TERMS AND CONDITIONS OF SERVICES (“Terms and Conditions”)

IMPORTANT NOTICE

When ordering Angie Express’s 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 Angie Express accepts the Shipment unless otherwise agreed in writing by an authorised officer of Angie Express.

“Shipment” means all documents or parcels that travel under one waybill and which may be carried by any means Angie Express chooses, including air, road or any other carrier. A “waybill” shall include any label produced by Angie Express automated systems, waybill, or consignment note and shall incorporate these Terms and Conditions. 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). “Angie Express” means any member of the Angie Express Limited.

1. Customs, Exports and Imports

Angie Express 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 Angie Express believes in its reasonable opinion to be authorised.

2. Unacceptable Shipments

Shipper agrees that its Shipment is acceptable for transportation and is deemed unacceptable if:

3. Deliveries and Undeliverables

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 the Shipment is deemed to be unacceptable, or it has been undervalued for customs purposes, or Receiver cannot be reasonably identified or located, or Receiver refuses delivery or to pay for delivery, Angie Express 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 Angie Express without incurring any liability whatsoever to Shipper or anyone else.

4. Inspection

Angie Express has the right to open and inspect a Shipment without notice.

5. Shipment Charges

Angie Express’s Shipment charges are calculated according to the higher of actual or volumetric weight and any Shipment may be re-weighed and re-measured by Angie Express to confirm this calculation. Shipper shall pay Angie Express for all Shipment charges, ancillary charges and duties and taxes in advance for services provided by Angie Express or incurred by Angie Express on Shipper’s or Receiver’s or any third party’s behalf. All claims, damages, fines and expenses incurred if the Shipment is deemed unacceptable for transport as described in Section 2 shall be reimbursed to Angie Express by Shipper.

6. Angie Express’s Liability

Angie Express’s liability is strictly limited to direct loss and damage 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 Angie Express’s attention before or after acceptance of the Shipment. If a Shipment combines carriage by air, road or other mode of transport, it shall be deemed to have been carried by air. Angie Express’s 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:

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 Section 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 Angie Express within fourteen (14) days from the date that the Shipment arrived destination, failing which Angie Express shall have no liability whatsoever.

8. Delayed Shipments

Angie Express will make every reasonable effort to deliver the Shipment according to Angie Express’s regular delivery schedules, but these schedules are not binding and do not form part of the contract. Angie Express is not liable for any damages or loss caused by delays.

9. Circumstances Beyond Angie Express’s Control

Angie Express is not liable for any loss or damage arising out of circumstances beyond Angie Express’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 Angie Express; any act or omission by a person not employed or contracted by Angie Express - e.g. Shipper, Receiver, third party, customs or other government official; “Force Majeure” - e.g. earthquake, cyclone, storm, flood, fog, war, plane crash or embargo, riot or civil commotion, industrial action.

10. 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 Warsaw Convention governs.

11. Shipper’s Warranties and Indemnity

Shipper shall indemnify and hold Angie Express 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:

12. Routing

Shipper agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places.

13. Governing Law

Any dispute arising under or in any way connected with these Terms and Conditions shall be subject, for the benefit of Angie Express, 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.

14. Severability

The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions.