UBI Worldwide Limited Terms and Conditions

The goods herein described are accepted by UBI Worldwide Limited hereafter known as UBI, in apparent good order (except as noted). In tendering the shipment, the Shipper agrees to the terms and conditions of this contract, which will be deemed to be incorporated in and to be a condition of any agreement, whether written, oral, or implied, between UBI and the Shipper. No agent, employee, or representative of UBI has authority to alter, modify or waive any provision of these conditions. The invalidity of any provision of this contract shall not affect any other part hereof.

UBI will only carry goods that are the property of the Shipper, and the Shipper warrants that it is authorized to accept and is accepting these conditions not only on behalf of itself but also as an agent for or on behalf of all other persons who are or may thereafter become interested in the goods. The Shipper hereby undertakes to indemnify UBI against any damages, costs, and expenses resulting from any breach of this warranty.

3. Responsibility for Loss or Damage

Subject always to Clause 10 herein, UBI accepts responsibility for loss, damage, miss-delivery or non-delivery caused or arising from the time the goods are either collected from the Shipper by UBI or their representatives or received by UBI from the Shipper as the case may be until the goods are delivered either “To Airport” or “To Door” in terms of the “Export Instructions for Personal Effects” form completed and signed by the Shipper, except if such loss, damage, mis-delivery or non-delivery was caused by or attributable to:

3.1. The act, default or omission of the Shipper, Consignee, or any other party who claims an interest in the shipment.

3.2. The nature of the shipment or any defect, characteristic, or inherent vice thereof.

3.3. Acts of God, public enemies, public authorities acting with actual or apparent authority of law, omissions of customs or quarantine officials, delay of aircraft or other vehicles used in providing transportation services.

3.4. Acts or omissions of any Carrier or other entity or person to whom a shipment is tendered by UBI for transportation beyond that provided by UBI, regardless of whether the Shipper requested or had knowledge of such a third-party delivery arrangement.

3.5. SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INDIRECT LOSS HOWEVER ARISING, WHETHER OR NOT UBI HAD KNOWLEDGE OR SHOULD HAVE HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, INCOME, INTEREST UTILITY OR LOSS OF MARKET.

3.6. Wilful misconduct of UBI's client.

3.7. Ordinary wear and tear.

3.8. Insufficiency or unsuitability of packing or preparation of the goods.

3.9. Insolvency or financial default of the owners, managers, charterers, or operators of the conveyance.

3.10. Moths, mould, vermin, or natural depreciation.

3.11. Electrical, electronic, or mechanical derangement unless the item concerned has suffered external damage.

3.12. Climatic and/or atmospheric conditions and/or extremes of temperature other than fire.

3.13. Perishable goods or liquids of any description included in the consignment.

4. UBI's Limited Liability

UBI does not accept responsibility for:

4.1 the special value which any article may have as a pair or set.

4.2 Rust, oxidization ad discoloration on goods which are unprotected unless caused by a peril recoverable in terms of Institute Cargo Clauses.

4.3 Wear, tear, and gradual deterioration in respect of used machinery.

4.4 Third Liability claims and/or consequential losses howsoever occurred.

4.5 Scratching, chipping, and denting of the container, suitcase, or box which the subject matter insured is packed into.

4.6 Loss or damage to the subject-matter insured in terms of the Institute War Causes (Cargo)

5. Delay Disclaimer

While UBI will endeavor to exercise its best efforts to provide an expeditious delivery in accordance with regular delivery schedules, UBI WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR DELAY IN PICKUP, TRANSPORTATION OR DELIVERY OF ANY SHIPMENT, REGARDLESS OF THE CAUSE OF THE DELAY.

6. Fragile Goods Handling

All goods of a fragile nature must be professionally packed by a recognized and approved packer of household goods and personal effects. A certificate or invoice to verify that the goods have been professionally packed will be accepted as proof. UBI will not accept responsibility for loss or damage of goods of fragile nature that are not professionally packed and transported by UBI or its service providers on the basis of the indemnity form signed.

Carriage to Different Countries

If the carriage of goods involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention may be applicable, and the Convention governs, and in most cases, limits the liability of the carrier (in respect of loss, damage, or delay to cargo) The liability limit of an amount of US$20.00 per kilogram. If a liability limitation is required in excess of this stated amount, the Shipper must give prior notice in order for UBI to make alternative arrangements.

Advanced Payments and Liabilities

UBI is authorized (but shall be under no obligation) to advance any duties, taxes, or charges and to make any disbursements with respect to the goods; and the Shipper, Owner and Consignee shall be jointly and severally liable for the reimbursement thereof. UBI shall not be under obligation to incur any expense or to make any advance in connection with the Shipment, including forwarding or re-forwarding of the goods except against repayment by the Shipper. If it is necessary to make customs entry of the goods at any place, the goods shall be deemed to be Consigned at such a place to the person named on the face hereof as customs Consignee or, if no such person be named, to the Carrier carrying the goods to such a place or to such customs Consignee if any as such Carrier may designate. The Shipper guarantees payment of all charges and advances.

9. Lien on Goods

UBI shall have a lien on the goods for all freight charges; customs duties, advances or charge of any kind arising out of this contract or carriage and may refuse to surrender possession of the goods until such charges are paid.

10. Reporting Damage or Shortage

Damage or shortage must be reported in writing to UBI or its agent within fourteen (14) days from the date the shipment is placed at the disposal of the person entitled to delivery of the shipment, or in the event of non-delivery seven (7) days from the date of issue of the air waybill: All claims must be received by UBI within twenty-one (21) days from the date of issue of the air waybill. Notwithstanding any of the foregoing, no claim for damage, shortage, or non-delivery will be entertained until all transportation charges have been paid.

11. Prohibited Items

UBI does not accept hazardous, combustible or explosive materials, precious metals, or stones 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 Shipper should tender such items to UBI, the Shipper shall indemnify UBI for all claims, damages, and expenses in connection therewith and UBI shall have the right to deal with such items as it shall see fit, including the right to abandon carriage of the same immediately upon UBI having knowledge that such items have been tendered.

12. Delivery and Liability

Except as otherwise specifically provided in this contract, delivery of the goods will be made only to the Consignee named on the face hereof. Notice of arrival of the good, where required, will in the absence of other instruction, be sent to the Consignee or the person to be notified by ordinary methods. UBI is not liable for non-receipt or delay in receipt of such notice.

UBI assumes no obligation to forward the goods by any specific carrier over any particular route or routes or to make connection at any point according to any particular schedule, and UBI is hereby authorized to select or deviate from the routes of shipment, notwithstanding that the same may be stated on the face hereof.

13. Shipment Handling

The Shipper warrants the shipment is packed to protect the enclosed goods and to ensure safe transportation with ordinary care in handling. Each package is appropriately labelled and is in good order for Carriage. All Shipments may, at UBI’s option, be opened and inspected.

14. Compliance with Laws

The Shipper shall comply with all applicable laws, customs, and other government regulations of any country to, from, through or over which the goods may be carried, including those relating to the packing, carriage or delivery of the goods, and shall furnish such information and provide such documents as may be necessary to comply with such laws and regulations.

15. UBI's Liability Disclaimer

UBI is not liable to the Shipper or any other person for loss or expense due to Shipper's failure to comply with this provision.

16. Shipper's Instructions

The Shipper agrees that UBI may accept the Air waybill as a Shipper's letter of instructions, authorizing UBI to act as Shipper's agent for export control and customs purposes. UBI assumes no liability whatsoever for failure to act as Shipper's agent as provided in this article.

17. Jurisdiction and Interpretation

These conditions of contract, and any interpretation or dispute arising therefrom shall be made in accordance with, and shall be within the exclusive jurisdiction of, the laws and courts, respectively of South Africa.

17. UBI's Status

UBI IS NOT A COMMON CARRIER and will only carry goods subject to these conditions.