Terms & Conditions

CONDITIONS OF CONTRACT

1. In these conditions

(a) ‘Company’ means SkyRacer International Express Limited

(b) ‘Goods’ means any documents or things (including containers and packaging) consigned by a customer from one address to another.

(c) ‘Customer’ means any individual, firm, body corporate, unincorporated association or other body, who consigns Good as aforesaid.

2. The Company is not a Common Carrier and accepts Goods for conveyance on and subject exclusively to these Conditions. No servant or agent of the Company

has any authority to alter, vary or waive any provision of this Contract in any respect.

3. The Company accepts Goods for conveyance on the basis that (a) – (g) below of these Conditions are all fulfilled and the Customer irrevocably warrants that they

are so fulfilled.

(a) That the Customer is either the owner of or acting as the fully authorised agent for the owner of the Goods and that if any other person has an interest in the

Goods the Customer is acting as his fully authorised agent also.

(b) That the Goods do not compromise or include weapons, ammunition or explosives.

(c) That the Goods do not compromise or include a letter or letters which the United Kingdom Post Office has an exclusive right to convey

(d) That the Goods to not compromise or include drugs, documents or things which it is illegal to have in possession in the United Kingdom or elsewhere.

(e) That the Goods do not compromise or include documents or other things which it is illegal to take out of England or to take into the country to which they are

consigned.

(f) That the Company has been given express prior written and detailed notice of the toxic corrosive, combustible or flammable nature of any goods.

(g) That unless packed by the Company of the Goods are packed to the Customer’s complete satisfaction and in strict compliance with all relevant packing

regulations.

4. The Customer shall pay the Company in respect for each consignment of the Customer’s Goods in accordance with the Company’s tariff charges in force at the

time of each consignment, details or which are available on request from the Company. Payments shall be made promptly and, in any event, within 14 days from the

date of the Company’s invoice/statement. No deductions or retentions shall be made by the Customer on account of any alleged claims against the Company for

compensation or otherwise.

5. In the event that the Company pays or agrees to pay to any third party any duty and/or taxes and/or levy in respect of any Customer’s Goods:-

(a) The Company shall do so on the sole basis that in doing so it is acting as the Customer’s fully authorised agent.

(b) Whether or not delivery of the Goods is actually made to the address to which they are consigned, immediately upon receipt of the Company’s duty invoice in

respect of such duty and/or tax and/or levy the Customer shall settle such Duty Invoice in full.

(c) In the event of any Customer failing to comply with sub-condition (b) above the Company shall be at full liberty to deal with the goods in accordance with

Condition 15 below.

6. No insurance cover for Goods shall be arranged by the Company unless a written request is received by the Company from the Customer prior to the Company

accepting the Goods for conveyance. For the avoidance of doubt, no insurance for the Goods shall be deemed or assumed to have been arranged by the Company

unless written confirmation of the client.

7. The Company is entitled to convey Goods:-

(a) By its own servants and/or by any airline, delivery Company and/or other independent contractor.

(b) By any means of conveyance.

8. If, for any reason beyond the Company’s control, it is unable to convey the Goods to the address to which they are consigned, or to effect delivery on the said

address:-

(i) the Company shall endeavour to communicate with the Customer and request a new address to which the Goods can be delivered in the country in which the

Goods are then lying.

(ii) If the Company is unable to communicate with the Customer within a reasonable time, or if it is not provided with a new address for delivery by the Customer

within a reasonable time, the Company shall be at liberty to deal with the Goods in accordance with Condition 15 hereafter set out or to destroy them.

9. The total liability of the Company to pay to the Customer compensation for loss, damage, misdelivery or delay occurring in respect of the Goods, whether caused

solely by the Company’s negligence or default of the Company’s servants shall be limited to the lesser of the Declared Value for Carriage of the Goods (stipulated in

the Waybill) or three times the tariff charged/payable in respect of the Company’s conveying the Goods and:-

(a) No compensation shall be payable by the Company to the Customer in respect of indirect or consequential loss.

(b) No compensation whatsoever shall be payable in the event that the Customer falls within 3 days of any loss, damage, misdelivery or delay occurring to the

Goods becoming known to the Customer to report this to the Company at its registered office by recorded delivery first class letter.

(c) No compensation whatsoever shall be payable in the event that the Customer falls within 7 days of any loss, damage, misdelivery or delay occurring to the

Goods to report this to the Company at its registered office by recorded delivery first class letter.

(d) No compensation whatsoever shall be payable in the event that any legal proceedings commence against the Company by the Customer relating to any claim for

compensation as aforesaid are not brought within the period of 2 years commencing with the date of the alleged loss, damage, misdelivery or delay.

(e) No compensation shall be payable in the event of loss, damage, misdelivery or delay caused by events beyond the Company’s control, including but not limited

to acts of God, perils of the air, adverse weather conditions, mechanical delays, acts of war, hostilities, civil commotions, strikes, industrial action, acts of public

enemies or acts or omissions of public authorities (including customers and quarantine officials) with actual or apparent authority.

10. Save as provided in Condition 9 above the Company shall not be under any other liability whatsoever arising to the Customer in respect of the Goods.

11. Without predjudice to the generality of Condition 10 above for the avoidance of doubt the Company shall not be liable in respect of any losses caused.

(a) Partly by its negligence and/or the negligence of its servants and partly by the negligence of the Customer.

(b) By any independent contractor in any manner whatsoever.

12. The Company’s servants on whose behalf the Company contracts shall not be under any liability whatsoever in respect of the Goods.

13. In the event of any loss, damage, misdelivery or delay occurring in respect of the Goods by reason of any act or default of an independent Contractor of the

Company shall at the Customer’s request assign to the Customer any right of action which the Company may have against the independent contractor.

14. The Customer shall indemnify the Company against:-

(a) Any expenses incurred as a result of the Company’s inability for any reason beyond its control to convey or deliver the Goods to the address to which they were

assigned or at all.

(b) Any claims, costs and/or demands by third parties relating to the Goods.

(c) Any unusual expenses incurred by the Company as a result of it conveying the Goods.

15. The Company shall have a lien for any amount due under the Contract and the cost of recovering the same. If any lien is not satisfied within a reasonable time,

the Company shall be at full liberty to sell the Goods either privately or by auction and to apply the proceeds of any such sale in or towards discharge of the lien and

the expense of the sale.

16. This Contract shall be governed by English Law and any dispute under it shall be within the exclusive jurisdiction of the English Courts.