DEFINITIONS: We, Our, Us or Kolob refer to Kolob Express, its employee or agents/service partners. You, Your, refer to the shipper, customer, your employees or agents and designated agents and related parties in the shipment. A shipment shall mean all items conveyed by us at one time from one collection point to one delivery address.
SENDER’S RESPONSABILITY: By giving us your shipment, you agree to these terms and conditions. The sender agrees to confirm that the submitted declaration of contents is correct and that the shipment complies with IATA Regulations and that the shipment is properly prepared, packed, labeled and documented correctly.
ALTERATIONS: Kolob Express provides logistics & transportation only under these terms and conditions, and they may not be altered in any way except by written approval by an officer of Kolob Express.
METHOD OF TRANSPORTATION: We reserve the right to carry the consignment by any means available including road or by any other carrier unless specific contrary instructions are given in writing by the sender.
SUB-CONTRACTING: We have the right to delegate or sub-contract the performance of any of our obligations. You authorize us to sub-contract on relevant standard or any terms we think appropriate.
LIMITATIONS OF LIABILITY: You will make your own arrangements to insure the shipment to its full value against all appropriate risks, except to the extent that we agree to do so, in which case we shall effect insurance as your agent, and you will pay additional insurance fees. We shall not be liable for any claim in connection with a shipment or otherwise except to the extent to which it arises from our negligence or willful default.
In any event, we will not be liable to pay any compensation for loss of income, business profits, utility, market opportunity, wasted expense, or consequential or indirect losses howsoever caused.
In any event, our liability for any claim (or all claims arising from a single incident) whether arising in contract, tort, negligence, breach or statutory duty or otherwise shall not exceed:
a) Where the Warsaw Convention and Montreal Convention applies (applicable if carriage involves an ultimate destination or stop in a country other than the country of departure) the Warsaw Convention and Montreal Convention may be applied if the Convention governs and in most cases limits the liability of the carrier in respect to loss, damage or delay of cargo.
b) Where the Convention on the Contract for the International Carriage of Good by Road (CMR) applies (it may apply if the carriage of a shipment by road vehicle involves delivery in a country other than in the country in which the shipment was taken over), the limit provided by it.
c) In all other instances $100 per shipment.
d) Force Majeure: If we cannot deliver according to agreement, and this is due to reasons outside of our control, reasons we could not have predicted nor reasonably could have overcome such as strike, war, natural disaster, national state of emergency decisions by government or authorities or similar actions then such action or condition shall be considered a valid reason for us to deliver any affected consignments at a later point in time without penalty or other compensation to any party.
In any event we shall not be liable for loss or misdelivery of a part of a shipment or for damage to any shipment (however caused) unless we are notified in writing within 14 days after the end of transit or for a whole of the shipment or any separate packages forming part of the shipment (however caused) unless we are notified in writing within 28 days of the expected delivery date.
Delivery Time: Any stated delivery time is an estimate based on our knowledge and experience.
WARRANTY: You warrant and represent that you are the owner or authorized agent of the owner of any shipment you ask us to deliver. You accept these terms for yourself and on behalf of the owner also and on behalf of everyone else now or later who has an interest in the shipment.
COLLECT CHARGES: If we accept a shipment on the instructions to collect all costs of transportation including duty and taxes from the consignee or any other third party, your firm will remain responsible for payment if they are not paid by any other party when the invoice is due.
PAYMENT TERMS: Unless stated otherwise on our billing invoice or by separate written agreement between you and us, all invoice for payment is due upon receipt. Interest will be payable at 1.5% per month after the first 60 days from the date of the invoice.
DUTIES AND TAXES: You are responsible for all duties, taxes, deposits or other charges made by any authority in connection with the shipment, and for any payments, fines, expenses or losses we incur in connection with the shipment.
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