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TERMS AND CONDITION

 

1.  DEFINITIONS 
 

Conditions" shall mean these Conditions of Carriage which term shall also include those agreements, laws and conventions expressly referred to herein and as updated by Asset in Motion from time to time.

"Asset in Motion" means, Asset in Motion PTY LTD, its subsidiaries and branches, their respective employees and agents and independent contractors. The contract of carriage is with the Asset in Motion subsidiary, branch, third party transit service provider or independent contractor which accepts the Shipment from the Sender.

"The Sender" or "The Shipper" or "Customer" 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

"Bags" or "Luggage" means any single bag or piece that is accepted by Asset in Motion, including any such items tendered by the Sender utilizing Asset in Motion automated systems, meters, manifests or (Air) Waybills.

"Shipment" means one or more pieces, either Bags or freight, moving on a single (Air) Waybill.

"(Air) Waybill" means any shipping document, manifest, label, stamp, electronic entry or similar item used in the Asset in Motion transportation system.

"Transportation Charges" means the fees, charges and amounts assessed or levied for movement of a Shipment by Asset in Motion 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 in the country or region of shipment or in the country or region of destination are open for business. Business days and holidays may vary by country or region of destination. Customers should contact Asset in Motion 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 Ancillary Charges, declared value charges, special handling fees and other surcharges detailed in these Conditions or any updated Conditions and, if and where applicable, customs duties and taxes and other costs reasonably incurred by Asset in Motion relating to transport of a Shipment.

"Declared Value for Carriage" means that value, if any, indicated by the Sender on the (Air) Waybill, constituting the maximum amount Asset in Motion liability in connection with the Shipment of the Bags.

"Declared Value for Customs" means the selling price or replacement cost of the Shipment’s contents as required for customs clearance purposes.

"Delivery Commitment Time" means the published delivery commitment for the Asset in Motion service or the delivery commitment quoted by Customer Service for that Shipment which takes into account the commodity being shipped, date of shipment, destination, weight of the Shipment and value of the Shipment.

"Asset in Motion Account Number" or "Asset in Motion Account" means the number issued by Asset in Motion to a customer ensuring account activity is summarized by the Asset in Motion system and the payer is billed appropriately.

2. RATES 
  Rates and service quotations by employees and agents of Asset in Motion 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. Asset in Motion 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. Asset in Motion will only provide estimates of customs duties and taxes through the Estimate Duties and Taxes feature on Asset in Motion Global Trade Manager at but final duties and taxes may vary.
Rates applied shall be those rates applicable and in force at the time that the contract of carriage is made.
3. BILLING
  3.1 Notwithstanding that Asset in Motion reserves the right to require payment of any Charges 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. Asset in Motion reserves the right to increase any amount unpaid at due date, as of right and without prior notice of remedy, by 15 % (or such amount as applied by Asset in Motion per the local applicable payment terms and conditions) as liquidated damages for administrative costs, and a yearly interest of 6 % above the SA Central Bank Rate (or such rate as applied by Asset in Motion per the local applicable payment terms and conditions), to be calculated per commenced month or the maximum allowed interest rate under the applicable legislation, if lower.
  3.2 "Bill Sender" or "Bill Shipper" or "Customer" means Charges will be billed to the Sender.
  3.3 "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 Asset in Motion Account Number and this number must be entered in the appropriate section of the (Air) 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.
  3.4 "Bill Third Party" means Charges will be billed to someone other than the Sender or Recipient. The third party's valid Asset in Motion Account Number must be entered in the appropriate section of the (Air) Waybill. If not so entered, or if the third party does not make payment, the Transportation Charges will automatically be billed to the Sender and duties and taxes, if any, to the Recipient.
  3.5 For "Bill Sender", "Bill Recipient" or "Bill Third Party" transactions (see below), Bags will not be accepted unless a valid Asset in Motion Account Number is entered on the (Air) Waybill. Asset in Motion 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 an Asset in Motion 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 Asset in Motion Account Number should be disclosed only to persons authorized to ship on the account. Failure to keep the Asset in Motion 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 Bags being delayed, rejected or returned until arrangements for payment are completed.
  3.6 If applicable, duties and taxes may be assessed on the contents of Shipments. Asset in Motion is not required to make advance payment of duties and taxes and may require the Sender, Recipient or liable third party to pay Asset in Motion prior to Asset in Motion 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 (Air) Waybill and a valid Asset in Motion 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.
  3.7 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.
  3.8 Charges requiring conversion from a currency other than the currency in which the Payer is billed, will be calculated daily using the median bid price obtained from OANDA, an Internet exchange-rate service. The median bid price is the average price at which buyers offer to buy currencies from sellers during the given period. These currency conversion rates can be accessed at www.oanda.com. The currencies of participating European Union countries will have statutory conversion rates to the EURO. There is an additional exchange fee of 1.75%for conversion from any non-U.S. currency to USD, 2.3% for

USD to any currency and 2.0% between all non-U.S. currency conversions. There is no exchange fee between currencies related to the EURO. Charges in currencies other than the U.S. dollars that are not freely convertible will be converted to U.S. dollars and billed to Payer's account, either at the free market rate or at the official rate at which Asset in Motion was permitted to purchase U.S. dollars in the relevant currency, at our sole option. The rate corresponding to the ship date will be used for conversions to non-hyperinflationary currencies. However, we reserve the right to use the exchange rate at invoice date, as opposed to shipment date, in countries where the currency is volatile.

4. INVOICE ADJUSTMENTS / DIMENSIONAL WEIGHT
  4.1 Asset in Motion may audit each (Air) Waybill to verify service selected and Bags/Shipment weight. If the service selected or weight entered is incorrect, Asset in Motion 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.
  4.2 When (Air) Waybills are produced by the Sender through any automated shipping device, any omission or incorrect entry on the (Air) Waybill concerning the weight or number of Bags will result in a billing based on Asset in Motion’s estimate of the number of Bags transported and either the dimensional weight at the time of billing or a standard default weight per Bags estimate, as determined by Asset in Motion and which will be available upon request.
  4.3 Charges are usually based on quoted flat-rate structure, but may also be assessed based on dimensional weight. Dimensional weight is determined by multiplying a Bags's length x height x width (all in centimetres) and dividing by 5000 or such other number as specified by Asset in Motion from time to time on. 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 Asset in Motion.
5.

The following items are not acceptable for carriage to any destination unless otherwise agreed to by Asset in Motion:

MONEY (coins, cash, currency paper money and negotiable instruments equivalent to cash such as endorsed stocks, bonds and cash letters), COLLECTABLE COINS AND STAMPS; JEWELRY

EXPLOSIVES (Class 1.3 explosives are not acceptable for carriage by Asset in Motion. In certain countries Class 1.4 explosives may be acceptable for carriage, Customer Service should be contacted prior to shipment for details), 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;

SHIPMENTS TO APO / FPO ADDRESSES;

CASH ON DELIVERY SHIPMENTS;

FIREARMS, WEAPONRY, AMMUNITION AND THEIR PARTS;

FOODSTUFFS, PERISHABLE 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 WHERE PROHIBITED BY LAW;

PERISHABLES (OTHER THAN UNDER (7)) unless advance arrangements are made;

PORNOGRAPHY AND/OR OBSCENE MATERIAL;

SHIPMENTS BEING PROCESSED UNDER the following unless advance arrangements are made:

CARNETS (allow temporary import for display, etc. without duties);

DRAWBACK CLAIMS (requests for refunds of import duties at time of export);

TEMPORARY IMPORT BONDS (allow temporary import for repair, etc.);

Letters of Credit. Shipments subject to Letters of Credit are generally prohibited, with the exception of shipments subject to Letters of Credit calling for a "courier receipt," as defined by Article 25 of USP 600, shipped using the Asset in Motion Expanded Service International Air Waybill;

HAZARDOUS WASTE, INCLUDING, BUT NOT LIMITED TO, USED HYPODERMIC NEEDLES AND/OR SYRINGES OR MEDICAL WASTE;

WET ICE (FROZEN WATER);

SHIPMENTS REQUIRING ASSET IN MOTION TO OBTAIN ANY SPECIAL LICENSE OP PERMIT FOR TRANSPORTATION, IMPORTATION OR EXPORTATION;

SHIPMENTS THE CARRIAGE, IMPORTATION OR EXPORTATION OF WHICH IS PROHIBITED BY ANY LAW, STATUTE OR REGULATION;

SHIPMENTS WITH A DECLARED VALUE FOR CUSTOMS IN EXCESS OF THAT PERMITTED;

DANGEROUS GOODS EXCEPT AS PERMITTED UNDER SECTION 9 "DANGEROUS GOODS";

DEAD ANIMALS OR ANIMALS THAT HAVE BEEN MOUNTED;

BAGS THAT ARE WET, LEAKING OR EMIT AN ODOR OF ANY KIND;

BAGS THAT ARE WRAPPED IN KRAFT PAPER;

LIVE ANIMALS AND INSECTS EXCEPT WHEN THE SHIPMENT IS COORDINATED AND APPROVED BY THE ASSET IN MOTION LIVE ANIMAL DESK. CUSTOMERS CAN CONTACT ASSET IN MOTION LOCALLY FOR MORE ASSISTANCE. HOUSEHOLD PETS AND LIVE FISH ARE NOT ACCEPTED;

SHIPMENTS THAT MAY CAUSE DAMAGE TO, OR DELAY OF, EQUIPMENT, PERSONNEL OR OTHER SHIPMENTS.

  5.1 Asset in Motion excludes all liability for Shipments of such items howsoever accepted (including acceptance by mistake or under notice).
  5.2 Additional restrictions may apply depending upon destination and service and service option used and various regulatory and customs clearances may be required for certain commodities, therefore extending the transit time. Asset in Motion reserves the right to reject Bags based upon these limitations or for reasons of security or safety. Asset in Motion shall be entitled to charge an administrative fee for Bags rejected and for the costs of returning goods, where applicable, to the Sender. Further information is available upon request.
  5.3 The Money Back Guarantee (see Section 17) is not applicable to items unacceptable for carriage.
6. DANGEROUS GOODS
  6.1 Not all Asset in Motion locations accept dangerous goods, certain Asset in Motion locations do not accept specific classes of dangerous goods and dangerous goods are not accepted to ship via all Asset in Motion services. Shipments falling under the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) need special transport arrangements and the Sender must contact Asset in Motion for shipping confirmation/arrangements prior to shipping. Asset in Motion reserves the right to refuse dangerous goods at any location where they cannot be accepted in accordance with applicable law.
  6.2 All Bags containing dangerous goods must comply with the International Civil Aviation Organization (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air, the International Air Transport Association (IATA) Dangerous Goods Regulations, all Asset in Motion Express variations listed in the current edition of the IATA tariff or other applicable regulations. The Sender will be solely responsible for any damage caused by his non-compliance with any applicable IATA or other regulations. The Sender must provide and shall be liable for the fully effective packaging of all dangerous goods, in compliance with all requirements with regard to classifications, packaging, marking and labelling, documentation, and with any other applicable laws, regulations or rules. The Sender is also responsible for ensuring the Recipient complies with all applicable laws, regulations and rules. Dangerous goods can only be shipped internationally using the Asset in Motion Expanded Service International (Air) Waybill when using a paper (Air) Waybill (see also Section 14.5: ROUTING AND DELIVERY).
  6.3 The Sender must comply with all applicable laws, regulations or rules governing packing, marking and labelling of Shipments of blood and blood products, regardless of whether they are infectious.
  6.4 Asset in Motion packaging may not be used to ship dangerous goods (except for Biological Substance, Category B [UN 3373], which may be shipped in the Asset in Motion UN 3373 Pak) (see also Sections 10.3 and 10.4: PACKAGING AND MARKING).
  6.5 Lithium batteries (UN 3090) that are Primary Non-Rechargeable require pre-approval to ship. For details, go to and enter keyword "lithium batteries."
  6.6 Each Shipment must be accompanied by the IATA Shipper's Declaration for Dangerous Goods form when required.
  6.7 Note: Asset in Motion may be required by law to report improperly declared or undeclared Shipments of dangerous goods to the appropriate local competent authority. The Sender may be subject to fines and penalties under applicable law. The dangerous goods regulations require every Sender to have job-specific dangerous goods training prior to tendering a dangerous goods Shipment to Asset in Motion or another air carrier. When individuals tender a Shipment containing dangerous goods it must be properly classified, bagsd, marked, labeled and identified as dangerous goods, and include the correct dangerous goods documentation.
  6.8 Asset in Motion is required to maintain proper segregation of incompatible dangerous goods on all vehicles and aircraft. This necessity may cause the Shipment to move on the next available truck route or flight on which proper segregation can be maintained.
7. PACKAGING AND MARKING
  7.1 All Bags must be prepared and packed by the Sender/Customer 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 labelling. It is the responsibility of the Sender to properly complete the (Air) Waybill as well as ensuring that it is applied securely/thoroughly on each bag. Each Shipment must be legibly and durably marked with the name, street-, city- and country address including postcode of the Sender and the Recipient. For international Shipments, the Sender’s address must state the country in which the Shipment is tendered to Asset in Motion.
  7.2 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 adequately protected by appropriate packaging by the Sender. Asset in Motion shall not be liable for any damage arising out of changes in temperature or pressure.
  7.3 Asset in Motion does not provide temperature-controlled transport. Under no circumstances will Asset in Motion be obliged to add dry ice to Shipments or to provide re-icing services, notwithstanding any oral or written statements from the customer or Asset in Motion to the contrary. Asset in Motion does not recommend the use of wet ice (frozen water) as a refrigerant.
  7.4 If the Recipient refuses a Bag or the Bag leaks, is damaged, or emits an odour (collectively "Leakage") it will be returned to the Sender, if possible. If the Bags is refused by the Sender, or it cannot be returned because of Leakage, the Sender will be liable for and agrees to reimburse and otherwise indemnify Asset in Motion for all costs, fees and expenses incurred in connection with the clean-up and/or disposal of the Bags. Asset in Motion reserves the right, without liability, to refuse or dispose of Bags showing indications of Leakage.
8. INSPECTION OF SHIPMENTS
  8.1 Asset in Motion 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.
  8.2 In accordance with applicable regulations Asset in Motion is required to undertake (random) X-ray screening. Asset in Motion may undertake such screening and the Sender and Recipient hereby waive any possible claims for damages or delays (including but not limited to the Money Back Guarantee) as a result of screening.
9. UNDELIVERABLE SHIPMENTS
  9.1 An undeliverable Shipment is one that cannot be delivered for reasons that include, but are not limited to, any of the following:
(i) the Recipient’s address is incomplete, illegible, incorrect or cannot be located,
(ii) the Shipment was addressed to an area not served by Asset in Motion,
(iii) the Recipient's place of business is closed
(iv) 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,
(v) the Shipment is unable to clear customs,
(vi) the Shipment would likely cause damage or delay to other Shipments or property, or injury to persons,
(vii) the Shipment contains prohibited items,
(viii) the Recipient is unable or refuses to pay for a Bill Recipient Shipment,
(ix) the Shipment was improperly bagged or
(x) the Shipment’s contents or packaging are damaged to the extent that re-wrapping is not possible.
  9.2 If a Shipment is undeliverable for any reason, Asset in Motion 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 Asset in Motion, Asset in Motion at its sole discretion, may return the Shipment to the Sender; or place the Shipment in a general order warehouse or customs-bonded warehouse or dispose of the Shipment. If a Shipment cannot be delivered, cleared through customs or returned, the Shipment may be transferred or disposed of by Asset in Motion at its sole discretion. 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 Asset in Motion.
  9.3 Shipments that cannot be returned due to local regulatory constraints will either be placed in a general order warehouse or a customs-bonded warehouse or disposed of at Asset in Motion’s sole discretion and at any location. The Sender agrees to pay any costs incurred by Asset in Motion in such placement or disposal.
  9.4 Return Charges will be assessed to the Sender together with the original Charges, unless the Shipment was undeliverable due to the fault of Asset in Motion. Also included will be any other Charges incurred by Asset in Motion including but not limited to duties, taxes and storage fees, if applicable. For returned Shipments containing dangerous goods, the Sender must supply a completed return (Air) Waybill and all other required documents.
10. LUGGAGE VALUE AND LIMITS OF LIABILITY
  10.1 Asset in Motion does not provide any form of all-risk insurance on Baggage items/Luggage.  Customers are advised to contact their travel insurance agent or broker for insurance coverage.
11. LIABILITIES NOT ASSUMED
  11.1 While ASSET IN MOTION will endeavor to exercise its best efforts to provide an expeditious delivery in accordance with regular delivery schedules, ASSET IN MOTION WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR DELAY IN PICKUP, TRANSPORTATION OR DELIVERY OF ANY SHIPMENT, REGARDLESS OF THE CAUSE OF THE DELAY.
  11.2 ASSET IN MOTION does not accept hazardous, combustible or explosive materials, precious metals or stone in any form, negotiable securities, negotiable instruments, travellers cheques, deeds or documents, arms or ammunition, furs, jewellery, watches, coins, medals, stamp collections, currency, un-cancelled postage or revenue stamps, cashiers stamps, cashiers cheques, livestock or plants, or any perishable commodities, and in the event that any Customer should tender such items to UBI, the Customer shall indemnify ASSET IN MOTION for all claims, damages, and expenses in connection therewith and ASSET IN MOTION shall have the light to deal with such items as it shall see fit, including the right to abandon Carriage of the same immediately upon ASSET IN MOTION having knowledge that such items have been tendered.
  11.3 ASSET IN MOTION 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 11) OR THE LIMITATION OF LIABILITY AS SET FORTH IN THE APPLICABLE INTERNATIONAL CONVENTION AS AMENDED OR, FOR SHIPMENTS FROM AND BETWEEN SPECIFIED LOCATIONS WITHIN ONE COUNTRY, BY THE APPLICABLE LOCAL LAW, WHICHEVER IS GREATER, WHETHER OR NOT ASSET IN MOTION KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES MIGHT BE INCURRED INCLUDING, BUT NOT LIMITED TO, LOSS OF INCOME OR PROFITS.
  11.4 ASSET IN MOTION 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.
  11.5 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. ASSET IN MOTION DOES NOT PROVIDE INSURANCE COVER ABOVE THE THRESHOLD OF R 10 000.00/BAG UNLESS EXTRA INSURANCE HAS BEEN REQUESTED AND PAID FOR BY THE SENDER.
  11.6 Asset in Motion 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, misdelivery or non-delivery or misinformation or failure to provide information including but not limited to any such loss, damage, delay, misdelivery, non-delivery, misinformation or failure to provide information caused by or resulting from:

the act, default, or omission of the Sender, Recipient or any other party with an interest in the Shipment;

the nature of the Shipment or any defect, characteristic or inherent vice thereof;

the violation of any of the terms and conditions contained on the (Air) Waybill or these Conditions, tariff or other terms and conditions applicable to the Shipment including, but not limited to, the incorrect declaration of the cargo, the improper or insufficient packing, securing, marking or addressing of Shipments;

any events beyond the control of Asset in Motion including but not limited to perils of the air, public enemies, public authorities acting with apparent or actual authority, acts or omissions of Customs officials, riots, strikes, or other local disputes, civil commotion, hazards incident to a state of war or weather conditions, or national, international or local disruptions in air or ground transportation networks, criminal acts of any person(s) or entities including acts of terrorism, strikes or anticipated strikes (of any entity, including but not limited to other carriers, vendors or suppliers), natural disasters, disruption or failure of communication and information systems (including, but not limited to, Asset in Motion systems), mechanical delay or conditions that present a danger to Asset in Motion personnel;

the acts or omissions of any person other than Asset in Motion, compliance with verbal or written delivery instructions from the Sender, Recipient or persons claiming to represent the Sender or Recipient;

the loss of or damage to articles packed and sealed in Bags by the Sender, provided that the seal is unbroken at the time of delivery and the Bags retains its basic integrity;

any delay in delivery or Asset in Motion’s inability or failure to complete a delivery due to acts or omissions of Customs or other regulatory agencies;

delays in delivery caused by adherence to Asset in Motion policies regarding the payment of duties and taxes;

the inability of Asset in Motion to provide a copy of the delivery record or a copy of the signature obtained at delivery;

the erasure of data from or the loss or irretrievability of data stored on magnetic tapes, files or other storage media, or erasure or damage of photographic images or soundtracks from exposed film;

damage in transit or in handling of fluorescent tubes, neon lighting, neon signs, X-ray tubes, laser tubes and light bulbs, quartz crystal, quartz lamps, glass tubes such as those used for specimens and glass containers such as those used in laboratory environments or other inherently fragile items;

Asset in Motion’s failure to honour "bags orientation" graphics (e.g., "UP" arrows, "THIS END UP" markings);

The Sender’s failure to ship goods in packaging approved by Asset in Motion prior to shipment, where such prior approval is recommended or required;

Asset in Motion’s failure to notify the Sender of any delay, loss or damage or any inaccuracy in such notice;

Shipments released without obtaining a signature if a release delivery authorization signed by the Recipient is on file;

Asset in Motion’s failure or inability to attempt to contact the Sender or Recipient concerning incomplete or inaccurate address, incorrect or incomplete documentation, non-payment of duties and taxes necessary to release a Shipment, or incomplete or incorrect custom’s broker’s address;

loss of or damage to any Bags for which Asset in Motion has no record of receipt;

Shipment of scale models (including but not limited to, architectural models, doll houses, etc.);

damage to briefcases, luggage, garment bags, aluminium cases, plastic cases, or other items whose outer finish might be damaged by adhesive labels, soiling or marking unless placed in an adequate, protective container for shipment;

damage, delay or loss of any Shipment containing a prohibited item;

damage arising from any failure by the Sender to pack the material shipped in a manner adequate to protect it from damage, adequacy being assessed in the reasonable determination of Asset in Motion having regard to handling normally to be expected in the hands of a carrier such as Asset in Motion;

The loss or any personal or financial information including but not limited to, social security numbers, dates of birth, drivers license numbers, credit or debit card numbers and financial account information;

The Sender’s failure to delete all Shipments entered into a Asset in Motion self-invoicing system, Internet shipping device or any other electronic shipping method used to ship a Bags when the Shipment is not tendered to Asset in Motion;

The use of an incomplete, inaccurate, or invalid Asset in Motion Account Number or a failure to provide a valid Asset in Motion Account Number in good credit standing in the billing instructions on shipping documentation;

The shipment of perishables or commodities that could be damaged by exposure to heat or cold, including, but not limited to, the shipment of any alcoholic beverages, plants and plant materials, tobacco products, ostrich or emu eggs, or live aquaculture;

Damage to computers, or any components thereof, or any electronic equipment when shipped in any packaging other than:

The manufacturer's original packaging, which is undamaged and has retained a good, rigid condition;

Packaging that is in accordance with the Asset in Motion packaging guidelines available on ;

Asset in Motion laptop packaging, for Shipments of laptop computers;

Asset in Motion small electronic device packaging, for Shipments of cell phones, handheld computers, MP3 players and similar items;

Provision of packaging, advice, assistance or guidance on the appropriate packaging of Shipments by Asset in Motion does not constitute acceptance of liability by Asset in Motion unless such advice, assistance or guidance has been approved in writing by Asset in Motion Packaging Design and Development and the writing expressly accepts liability in the event of a damaged Shipment;

Damages indicated by any shockwatch, tiltmeter or temperature instruments;

Failing to meet our Delivery Commitment Time for any Shipments with an incomplete or incorrect address. (See the Undeliverable Shipments section.);

Loss or damage to alcohol Shipments unless an approved packaging type is used or Asset in Motion Packaging Design and Development has pre-approved such packaging prior to shipment;

Dangerous goods Shipments that the Sender did not properly declare, including proper documentation, markings, labels and packaging. Asset in Motion will not pay a claim on undeclared or hidden dangerous goods and the Asset in Motion Money Back Guarantee does not apply;

Asset in Motion will not be liable for the failure to provide any services or service options where Asset in Motion records do not reflect that the services or service options were selected by the Sender.

  11.7 Except in case of intentional action of Asset in Motion, the Sender shall be liable for any damage caused by the Shipment to Asset in Motion or to a third party. The Sender shall guarantee and hold Asset in Motion harmless of any claim of a third party, notably the Recipient, for any liability exceeding the liability assumed under these Conditions.
  11.8 Any payment made by Asset in Motion pursuant to a claim of the Sender or of a third party shall not be deemed to constitute an acceptance of liability.
12. NON-WAIVER
  Any failure by Asset in Motion to enforce or apply a provision of these Conditions does not constitute a waiver of that provision and does not otherwise impair Asset in Motion’s right to enforce such provision.
13. MANDATORY LAW
 

These Conditions shall not exclude any liability where the exclusion of that liability is prohibited by law.

Insofar as any provision contained or referred to in these Conditions may be contrary to any applicable international treaty, local law, government regulations, orders, or requirements, such provision shall be limited to the maximum extent permitted and, as limited, shall remain in effect as part of the agreement between Asset in Motion and the Sender. The invalidity or unenforceability of any provision shall not affect any other part of these Conditions.

14. DATA PROTECTION
  14.1 Asset in Motion warrants that:

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.

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.

it shall only process any personal data to the extent necessary for the performance of the Shipment.

the data shall only be held for as long as is reasonably necessary.

  14.2 By submitting any personal data to Asset in Motion the Shipper consents to Asset in Motion using this data for the purposes of Asset in Motion (or its agents or subcontractors) performing their obligations under the relevant (Air) Waybill and the Conditions. In particular, the Shipper consents to Asset in Motion sharing shipment data, including personal data, to Customs if such is necessary for customs clearance and Customs may record and use that data for customs, safety and security purposes as required in the frame of the clearance process. The Shipper also consents to Asset in Motion sharing this data with Asset in Motion Corporation, its subsidiaries and branches, and confirms that Asset in Motion can do the same with the Consignee’s personal data.
  14.3 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 Asset in Motion and the processing by Asset in Motion of this data for the performance of the Shipment.
  14.4 In connection with the performance of the Shipment Asset in Motion 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.