SMSA Express Terms and Conditions of Carriage
These terms and conditions are subject to the regulations in force in the Kingdom of Saudi Arabia or in the country from which the Air waybill has been issued. Shipments transported from and between specific locations within a country are subject to the mandatory rules set forth in the laws of those countries, applicable international treaties governing air carriage, and the valid laws, regulations, resolutions, rules, circulars and legal orders of public authorities and public policies.
In the event of a third party liability claim, this Agreement shall be subject to each party's limitations of liability as set forth in each party's Air waybill, governing law and jurisdiction.
The following are the accepted laws under which any party to this Agreement may refer to its own Air waybill.
Legislation and agreements shall include applicable national law and, where applicable, one or more of the following agreements :
- The Protocol to Amend the Warsaw Convention signed at The Hague on September 28, 1955 (the “Hague Protocol”) or the Montreal Convention of May 28, 1999 and all subsequent protocols in force,
- International Convention for the Unification of Certain Rules of Law relating to Bills of Lading (“The Hague Rules”), Protocol for Signature, Brussels, dated 25 August 1924,
- International Convention for the Unification of Certain Rules of Law related to Bills of Lading (1924), dated August 25, 1924, effective June 2, 1931 / Protocol I (1968), drafted February 23, 1968, effective June 23, 1977 / Protocol II (1979) dated on December 21, 1979, effective February 24, 1982 ("The Hague-Visby Rules"),
- The 1978 United Nations Convention on the Carriage of Goods by Sea (the “Hamburg Rules”) signed at Hamburg, dated March 31, 1978, effective as of November 1, 1992,
- In no event shall the liability of the carriers exceed the amounts provided for by applicable national or the law applicable in such regard.
- Where carriage includes carriage to, from, or via a port in the United States of America and Carriage of Goods via Sea Act (COGSA) applies in the United States in accordance with this Agreement, in no event shall the carrier nor the ship be liable for any loss or damage to or in connection with the carriage of goods in an amount exceeding one hundred (100) US Dollars per parcel or shipping unit,
- In all other cases, compensation shall not exceed the liability limit of one hundred (100) US Dollars per kilogram of the total weight of the lost goods, damage, or the condition arising from the claim.
The terms and conditions agreed between SMSA Express Transport Co., Ltd. and the customer related to transportation shall clarify SMSA’s responsibility for any case of loss, damage, delay, wrong delivery or non-delivery, and what happens to the shipment during its transportation. The customer must read these terms carefully and the customer must request Insurance cover on the shipment if it has a material value above the liability limits.
1.1 These terms apply to the transfer of shipments from service delivery centers and between areas served by SMSA, according to the services provided by SMSA if available and where available and these services may be modified from time to time by SMSA.
1.2 In the event of a conflict between these terms and the terms and conditions contained in the Air waybill, manifest, shipping card or other transit documents, these terms shall govern, prevail and apply to the (customer).
1.3 These Terms supersede any other verbal and/or written terms or conditions, unless they conflict with any laws and regulations or have been expressly agreed otherwise by SMSA through special contracts or custom services.
1.4 These terms supersede all previously published terms and conditions
1.5 SMSA may subcontract to perform services and contracts on its behalf, in accordance with the laws and regulations approved by the relevant authorities.
“SMSA”: SMSA Express Transport Company Ltd. and its agents, as the service provider.
“Shipment” means a piece or a group of pieces, whether packages or shipments transported under a Air waybill, and all packages covered under a Air waybill are considered a single shipment.
“Air waybill”: It is the transport document (service contract), whether paper or electronic, which includes the details of the shipment and the terms and conditions of carriage.
“Customer”: Every natural or legal person who benefits from SMSA services and pays its fees.
"Extraordinary Shipments" Shipment(s) of high value or a value that cannot be estimated, e.g.: artwork or antiques, gemstones, stamps, antiquities, gold and silver, unique items.
“Force Majeure” is all that can be classified as force majeure from accidents that are out of control and cannot be prevented, for example, but not limited to: fate, wars, epidemics and disease epidemics, natural disasters.
Volumetric (dimensional) weight is the parcel's length x height x width (in centimetres) divided by 5000 or any other number specified by SMSA.
"Declared Value for Carriage" is the value of the shipment declared by the shipper and which estimates the service provider's liability for damage, loss or delay.
The "declared value for customs" is the market value of the shipment and considered for clearance.
"Business Day" is any day other than weekend or public holiday, business days and holidays may vary by country.
"Delivery attempt" is an attempt to deliver the Shipment(s) to the specified address or address confirmed by the consignee, or any other place or point of delivery requested by the consignee.
Prices shall be calculated based on weight, volumetric standards and dimensional weight approved by SMSA. The prices announced by SMSA shall be applied upon dispatch of the shipment (Air waybill), or as agreed upon in the specific service contract. Prices may be subject to be estimated if the revenues agreed upon are not met, and in the event that the customer fails to apply the dimensional weight to any package during the procedures, additional fees may be charged based on the dimensional weight in a supplementary invoice, and the prices do not include customs duties, taxes, customs clearance fees or any other import or export fees applicable to the shipment.
4.1 Duties and taxes are calculated based on the declared value of the contents of the shipment (and the commercial invoice) and notwithstanding any previous payment orders, the customer shall remain responsible for any “pre or post” fees, taxes or additional charges related to his shipment.
4.2 SMSA shall have the right, in case of dealing in different currencies, to oblige the customer to pay the fees according to the local currency of the country.
5. Adjustments to invoices / dimensional (volumetric) weight:
If the selected service or the entered weight is incorrect, SMSA shall have the right to make the appropriate corrections to the Air waybill and/or the appropriate adjustments to the invoice at any time (without referring to the customer), and it is entitled to charge the customer the handling fees for making such corrections and adjustments.
6. Shipment Insurance:
The customer may request insurance cover for shipments of a value that exceeds the limits of SMSA liability as described in Clause (16-1), provided that he shall be obligated to pay 2% of the declared value of the carriage, and the insurance on the shipment shall be a maximum of one thousand (1,000) US Dollars on Extraordinary shipments.
7. Acceptance of Shipment(s):
7.1 SMSA reserves the right to refuse, accept, stop, cancel or return any shipment at any time at its discretion if it may cause damage or delay to shipments or other persons or for reasons likely to harm health, public safety or Comply with the law or other regulatory requirements or if they are in violation of these terms and conditions or adversely affect the conduct of business.
7.2 SMSA's acceptance of a specific shipment does not mean that such shipment is in compliance with applicable laws or regulations or that it conforms to the current conditions.
8. Restrictions :
Restrictions on the size and weight of the shipment / shipments vary according to the service chosen by the customer, and these restrictions also differ from one country to another.
9. Prohibited Items:
The following items are prohibited for shipping unless otherwise agreed with SMSA: money, explosives, cadaver or body parts, firearms, plants, grain and food, pornography, waste or dangerous goods, dead or live animals.
Additional restrictions may apply depending on the destination, (SMSA accepts no responsibility for prohibited items in transit).
10. Packaging and Labelling :
10.1 It is the responsibility of the customer to prepare all the contents of the shipment and its packing and packaging for safe transportation, bearing in mind that the transportation is carried out with normal care in handling, and the customer must take into account the regulations, laws and regulations regulating packing methods by placing the appropriate labels for the nature of the content Shipments, SMSA cannot accept any claims regarding unsuitable packaging of a Shipment by the shipper.
10.2 SMSA is not responsible for any damage arising from changes in temperature or pressure or for reasons related to the nature of the content of the shipment.
11. Inspection of Shipments :
11.1 SMSA can choose and/or (at the request of the competent authorities) to examine and inspect any of the shipments at any time without referring to the customer, and SMSA will not bear any obligations of any kind as a result of this.
11.2 In accordance with applicable laws SMSA may apply random x-ray scanning of shipments, and the customer is not entitled to claim compensation for any damages as a result of this security measure.
12. Customs Clearance :
12.1 Failure to complete all necessary customs procedures and required documents accurately (including the Air waybill) SMSA shall not be liable to the customer or any other party for any damages resulting from the (customer’s) non-compliance with this.
12.2 SMSA shall have the right to assess additional charges for customs clearance of a shipment or any other additional services for customs clearance of a shipment.
12.3 Shipments crossing national borders may be cleared through customs The shipper is responsible for ensuring that the goods are shipped in accordance with all customs regulatory requirements, is responsible for providing all documents and information required for clearance, and for ensuring that all data and information it provides With regard to merchandise, shipment clearance is correct and complete, and shipments that require additional documentation may require additional or extra transportation time.
12.4 SMSA and its agents reserve the right, in its sole discretion, to charge the customer any penalties, (fines, damages, costs or other expenses, including but not limited to storage fees resulting from any enforcement action taken by any competent governmental entity, for failure to Compliance with the stipulated obligations.
12.5 For shipments to be cleared from customs by the recipient, SMSA or its agents will deliver the customs papers to the recipient, and once received, the shipment shall be deemed to have been delivered on time.
13. Duties and Taxes :
13.1 SMSA may select, on behalf of the Customer, to pay duties, taxes and charges as assessed by Customs, without conflicting with Clause 4-1 of these Terms.
13.2 SMSA will not be responsible for delaying payment of duties and taxes if it does not obtain sufficient approval and guarantees to do so.
13.3 If SMSA pays fees, taxes and/or charges, it reserves the right to assess the additional fare, and reserves the right to dispose of the goods in any manner it deems appropriate to recover the unpaid fees, taxes and charges, and the customer remains responsible for those wages.
14. Routing and Delivery:
14.1 SMSA reserves the right to send the shipment and direct its path in any way it deems appropriate while retaining the right to change the method of transmission in the event of any obstacles.
14.2 Shipments shall be delivered to the address indicated on the Air waybill or any other person whom the recipient wishes to authorize in accordance with the delivery mechanism approved by SMSA.
14.3 SMSA can deliver shipments to specific locations, including but not limited to: government agencies, hospitals, universities, establishments, according to the customer's instructions, or delivered to mail rooms or call centers.
14.4 SMSA shall not be liable under any circumstances for any claim related to the confiscation of the shipment or its seizure during the transportation process by customs or any other government agency.
14.5 Delivery on holidays and weekends, if any, will be subject to special handling fees, provided that the customer’s prior approval is obtained.
14.6 The shipper may request to change the address of the consignee or stop the shipment or return it before the shipment reaches its destination. Guarantees for the completion of the request or a commitment to the implementation time, and in the event of implementation, the customer bears the approximate fees incurred, which can be obtained through the price calculator on the website.
14.7 SMSA shall have the right to refuse to receive and deliver shipments that are inconsistent with any regulations and laws that may put its employees at risk, and SMSA may, at its sole discretion, take alternative delivery procedures.
14.8 To confirm delivery, SMSA shall have different delivery confirmation mechanisms that may be determined according to the surrounding circumstances, and additional fees may be charged for selecting a specific mechanism by the customer after obtaining his prior approval for that, and these mechanisms are subject to geographical restrictions and may SMSA modified without notice to the customer.
14.9 SMSA shall have to deliver shipments to the address indicated on the Air waybill, unless subsequent directions are issued by the shipper or the consignee relating to: Postponing the delivery time, delivering it to another person or a neighbor, leaving the shipment at a place specified by the customer, or any instructions and will be considered part of the contract of carriage, with the shipper expressly acknowledging that such instructions can change the delivery instructions originally agreed upon.
14.10 SMSA will make the first delivery attempt, and when the customer does not respond, SMSA will attempt on its own or at the customer’s request to retry the delivery in the future, and in the event of delivery failure, SMSA may, at its discretion, return the shipment to the nearest service center to the customer or to the shipper
15. Undeliverable / Unclaimed shipments:
- If the shipment cannot be delivered for any reason, such as:
- If SMSA is unable to communicate with the (customer),
- If the customer is unable to provide SMSA with information and instructions regarding his shipment within three (3) months from the date of shipment,
- If the (customer) ignores receiving his shipment,
- If the customer fails to pay any fees required for the shipment.
- If the customer refuses to receive the shipment(s),
- If the shipment is directed or sent to an area not covered by SMSA services.
- Not being able to carry out customs clearance of the shipment for any reason, and
- The shipment(s) were rejected by government agencies,
SMSA shall have the right, at its sole discretion, to include, but not be limited to: return it, store it, destroy it or take any other action to serve its interest, after the lapse of three (3) months from the date of sending the shipment, and this is done in accordance with the regulations own and so organized.
The (customer) shall remain responsible for any costs, fees and/or expenses resulting from return, storage, destruction or any other additional charges resulting from these terms and conditions.
The customer is not entitled to demand proof of delivery of the shipment after the lapse of three (3) months from the date of dispatch. SMSA will not accept any claims for delay or non-delivery in the following cases:
- Delivery is made to the address specified on the Air waybill or the address confirmed by the consignee,
- Delivery is made to the location (service centers or postal rooms) requested by the consignee,
- Delivery is made to any other delivery point requested by the consignee,
- The first delivery attempt was made but the shipment could not be delivered due to the customer not being at the address, or the wrong address, non-payment of due amounts, non-acceptance of receipt of the shipment, lack of valid identification, the customer not being able to provide the verification code, or for any reason beyond SMSA’s control.
16 Declared value and limits of liability:
16.1 Unless the customer declares the value of the shipment when shipping and pays the insurance coverage fee, SMSA’s maximum liability for damage, loss, delay, wrong delivery or non-delivery is an amount of one hundred (100) US Dollars, or its equivalent in local currency, or Actual cost of damage whichever is lower.
16.2 SMSA does not bear any responsibility for high-value shipments and does not insure against risks, but the shipper can pay additional insurance fees if the declared value of the shipment is higher than the limits shown in Clause (16-1.).
16.3 The value declared for carriage by the customer on the Air waybill represents the limit of SMSA’s liability in relation to the shipment of that package, and if this value is higher than the value declared to customs, SMSA’s responsibility for what happens to the shipment will not be more than the declared value of customs or the actual for the contents of the shipment.
16.4 The declared value for customs and the declared value for carriage may vary by location, and in any case, the declared value for carriage should not exceed the declared value for customs.
16.5 With respect to the contents of shipments wrapped in a paper or plastic (SMSA) envelope and regardless of the final destination of the shipment, the maximum value declared to customs is one hundred (100) US Dollars or its equivalent in local currency for each shipment.
16.6 Shipment(s) whose contents exceed one hundred - (100) US Dollars must not be shipped in a paper or plastic (SMSA) envelope.
16.7 The extraordinary shipment(s) containing contents of high value or inestimable value is limited to a declared value not exceeding one thousand (1,000) US Dollars, importing some contents of high value or unquantifiable value may be prohibited in Some countries of the world, therefore, SMSA will not bear any responsibilities resulting from this.
16.8 Regardless of the declared value of the shipment, SMSA’s liability for loss, damage, delay, mis-delivery, non-delivery, erroneous information, or failure to provide information, shall not exceed the cost of repairing the shipment according to its consumable value or replacement cost , whichever is less.
17. Liabilities Not Assumed:
17.1 SMSA will not be liable for any damages exceeding the declared value in the event of insurance, and will not exceed the limits of liability in the event of non-insurance.
17.2 SMSA shall not be liable in any way for any incidental, special or consequential incidents resulting in direct or indirect loss or damage, including (but not limited to) loss of income or profit or loss of benefit.
17.3 SMSA shall not be liable for any damage resulting from (Customer’s) acts, negligence or omission of (including but not limited to) wrongful declaration of Shipment, incorrect or inadequate packing, forwarding/forwarding of Shipment, or improper packaging or for the acts or omissions of the Recipient or any other person having an interest in the Shipment, SMSA will not be liable if the Customer or Recipient breaches any of these Terms, the Air Policy Terms or the Freight Conditions, and SMSA will not be ) responsible for loss, damage, delay, mis-delivery, non-delivery, incorrect information or failure to provide information if the contents of the shipment (without limitation) are (but are not limited to) breakable, defective, or contain perishable data such as stored data in CDs, magnetic tapes, or other storage devices. SMSA will not be responsible for any contents or packages not received or registered on the air Air waybill, and SMSA will not be liable for any obligations resulting from events beyond its control including force majeure or emergency circumstances.
17.4 SMSA shall not be liable under any circumstances for any claim related to the confiscation or seizure of the shipment during the transportation process by customs and/or any other government agency.
18. No guarantees:
Except as clearly stated in these Terms and Conditions, SMSA makes no other warranties, whether express or implied.
19. Claims :
19.1 All claims for delay and lost shipments must be submitted within a maximum period of thirty (30) days from the date of shipment.
19.2 All claims for damaged shipments must be submitted within a maximum period of forty-eight (48) hours from the date of receiving the shipment, and the failure of the (customer) to abide by these periods shall forfeit his right to claim compensation for loss or damage.
20. Additional Wages :
SMSA shall reserve the right to estimate fuel charges and other additional charges on the shipment without notice to the Customer.
21. Applicable Law and Approved Language:
These Terms shall not exclude any liability where the exclusion of that liability is prohibited by the law of the country of the recipient of the shipment, and the invalidity or invalidity of any provision shall not affect the other parts of these Terms, and the Arabic text shall be the approved and prevailing text in interpretation of these terms and conditions.
22. Data Privacy:
Once any personal information and data is provided by the customer to SMSA, the customer implicitly agrees to SMSA's use of this information and data for shipping purposes and to perform its obligations under the Air waybill and the agreed terms and conditions, and also implies SMSA's consent to SMSA sharing this information And the personal data of him and the recipient with its subsidiaries, branches and agents, and once the customer submits personal information and data to SMSA and signs the Air waybill, the customer implicitly agrees to the transfer and use of his and the recipient's personal information and data in other countries .