These Conditions of Carriage EXCLUDE LIABILITY on the part of SAROKH Company and its employees or agents for loss, damage and delay in certain circumstances; LIMIT LIABILITY to stated amounts where liability is accepted and REQUIRE NOTICE OF CLAIMS within strict time . Senders should note these Conditions carefully and where necessary obtain insurance cover in order to protect their interests.
1.1 These Conditions apply to the carriage of Shipments from and between selected specified SAROKH locations within selected countries, utilizing services or service options of SAROKH (if and where available). These services may be modified by SAROKH Company from time to time. Upon request, customers can be informed about the areas that are served by SAROKH Company.
1.2 In case of conflict between these Conditions and the terms and conditions on any SAROKH Company Air Waybill, manifest, shipping label or other transit documentation, our Conditions of Carriage control to the extent that they do not conflict with the mandatory rules relating to liability to international carriage; or, shipments carried from and between specified locations within one country, with the mandatory rules relating to liability for carriage provided by the laws of that country.
1.3 These conditions (which term includes those agreements and conventions Company referred to herein) represent the entire agreement between the parties and, subject to section 1.3, shall prevail over, exclude and supersede any other terms or conditions, oral or written, wherever appearing or made and, in particular, any terms and conditions sought to be incorporated by the Sender or any other written and oral statements concerning these Conditions. The Sender confirms that it does not rely upon or claim any other terms, warranties, conditions or representations relating to the use of the services under this Agreement.
1.4 The Arabic language version of these Conditions of Carriage supersedes all other versions.
Applied shall be those rates applicable and in force at the time that the contract of carriage is made.
3.1 if applicable, duties and taxes may be assessed on the contents of Shipments.
3.2 REGARDLESS OF ANY PAYMENT INSTRUCTIONS OR PROVISIONS TO THE CONTRARY, THE SENDER SHALL ALWAYS REMAIN ULTIMATELY LIABLE FOR THE CHARGES INCLUDING ANY DUTIES AND TAXES, IF ANY,
3.3 For currency conversion, SAROKH may apply a conversion fee. Please read our Conditions of Carriage.
4. Invoice Adjustments/ Dimensional Weight
4.1 If the service selected or weight entered is incorrect. SAROKH Company may make appropriate corrections to the Air Waybill and appropriate adjustments to the invoice at any time and will be entitled to charge a special handling fee for having to make such corrections and amendments.
4.2 Charges may be assessed based on dimensional weight.
5. Refusal or Rejection of Shipment(s)
SAROKH Company reserves the right to refuse, hold, cancel, postpone or return any Shipment at any time if such Shipment would in the opinion of SAROKH Company be likely to cause damage or delay to other Shipments, goods or persons, or the carriage of which is prohibited by law or is in violation of any of these Conditions. The fact that SAROKH Company accepts a Shipment does not mean that such Shipment confirms to applicable laws and regulations or to the present Conditions.
Package size and weight restrictions vary by country or SAROKH Services. Please see www.sarokh.net and our Conditions of Carriage.
7. Items Unacceptable for Carriage
7.1 The following items are not acceptable for carriage to any destination unless otherwise agreed by SAROKH: money, explosives, human corpses or body parts, cash on delivery shipments, firearms, plants and seeds, perishables, pornography, hazardous waste, dangerous goods, dead or live animals, etc. For a complete list of unacceptable items please read our Conditions of Carriage.
8. Packing and Markings
8.1 All Packages must be prepared and packed by the Sender for safe transportation by air and road assuming ordinary care in handling in an Company-transportation environment and in compliance with all applicable laws, regulations and rules, including those governing packing, marking and labeling
8.2 SAROKH Company shall not be liable for any damage arising out of changes in temperature or pressure.
9. Inspection of Shipments
9.1 SAROKH Company, at its sole discretion, or upon the request of the competent authorities, open and inspect any Shipment without notice at any time, and shall incur no liability of any kind therefore.
9.2 In accordance with applicable regulations SAROKH Company is required to undertake (random) X-ray screening. Sender and Recipient hereby waive any possible claims for damages or delays as a result of screening.
10. Customs Clearance
10.1 In the event of any failure to provide and/or complete accurately all necessary customs and export laws documentation (including the Air Waybill) SAROKH will assume no liability to the Sender or any other person for any loss, expense or delay due to the Sender’s failure to comply with this provision.
10.2 SAROKH reserves the right to assess the extra charges for customs clearance or for services ancillary to the customs clearance of shipments.
11. Duties and Taxes
11.1 If and where applicable, Without prejudice to Sections 4.5 and 4.6., SAROKH Company may elect to advance on behalf of the party responsible for payment thereof (“the Payer”), any duties and taxes as assessed by Customs.
11.2 Any Shipments may be delayed if SAROKH Company is not able to obtain satisfactory confirmation of arrangements to reimburse it for amounts to be advanced for duties and taxes.
11.3 If SAROKH advances duties and taxes it reserves the right to assess a surcharge.
12. Routing and Delivery
12.1 SAROKH may deliver to the Recipient at the selected address of Sarokh POD, or to someone other than the person or entity named on the Air Waybill having apparent authority to accept the Shipment in the name and on behalf of the Recipient. The Shipper recognizes and explicitly accepts that in certain destination countries, the delivery may be made to a third party or to a letterbox or any other place accessible to the Recipient. Shipments cannot be delivered to post box addresses.
12.2 SAROKH Company shall not be liable in any circumstances for any claim, which relates to seizure or detention of goods in the course of transit by customs or other government authorities.
13. Declared Value and Limits of Liability
13.1 Unless the Sender enters a higher Declared Value and Limits of Carriage on the Air Waybill and pays the required fee, the liability is limited to SAR 100 per Shipment.
13.2 SAROKH does not provide cargo liability or all-risk insurance but the Sender may pay an additional charge for Declared Value for Carriage above the limits referred to in Section 17.1 of the Conditions of Carriage. The Declared Value for Carriage of any Package represents SAROKH maximum liability in connection with a shipment of that Package, including but not limited to, any loss, damage, delay, pickup, any failure to provide information relating to the shipment.
13.3 The maximum declared value for Customs and Carriage is limited and may vary per location. If applicable, the Declared Value for Carriage cannot exceed the Declared Value for Customs. The maximum Declared Value for Customs and Carriage for the contents of a SAROKH Envelope or SAROKH Pack, regardless of destination, SAR 100 per shipment. Goods with a value (actual or declared) exceeding these amounts should NOT be shipped in a SAROKH Envelope or SAROKH Pak.
13.4 Shipments containing items of extraordinary value are limited to a maximum Declared Value for Carriage of SAR 1,000 per shipment. Import of any of these items may be prohibited by individual countries. For more information please read our Conditions of Carriage.
13.5 Regardless of the Declared Value for Carriage of a Package, SAROKH liability for loss, damage, delay, non-delivery, misinformation, any failure to provide information, or depreciated value or its replacement cost, whichever is less.
14. Liabilities Not Assumed
14.1 SAROKH will not be liable for any damage in excess of the Declared Value (as limited by Section 17).
14.2 SAROKH will not be liable in any event for special, incidental, consequential or indirect losses or damages, including but not limited to loss of income or profits.
14.3 SAROKH will not be liable for the Shipper’s acts or omissions, including but not limited to incorrect declaration of cargo; improper or insufficient packing, securing, marking or addressing of the SAROKH Shipment; or for the acts or omissions of the Recipient or anyone else with an interest in the Shipment. Also SAROKH will not be liable if the Shipper or Recipient violates any of the terms of this (Air) Way bill of our Conditions of Carriage. SAROKH will not be liable for loss, damage, delay, shortage, non-delivery, misinformation, or failure to provide information in connection with the shipment of prohibited items. SAROKH will not be liable for loss, damage, delay, shortage, non-delivery, misinformation, or failure to provide information in connection with the Shipment caused by or resulting from including but not limited to: the fragile nature of the shipment or any defect or vice inherent thereof, the erasure of data stored on magnetic tapes, files or other storage media, loss or damage to any Package for which SAROKH has no record or receipt; or, events SAROKH cannot control.
15.1 All claims due to delay (including spoilage claims) or shortage must be notified to SAROKH in writing within 21 calendar days after delivery of the Shipment, falling which no action for damages may be brought against SAROKH. All claims due to damage (visible or concealed) must be notified to SAROKH in writing within 48 hours after delivery of the Shipment, failing which no action for damages may be brought against SAROKH. All claims must be made within strict-time limits. Customer could submit claim through any SAROKH customer support channel. All claims processed by SAROKH will require 7 business days for resolution unless investigation requires further actions.
SAROKH reserves the right to assess fuel and other surcharges on Shipments without notice.
17. Mandatory Law
These conditions shall not exclude any liability where the exclusion of that liability is prohibited by law. The invalidity or unenforceability of any provision shall not affect any other part of these Conditions. The Arabic language version of these Conditions of Carriage supersedes all other version.
18. Data Protection
18.1 By submitting any personal data to SAROKH the Shipper consents to SAROKH using this data for the purposes of SAROKH (or its agents or subcontractors) performing their obligations under the relevant (Air Waybill and the Conditions. The Shipper also consents to SAROKH sharing this Data with its subsidiaries and branches, and confirms that SAROKH can do the same to Consignee’s personal data.
18.2 By submitting the Shipment and by signing the Air Waybill the Shipper consents to the transfer of such personal data to such countries.
19. Abandoned, Neglected and Returned Shipments
19.1 If a Shipment is undeliverable for any reason such as: (i) Customer cannot be contacted; (ii) Customer fails to give instructions within three (3) months from the shipping date; (iii) Customer abandons or neglects the Shipment; (iv) Customer fails to pay charges and fees; (v) Customer refuses the Shipment; (vi) Shipment is refused by government authorities, SAROKH at its sole discretion may return the Shipment to Sender; or place the shipment; or dispose of the Shipment or do any other action to Serve its interest.
19.2 The Sender will be available for any or all costs, charges and fees incurred in returning, storing or disposing of the Shipment.
19.3 SAROKH will not obtain or provide proof of delivery or delivery note after three (3) months from the shipping date.