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Terms of Carriage

When using Fetchr’s services you, as “Shipper,” are agreeing, on your behalf and on behalf of the receiver of the Shipment (“Receiver”), and anyone else with an interest in the Shipment, that these Terms and Conditions shall apply. Fetchr reserves the right to amend these terms at any time.

“Shipment” means all documents or parcels that travel under one waybill and which may be carried by any means Fetchr chooses, including air, road or any other carrier. A “waybill” shall include any Shipment identifier or document produced by Fetchr or Shipper such as a label, barcode, waybill or consignment note, in addition to any electronic version thereof. Every Shipment is transported on a limited liability basis as provided herein. “Fetchr” means any affiliate, partner or subcontractor of Fetchr.

Shipment Charges and Fees

For domestic delivery services, Fetchr’s Shipment charges are calculated according to the higher of actual or volumetric weight per piece, and any piece may be re-weighed and re-measured by Fetchr to confirm this calculation.

Shipper, or the Receiver when Fetchr acts on Receiver’s behalf, shall pay or reimburse for all Shipment or other charges due, or Customs Duties owed for services provided by Fetchr or incurred by Fetchr on Shipper’s or Receiver’s behalf. Payment of Customs Duties may be required prior to delivery.

Unacceptable Shipments

Shipment is deemed unacceptable if:

  1. no customs declaration is made when required by applicable regulations,
  2. it contains counterfeit or other illegal goods
  3. it is classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), Arab Convention or other relevant local laws and regulations (“Dangerous Goods”),
  4. it contains any other item which Fetchr decides cannot be carried safely or legally.

Inspection

Fetchr has the right to open and inspect a Shipment, without notice, for safety, security, customs or other regulatory reasons.

Compliance with Applicable Laws and Regulations

The Shipper understands and agrees that in the event any shipment becomes the subject of an investigation by law enforcement, Fetchr shall have the right to cooperate with law enforcement, including without limitation opening the Shipment and providing law enforcement with contact information and other personally identifiable information (“PII”), or sensitive personal information (“SPI”) of the Shipper and/or Receiver.

The Shipper shall be responsible for any costs, expenses, fees and penalties, imposed by government authorities in connection with the Shipper’s failure to comply with applicable laws and regulations, such as, without limitation, any tax obligations, licensing, related to the sale of goods, etc. in the event government authorities impose sanctions (financial penalties, suspension of license, etc.) of any kind against Fetchr related to the Shipper’s failure to comply with applicable laws and regulations related to the sale of goods, including without limitation any tax obligations, the Shipper shall identify Fetchr against any costs, expenses, fees, penalties, etc. imposed by the government authorities on Fetchr directly or indirectly related thereto.

Deliveries and Undeliverables

Shipper agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places.

Shipments cannot be delivered to PO boxes or postal codes. Shipments are delivered to the Receiver’s address or location given by Shipper, but not necessarily to the named Receiver personally. Shipments to addresses or locations with a central receiving area will be delivered to that area.

Fetchr may notify Receiver of an upcoming delivery or a missed delivery. Receiver may be offered alternative delivery options such as delivery on another day, or signature required, redirection or collection at a Fetchr Service Point. Shipper may exclude some delivery options on request.

If the Shipment is deemed to be unacceptable as described in Clause 2, or it has been undervalued for customs purposes, or Receiver cannot be reasonably identified or located, or Receiver refuses delivery or to pay customs duties, shipment or COD charges, Fetchr shall use reasonable efforts to return the Shipment to Shipper at Shipper’s cost. Fetchr shall have the right to destroy any Shipment which any law prevents Fetchr from returning to Shipper as well as any Shipment of Dangerous Goods.

Fetchr shall store, free of charge, returned or undelivered shipment(s) for a period of up to fifteen (15) days from the date of receiving the returned or undelivered shipment.

After fifteen (15) days, Fetchr shall store the returned or undelivered shipment(s) for a maximum of forty-five (45) days and charge the Shipper Fifty United States Dollars (USD $50) (or the equivalent in local currency) per cubic meter (or as agreed in any applicable Warehousing and Fulfillment Annex) until the

After the forty-five (45) day period, unless the Shipper provides instructions regarding the shipment, it shall be deemed abandoned. Accordingly, Fetchr, at its own discretion, may dispose of, sell or donate the stored shipment and retain the proceeds, without a court order or consent from the Shipper, and with no further liability to Shipper.

Claims and Liability

All claims must be submitted in writing to Fetchr within ten (10) days from the date that Fetchr accepted the Shipment, failing which Fetchr shall have no liability whatsoever. Claims are limited to one claim per Shipment, settlement of which will be full and final settlement for all loss or damage in connection therewith.

Fetchr’s liability is strictly limited to direct loss and damage to a Shipment only. All other types of loss or damage are excluded (including but not limited to lost profits, income, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to Fetchr’s attention.

With respect to any single shipment, Fetchr’s liability is limited to the replacement cost of the goods within the shipment, up to a maximum of One Hundred United States Dollars (USD $100) (or the equivalent in local currency at the time such liability is incurred). Such limitation shall apply to any COD proceeds.

Fetchr will make every reasonable effort to deliver the Shipment according to Fetchr’s regular delivery schedules, but these schedules are not binding and do not form part of the contract. Fetchr is not liable for any damages or loss caused by delay.

Fetchr is not liable for any loss or damage arising out of circumstances beyond Fetchr’s control. These include but are not limited to electrical or magnetic damage to, or erasure of, electronic of photographic images, data or recordings; any defect or characteristic related to the nature of the Shipment, even if known to Fetchr; any act or omission by a person not employed or contracted by Fetchr, such as Shipper, Receiver, third party, customs or other government official or Force Majeure events such as earthquake, cyclone, storm, flood, fog, war, plane crash, embargo, riot, civil commotion, or industrial action.

Shipper’s Warranties and Indemnities

Shipper shall indemnify and hold Fetchr harmless for any loss or damage arising out of Shipper’s failure to comply with the following warranties and representations:

  1. all information provided by Shipper or its representatives in complete and accurate;
  2. the Shipment is acceptable for transport under Clause 2 above;
  3. the Shipment was prepared in secure premises by reliable persons and was protected against unauthorized interference during preparation, storage and any transportation to Fetchr;
  4. Shipper has complied with all applicable customs, import, export, data protection laws, sanctions, embargoes and other laws and regulations; and
  5. Shipper has obtained all necessary consents in relation to personal data provided to Fetchr including Receiver’s data as may be required for transport, customs clearance and delivery, such as e-mail address and mobile phone number.

Governing Law

Any dispute arising under or in any way connected with these Terms and Conditions shall be subject, for the benefit of Fetchr, to the non-exclusive jurisdiction of the courts of, and governed by the law of the country where the Services occur, and Shipper irrevocably submits to such jurisdiction, unless contrary applicable law.

Governing law for international shipments may be subject to a separate agreement.

Severability

The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions.

Further information is available on the Fetchr website (fetchr.us) or from your Fetchr account manager.