Disclaimer of Warranties
The services, the content and the information on this web site are provided on an “as is” basis. Seabreeze Couriers, to the fullest extent permitted by law, disclaims all warranties, whether express, implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties rights and fitness for a particular purpose. Seabreeze Couriers, its affiliates and licensors make no representations or warranties about the accuracy, completeness, security or timeliness of the services, content or information provided on or through the Seabreeze Couriers website or systems. No information obtained via the Seabreeze Couriers systems or website shall create any warranty not expressly stated by Seabreeze Couriers in these terms and conditions.
Some jurisdictions do not allow limitations of implied warranties, so the limitations and exclusions in this section may not apply to you. If you are dealing as a consumer, these provisions do not affect your statutory rights that cannot be waived, if any. You agree and acknowledge that the limitations and exclusions of liability and warranty provided in these terms and conditions are fair and reasonable.
1. OUR CONTRACT WITH YOU
These terms and conditions together with those available from our international offices are all the terms of the contract between you the sender of the shipment and us. When you give us your shipment you accept our terms both for yourself and for anyone else who has an interest in the shipment. Our Terms & Conditions also protect anyone who we may contract to collect, transport or deliver your shipment. No employee of Sea breeze couriers (UAE) or anyone else has any authority to change any of our terms and conditions or make any promise on our behalf.
2. WHAT SHIPMENT MEANS
Shipment” means all documents or parcels that travel under on airway bill. You certify that shipment details are complete and accurate.
3. INTERNATIONAL SHIPMENTS
You appoint us as your agent to conduct Customs clearance and entry and certify Sea Breeze Couriers (UAE) as consignee solely for the purpose of designating a customs broker to perform customs clearance and entry.
4. SHIPMENTS WE DO NOT ACCEPT
- We do not accept as a shipment, anything that
- Is restricted by IATA (International Air Transport Association) or ICAO (International Civil Aviation Organization)
- We decide you cannot transport safely or legally you certify that your shipments is not restricted by any of the above
5. INSPECTION AND CHARGING
You agree that we may open and inspect a shipment for any reason at any time. We charge according to the higher of actual or volumetric weight.
If you wish to claim for a lost (includes wrongly delivered) or damaged shipment.
- You must claim in writing
- We must receive your claim within 30 days from the date that we accept your shipment
- Please send or take your claim to your nearest Sea Breeze Couriers (UAE) office
By the conditions set out below Sea Breeze Couriers and its employees and agents are firstly not liable at all for certain losses and damage and secondly wherever that are to be liable, the amount of liability is strictly limited to the amount stated in condition 8. Customers are therefore advised to purchase insurance coverage to ensure that their interests are protected. See condition 9 insurance below
7. WHAT WE ARE NOT LIABLE FOR (EXTENT OF OUR LIABILITY)
Subject to conditions 10 and 11 in respect of any one shipment our liability for any loss or damage however occasioned limited to the lowest of these amounts
- Maximum US$ 100, or
- The actual amount of any losses or damage suffered by you
- The actual value of the shipment. This does not include any commercial value or special value to you or to any other person
- Shipment value declared by you at the time of booking the consignment
8. WHAT WE MEAN BY ACTUAL VALUE
The lowest of the following amount, determined as at the time and place we accepted the shipment
- The cost of repairing or replacing the documents, or
- The cost of reconstructing or reconstituting the document wherein it is assumed that you will not make Sea Breeze Couriers (UAE) liable for any losses or damages related to the shipment.
- The cost of repairing or replacing the parcel, or
- The resale or fair market value of the parcel, but under any circumstances Sea Breeze Courier will not exceed more than US$ 100.
- The actual value of a parcel cannot be more than the original cost to you plus 10 percent.
- Sea Breeze Couriers (UAE) maintain shipment (cargo) liability insurance to the full extent of the liability offered to the shipper.
At the request of the shipper and upon payment therefore at the then prevailing rates, Sea Breeze Courier will arrange insurance coverage on behalf of the shipper in the amount equivalent to the value of the invoice produced by the shippers.
The insurance covered shall be governed by all the terms and conditions contained in the policy of insurance issued by insurance carrier. A certificate evidencing such insurance will be made available to the shipper. If you do not the shipment insurance, it is assumed that you will not make Sea Breeze Couriers (UAE) responsible for any losses or damages related to the shipment what so ever.
10. CIRCUMSTANCES BEYOND OUR CONTROL
We shall make every reasonable effort to deliver your shipment according to our normal delivery schedule but we are not liable if a shipment is lost, damaged, delayed or misdelivered because circumstances beyond our control include
- Act of God, for example earthquake, cyclone storm or flood
- Force Majeure, for example war, plane crash or embargo
- Any defect or characteristic with the nature of the shipment. Even if it is known tous when we accepted it
- Any action or mission by anyone outside Sea Breeze Courier i.e.
- The sender of the shipment
- The receiver of the shipment
- An interested third party
- Customs or other government officials
- The postal service, other carrier or third party that we contract to serve locations that we do not serve directly
- We are not liable even if the sender did not ask for or know about a third party arrangement.
- We are also not liable for the electrical or magnetic damage to, or ensure of electronic or photographic image or recordings, damaged on account of handling in transit.
11. CONSEQUENTIAL DAMAGES
We are not liable for the following, whether they arise in contract or any other form of civil action, including negligence and even if they are our fault.
- Consequential or special damages or losses
- Other indirect losses
- Breach of other contracts
Consequential damages or losses include, but are not limited to lost income, profits, interest, markets, loss of contracts/Goodwill
12. WARSAW CONVENTION
If the transportation of a shipment involves an ultimate destination or stop in a country other than the country of departure, the Warsaw convention may apply. The convention governs and in most cases furthers limits, our liability or damage to such shipment.
13. PROOF OF DELIVERY
Sea Breeze Couriers (UAE) will not give a hard copy POD to you.
You will agree that we may settle your claims in the following manner as decided by Sea Breeze Couriers (UAE) on case to case basis.
- A free of cost (FOC) delivery of replacement /reconstructed shipment or Cheque payment of settlement amount.
15. NON DELIVERABLE SHIPMENTS
Sea Breeze Couriers (UAE) does not take any responsibility whatsoever for service failure (i.e., delay / non-delivery), if you book a consignment without telephone / fax no: / improper / incomplete address / refusal to accept the shipment by receiver. Further in case a shipment is non-deliverable for any reason attributable to you and for reasons beyond our control you authorize us to treat them as follows, as decided by
Sea Breeze Couriers (UAE) on case to case basis.
- Abandon the shipment
- Mail by the local postal mode from the nearest transit point
You further agree to pay the additional correction / distribution / RTO charges towards problems arising to Sea Breeze Couriers (UAE) on non-deliverable shipments, due to mistake accountable to you.
16. DUTIABLE GOODS:
In case the goods booked by you attract duties at the destination airport, the same as payable by the receiver. Sea Breeze Couriers (UAE) is not responsible for any delay or otherwise, due to non-co-operation of the receiver. However additional charges as given below and as decided by sea Breeze Couriers (UAE) Est. on case to case basis would be collected from receiver in advance before clearing the shipment from customs.
- Service / Clearing charges
- All duties, taxes / penalties / fines / charges payable on the shipment
If the receiver refuses to pay the above you agree to pay us the same. Further any liabilities arising out of this such as confiscation of goods, legal proceedings or otherwise by respective authorities etc. would be purely on account of the receiver and yourself.