• Terms And Conditions

    Extract of SMSA Express Conditions of Carriage, please read the complete version of our Conditions of Carriage on: smsaexpress.com

    IMPORTANT NOTICE:

    These Conditions of Carriage EXCLUDE LIABILITY on the part of SMSA Express 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 limits. Senders should note these Conditions carefully and where necessary obtain insurance cover in order to protect their interests. 

    1. Application

    1.1 These Conditions apply to the carriage of Shipments from and between selected specified SMSA locations within selected countries, utilizing services or service options of SMSA (if and where available). These services may be modified by SMSA Express from time to time. Upon request, customers can be informed about the areas that are served by SMSA Express. 1.3 In case of conflict between these Conditions and the terms and conditions on any SMSA Express 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. 1.4 These conditions (which term includes those agreements and conventions expressly 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. 1.7 The Arabic language version of these Conditions of Carriage supersedes all other versions.

    1. Rates

      applied shall be those rates applicable and in force at the time that the contract of carriage is made.

    2. Billing

      4.6 if applicable, duties and taxes may be assessed on the contents of Shipments. 4.7 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, 4.8 For currency conversion, SMSA may apply a conversion fee. Please read our Conditions of Carriage.
    3. Invoice Adjustments/ Dimensional Weight

      5.1 If the service selected or weight entered is incorrect. SMSA Express 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. 5.3 Charges may be assessed based on dimensional weight.
    4. Refusal or Rejection of Shipment(s)

      SMSA Express reserves the right to refuse, hold, cancel, postpone or return any Shipment at any time if such Shipment would in the opinion of SMSA Express 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 SMSA Express accepts a Shipment does not mean that such Shipment conforms to applicable laws and regulations or to the present Conditions. 
    5. Restrictions 7.1 Package size and weight restrictions vary by country or SMSA Services. Please see www.smsaexpress.com and our Conditions of Carriage.
    6. Items Unacceptable for Carriage

      8.1 The following items are not acceptable for carriage to nay destination unless otherwise agreed to by SMSA: 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.
    7. Packing and Markings

      10.1 All Packages must be prepared and packed by the Sender for safe transportation by air and road assuming ordinary care in handling in an express-transportation environment and in compliance with all applicable laws, regulations and rules, including those governing packing, marking and labeling 10.2 SMSA Express shall not be liable for any damage arising out of changes in temperature or pressure.
    8. Inspection of Shipments

      11.1 SMSA Express may, 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. 11.2 In accordance with applicable regulations SMSA Express 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.
    9. Customs Clearance

      12.4 In the event of any failure to provide and/or complete accurately all necessary customs and export laws documentation (including the Air Waybill) SMSA 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. 12.6 SMSA reserves the right to assess the extra charges for customs clearance or for services ancillary to the customs clearance of shipments.
    10. Duties and Taxes

      13.1 If and where applicable, Without prejudice to Sections 4.5 and 4.6., SMSA Express may elect to advance on behalf of the party responsible for payment thereof ("the Payer"), any duties and taxes as assessed by Customs.  13.3 Any Shipments may be delayed if SMSA Express is not able to obtain satisfactory confirmation of arrangements to reimburse it for amounts to be advanced for duties and taxes. 13.4 If SMSA advances duties and taxes it reserves the right to assess a surcharge.
    11. Routing and Delivery

      14.2 SMSA may deliver to the Recipient at the address mentioned on the Air Waybill, 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. 14.3 SMSA Express 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. 14.7 Holidays/Weekend delivery, if available will be subject to a special handling fee.
    12. Declared Value and Limits of Liability

      17.1 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 US$ 100 per Shipment. 17.2 SMSA 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 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. 17.3 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, us US$ 100 per shipment. Goods with a value (actual or declared) exceeding these amountsm should NOT be shipped in a SMSA Envelope or SMSA Pak. 17.4 Shipments containing items of extraordinary value are limited to a maximum Declared Value for Carriage of USD 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. 17.9 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 depreciated value or its replacement cost, whichever is less.
    13. Liabilities Not Assumed

      18.1 SMSA will not be liable for any damage in excess of the Declared Value (as limited by Section 17). 18.2 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. 18.4 SMSA 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 SMSA Shipment; or for the acts or omissions of the Recipient or anyone else with an interest in the Shipment. Also SMSA will not be liable if the Shipper or Recipient violates any of the terms of this (Air) Way bill of our Conditions of Carriage. SMSA will not be liable for loss, damage, delay, shortage, misdelivery, non-delivery, misinformation, or failure to provide information in connection with the shipment of prohibited items. SMSA will not be liable for loss, damage, delay, shortage, misdelivery, 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 SMSA has no record or receipt; or, events SMSA cannot control.
    14. No Warranties Save as expressly set out herein SMSA makes no warranties, express or implied.
    15. Claims

      20.1 All claims due to delay (including spoilage claims) or shortage must be notified to SMSA in writing within 21 calendar days after delivery of the Shipment, falling which no action for damages may be brought against SMSA. All claims due to damage (visible or concealed) must be notified to SMSA in writing within 48 hours after delivery of the Shipment, failing which no action for damages may be brought against SMSA. All claims must be made within strcit-time limits. Please see our Conditions of Carriage for full version of this section.
    16. Surcharges

      SMSA 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

      24.2 By submitting any personal data to SMSA the Shipper consents to SMSA using this data for the purposes of SMSA (or its agents or subcontractors) performing their obligations under the relevant (Air) Waybill and the Conditions. The Shipper also consents to SMSA sharing this Data with its subsidiaries and branches, and confirms that SMSA can do the same to Consignee’s personal data. 24.5 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

      25.1 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, SMSA 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. 25.2 The Sender will be available for any or all costs, charges and fees incurred in returning, storing or disposing of the Shipment. 25.3 SMSA will not obtain or provide proof of delivery or delivery note after three (3) months from the shipping date.