By tendering goods for transport by Gulf Worldwide Express-Dubai-U.A.E.,
the Consignor agrees to the following conditions.
In these conditions:
"GWWE" means Gulf Worldwide Express L.L.C. - in the United Arab Emirates
(whether acting by itself through Agents or otherwise)
"The Consignor" or "The Shipper" means the sender of the goods
tendered for transport (whether on his own account or on behalf of any other person)
and whose name shall appear on the Consignment note as the Consignor
"Consignment" means the goods (whether contained in one or more parcels
or packages) consigned by the Consignor to GWWE for transport. Goods shall include
documents where appropriate.
(a) any entity in any part of the World which is for the time being a member of
the same group of companies as GWWE
(b) any entity with whom GWWE may arrange for or provide services in connection with
the transport of a consignment.
2) Consignment Note
Each consignment shall be correctly addressed by the Consignor and accompanied by
GWWE's form of consignment note, which the Consignor shall properly complete and
sign prior to despatch of the consignment. The Consignor is responsible for the
correctness of any information given or declaration made and is liable for the consequences
of any false or erroneous declaration of information.
3) Parties and sub-contracting
(a) Where the Consignor is not the owner of any consignment or part thereof he shall
be deemed to be the authorised Agent of the owner(s). The Consignor accepts these
conditions for himself and all other persons on whose behalf he/she is acting or
is deemed to be acting.
(b) GWWE may sub-contract all or part of this contract and may engage an Agent or
person (who may also sub-contract) to fulfil all or any part of this contract.
4) Common Carrier
The company is not a common carrier and accepts goods for transport only on those
No waiver or alterations of or additions to these conditions may be made except
in writing signed by a Director of GWWE. No Agent or person employed by GWWE may alter,
add to or waive any of these conditions and where any oral or written instructions
differ from or conflict with these conditions, these conditions shall prevail and
such instructions shall be of no effect and shall not waive, vary or modify these
6)Liabilities not assumed
(a) GWWE, its Agents and servants shall not be liable for any loss, damage, costs
or expenses suffered or incurred by the Consignor or any other person arising out
of or in connection with this contract or the handling, storage or transport or
other dealing with any consignment except where such loss, damage cost or expense
shall arise as a direct result of any wilful act of neglect or default by GWWE and
then only to the extent of the lesser of: -
(i) USD 30 or
(ii) the value of the consignment or
(iii) the cost of reshipping it (at the Consignor's choice)
(b) GWWE, its Agents and servants, shall not be liable under any circumstances for
any special or consequential damages or loss. Special or consequential damages or
loss shall include (but not be limited to) commercial and financial loss, special
reconstruction costs, substituted
costs, loss of interest, profit, income, utility, market or business opportunity,
whether or not GWWE, its Agents or servants had knowledge that such damages might
(c) The Consignor in writing must make any claim to GWWE within 10 days of the date
arising. No claim will be considered until all transport charges have been paid.
(7) Consignment acceptable for Transport
GWWE reserves the right: -
(a) to inspect the consignment, but this inspection shall not constitute a warranty
that a particular item is suitable for carriage.
(b) to refuse at its sole discretion at any time to transport any goods tendered
for transport (whether before or after such goods are accepted by GWWE for transport).
(c) to reject any goods already accepted for transport if in the opinion of GWWE
there is a possibility that the continued transport of such goods may delay the
transport of other consignments or cause damage to other consignments, equipment
(d) destroy or otherwise deal with any goods in the consignment where GWWE considers
(in its sole discretion) that there may be risk to other goods, property, life or
e) without prejudice to the generality of the foregoing. GWWE will not accept except
special arrangements hazardous or combustible material and any items the transport
which is prohibited by any law regulation or statute of any federal state or local
government of any country from to or through which consignments may be carried.
detailed list of prohibited goods is available on request.
(8) Unacceptable goods
If the Consignor consigns to GWWE goods which are unacceptable or which the Consignor
has undervalued for customs purposes (whether deliberately or accidentally) then
GWWE shall be entitled to return the consignment at the Consignor's expense or, if
the Consignor refuses or is unavailable to accept liability for such expenses to
deal with the consignment as GWWE sees fit and even abandon transport of the consignment
immediately upon GWWE having knowledge that the consignment or part thereof infringes
(9) Warranties by the Consigor
The Consignor expressly warrants to the Company that: -
(a) The person handing over the consignment to the company is authorised to sign
the consignment note for the company or to affix his stamp.
b) The Consignor makes this contract in the normal course of its business and holds
as so doing
c) The description and details related to the consignment shown on the consignment
note are correct and in particular the declared value is correct.
d) It is not illegal for GWWE to convey the consignment under any legislation
e) The consignment is properly labelled and addressed
(10) Customs Clearance
The company will use all reasonable endeavours to effect customs clearance but will
not be liable for any penalties imposed or costs incurred due to delay or refusal
by the customs authorities or due to the consignment being impounded by customs
or other authorities and the Consignor hereby agrees to indemnify the Company on
demand against any such penalty or loss.
Transport charges, supplementary charges, customs duties and other charges incurred
from the time of acceptance of goods for transport to the time of delivery of such
goods shall be paid by the Consignor as per the relevant authority or body
(12) Methods of Transport
Subject to payment of GWWE's charges in accordance with the rates in effect on the
day of acceptance of the consignment by GWWE, GWWE will transport the consignment
between destinations as agreed between it and the Consignor as expeditiously as
possible. GWWE reserves the right to carry the consignment by any route and procedure.
The Consignor will not seek to impose upon any Agent or sub-contractor of GWWE liability
greater than that accepted by GWWE under these conditions.
No insurance will be effected except upon express instructions given in writing
by the Consignor to GWWE, when the usual exceptions and conditions of the policies
of the insurance company or underwriters taking the risks shall apply. GWWE shall
not be under any obligation to effect separate insurance for each consignment but
may declare it on any open or general policy. If the insurers under any policy dispute
liability for any reason, the Consignor shall recourse against the insurer only
and GWWE, its Agents and servants shall not be under any responsibility or liability
whatsoever in relation thereto.
(a) GWWE is authorised to deliver the consignment to the address marked on the Consignment
Note. GWWE shall be deemed to have delivered the consignment in accordance with this
contract if at that address it obtains from any person a receipt or signed delivery
(b) Where for any reason the consignment cannot be delivered at the address marked
on the consignment Note, or where the consignment is to be held for collection or
is not removed within five working days, GWWE shall be under no liability for loss
or damage to the Consignor and will within 14 days after giving to the Consignor
or the Consignee notice by post or otherwise (including public notice where the
names and addresses of the Consignor and Consignee are not known) be entitled to
sell the same and may deduct out of the proceeds of sale all proper charges in respect
of the transport and warehousing of the goods and any other expenses incurred by
(a) Payment of the charges made by GWWE for or in connection with the transport of
any consignment shall be made by the Consignor on the 20th day of the month following
GWWE's invoice for such consignment.
(b) At its own discretion GWWE may, on request by the Consignor, transport a Consignment
on the basis that payment of GWWE's charges shall be made by the Consignee on delivery
of the Consignment provided that the Consignor shall remain liable to make such
payment if the Consignee fails or refuses to do so upon GWWE tendering the Consignment
for delivery to the Consignee. In such cases, GWWE shall not be required to deliver
the Consignment until payment is made.
GWWE shall have a particular and general right of detention on all goods in its possession
for all sums due at any time from the Consignor, the Consignee or the owner of the
goods whether under this or any other contract between the Consignor and GWWE. In
the event of Non-payment of GWWE's charges within 21 days after this due date, GWWE
shall be entitled to sell or otherwise dispose of any Consignment and apply the
proceeds towards the payment of such sums.
(17) Country Law
This contract shall be governed by and construed in accordance with U.A.E. Law and
the parties submit to the jurisdiction of the U.A.E. Court.