Condition of Carriage
STANDARD CONDITIONS OF CARRIAGE
THE CONDITIONS SET OUT BELOW ARE TERMS OF THE AGREEMENT BETWEEN OVERSEAS COURIER SERVICE
HEREINAFTER REFERRED TO AS OCS
P.O.BOX 1545, DUBAI, P.O.BOX 316, ABU DHABI, P.O.BOX 16, MANAMA, BAHRAIN AND THE SHIPPER,
SHIPPERS ARE ADVISED TO OBTAIN INSURANCE COVER FOR THE SHIPMENT AS THEY CONSIDER APPROPRIATE
1. The O.C.S.Courier Waybill ("The Air Waybill (AWB)")
The AWB is non-negotiable and the shipper acknowledges that it has been prepared by the shipper or by OCS on behalf of the shipper. The shipper warrants that he is the owner of the goods transported hereunder, or that he Is the authorized agent of the owner of the goods and that he hereby accepts and agrees to these OCS Terms and Conditions for himself and as agent for any other person having any interest in the shipment.
2. Shipper Obligations and Acknowledgements
The Shipper Warrants:
that each article in the shipment is properly described on the AWB; and
that no article in the shipment has been declared by OCS to be unacceptable for transport; and
that the shipment is properly marked and addressed and securely packed to ensure safe transportation with ordinary care and handling.
The Shipper understands and agree that OCS may abandon and/or release any shipment or part-shipment consigned to OCS by the Shipper which OCS has declared to be unacceptable or which the Shipper has undervalued for Customs purposes or misdescribed (whether Intentionally or otherwise) without incurring any liability whatsoever and the Shipper will save and defend and hold OCS harmless from all claims damages lines and expenses arising therefrom.
The Shipper shall be solely liable or all costs and expenses (WHICH SHALL INCLUDE BUT NOT BE LIMITED TO V.A.T., CUSTOMS DUTIES AND ANY SIMILAR TAXES) related to the shipment and for any costs or expenses Incurred in returning the shipment to the Shipper ,warehousing, storing, or disposing of them.
3. Right of Inspection of Shipment
OCS has the right to inspect any shipment. But it is under no obligation to do so. If it does so it shall be entitled to open the shipment and examine any package therein. In that event OCS will exercise reasonable care, but it shall not be liable for any damage to the shipment or any delay of the shipment arising as a result of such examination.
4. Lien on Goods Transported
OCS shall have a lien on all goods transported for all freight charges, customs duties, advanced or other charges of any kind arising out of transportation hereunder any may refuse to surrender possession of the shipment until all such charges are paid.
5. Limitation of Liability for Direct Loss
“Direct Loss” means the destruction or permanent disappearance of the shipment or physical damage to the shipment or any part of It while in the custody of OCS or Its servants or agents.
“Shipment “shall include all documents or parcels consigned to OCS under the AWB.
The liability of OCS for direct Loss is limited to the maximum of U.S.$100/- or the total amount of loss or damage actually sustained in respect of any document or parcels contained in the shipment or the Actual Value of all lose or damaged documents or parcels contained in the shipment subject to the maximum liability as above .Without regard to any commercial utility or Special value to the shipper / consignee
IF THE SHIPPER BELIEVES THAT THE VALUE OF THE SHIPMENT EXCEEDS U.S.$100 HE IS ADVISED TO OBTAIN APPROPRIATE INSURANCE COVER.SEE CONDITION 12 BELOW.
6. Actual Value
The Actual Value of a document contained in a shipment (which term includes any item declared to be of no commercial value) shall be either its actual cost of production or the cost of its replacement. Reconstruction, repair or reconstitution at the date of shipment shown on the AWB. whichever is less
The Actual Value of a parcel contained in a shipment (which term includes any item declared to be of no commercial value) shall be either its actual cost of production, or the cost of its replacement, reconstruction, repair or reconstitution at the date of shipment shown on the AWB or its resale or fair market value at that date, whichever is less PROVIDED THAT the Actual value shall not exceed the original cost of the article paid by the shipper plus 10 percent.
7. Exclusion of Consequential Loss
OCS shall not be liable for Consequential Loss.
“Consequential Loss” means any loss or damage, other than Direct loss, suffered or alleged to have been suffered by the Shipper, or by any other person, in consequence of the carriage of the shipment by OCS, its servants or agents or in consequence of any breach by OCS, its servants or agents of the agreement to carry the shipment.
8. Exclusion of Liability or Delay
OCS shall not be liable for Delay.
“Delay” means any delay in the pick-up, transportation or delivery of any shipment or any misroute or non-delivery of any shipment, caused by:-
The act or omission of OCS their servants or agents or
Act of God or
Force majeure which shall include but not be limited to industrial or political disputes, hijacking, war or threat of war, acts of foreign government and any other cause not reasonably within the control of OCS; or
The act, default or omission of the Shipper or the Consignee or any other party who claims an interest in the Shipment (Including any breach of any Condition herein) or any person other than OCS or any Customer or other government-official, of any Postal Service, forwarder or other person to whom a Shipment is tendered by OCS for transportation to any location not regularly served by OCS regardless of whether the Shipper requested or had knowledge of such third-party delivery arrangements; or
The nature of the Shipment itself or any defect, characteristic or vice thereof.
Any claims by the shipper must be notified in writing to OCS at Origin Station within 30 days of the date of delivery provided for in this agreement. OCS reserves the right to decline to accept any claim not so notified
In any event OCS will be under no liability to accept any claim unless and until the Shipper had paid to OCS all charges due under this agreement. The Shipper may not set off the amount of his claim against those charges.
10. Materials Not Acceptable for Transport
Except with the express consent in writing of an authorized officer of OCS, OCS will not carry:-
Currency Stamps Works of Art
Jewellery Precious Metals Precious Stones
Bullion Firearms Explosives
Cashiers Cheques Money Orders Travellers Cheques
Antiques Plants Animals
Pharmaceuticals Drugs Foodstuffs
Liquor Tobacco Perishable + Fragile
Negotiable Instruments in bearer from
Lewd, obscene or pornographic materials
Industrial carbons and diamonds
Articles restricted by IATA, including hazardous or combustible materials prohibited by any federal, state of local government of any country from to or through which the shipment may be carried:-
And any other items from time to time notified by OCS to be a prohibited item in accordance with this paragraph.
11. Warsaw Convention
In contracts to which the Warsaw Convention applies the liability of OCS to the Shipper may be further limited. This contract incorporates such of the provisions of the Convention as may be applicable lo it.
If the Shipper wishes to insure the shipment then
HE MUST NOTIFY OCS IN WRITING BEFORE DELIVERING THE SHIPMENT TO OCS stating the nature and value of the goods and the extent of the cover required.
Upon receipt of that notification from the Shipper OCS will allocate an insurance Reference number to the shipment, obtain the required insurance cover and notify the shipper of the insurance Reference Number. THERE IS NO INSURANCE IN FORCE AND THE SHIPMENT REMAINS AT THE SHIPPERS RISK UNLESS AND UNTIL THE SHIPPER HAS RECEIVED THE INSURANCE REFERENCE NUMBER.
Upon receipt of the insurance reference number, the shipper shall become unable to pay such premium as may be required for that insurance and shall pay the full amount thereof OCS within 14 days of being invoiced therefor.
Any insurance cover arranged by OCS under this Agreement shall be limited to U.S. $ 200,000.
Any Insurance cover issued under this Agreement shall be subject to such terms and conditions as the insurer may stipulate.
13. Law of the Contact
The Shipper and OCS hereby irrevocably agree that Local Laws shall apply to this agreement in every particular and exclusively submit to the sole jurisdiction of the Local Courts.