These Terms & Conditions of Carriage EXCLUDE LIABILITY on the part of SMB 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.
Shipments are subject to local tariffs and the conditions of the SMB Express subsidiary, branch or the independent contractor which accepted the Shipment.
1.1 These Conditions apply to the carriage of Shipments from and between selected specified SMB Express, Locations within selected Cities in Saudi Arabia these services may be modified by SMB Express from time to time. Upon request, customers can be informed about the areas that served by SMB Express.
1.2 These Conditions supersede all previous published terms and conditions of SMB Express service to which these Conditions apply. SMB Express reserves the right to unilaterally modify, amend, change or supplement these Conditions without notice,
1.3 In case of conflict between our conditions of carriage and the terms of conditions on any SMB Express Waybill, manifest, shipping label or other transit documentation, these Conditions of carriage control to the extent that they do not conflict with the mandatory rules relating to liability for Domestic carriage provided by the laws of Saudi Arabia.
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, 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.
1.5 These Conditions shall not be overridden or varied or added to except by express agreement in writing between the Sender and a representative of SMB Express having the express written authority to do so.
1.6 The Sender will be bound by the signature of any of its employees, servants and agents on the Waybill.
1.7 The Arabic language version of these conditions of carriage supersedes all other version.
“Conditions” shall mean these Conditions of Carriage which term shall also include those agreements and conventions expressly referred to herein and as updated by SMB Express from time to time.
“SMB” means, Sultan Saeed Mohammed Al Bassami, its companies and branches, their respective employees and agents and independent contractors. If the Shipment originates inside the K.S.A., the contract of carriage is with the SMB Express subsidiary, branch or independent contractor which accepts the Shipment from the Sender.
“The Sender” or “The Shipper” means the person [natural or legal] whose name is listed on the Air Waybill as the sender.
“The Recipient” or “The Consignee” means the person whose name is listed on the Air Waybill as the recipient
“Package” means any single parcel or piece that is accepted by SMB Express, including any such items tendered by the Sender utilizing SMB Express automated systems, meters, manifests or Waybills.
“Shipment” means one or more pieces, either Packages or freight, moving on a single Waybill.
“Waybill” means any shipping document, manifest, label, stamp, electronic entry or similar item used in the SMB Express
“Transportation Charges” means the fees, charges and amounts assessed or levied for movement of a Shipment by SMB Express in accordance with these Conditions or any conditions or fees subsequently imposed, but not including other fees or charges which may be assessed, such as (but not limited to) declared value charges, special handling fees, customs duties and taxes and surcharges.
“Business Day” means any day on which businesses inside the kingdom of Saudi Arabia open for business day or holidays vary by Saudi Arabia. Customers should contact SMB Express for delivery commitments which may be affected.
“Charges” means Transportation Charges and any other charges or surcharges assessed for or levied in respect of transportation of a Shipment pursuant to these Conditions, including but not limited to Additional Charges, declared value charges, special handling fees and other surcharges detailed in these Conditions or any updated Conditions and customs duties and taxes and other costs reasonably incurred by SMB Express relating to transport of a Shipment.
“Declared Value for Carriage” means that value, if any, indicated by the Sender on the Waybill, constituting the maximum amount SMB Express liability in connection with the Shipment of the package. The Declared Value for Carriage cannot exceed the Declared Value for Customs (For international use only)
“Declared Value for Customs” means the selling price or replacement cost of the Shipment’s contents as required for customs clearance purposes. (For international use only)
“Delivery (Commitment) Time” means the published delivery commitment for the SMB Express service for that Shipment, taking into account the commodity being shipped, date of shipment, destination, weight of the Shipment and value of the Shipment.
“SMB Express Account Number” or “SMB Express Account” means the number issued by SMB Express to a customer ensuring account activity is summarized by the SMB Express system and the payer is billed appropriately. For “Bill Sender”, “Bill Recipient” or “Bill Third Party” transactions (see below), Packages will not be accepted unless a valid SMB Express Account Number is entered on the Waybill. SMB Express Account numbers are non-transferable. Misuse, including unauthorized consolidation of Shipments owned by different parties, may result in a loss of all discounts and denial of service. The customer to whom a SMB Express Account is issued is liable for all Charges to the account, including those resulting from unauthorized use. The account holder is responsible for the safekeeping of the account number. The account number should be disclosed only to persons authorized to ship on the account. Failure to keep the SMB Express Account current, may result in the account being placed on a “cash only” status. Placement of an account on “cash only” status may result in packages being delayed, rejected or returned until arrangements for payment are completed.
Rates and service quotations by employees and agents of SMB Express will be based upon information provided by the Sender but final rates and service may vary based upon the Shipment actually tendered and the application of these Conditions. SMB Express is not liable for, nor will any adjustment, refund or credit of any kind be made, as a result of any discrepancy in any rate or service quotation made prior to the tender of the Shipment and the rates, and other Charges invoiced to the customer. SMB Express DOES NOT PROVIDE QUOTATIONS OR ESTIMATES OF CUSTOMS DUTIES OR TAXES.
Rates applied shall be those rates applicable and in force at the time that the order is made.
4.1 Nevertheless that SMB Express reserves the right to require payment of any Charge in advance as provided for in accordance with the Conditions, Invoices for any unpaid Charges are payable without discount within 15 days of the invoice date. Invoices for duties and taxes are payable upon receipt. Any amount unpaid at due date shall be increased, as of right and without prior notice of remedy, by 15 %, as liquidated damages for administrative costs, and shall bear a yearly interest of 5 % above to be calculated per commenced month or the maximum allowed interest rate under the applicable legislation, if lower.
4.2 “Bill Sender” or “Bill Shipper” means Charges will be billed to the Sender.
4.3 “Bill Recipient” or “Bill Consignee” means Charges will be billed to the Recipient. To bill Charges to the Recipient, the Recipient must have a valid SMB Express Account Number and this number must be entered in the appropriate section of the Waybill. Bill Recipient Shipments are acceptable for carriage to specified locations only. If the Recipient refuses to pay, the Charges will automatically be billed to the Sender.
4.4 “Bill Third Party” means Charges will be billed to someone other than the Sender or Recipient. The third party’s valid SMB Express Account Number must be entered in the appropriate section of the Waybill. If not so entered, or if the third party does not make payment, the Charges will automatically be billed to the Sender and duties and taxes to the Recipient.
4.5 Duties and taxes may be assessed on the contents of Shipments. SMB Express is not required to make advance payment of duties and taxes and may require the Sender, Recipient or liable third party to pay SMB Express prior to SMB Express discharging any liability for duties and taxes. The Recipient will be charged for such duties and taxes unless the “Bill Sender Duties and Taxes” or “Bill Third Party Duties and Taxes” box is marked on the Waybill and a valid SMB Express Account Number is indicated on the Air Waybill. Such options are available for specified locations only. Further details on the locations are available upon request.
4.6 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.
5.1 SMB Express may audit each Waybill to verify service selected and Package/Shipment weight. If the service selected or weight entered is incorrect, SMB Express may make appropriate corrections to the Waybill and appropriate adjustments to the invoice at any time.
5.2 When Waybills are produced by the Sender through any automated shipping device, any omission or incorrect entry on the Waybill concerning the weight or number of Packages will result in a billing based on SMB Express’s estimate of the number of Packages transported and either the dimensional weight at the time of billing or a standard default weight per Package estimate, as determined by SMB Express and which will be available upon request.
5.3 Charges may be assessed based on the Domestic rate.
6. DIMENSIONAL WEIGHT (DIMW)
For volumetric standard or dimensional weight (DIMW), dimensional weight is determined by multiplying a Package’s length by height by width (all in centimetres) and dividing the total by 5000. 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 SMB Express.
7. REFUSAL OR REJECTION OF SHIPMENTS
SMB Express reserves the right to refuse, hold, cancel, postpone, reject or return any Shipment at any time if such Shipment would in the opinion of SMB 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 SMB Express accepts a Shipment does not mean that such Shipment conforms to applicable laws and regulations or to the present Conditions.
8. Limitations & Constraints
8.1 Package size and weight limitations are vary. Details are available upon request.
8.2 There is a limit of 150 kilos on the aggregate weight of a multiple piece Shipment provided each individual Package within the Shipment does not exceed the per Package weight limit specified for the destination. Shipments exceeding 100 kilos require advance arrangement with SMB Express Details are available upon request.
8.3 Shipments must be tendered in the appropriate SMB Express packaging.
8.4 No more than one type of service may be indicated on a single Waybill and no more than one SMB Express Envelope may be shipped on a single Waybill.
8.5 The Sender is allowed to ship up to ten different commodities on a single Waybill.
8.6 The Shipper is allowed to ship up to 5 Packages on a single Waybill.
9. ITEMS UNACCEPTABLE FOR CARRIAGE
9.1 The following items are not acceptable for carriage to any Domestic destination:
- MONEY, EXPLOSIVES, FIREWORKS AND OTHER ITEMS OF AN INCENDIARY OR FLAMMABLE NATURE,
- HUMAN CORPSES, ORGANS OR BODY PARTS, HUMAN AND ANIMAL EMBRYOS, CREMATED OR DISINTERRED HUMAN REMAINS, EXCEPTED BLOOD, URINE AND OTHER LIQUID DIAGNOSTIC SPECIMENS
- FIREARMS, WEAPONRY, AMMUNITION AND THEIR PARTS;
- FOODSTUFFS, PERISHABLEs, FOOD ARTICLES AND BEVERAGES REQUIRING REFRIGERATION OR OTHER ENVIRONMENTAL CONTROL;
- PLANTS AND PLANT MATERIAL, INCLUDING SEEDS AND CUT FLOWERS (CUT FLOWERS ARE ACCEPTABLE TO CERTAIN DESTINATIONS, INFORMATION AVAILABLE UPON REQUEST);
- LOTTERY TICKETS, GAMBLING DEVICES;
- ALL KIND OF PORNOGRAPHY.
- HAZARDOUS WASTE, INCLUDING, BUT NOT LIMITED TO, USED HYPODERMIC NEEDLES AND/OR SYRINGES OR MEDICAL WASTE;
- LIVE ANIMALS and insects PETS AND LIVE FISH ARE NOT ACCEPTED.
SMB Express excludes all liability for Shipments of such items howsoever accepted (including acceptance by mistake or under notice).
9.2 Additional restrictions may apply depends on the service option used and various regulatory therefore extending the transit time. SMB Express reserves the right to reject Packages based upon these limitations or for reasons of security or safety. SMB Express shall be entitled to charge an administrative fee for packages rejected and for the costs of returning goods, where applicable, to the Sender. Further information is available upon request.
9.3 The Money Back Guarantee (see Section 17) is not applicable to items unacceptable for carriage.
10. DANGEROUS GOODS
10.1 Dangerous good are not accepted by SMB Express.
10.2 SMB Express packaging is not suitable for dangerous goods and these may not be shipped in any SMB Express
11.1 All Packages must be prepared and packed by the Sender for safe transportation by air and road assuming ordinary care in handling. Each Shipment must be legibly and durably marked with the name, street-, city- and country address including postcode of the Sender and the Recipient.
11.2 Any articles susceptible to damage as a result of any condition, which may be encountered in air transportation, such as changes in temperature or atmospheric pressure, must be protected by the Sender.
11.3 SMB Express does not provide temperature-controlled transport. Under no circumstances can SMB Express be obliged to add dry ice to shipments, notwithstanding any oral or written statements from the customer or SMB Express to the contrary.
11.4 SMB Express shall not be liable for any damage arising out of changes in temperature or pressure.
12.1 SMB Express may, at its option, or upon the request of the competent authorities, open and inspect any Shipment at any time, and shall incur no liability of any kind therefore.
12.2 In accordance with applicable regulations in various jurisdictions SMB Express is required to undertake (random) X-ray screening. SMB Express may undertake such screening and the Sender and Recipient hereby waive any possible claims for damages as a result of screening.
13. DUTIES AND TAXES
13.1 Without prejudice to Sections 4.5 and 4.6., SMB Express may elect to advance on behalf of the party responsible for payment thereof (“the Payer”), any duties and taxes as assessed by Customs. For all Shipments, SMB Express may contact the Payer before customs clearance is complete to confirm the arrangements for reimbursement of amounts to be advanced. At its sole discretion, SMB Express may require confirmation of reimbursement arrangements as a condition to completion of clearance and deliveryincluding, but not limited to, cases of deliveries to Recipients that SMB Express believes are not creditworthy, and of Shipments with high declared values.
13.2 If a Recipient or a third party from whom reimbursement confirmation is requested refuses to pay the duties and taxes necessary to release the Shipment from Customs, SMB Express may contact the Sender. If the Sender refuses to make satisfactory arrangements to reimburse SMB Express, the Shipment will be returned to the Sender, placed into a general order warehouse or a Customs-bonded warehouse or considered undeliverable (See “Undeliverable Shipments”). The Sender will then be responsible for payment of both the original Charges and the return Charges. If SMB Express advances any amounts as duties and taxes at either the original destination or upon return, the Sender shall also be liable for such amounts and all fees and surcharges related to SMB Express advancement of duties and taxes.
13.3 Any Shipments may be delayed if SMB Express is not able to obtain satisfactory confirmation of arrangements to reimburse it for amounts to be advanced for duties and taxes. These delays, or any other failure to comply with these Conditions are liabilities not assumed and are not Service Failures and are not covered by the Money Back Guarantee (See Section 16: MONEY BACK GUARANTEE and Section 18: LIABILITIES NOT ASSUMED).
13.4 If SMB Express advances duties and taxes it reserves the right to assess a surcharge. The Sender should refer to the SMB Express rate sheets in effect at the time of shipment or call SMB Express for an explanation of the surcharge. Notwithstanding that SMB Express reserves the right to auction or otherwise dispose of goods to recover Charges not reimbursed, the Sender shall remain liable for such charges.
14.1 SMB Express reserves the right to route the Shipment in any way it deems appropriate. There are no transit places, which are agreed upon at the time of tender of the Shipment. SMB Express assumes no obligation to reroute any Shipment to a third country or carry the Shipment by any specified aircraft or over any particular route or to make connection at any point according to any schedules. SMB Express may, without notice, substitute alternate carrier or aircraft, deviate from the route or routes, or cause the Shipment to be transported by motor vehicle. The Sender agrees to SMB Express’s right to divert any Shipment (including use of other carriers) in order to facilitate its delivery.
14.2 Shipments are delivered to the Recipient’s address. There is no obligation to deliver a Shipment to the Recipient personally. SMB Express may deliver to someone other than the person named on the Waybill. Shipment addresses should always include the complete address of the Recipient and its telephone or fax number. (Shipments cannot be delivered to P.O. Boxes).
14.3 SMB 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.
14.4 Shipments to hotels, government offices or installations, university campuses or other facilities which have a mail room or central receiving area may be delivered to the mail room or central receiving area.
14.5 Saturday delivery, if available, will be subject to a special handling fee in those countries where Saturday is not a regular Business Day.
14.6 The SMB Express First service option for an early morning delivery, if available, is subject to an additional delivery fee (the “SMB Express First Delivery Fee”).
15.1 Redelivery service will be provided at no additional charge. A notice of attempted delivery will be left at the Recipient’s address after each attempted delivery, indicating date and time of the presentation. Any Shipment which cannot be delivered after three (3) attempted deliveries will be returned to the nearest SMB Express facility and an attempt made to notify the Recipient. In the case of deliveries to a private address (“Residential Deliveries”), only one re-attempt will be made after the initial attempted delivery.
15.2 If the Shipment has not been delivered after three (3) attempted deliveries (two (2) in case of a “Residential Delivery”) or after being held for five (5) Business Days from the date the Shipment is received and has cleared customs in a destination station, it will be considered undeliverable (See Section 16: UNDELIVERABLE SHIPMENTS).
16.1 A Shipment is considered as undeliverable if (i) the Recipient’s address is incomplete, illegible, incorrect or cannot be located, (ii) delivery is impossible because of the unavailability or refusal of an appropriate person to accept delivery or sign for delivery of the Shipment on the initial delivery attempt or reattempts, (iii) the Shipment is unable to clear Customs, (iv) the Shipment would likely cause damage or delay to other Shipments or goods, or injury to persons, (v) the Shipment contains prohibited items, (vi) the Recipient is unable or refuses to pay for a Bill Recipient Shipment, or (vii) the Shipment’s contents or packaging are damaged to the extent that re-wrapping is not possible.
16.2 If a Shipment is undeliverable for any reason, SMB Express may attempt to notify the Sender to arrange for the return of the Shipment, without prejudice to any local regulatory constraints. If the Sender cannot be contacted within five (5) Business Days or fails to give instructions within a reasonable period of time as determined by SMB Express, SMB Express at its sole option, may return the Shipment to the Sender, place the Shipment in a general order warehouse or Customs-bonded warehouse or dispose of the Shipment. The Sender will be liable for any and all costs, Charges and fees incurred in returning, storing or disposing of an undeliverable Shipment, unless the Shipment was undeliverable due to the fault of SMB Express. For returned Shipments containing dangerous goods, the Sender must supply a completed return Waybill and all other required documents.
16.3 Return Charges will be assessed to the Sender together with the original Charges, unless the Shipment was undeliverable due to the fault of SMB Express. Also included will be any other Charges incurred by SMB Express including but not limited to duties, taxes and storage fees, if applicable.
17. MONEY BACK GUARANTEE POLICY
SMB Express offers a Money Back Guarantee for any SMB Express Services (Domestic), will upon request either refund or at its option credit to the applicable invoice the Transportation Charges incurred by the Sender if the first attempted delivery of a Shipment occurs 60 seconds or more after the applicable Delivery Commitment Time (“Service Failure”). However, the Money Back Guarantee policy will only apply once a delivery commitment has been established by SMB Express after pick up of the Shipment.
This Money-Back Guarantee, if available (customers should check with SMB Express for details), can be suspended or revoked without notice.
In order to qualify for a refund or credit the following limitations apply:
a) Where Customs or other regulatory clearances are delayed due to inspection or sampling requirements, or due to Sender’s errors or omissions in documentation, the delivery commitment time is modified by adding one Business Day for each day (or fraction thereof) that such clearances are delayed;
b) For invoiced Shipments and for Shipments sent using an automated shipping device, SMB Express must receive notification in writing of a Service Failure within 15 days from the invoice date. The Sender must furnish with the proof of its payment the invoice number to which the payment applies. If an invoice is not paid in full, the reason for each unpaid charge must be noted with its Waybill or Package tracking number;
c) For Shipments not invoiced by SMB Express (paid by cash, check, money order or credit card) the Sender must notify SMB Express in writing of a Service Failure within 15 days after the date of Shipment;
d) Notification must include the account number, if any, the Waybill or Package tracking number, the date of shipment and complete Recipient information;
e) A Service Failure will not be deemed to have occurred if within 30 days after SMB Express is notified, it furnishes proof either of timely delivery consisting of the date and time of delivery and name of the person who signed for the Shipment, or service exception information reflecting that the failure to timely deliver resulted from any term permitting extension of time for delivery herein or circumstances described under Section 18 : LIABILITIES NOT ASSUMED;
f) Only one refund or credit is permitted per Package. If a Service Failure occurs for any Package within a multiple package Shipment, a refund or credit will be given only for the proportion of the Transportation Charges applicable to that Package;
g) A refund or credit will be given only if complete Recipient information was provided at the time of shipment. Complete Recipient information must be provided on either the Waybill or through an automated shipping device.;
h) A refund or credit will not be given to Shipments delayed due to incorrect addresses or to the unavailability or refusal of a person to accept delivery, whether or not the Package is returned to the Sender, or sign for the Package or by reason of any term permitting extension of time for delivery herein or causes described under Section 19: LIABILITIES NOT ASSUMED ;
i) This Money Back Guarantee applies only to Transportation Charges and does not apply to duties, taxes or declared value charges or any other Charges;
j) A refund or credit will not be given to customers using automated shipping devices if incorrect package tracking numbers are applied to the subject Package or Shipment;
k) A Service Failure will not be deemed to have occurred if a “bill to” SMB Express Account Number was provided at the time of shipment that was not in good credit standing and the Package was held until alternate payment arrangements were secured. For purposes of this provision, “in good credit standing” shall mean that (1) payment on the SMB Express Account is current, (2) the Account is not in “cash only” status, and (3) for commercial or business Accounts, the balance does not exceed the credit limit established by SMB Express.
l) This Money Back Guarantee does not apply to undeliverable or returned Shipments or any Shipment containing Dangerous Goods.
m) This Money Back Guarantee does not apply to delays in delivery caused by adherence to SMB Express policies regarding the payment of duties and taxes prior to customs clearance or at delivery.
18. DECLARED VALUE AND LIMITS OF LIABILITY
18.1 If the Sender enters a higher Declared Value for Carriage on the Waybill, the liability of SMB Express is limited to the higher of a) the amount provided by the applicable Domestic of 100SAR
18.2 SMB Express 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 above. The Sender should refer to the SMB Express rate sheets in effect at the time of shipment or call SMB Express for an explanation of the additional charge. The Declared Value for Carriage of any Package represents SMB Express‘s maximum liability in connection with a shipment of that Package, including but not limited to, any loss, damage, delay, mis-delivery, any failure to provide information, or mis-delivery of information relating to the Shipment.
18.3 The maximum Declared Value Carriage the contents of a SMB Express packaging, is SAR 375 per Shipment, whichever is greater. Goods with a value (actual or declared) exceeding these amounts, should NOT be shipped in a SMB Express Envelope or SMB Express Pak.
18.4 For Shipments containing extraordinary value the Declared Value for Carriage is also limited and depends on the contents of the Shipment:
18.5 Regardless of the declared value of a Package, SMB Express’s liability for loss, damage, delay, mis-delivery, non-delivery, misinformation, any failure to provide information, or mis-delivery of information, will not exceed the Shipment’s repair cost, its depreciated value or its replacement cost, whichever is less.
19.1 SMB Express 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 17)
19.2 SMB Express WILL NOT BE LIABLE IN ANY EVENT FOR CONSEQUENTIAL OR INDIRECT LOSSES OR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME OR PROFITS UNLESS SUCH DAMAGES WERE CAUSED BY ITS WILFUL MISCONDUCT OR GROSS NEGLIGENCE.
19.3 SMB Express shall not be liable for losses or delays in certain circumstances set forth in Section 19.4. Exposure to and risk of any such loss or delay is assumed by the Sender and the Sender should contact an insurance agent or broker if insurance cover is desired. SMB Express DOES NOT PROVIDE INSURANCE COVER.
19.4 SMB Express 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, mis-delivery or non-delivery or misinformation including but not limited to any such loss, damage, delay, mis-delivery, non-delivery or misinformation caused by or resulting from:
20. NO WARRANTIES
Save as expressly set out herein SMB Express makes no warranties, express or implied.
21.1 All claims due to delay (including spoiled claims) or shortage must be notified to SMB Express within 21 calendar days after delivery of the Shipment, failing which no action for damages may be brought against SMB Express. All claims due to damage (visible or concealed) must be notified to SMB Express in writing within 48 hours after delivery of the shipment failing which no action for damages may be brought against SMB Express. All claims must be made within strict time limits please see our Conditions of Carriage
Receipt of the Shipment by the Recipient without written notice of damage on the delivery receipt is prima facie evidence that the Shipment was delivered in good condition. As a condition for SMB Express considering any claim for damage the Recipient must make the contents, original shipping cartons and packaging available for inspection by SMB Express.
SMB Express reserves the right to inspect damaged Shipments on the customer’s premises as well as the right to retrieve the damaged Package for inspection at a SMB Express facility.
All of the original shipping cartons, packing and contents must be made available for inspection by SMB Express and retained until the claim is concluded.
21.2 Claims for Loss, Non-delivery or Mis-delivery
All claims for loss, non-delivery or mis-delivery must be received by SMB Express in writing within 45 calendar days after the Shipment is accepted by SMB Express.
SMB Express will only accept claims filed by the Sender unless the Sender provides written permission to accept the claim by the Recipient.
21.3 Filing a Claim and Time Limitation
Within 30 days after notification to SMB Express of the claim, it must be documented by sending all relevant information about it to SMB Express. SMB Express is not obligated to act on any claim until all Charges have been paid; the claim amount must not be deducted from those charges. The right to damages against SMB Express shall be extinguished unless a legal action is brought within two (2) years from the date of delivery (in case of damage) or the date the Shipment should have been delivered (in case of loss, non-delivery, mis-delivery or delay in delivery).
The agreed date of delivery for purposes of calculating the deadline shall be the day following the date of the Shipment. Statutes of limitation providing for shorter statutory or contractually agreed provisions shall prevail over this provision.
Only one claim can be filed in connection with a Shipment. Acceptance of payment of a claim shall extinguish any right to recover further damages or to claim further compensation in connection with that Shipment.
SMB Express reserves the right to assess fuel and other surcharges on Shipments without notice. The duration and amount will be determined at SMB Express’s sole discretion. The Sender, by tendering his Shipment to SMB Express, agrees to pay the surcharges in force at the later of the time of order or time of collection, such Charges to be determined by SMB Express at its entire discretion. Details of current surcharges are available upon request.
Any failure by SMB Express to enforce or apply a provision of these Conditions does not constitute a waiver of that provision and does not otherwise impair SMB Express right to enforce such provision.
24. 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 versions.
25. DATA PROTECTION
25.1 SMB Express warrants that:
a) it shall comply with all mandatory applicable laws, regulations and rules concerning data protection or privacy in relation to personal data processed by it for the performance of a Shipment.
b) it shall maintain appropriate security systems in relation to data held by it to prevent unlawful or unauthorised accessing or use of data and the accidental loss or destruction of, or damage to, such data.
c) it shall only process any personal data to the extent necessary for the performance of the Shipment.
d) the data shall only be held for as long as is reasonably necessary.
25.2 By submitting any personal data to SMB Express the Shipper consents to SMB Express using this data for the purposes of SMB Express (or its agents or subcontractors) performing their obligations under the relevant Waybill and the Conditions. The shipper also consents to SMB Express sharing this data with its subsidiaries and branches confirm that SMB Express can do the same with the consignee’s personal data.
25.3 In relation to any data provided by the Shipper concerning a Consignee or third party in connection with a Shipment, the Shipper warrants that it has complied with applicable data protection laws including obtaining all necessary consents and approvals for the provision of such data to SMB Express and the processing by SMB Express of this data for the performance of the Shipment.
25.4 In connection with the performance of the Shipment SMB Express may use the services of subcontractors or agents and that data shall be transferred to them solely for the performance of their services in connection with such Shipment and in accordance with these Conditions.
25.5 By submitting the Shipment and by signing the Waybill the Shipper consents to the transfer of such personal data.