
inclusion of hyperlinks to such websites does not imply any endorsement
of the material on such websites or any association with their
MODIFICATION OF THESE TERMS AND CONDITIONS
Fair Express Ltd, reserves the right to change the terms, conditions,
and notices under which this website is offered and you agree to accept
and be bound by those terms, conditions, and notices that are in effect
at the time of your use of Fair Express Ltd’s website and facilities.