When ordering SAITA's services you, as "Shipper", are agreeing, on your behalf and on behalf of the consignee of the Shipment ("Consignee") and anyone else with an interest in the Shipment that these Terms and Conditions shall apply.
"Shipment" means all documents or parcels that travel under one waybill and which may be carried by any means SAITA chooses, including air, road, or any other carrier. A "waybill" shall include any Shipment identifier or document produced by SAITA or Shipper automated systems such as a label, barcode, waybill, or consignment note as well as any electronic version thereof. 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). "SAITA" means any member of the SAITA Express Network.
1. Customs Clearance and Regulatory Compliance
SAITA may perform any of the following activities on the Shipper's or Consignee’s behalf in order to provide services: (1) complete any documents, amend product or service codes, and advance any duties, taxes, or other regulatory charges required under applicable laws and regulations ("Customs Duties"), (2) act as Shipper’s or Consignee's true and lawful agent or designate a customs broker to perform export control and customs clearance and (3) redirect the Shipment to Consignee's customs broker or other address upon request by any person who SAITA believes in its reasonable opinion to be authorized. The shipper or Consignee will provide any extra authorization required by applicable law for SAITA to clear a Shipment.
2. Unacceptable Shipments
A Shipment is deemed unacceptable if:
3. Deliveries and Undeliverables
Shipments cannot be delivered to PO boxes or postal codes. Shipments are delivered to the Consignee's address given by Shipper but not necessarily to the named Consignee personally. Shipments to addresses with a central receiving area will be delivered to that area.
SAITA may notify Consignee of an upcoming delivery or a missed delivery. Consignee may be offered alternative delivery options such as delivery on another day, no signature required, redirection, or collection at a SAITA Service Point.
If the Shipment is deemed to be unacceptable as described in Section 2, it has been undervalued for customs purposes, Consignee cannot be reasonably identified or located, or Consignee refuses delivery or to pay Customs Duties or other Shipment charges, SAITA shall use reasonable efforts to return the Shipment to Shipper. This shall be at Shipper's cost. If it is not possible to return the Shipment, it may be released, abandoned, disposed of, or sold without incurring any liability whatsoever to Shipper or anyone else. SAITA shall have the right to destroy any Shipment if SAITA is prevented by any law or law enforcement agency from returning it in whole or in part to Shipper, as well as any Shipment of Dangerous Goods.
SAITA has the right to open and inspect a Shipment without notice for safety, security, customs, or other regulatory reasons.
5. Shipment Charges, Duties, and Fees
SAITA's Shipment charges are calculated according to the higher actual or volumetric weight per piece and any piece may be re-weighed and re-measured by SAITA to confirm this calculation.
Payment of Customs Duties and other charges due as indicated on SAITA's website in the receiving country may be requested from Consignee prior to delivery
This includes a fee if SAITA uses its credit with the Customs Authorities or pays any Customs Duties on Consignee's behalf. The shipper shall pay or reimburse SAITA for all Customs Duties and other charges due for services provided by SAITA or incurred by SAITA on Shipper's or Consignee's behalf if Consignee has failed to pay.
6. SAITA's Liability
6.1 SAITA's liability in respect of any one Shipment transported by air (including ancillary road transport or stops en route) is limited by the Montreal Convention or the Warsaw Convention as applicable, or in the absence of such Convention, to the lower of (i) the current market or declared value, or (ii) 22 Special Drawing Rights per kilogram (approximately $US 30.00 per kilogram). Such limits shall also apply to all other forms of transportation, except where Shipments are carried only by road when the limits below apply.
For cross border Shipments transported by road, SAITA's liability is or shall be deemed to be limited by the Convention for the International Carriage of Goods by Road (CMR) to the lower of (i) current market value or declared value, or (ii) 8.33 Special Drawing Rights per kilogram (approximately $US 11.00 per kilogram). Such limits will also apply to national road transportation in the absence of any mandatory or lower liability limits in the applicable national transport law.
If Shipper regards these limits as insufficient it must make a special declaration of value and request insurance as described in Section 8 or make its own insurance arrangements.
SAITA's liability is strictly limited to direct loss and damage to a Shipment only and to the per kilogram limits in this Section 6. All other types of loss or damage are excluded (including but not limited to lost profits, income, interest, and future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to SAITA's attention.
6.2 SAITA will make every reasonable effort to deliver the Shipment according to SAITA's regular delivery schedules, but these schedules are not binding and do not form part of the contract. SAITA is not liable for any damages or loss caused by delay, but for certain Shipments, Shipper may be able to claim limited delay compensation under the Money Back Guarantee terms and conditions.
All claims must be submitted in writing to SAITA within thirty (30) days from the date that SAITA accepted the Shipment, failing which SAITA shall have no liability whatsoever. Claims are limited to one claim per Shipment, the settlement of which will be full and final settlement for all loss or damage in connection therewith.
8. Shipment Insurance
SAITA may be able to arrange insurance for loss of or damage to the Shipment, covering the full value of the goods, provided that Shipper so instructs SAITA in writing, including by completing the insurance section of the waybill or using SAITA's automated systems and pays the applicable premium. Shipment insurance does not cover indirect loss or damage, or loss or damage caused by delays.
9. Circumstances Beyond SAITA's Control
SAITA is not liable for any loss or damage arising out of circumstances beyond SAITA's control. These include but are not limited to electrical or magnetic damage to, or erasure of, electronic or photographic images, data, or recordings; any defect or characteristic related to the nature of the Shipment, even if known to SAITA; any act or omission by a person not employed or contracted by SAITA - e.g. Shipper, Consignee, third party, customs or other government officials; third party cyber-attacks or other information security related threats; "Force Majeure" - e.g. earthquake, cyclone, storm, flood, fog, war, plane crash, embargo, riot, epidemic, pandemic, civil commotion, or industrial action.
10. Shipper's Representations, Warranties, and Indemnities
Shipper shall indemnify and hold SAITA and its directors, officers, employees, and agents harmless from and against all and any liabilities, losses, and damages arising out of the Shipper’s failure to comply with the following warranties and representations:
The shipper agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places.
12. Governing Law
Any dispute arising under or in any way connected with these Terms and Conditions shall be subject to the non-exclusive jurisdiction of the courts of, and governed by the law of the country of origin of the Shipment and Shipper irrevocably submits to such jurisdiction, unless contrary to applicable law.
The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions.