SWF's Terms and Conditions of Carriage
Important Items
When placing an order with SWF Group Ltd. (a U.K. company) (hereafter called SWF) transportation services (hereafter called “services”), either the customer themselves (hereafter called “the consignor”) or any third party that holds some interest in the cargo agrees to to abide by this transport agreement (hereafter called “this agreement”) from the time that SWF takes charge of the cargo. However, in the occasion that a SWF official with the authority to do so makes a special, documented agreement this does not limit that. In this agreement “cargo” is all documents or parcels transported by normal waybills and this cargo may be transported via air transportation, land transportation, or any other transportation methods that SWF may choose. “Waybills” include the label issued by SWF's automated system, general waybills, or cargo receipts and together with this agreement compose the contract. All cargo will be transported under the presupposition of limited liability for damages in accordance with the provisions of this agreement. Furthermore, in the occasion that compensation to the consignor beyond the this limit becomes necessary, it is possible to arrange insurance for an additional fee. (For more information please refer to the stipulations below). Furthermore, in this agreement SWF is taken to mean SWF Group Ltd. (a U.K. company) or any of the corporate bodies that are a SWF Alliance member.
Article 1 (Customs Clearance, Exports and Imports)
SWF is able to perform the following tasks in place of the consignor for the purposes of providing them services. (1) Perform the drafting of documents, the revision of product or service codes, and the payment of any necessary duty or tax according to the relevant law. (2) Act as the transport representative of the consignor for customs clearance or export control as well as act as the consignee only for the purpose of appointing a customs agent to perform customs clearance or important procedures. (3) Change of the place of delivery to the consignee's import agent or to another address based on the authority possessed by SWF and on the reasonable request of a third party.
Article 2 (Cargo Not Handled)
The consignor affirms that these items may be transported as cargo and, moreover, agrees to the presumption that this cargo will not be handled in the following situations.
-If the cargo is classified as a hazardous, dangerous, or prohibited item by the IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), ADR (the European Agreement concerning the International Carriage of Dangerous Goods by Road), any controlling government organizations, or by another related organization
-The necessary customs statement for the applicable customs regulations has not been completed
-If counterfeit goods, animals, ore, money, any official or inspection stamps, blank securities, precious metals or stones, firearms (regardless of whether it's the real thing or a replica) or their parts, weapons, explosives, ammunition, dead bodies, bodily remains, porn or obscene writings, or illegal drugs or medicine are included in the cargo
-If there is anything outside of the above included in the cargo which SWF judges to be unsafe or illegal to transport
-If the packaging of the cargo is defective or if it is insufficient
Article 3 (Delivery Availability)
We cannot deliver the cargo to a P.O. Box or to a postal code. The cargo will be delivered to the consignee's address as designated by the consignor (in the case of email service the email will first be received by an email handling company), but it will not always be delivered to the individual designated as the consignee. If there is a representative for receiving the cargo with another address it will be delivered to that representative's address. In the occasion that the cargo is judged to be unsuitable for handling, the value of the cargo is reported to be lower than it actually is in customs clearance, the consignee cannot be reasonably specified or discovered, or that the consignee refuses to make a payment for receiving the cargo or for the transportation fee, SWF will put in a reasonable amount of effort to return the cargo to the consignor at the expense of the consignor. If the package cannot be returned to the consignor, SWF will be able to either dispose of, discard, or sell off the cargo with no responsibility to the consignor or another third party and the money from the sale of the cargo will be used to cover the transportation fees or related administrative fees. If there is any money left over it will be returned to the consignor.
Article 4 (Inspection)
SWF possess the right to open and inspect the cargo without any prior notification.
Article 5 (Transportation Fees)
SWF's transportation fees are calculated based on either the actual weight of the cargo or on its dimensional weight, whichever is greater. SWF can remeasure the cargo in order to confirm the fee. The consignor will pay or compensate SWF for transportation fees which must be paid for services offered by SWF; all transportation fees which SWF paid for in place of the consignor, the consignee, or another third party; other incidentally arising fees; customs duties or taxes; and any claims, damages, fines, or expenses arising from the goods being unsuitable for transport due to the stipulations of article 2.
Article 6 (SWF's Liabilities)
Whatever the case may be, SWF's liabilities are limited to direct damages and, moreover, is restricted to compensation for damages per kilogram or pound as determined by this article 6. SWF will not be liable for any other losses or damages (including but not limited to lost profits, income, interest, or future business opportunities), regardless of whether these are special or indirect damages, and this will be so even if SWF recognizes the possibility for damages to occur either before taking charge of the cargo or after. In the occasion that the cargo is transported by air transport, land transport, or by a combination of any other transport methods, it will be presumed to be transported by air transport. Whatever the case may be, SWF is only liable for the actual value of the cargo for each item and, moreover, is not liable for more than the amount of money as calculated below. Furthermore, even in this situation, the stipulations of this agreement, from article 7 to article 11, will be applicable.
-For cargo sent by air transportation or by any other method outside of land transportation: 25 USD per kilogram or 11.34 USD per pound
-For cargo transported by land transportation: 12 USD per kilogram or 5.44 USD per pound
Claims are limited to one per cargo item and this settlement will serve as the complete and final settlement for losses or damages that are the object of the claim. In the occasion that the consignor judges the amount limit to be unsatisfactory, they must submit a special report on the cargo's value and then either apply for the insurance listed in article 8 (Cargo Insurance) or arrange their own insurance. Failure to do so will mean that all liability for losses or damages exceeding the set amount will be with the consignor.
Article 7 (Time Limitations for Claims)
All claims from the consignor to SWF must be presented in document form within 30 days from when SWF takes charge of the cargo. After this time limit has passed SWF bears no liability.
Article 8 (Cargo Insurance)
In the occasion that the consignor either enters all necessary items into the item field for shipper's insurance or requests insurance from SWF's automated system and pays the appropriate insurance fees, insurance will be affixed by SWF for the consignor to guarantee the actual value of the cargo against cargo losses or physical damage (however, insurance cannot be used for email services). In addition, indirect losses or damages or losses or damages due to transport delays will not be covered.
Article 9 (Transport Delays and Money-Back Guarantees)
SWF will do everything within reason to deliver the cargo according to SWF's regular delivery schedule. However, the aforementioned delivery schedule has no binding force nor does it compose part of a transport contract. SWF bears no responsibility for any losses or damages that result from transport delays. In addition, as part of SWF's service a complete or partial return of the transportation fee (including subsequent settlements because of time usage) is guaranteed under certain conditions based on the transportation delay. Information about the conditions for the money-back guarantee can be obtained from SWF's customer service.
Article 10 (Disclaimer)
SWF bears no liability for the destruction or damaging of the cargo as a result of circumstances which it does not control. Circumstances that SWF has no control over include but are not limited to those listed below.
-The damaging or erasing of electronics, photo images, data, or recordings as a result of electricity or magnetism
-When damage arises from inherent defects or properties of the relevant cargo
-When damage arises from an action, negligence, or failure to act by someone (including the consignor, the consignee, another third party, the postal system or customs, or any other government employees) outside of SWF employees or anyone who is acting as an outsourcer for SWF
-A force majeure such as an earthquake, typhoon, storm, flood, dense fog, wars, crashes, embargoes, rebellions or internal conflict, or strikes
Article 11 (International Treaties)
In the occasion that the cargo is being transported by air and the final destination or transport point is a country other than the country of departure, the applicable treaty, either the Montreal Convention or the Warsaw Convention, will be followed. In addition, in the occasion of international land transport the Convention on the Contract for the International Carriage of Goods by Road (CMR) may be applicable. In following these treaties, SWF's liability is limited to a fixed amount.
Article 12 (The Consignor's Guarantees and Indemnity Liability)
The consignor declares and guarantees the following items and will compensate any losses or damages arising from the violation of applicable laws because of the consignor or arising from the violation of the aforementioned declaration and guarantee by the consignor. The consignor also exempts SWF from liability in such situations.
-That all information presented by the consignor or the representative of the consignor must be complete and accurate
-That the cargo has been prepared inside a safe facility by the consignor's employees
-That the consignor has had the cargo prepared by someone that can be trusted
-That the consignor has guarded the cargo from unwanted disturbances during the preparation and storage of the cargo until it could be turned over to SWF
-That the consignor has applied the appropriate shipping mark, specified the address, and packaged the cargo with reasonable care so that the cargo can be transported safely
-That the consignor has complied with applicable customs, import, and export laws and any other applicable laws
-That if a representative with the authority of the consignor signs the waybill, this agreement will have binding and legal force over the consignor
Article 13 (Transportation Routes)
The consignor agrees to any transportation routes or changes to transportation routes selected by SWF, including the possibility of transportation through relay points.
Article 14 (Governing Law)
Any disputes arising under this agreement or related to this agreement will be submitted to the non-exclusive jurisdiction of the Windsor court in the U.K. and will conform to the laws of the U.K. If there are no special stipulations in the applicable law, the consignor makes an irrevocable agreement to submit to the jurisdiction of the Windsor court in the U.K.
Article 15 (Partial Invalidity)
Even in the occasion that any of the stipulations of this agreement become partially invalid or impossible to enforce it will have no effect whatsoever on the validity of the other stipulations.
Important Items
When placing an order with SWF Group Ltd. (a U.K. company) (hereafter called SWF) transportation services (hereafter called “services”), either the customer themselves (hereafter called “the consignor”) or any third party that holds some interest in the cargo agrees to to abide by this transport agreement (hereafter called “this agreement”) from the time that SWF takes charge of the cargo. However, in the occasion that a SWF official with the authority to do so makes a special, documented agreement this does not limit that. In this agreement “cargo” is all documents or parcels transported by normal waybills and this cargo may be transported via air transportation, land transportation, or any other transportation methods that SWF may choose. “Waybills” include the label issued by SWF's automated system, general waybills, or cargo receipts and together with this agreement compose the contract. All cargo will be transported under the presupposition of limited liability for damages in accordance with the provisions of this agreement. Furthermore, in the occasion that compensation to the consignor beyond the this limit becomes necessary, it is possible to arrange insurance for an additional fee. (For more information please refer to the stipulations below). Furthermore, in this agreement SWF is taken to mean SWF Group Ltd. (a U.K. company) or any of the corporate bodies that are a SWF Alliance member.
Article 1 (Customs Clearance, Exports and Imports)
SWF is able to perform the following tasks in place of the consignor for the purposes of providing them services. (1) Perform the drafting of documents, the revision of product or service codes, and the payment of any necessary duty or tax according to the relevant law. (2) Act as the transport representative of the consignor for customs clearance or export control as well as act as the consignee only for the purpose of appointing a customs agent to perform customs clearance or important procedures. (3) Change of the place of delivery to the consignee's import agent or to another address based on the authority possessed by SWF and on the reasonable request of a third party.
Article 2 (Cargo Not Handled)
The consignor affirms that these items may be transported as cargo and, moreover, agrees to the presumption that this cargo will not be handled in the following situations.
-If the cargo is classified as a hazardous, dangerous, or prohibited item by the IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), ADR (the European Agreement concerning the International Carriage of Dangerous Goods by Road), any controlling government organizations, or by another related organization
-The necessary customs statement for the applicable customs regulations has not been completed
-If counterfeit goods, animals, ore, money, any official or inspection stamps, blank securities, precious metals or stones, firearms (regardless of whether it's the real thing or a replica) or their parts, weapons, explosives, ammunition, dead bodies, bodily remains, porn or obscene writings, or illegal drugs or medicine are included in the cargo
-If there is anything outside of the above included in the cargo which SWF judges to be unsafe or illegal to transport
-If the packaging of the cargo is defective or if it is insufficient
Article 3 (Delivery Availability)
We cannot deliver the cargo to a P.O. Box or to a postal code. The cargo will be delivered to the consignee's address as designated by the consignor (in the case of email service the email will first be received by an email handling company), but it will not always be delivered to the individual designated as the consignee. If there is a representative for receiving the cargo with another address it will be delivered to that representative's address. In the occasion that the cargo is judged to be unsuitable for handling, the value of the cargo is reported to be lower than it actually is in customs clearance, the consignee cannot be reasonably specified or discovered, or that the consignee refuses to make a payment for receiving the cargo or for the transportation fee, SWF will put in a reasonable amount of effort to return the cargo to the consignor at the expense of the consignor. If the package cannot be returned to the consignor, SWF will be able to either dispose of, discard, or sell off the cargo with no responsibility to the consignor or another third party and the money from the sale of the cargo will be used to cover the transportation fees or related administrative fees. If there is any money left over it will be returned to the consignor.
Article 4 (Inspection)
SWF possess the right to open and inspect the cargo without any prior notification.
Article 5 (Transportation Fees)
SWF's transportation fees are calculated based on either the actual weight of the cargo or on its dimensional weight, whichever is greater. SWF can remeasure the cargo in order to confirm the fee. The consignor will pay or compensate SWF for transportation fees which must be paid for services offered by SWF; all transportation fees which SWF paid for in place of the consignor, the consignee, or another third party; other incidentally arising fees; customs duties or taxes; and any claims, damages, fines, or expenses arising from the goods being unsuitable for transport due to the stipulations of article 2.
Article 6 (SWF's Liabilities)
Whatever the case may be, SWF's liabilities are limited to direct damages and, moreover, is restricted to compensation for damages per kilogram or pound as determined by this article 6. SWF will not be liable for any other losses or damages (including but not limited to lost profits, income, interest, or future business opportunities), regardless of whether these are special or indirect damages, and this will be so even if SWF recognizes the possibility for damages to occur either before taking charge of the cargo or after. In the occasion that the cargo is transported by air transport, land transport, or by a combination of any other transport methods, it will be presumed to be transported by air transport. Whatever the case may be, SWF is only liable for the actual value of the cargo for each item and, moreover, is not liable for more than the amount of money as calculated below. Furthermore, even in this situation, the stipulations of this agreement, from article 7 to article 11, will be applicable.
-For cargo sent by air transportation or by any other method outside of land transportation: 25 USD per kilogram or 11.34 USD per pound
-For cargo transported by land transportation: 12 USD per kilogram or 5.44 USD per pound
Claims are limited to one per cargo item and this settlement will serve as the complete and final settlement for losses or damages that are the object of the claim. In the occasion that the consignor judges the amount limit to be unsatisfactory, they must submit a special report on the cargo's value and then either apply for the insurance listed in article 8 (Cargo Insurance) or arrange their own insurance. Failure to do so will mean that all liability for losses or damages exceeding the set amount will be with the consignor.
Article 7 (Time Limitations for Claims)
All claims from the consignor to SWF must be presented in document form within 30 days from when SWF takes charge of the cargo. After this time limit has passed SWF bears no liability.
Article 8 (Cargo Insurance)
In the occasion that the consignor either enters all necessary items into the item field for shipper's insurance or requests insurance from SWF's automated system and pays the appropriate insurance fees, insurance will be affixed by SWF for the consignor to guarantee the actual value of the cargo against cargo losses or physical damage (however, insurance cannot be used for email services). In addition, indirect losses or damages or losses or damages due to transport delays will not be covered.
Article 9 (Transport Delays and Money-Back Guarantees)
SWF will do everything within reason to deliver the cargo according to SWF's regular delivery schedule. However, the aforementioned delivery schedule has no binding force nor does it compose part of a transport contract. SWF bears no responsibility for any losses or damages that result from transport delays. In addition, as part of SWF's service a complete or partial return of the transportation fee (including subsequent settlements because of time usage) is guaranteed under certain conditions based on the transportation delay. Information about the conditions for the money-back guarantee can be obtained from SWF's customer service.
Article 10 (Disclaimer)
SWF bears no liability for the destruction or damaging of the cargo as a result of circumstances which it does not control. Circumstances that SWF has no control over include but are not limited to those listed below.
-The damaging or erasing of electronics, photo images, data, or recordings as a result of electricity or magnetism
-When damage arises from inherent defects or properties of the relevant cargo
-When damage arises from an action, negligence, or failure to act by someone (including the consignor, the consignee, another third party, the postal system or customs, or any other government employees) outside of SWF employees or anyone who is acting as an outsourcer for SWF
-A force majeure such as an earthquake, typhoon, storm, flood, dense fog, wars, crashes, embargoes, rebellions or internal conflict, or strikes
Article 11 (International Treaties)
In the occasion that the cargo is being transported by air and the final destination or transport point is a country other than the country of departure, the applicable treaty, either the Montreal Convention or the Warsaw Convention, will be followed. In addition, in the occasion of international land transport the Convention on the Contract for the International Carriage of Goods by Road (CMR) may be applicable. In following these treaties, SWF's liability is limited to a fixed amount.
Article 12 (The Consignor's Guarantees and Indemnity Liability)
The consignor declares and guarantees the following items and will compensate any losses or damages arising from the violation of applicable laws because of the consignor or arising from the violation of the aforementioned declaration and guarantee by the consignor. The consignor also exempts SWF from liability in such situations.
-That all information presented by the consignor or the representative of the consignor must be complete and accurate
-That the cargo has been prepared inside a safe facility by the consignor's employees
-That the consignor has had the cargo prepared by someone that can be trusted
-That the consignor has guarded the cargo from unwanted disturbances during the preparation and storage of the cargo until it could be turned over to SWF
-That the consignor has applied the appropriate shipping mark, specified the address, and packaged the cargo with reasonable care so that the cargo can be transported safely
-That the consignor has complied with applicable customs, import, and export laws and any other applicable laws
-That if a representative with the authority of the consignor signs the waybill, this agreement will have binding and legal force over the consignor
Article 13 (Transportation Routes)
The consignor agrees to any transportation routes or changes to transportation routes selected by SWF, including the possibility of transportation through relay points.
Article 14 (Governing Law)
Any disputes arising under this agreement or related to this agreement will be submitted to the non-exclusive jurisdiction of the Windsor court in the U.K. and will conform to the laws of the U.K. If there are no special stipulations in the applicable law, the consignor makes an irrevocable agreement to submit to the jurisdiction of the Windsor court in the U.K.
Article 15 (Partial Invalidity)
Even in the occasion that any of the stipulations of this agreement become partially invalid or impossible to enforce it will have no effect whatsoever on the validity of the other stipulations.
