Terms and Conditions
1. Acceptance of Terms
By using the Ten Express website and services, you agree to be bound by the following Terms and Conditions. If you do not agree with these terms, please refrain from using our website and services.
2. Service Description
Ten Express provides courier and logistics services. While we strive for accuracy and reliability, we do not guarantee uninterrupted service or the absence of errors on our website or in our services. We reserve the right to modify, suspend, or discontinue any aspect of our services at any time.
3. User Responsibilities
a. You agree to provide accurate and complete information when using our services.
b. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
c. You agree not to use our services for any unlawful or unauthorized purposes, including but not limited to violating any applicable local, state, or international laws or regulations.
4. Pricing and Payment
a. Pricing for our services is subject to change without notice. All charges will be clearly communicated to you before you finalize your order.
b. Payment for our services is due in accordance with the terms communicated to you at the time of purchase. Failure to pay may result in the suspension or termination of our services.
c. Prices are exclusive of any added taxes, VAT, duties, levies, imposts, deposits or outlays incurred in respect of carriage of the customer’s goods. Should the customer indicate by endorsement in the space, provided on the Air Waybill that the receiver shall be liable for any customs duty, the customer shall be liable for such customs duty in the event of a default in payment by the receiver. Ten Express will not be liable for any penalties imposed or loss or damage, incurred due to the customer’s documents or goods being impounded by customs or similar authorities and the customer hereby indemnifies Ten Express against such penalty or loss.
5. Liability
a. Ten Express is not liable for any damages, whether direct, indirect, incidental, consequential, or punitive, arising from the use or inability to use our services.
b. We are not responsible for any loss or damage to packages or documents in our possession, except to the extent required by applicable law.
c. THE MAXIMUM INSURED VALUE ON ANY SHIPMENT ACCEPTED BY TEN EXPRESS IS TEN THOUSAND DOLLARS (US$10,000.00) AND IN NO EVENT WILL THE LIABILITY OF TEN EXPRESS EXCEED THAT AMOUNT.
In no event will Ten Express be liable for any type of consequential or special or indirect or incidental damages or other indirect loss, however arising, whether or not Ten Express had knowledge that such damage might be incurred, including but not limited to loss of income, profit, interest, utility or loss of market.
Customer will be liable for all losses, damages and expenses arising as a result of its failure to comply with its obligations under this agreement as a result of its negligence.
d. Where the rules relating to liability established by the warsaw convention or the cmr convention apply, the carrier’s liability is governed by and shall be limited in accordance with such rules. Subject to applicable law, where the Warsaw convention or the CMR convention do not apply, liability to loss or damage is govemed by these terms & conditions and shall be limited to proven damages unto an amount not exceeding AED 100/. shipment
e. Liabilities Not Assumed.
Ten Express will be not liable for any loss, damage, delay, misdelivery, nondelivery not caused by its own negligence, or for any loss, damage, delay, misdelivery or non-delivery caused by: (a) the act, default or omission of Customer or Consignee or any third party who claims an interest in the shipment; (b) the nature of the Shipment or any defect, characteristic, or inherent vice thereof; (c) violation by Customer or Consignee of any term or condition stated herein including, but not limited to, improper or insufficient packing, securing, marking or addressing, misdescribing the contents of the Shipment or failure to observe any of the rules relating to shipments not acceptable for transportation, whether such rules are now or hereafter promulgated by Ten Express; (d) Force Majeure; (e) acts or omissions of any postal service, forwarder, or any other entity to whom a Shipment is tendered by Ten Express for transportation, regardless of whether Customer requested or had knowledge of such third party delivery requirement; (f) electrical or magnetic injury, erasure, or other such damage to electronic or photographic images or recordings in any form; or (g)damage due to insects or vermin.
Ten Express will make every reasonable effort to deliver the Shipment according to its regular delivery schedules, however, Customer agrees that such schedules are not binding and do not form part of the agreement. Ten Express will not be liable for any damages or loss caused by delay.
f. Customer’s Warranties and Indemnities. Customer will indemnify and hold harmless Ten Express for any loss or damage arising out of Customer’s failure to comply with the following warranties and representations: (a) all information provided by Customer is complete and accurate; (b) the Shipment is acceptable for transport; (c) the Shipment was prepared in secure premises by reliable persons and was protected against unauthorized interference during preparation, storage and any transportation to Ten Express; (d) Customer has complied with all applicable customs, import, export, data protection laws, sanctions, embargos and other laws and regulations; and (e) Customer has obtained all necessary consents in relation to personal data provided to Ten Express including Consignee’s data as may be required for transport, customs clearance and delivery, such as e-mail address and mobile phone number.
6. Indemnification
You agree to indemnify and hold Ten Express, its affiliates, and their respective officers, directors, employees, and agents harmless from any claims, liabilities, damages, and expenses (including attorneys’ fees) arising out of your use of our services or your breach of these Terms and Conditions.
7. Termination
We reserve the right to terminate or suspend your access to our services at our sole discretion, without notice, for any violation of these Terms and Conditions.
8. Inspection
Ten Express reserves the right, but not the obligation, to open and inspect a Shipment without notice for safety, security, customs or other regulatory reasons.
9. Packaging
The packaging of the Shipment is the Customer’s sole responsibility, including the placing of the goods or documents in any container that may be supplied to the Customer by Ten Express.
Ten Express does not accept any responsibility for loss or damage to Shipment arising from inadequate or inappropriate packaging.
Ten Express will not be liable for delay in delivery resulting from Customer’s failure to comply with its obligations in this respect.
10. Customs.
Ten Express may perform the following activities on behalf of Customer and/or Consignee in order to provide the services: (1) complete any document, amend product or service codes, and pay any duties or taxes required under applicable laws and regulations (“Customs Duties”), and (2) act as Customer’s forwarding agent for customs and export control purposes and as Consignee solely for the purpose of designating a customs broker to perform customs clearance and entry. Customer will provide Ten Express with all necessary documentation and fulfill all procedural requirements to expedite clearance of the Shipments as may be required by Ten Express. Customer will declare to Ten Express the contents and actual value of each Shipment before such Shipments are collected by Ten Express. Customer will be solely liable for any mis-declaration of the Shipment.
11. Returns
a. In the event that a Shipment remains in Ten Express’s possession for more than 21 days, Ten Express reserves the right to return the Shipment to the Customer at an extra charge to be paid by the Customer.
b. In the event the Customer is in default of this agreement and/or fails to accept delivery of returned Shipment, Ten Express will have the right to dispose of such Shipment at Ten Express’s discretion, without the need to take any further legal action, or obtain a court order or a judgement in that regard. Customer indemnifies and holds Ten Express harmless from and against any third party, including official authorities, claims, liabilities, tax, penalties, or obligations of any nature whatsoever that may arise out of or in connection with disposing of such Shipment.
12 .Fuel Surcharge
Changes in fuel prices result in fluctuating costs for the transport industry, necessitating a variable fuel surcharge which may rise, fall or be removed, in line with movements in fuel prices. Ten Express reserves the right to change the fuel surcharge index and table with or without notice. Both the amount and duration of the surcharge will be determined at Ten Express’s sole discretion.
12 . Governing Law
These Terms and Conditions are governed by and construed in accordance with the laws of your shipment’s country. Any disputes arising under these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of your shipment’s country.
13. Changes to Terms and Conditions
We may update these Terms and Conditions from time to time. The most current version will be posted on our website, and your continued use of our services after any changes constitute your acceptance of the updated terms.
14 . Contact Information
If you have any questions or concerns about these Terms and Conditions, please contact us at [insert contact information].
THIS IS A NON-NEGOTIABLE AIRBILL. ALL SERVICES PROVIDED ARE SUBJECT TO THE TERMS AND CONDITIONS MENTIONED ABOVE. BY SIGNING / GENERATING THIS AIR WAYBILL, THE SHIPPER ACKNOWLEDGES THAT HE/SHE HAS READ THESE CONDITIONS AND AGREES TO BE BOUND BY EACH OF THEM. TEN EXPRESS’S LIABILITY IS LIMITED TO US$ 100/-, IN TENDERING THIS SHIPMENT SHIPPER AGREES THAT CONTINENTAL COURIER SERVICES LLC SHALL NOT BE LIABLE FOR SPECIAL INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE CARRIAGE HEREOF, TEN EXPRESS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED WITH RESPECT TO THIS SHIPMENT.