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 facilities.
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 or:
- $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 whatsoever.
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 objectionable.
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 operators.
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.