SMSA Express Terms and Conditions of Carriage
1.1.These Conditions apply to the carriage of Shipment(s) from and between selected specified SMSA locations within selected countries, utilizing the following services or service options of SMSA (if and where available). These services may be modified by SMSA from time to time. Upon request, Customers can be informed about the areas that are served by SMSA.
1.2.In case of conflict between these Conditions and the terms and conditions on any SMSA (Air) Waybill, manifest, shipping label or other transit documentation, these Conditions control to the extent that they do not conflict with the mandatory rules.
1.3.These Conditions (which term includes those agreements and conventions expressly referred to herein) represent the entire agreement between the parties, shall prevail over, exclude and supersede any other terms or conditions, oral or written, wheresoever appearing or made and, in particular, any terms or conditions sought to be incorporated by the Sender or any other written or 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.
“SMSA” means SMSA Transportation Company Ltd., and its branches, employees, and agents. "Shipment" means one or more pieces, either Packages or freight, moving on a single (Air) Waybill. "The Customer" means the person (natural or legal) who send the shipment and pay for the service.
3- Invoice(s) Adjustments and Dimensional Weight
3.1.If the service selected or weight entered is incorrect, SMSA may make appropriate corrections to the (Air) Waybill and appropriate adjustments to the invoice(s) at any time and will be entitled to charge a special handling fee for having to make such corrections and amendments.
3.2.Charges may be assessed based on dimensional weight. If the result exceeds the actual weight, additional Charges may be assessed based on the dimensional weight. The rates of such additional Charges are available upon request and may be amended, without notice, by SMSA.
4- Refusal and Rejection of Shipment(s)
SMSA reserves the right to refuse, hold, cancel, postpone or return any Shipment(s) at any time if such Shipment(s) would in the opinion of SMSA be likely to cause damage or delay to other Shipment(s), goods or persons, or the carriage of which is prohibited by law or is in violation of any of these Conditions, or the SMSA Account of the person or entity responsible for payment is not in good credit standing. The fact that SMSA accepts a Shipment(s) does not mean that such Shipment(s) conforms to applicable laws and regulations or to the present Conditions.
5- Items Unacceptable for Carriage
The following items are not acceptable for carriage to any destination unless otherwise agreed to by SMSA: Money, Explosives, Human Corpses, Organs, Body Parts, Weaponry, Foodstuff, Perishable Food, Plants, Seeds, Pornography, Obscene Materials, Hazardous Wastes, Hazardous Materials, Dead or Alive Animals.
6. Packaging and Marking
6.1.All shipment(s) pieces must be prepared and packed by the Customer for safe transportation by air and road assuming ordinary care in handling.
6.2.SMSA shall not be liable for any damage arising out of changes in temperature or pressure.
7- Inspection of Shipment(s):
7.1.SMSA may, at its sole discretion, or upon the request of the competent authorities, open and inspect any Shipment(s) without notice at any time, and shall incur no liability of any kind therefore.
7.2.In accordance with applicable regulations SMSA is required to undertake (random) X-ray screening. SMSA may undertake such screening and the Customer hereby waive any possible claims for damages or delays as a result of screening.
8- Routing and Delivery:
8.1.SMSA reserves the right to route a Shipment(s) in any way it deems appropriate.
8.2.SMSA may deliver to the Recipient at the address mentioned on the (Air) Waybill. SMSA has no obligation to deliver the Shipment(s) to recipient personally. SMSA cannot deliver to post office box addresses.
8.3.SMSA shall not be liable in any circumstances for any claim, which relates to seizure or detention of shipment(s) in the course of transit by Customs or other government authorities.
8.4.Holidays and week-end delivery, if available, will be subject to a special handling fee.
8.5.Shipper may request to change delivery address, return, or stop the shipment but such request must be submitted before shipment arrives destination. However, SMSA does not guarantee fulfilling such request. If request fulfilled then shipper should pay the additional charges according to the rate calculator on SMSA website.
9- Undeliverable Shipment(s):
9.1.An undeliverable Shipment(s) is one that cannot be delivered for reasons that include, but are not limited to, any of the following:
9.1.1.The Recipient’s address is incomplete, illegible, and incorrect or cannot be located.
9.1.2.The Shipment(s) would likely cause damage or delay to other Shipment(s) or property, or injury to persons.
9.1.3.The Shipment(s) was improperly packaged or the Shipment’s contents or packaging are damaged to the extent that re-wrapping is not possible.
9.1.4.Delivery is impossible because of the unavailability or refusal of an appropriate person to accept delivery or sign for delivery of the Shipment(s).
9.2.Return Charges will be assessed to the Customer together with the original Charges
10- Declared Value and Limits of Liability
10.1.Unless the Sender enters a higher Declared Value for Carriage on the (Air) Waybill and pays the required fee, the liability of SMSA is limited to US$ 100 per Shipment (Maximum).
10.2.The Declared Value for Carriage of any Package represents SMSA maximum liability in connection with a shipment of that Package, including but not limited to, any loss, damage, delay, misdelivery, any failure to provide information, or misdelivery of information relating to the Shipment. Exposure to and risk of any loss in excess of the Declared Value for Carriage is assumed by the Sender. Customers are advised to contact their insurance agent or broker for insurance coverage. EVEN IF A HIGHER VALUE FOR CARRIAGE IS DECLARED, THE LIABILITY OF SMSA FOR LOSS OF OR DAMAGE TO THE CONTENTS OF A SHIPMENT WILL NOT BE MORE THAN THE ACTUAL VALUE OF THE CONTENTS OF THE SHIPMENT.
10.3.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 SMSA Envelope or SMSA Pak, regardless of destination, is US$ 100 per Shipment. Goods with a value (actual or declared) exceeding these amounts, should NOT be shipped in a SMSA Envelope or SMSA Pak.
10.4.For Shipment(s) containing items of extraordinary value the Declared Value for Carriage is also limited and depends on the contents and destination of the Shipment(s). For more information please read SMSA’s Conditions of Carriage. For more detailed information please read the full version of the terms and conditions on the website address: www.smsaexpress.com.
10.5.SMSA is not liable for any loss of, damage to, or delay, wrong delivery or non-delivery of unacceptable Shipment(s).
10.6.SMSA acceptance (whether inadvertent, intentional or otherwise) for carriage of any Shipment(s) bearing a declared value in excess of the allowed maximums does not constitute a waiver of any provision of or limits within these Conditions as to such Shipment(s).
10.7.If the Declared Value for Carriage for a Shipment(s) exceeds the authorized limits, such value shall automatically be reduced to the authorized limits for such Shipment(s).
10.8.Regardless of the Declared Value for Carriage of a Package, SMSA liability for loss, damage, delay, misdelivery, non-delivery, misinformation, any failure to provide information, or misdelivery of information, will not exceed the Shipment's repair cost, its depreciated value or its replacement cost, whichever is less.
10.9.SMSA WILL NOT BE LIABLE, IN ANY EVENT, FOR ANY DAMAGES WHETHER DIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL IN EXCESS OF THE DECLARED VALUE (AS LIMITED BY SECTION 10).
10.10.SMSA 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.
10.11.SMSA will not be liable for, nor shall any adjustment, refund, or credit of any kind be made as a result of any loss, damage, delay, wrong delivery or non-delivery or misinformation or failure to provide information including but not limited to any such loss, damage, delay, misdelivery, non-delivery, misinformation or failure to provide information.
10.12.Except in case of intentional action of SMSA, the Sender shall be liable for any damage caused by the Shipment(s) to SMSA or to a third party. The Sender shall guarantee and hold SMSA harmless of any claim of a third party, notably the Recipient, for any liability exceeding the liability assumed under these Conditions.
11- No Warranties:
Save as expressly set out herein SMSA makes any warranties, express or implied.
12.1.All claims due to loss, Delay or non-delivery or wrong delivery must be notified to SMSA within 120 calendar days after delivery of the Shipment(s).
12.2.All claims due to damage must be notified to SMSA in within 48 hours after delivery of the Shipment(s) where the damage condition must be witnessed and documented at the delivery time.
12.3.Claim could be submitted through any of SMSA customer support channels. 12.4. Claim will require (7) business days to be resolved unless further investigation required.
12.5.As mentioned in clause of “Declared Value and Limit of Liability” unless the shipment is insured then SMSA liability will be 100 USD Maximum (or customs value is less).
12.6.In the event that the customer pays additional amounts that are not due through one of SMSA’s services, the money will be returned within a period not exceeding (15) working days from the date of discovering the defect.
SMSA reserves the right to assess fuel and other surcharges on Shipment(s) without notice.
14- Mandatory Law and Language:
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 terms and condition is waives and prevails all other versions.
15- Abandoned, neglected and return Shipment(s):
15.1.If a Shipment(s) is undeliverable for any reason such as: (i) Customer cannot be contacted (ii) Customer fails to give instructions within three (3) months period from the shipping date (iii) Customer abandon or neglect the Shipment(s) (iv) Customer fails to pay charges and fees (v) Customer refuse the Shipment(s) (vi) Shipment(s) refused by governmental authorities, SMSA at its sole discretion may return the Shipment(s) to the Sender; or place the Shipment(s) or dispose the Shipment(s) or do any other action to serves its interest.
15.2.The Customer will be liable for any and all costs, charges and fees incurred in returning, storing or disposing of the Shipment(s).
15.3.SMSA will not obtain and provide proof of delivery or delivery note after three (3) months from the shipping date.
16- Customs Clearance:
16.1.In the event of any failure to provide and/or complete accurately all customs required documentations (including the (Air) Waybill) SMSA will assume no liability to the Customer or any other person for any loss, expense or delay due to the Customer's failure to comply with this provision.
16.2.SMSA reserves the right to assess extra charges for customs clearance or for services ancillary to the customs clearance of Shipment(s).
17- Duties, Taxes and Fees:
17.1.If and where applicable, SMSA may elect to advance on behalf of the Customer or the party who is responsible for payment, any duties and taxes as assessed by Customs.
17.2.SMSA will assume no liability to the Customer or any other person for duties, taxes and fees payment delay; due to the Customer's failure to obtain the required approvals and guarantees.
17.3.If SMS advances duties and taxes it reserves the right to assess a surcharge. Notwithstanding that SMSA reserves the right to auction or otherwise dispose of goods to recover charges not reimbursed, the Customer shall remain liable for such charges.
18- Data protection:
18.1. By submitting any personal data to SMSA, the sender agrees that SMSA will use this data for the purposes of SMSA (or its agents or sub-contractors) fulfilling their obligations under the air waybill and related circumstances. The shipper also agrees to SMSA's sharing of this data with its subsidiaries, and confirms that SMSA can do the same with the consignee's personal data.
18.2. By presenting the shipment and signing a policy, the shipper agrees to transfer this personal data to these countries.