Introduction
These Terms and Conditions govern the use of services provided by Kolob Express (“Kolob Express,” “we,” “us,” or “our”). By utilizing our services, you agree to comply with these Terms and Conditions.
1. Definitions
“We,” “Our,” “Us,” or “Kolob”: Kolob Express, its employees, or agents/service partners.
“You,” “Your”: The shipper, customer, your employees or agents, and designated agents and related parties in the shipment.
“Shipment”: All items conveyed by us at one time from one collection point to one delivery address.
2. Sender’s Responsibility
By entrusting us with your shipment, you agree to adhere to these terms and conditions. You confirm that the submitted declaration of contents is accurate, and that the shipment complies with IATA Regulations. The sender is responsible for ensuring proper preparation, packing, labeling, and documentation of the shipment.
3. Alterations
Kolob Express provides logistics and transportation services solely under these terms and conditions, which may not be altered except by written approval by an officer of Kolob Express.
4. Method of Transportation
We reserve the right to transport the consignment by any available means, including road or by any other carrier, unless specific contrary instructions are provided in writing by the sender.
5. Sub-contracting
We may delegate or sub-contract the performance of any of our obligations. By utilizing our services, you authorize us to sub-contract on relevant standard or any terms we deem appropriate.
6. Limitations of Liability
By tendering the shipment to Kolob Express, the shipper agrees to the terms and conditions available from our website or upon request. Kolob Express’s liability for loss, damage, or delay of the shipment will not exceed $100 USD or the declared value provided it is less than $100 USD.
a) Warsaw Convention and Montreal Convention: Where applicable, the Warsaw Convention and Montreal Convention govern the liability of the carrier in respect of loss, damage, or delay of cargo during international transportation.
b) Under no circumstances shall Kolob Express be liable for special, consequential, indirect, or incidental damages or losses. If shipping via air, the shipper authorizes the shipment to be searched or inspected by the air carrier following standard security measures.
7. Force Majeure
If we cannot deliver according to the agreement due to reasons outside of our control, such as strike, war, natural disaster, or government decisions, such action or condition shall be considered valid reason for delayed delivery without penalty or compensation.
8. Notification of Claims
We shall not be liable for loss, misdelivery, or damage to the shipment unless notified in writing within 14 days after the end of transit or within 28 days of the expected delivery date.
9. Delivery Time
Any stated delivery time is an estimate based on our knowledge and experience.
10. Warranty
By utilizing our services, you warrant and represent that you are the owner or authorized agent of the owner of the shipment. You accept these terms on behalf of yourself, the owner, and any other party with an interest in the shipment.
11. Collect Charges
If we accept a shipment with instructions to collect all transportation costs from the consignee or any third party, your firm will remain responsible for payment if not paid by the due date.
12. Invoicing and Payment Terms
Unless otherwise specified in our invoice or in a written agreement, a separate invoice will be issued for each completed shipment, except in cases where specific reasons, especially those of force majeure resulting in prolonged delays, necessitate us to provide specific services aimed at the proper safeguarding of the shipment in question. In such cases, partial invoices will be issued for the specific services and products provided, on a weekly, bi-weekly, or monthly basis.
For total invoices, meaning one invoice per shipment, these will be issued and sent to our customers within 30 days following the delivery of the shipment. The invoice issuance date should be considered as the payment request date for said invoice.
A surcharge of $1.00 per day will be added for each day after the 30-day period from the invoice issuance date.
Normally, our invoices are transmitted via email, unless a physical copy is requested, in which case, it can be sent to our customers by postal mail.
13. Duties and Taxes
You are responsible for all duties, taxes, and charges made by any authority in connection with the shipment, as well as any expenses or losses incurred by Kolob Express.