Each consignment shall be correctly addressed by the Consignor and accompanied by Zajel's form of consignment note, which the Consignor shall properly complete and sign prior to despatch of the consignment. The Consignor is responsible for the correctness of any information given or declaration made and is liable for the consequences of any false or erroneous declaration of information.
(a). Where the Consignor is not the owner of any consignment or part thereof he shall be deemed to be the authorised Agent of the owner(s). The Consignor accepts these conditions for himself and all other persons on whose behalf he/she is acting or is deemed to be acting.
(b). Zajel may sub-contract all or part of this contract and may engage an Agent or any other person (who may also sub-contract) to fulfil all or any part of this contract.
The company is not a common carrier and accepts goods for transport only on those conditions.
No waiver or alterations of or additions to these conditions may be made except in writing signed by a CEO of Zajel.
No Agent or person employed by Zajel may alter, add to or waive any of these conditions and where any oral or written instructions differ from or conflict with these conditions, these conditions shall prevail and such instructions shall be of no effect and shall not waive, vary or modify these conditions.
(a) Zajel, its Agents and Service Providers shall not be liable for any loss, damage, costs or expenses suffered or incurred by the Consignor or any other person arising out of or in connection with this contract or the handling, storage or transport or other dealing with any consignment except where such loss, damage cost or expense shall arise as a direct result of any wilful act of neglect or default by Zajel and then only to the extent of the lesser of: -
(i) AED 110 or
(ii) the value of the consignment or
(iii) the cost of reshipping it (at the Consignor's choice)
(b) Zajel, its Agents and Service Providers , shall not be liable under any circumstances for any special or consequential damages or loss. Special or consequential damages or loss shall include (but not be limited to) commercial and financial loss, special reconstruction costs, substituted costs, loss of interest, profit, income, utility, market or business opportunity, whether or not Zajel, its Agents or Service Providers had knowledge that such damages might be incurred.
(c) The Consignor in writing must make any claim to Zajel within 10 days of the date of claim arising.
No claim will be considered until all transport charges have been paid.
Zajel reserves the following right:
(a) To inspect the consignment, but this inspection shall not constitute a warranty that a particular item is suitable for carriage.
(b) To refuse at its sole discretion at any time to transport any goods tendered for transport (whether before or after such goods are accepted by Zajel for transport).
(c) To reject any goods already accepted for transport if in the opinion of Zajel there is a possibility that the continued transport of such goods may delay the transport of other consignments or cause damage to other consignments, equipment or personnel.
(d) Destroy or otherwise deal with any goods in the consignment where Zajel considers (in its sole discretion) that there may be risk to other goods, property, life or health.
(e) Without prejudice to the generality of the foregoing.
Zajel will not accept except under special arrangements hazardous or combustible material and any items the transport of which is prohibited by any law regulation or statute of any federal state or local government of any country from to or through which consignments may be carried.
A detailed list of prohibited goods is available on request.
If the Consignor consigns to Zajel goods which are unacceptable or which the Consignor has undervalued for customs purposes (whether deliberately or accidentally) then Zajel shall be entitled to return the consignment at the Consignor's expense or, if the Consignor refuses or is unavailable to accept liability for such expenses to deal with the consignment as Zajel sees fit and even abandon transport of the consignment immediately upon Zajel having knowledge that the consignment or part thereof infringes these conditions.
The Consignor expressly warrants to the Company that:
(a) The person handing over the consignment to the company is authorised to sign the consignment note for the company or to affix his stamp.
(b) The Consignor makes this contract in the normal course of its business and holds itself out as so doing.
(c) The description and details related to the consignment shown on the consignment note are correct and in particular the declared value is correct.
(d) It is not illegal for Zajel to convey the consignment under any legislation.
(e) The consignment is properly labelled and addressed.
The company will use all reasonable endeavours to effect customs clearance but will not be liable for any penalties imposed or costs incurred due to delay or refusal by the customs authorities or due to the consignment being impounded by customs or other authorities and the Consignor hereby agrees to indemnify the Company on demand against any such penalty or loss.
Transport charges, supplementary charges, customs duties and other charges incurred from the time of acceptance of goods for transport to the time of delivery of such goods shall be paid by the Consignor as per the relevant authority or body.
Subject to payment of Zajel's charges in accordance with the rates in effect on the day of acceptance of the consignment by Zajel, Zajel will transport the consignment between destinations as agreed between it and the Consignor as expeditiously as possible. Zajel reserves the right to carry the consignment by any route and procedure. The Consignor will not seek to impose upon any Agent or sub-contractor of Zajel liability greater than that accepted by Zajel under these conditions.
No insurance will be effected except upon express instructions given in writing by the Consignor to Zajel, when the usual exceptions and conditions of the policies of the insurance company or underwriters taking the risks shall apply. Zajel shall not be under any obligation to effect separate insurance for each consignment but may declare it on any open or general policy. If the insurers under any policy dispute liability for any reason, the Consignor shall recourse against the insurer only and Zajel, its Agents and Service Providers shall not be under any responsibility or liability whatsoever in relation thereto.
(a) Zajel is authorised to deliver the consignment to the address marked on the Consignment Note. Zajel shall be deemed to have delivered the consignment in accordance with this contract if at that address it obtains from any person a receipt or signed delivery form.
(b) Where for any reason the consignment cannot be delivered at the address marked on the consignment Note, or where the consignment is to be held for collection or is not removed within five working days, Zajel shall be under no liability for loss or damage to the Consignor and will within 14 days after giving to the Consignor or the Consignee notice by post or otherwise (including public notice where the names and addresses of the Consignor and Consignee are not known) be entitled to sell the same and may deduct out of the proceeds of sale all proper charges in respect of the transport and warehousing of the goods and any other expenses incurred by Zajel.
(a) Payment of the charges made by Zajel for or in connection with the transport of any consignment shall be made by the Consignor on the 20th day of the month following Zajel's invoice for such consignment.
(b) At its own discretion Zajel may, on request by the Consignor, transport a Consignment on the basis that payment of Zajel's charges shall be made by the Consignee on delivery of the Consignment provided that the Consignor shall remain liable to make such payment if the Consignee fails or refuses to do so upon Zajel tendering the Consignment for delivery to the Consignee.
In such cases, Zajel shall not be required to deliver the Consignment until payment is made.
Zajel shall have a particular and general right of detention on all goods in its possession for all sums due at any time from the Consignor, the Consignee or the owner of the goods whether under this or any other contract between the Consignor and Zajel. In the event of Non-payment of Zajel's charges within 21 days after this due date, Zajel shall be entitled to sell or otherwise dispose of any Consignment and apply the proceeds towards the payment of such sums.
This contract shall be governed by and construed in accordance with U.A.E. Law and the parties submit to the jurisdiction of the U.A.E. Court.