R BOX ASIA may perform any of the following activities on Shipper's behalf in order to provide its services to Shipper: (1) complete any documents, amend products or service codes, and any duties or taxes required under applicable laws and regulations, (2) act as Shipper's forwarding agent for customs and export control purposes and as Receiver solely for the purpose of designating a customs broker to perform customs clearance and entry and (3) redirect the Shipment to Receiver's import broker or other address upon request by any person who R BOX believes in its reasonable opinion to be authorised.
Shipper agrees that its Shipment is acceptable for transportation and is deemed unacceptable if:
Shipment cannot be delivered to PO boxes or postal codes. Shipments are delivered to the Receiver's address given by Shipper (which in the case of mail services shall be deemed to be the first receiving postal service) but no necessarily to the named Receiver personally. Shipments to addresses with a central receiving area will be delivered to that area. If Receiver refuses delivery or to pay for delivery, or the Shipment is deemed to be unacceptable, or it has been undervalued for customs purposes, or Receiver cannot be reasonably identified or located, R BOX shall use reasonable efforts to return the Shipment to Shipper at Shipper's cost, failing which the Shipment may be released, disposed of or sold by R BOX without incurring any liability whatsoever to Shipper or anyone else, with the proceeds applied against service charges and related administrative costs and the balance of the proceeds of a sale to be returned to Shipper.
R BOX has the right to open and inspect a Shipment without prior notice to Shipper.
R BOX's Shipment charges are calculated according to the higher of actual or volumetric weight and any Shipment may be re-weighed and re-measured by R BOX to confirm this calculation. Shipper shall pay or reimburse R BOX for all Shipment charges, storage charges, duties and taxes owed for services provided by R BOX or incurred by R BOX on Shipper's or Receiver's or any third party's behalf and all claims damages, fines and expenses incurred if the Shipment is deemed unacceptable for transport as described in Section 2.
R BOX contracts with Shipper on the basis that R BOX's liability is strictly limited to direct loss only. All other types of loss or damage are excluded (including but not limited to lost profits, income, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to R BOX's attention before or after acceptance of the Shipment since special risks can be insured by Shipper. R BOX's liability in respect of any one Shipment transported, without prejudice to Section 7-10 is limited to its actual cash value and shall not exceed the greater $US200 / shipment Claims are limited to one claim per Shipment settlement of which will be full and final settlement for all loss or damage in connection therewith. If Shipper regards these limits as insufficient it must make a special declaration of value and request insurance as described in Clause 8 (*Shipment Insurance) or make its own insurance arrangements, failing which Shipper assumes all risks of loss or damage.
All claims must be submitted in writing to R BOX within fourteen (14) days from the date that RBOX accepted the shipment, failing which R BOX shall have no liability whatsoever.
R BOX can arrange insurance for Shipper covering the actual cash value in respect of loss of or physical damage to the Shipment, provided the Shipper completes the insurance section on the front of the waybill or requests it via R BOX's local customer service. Shipment insurance does not cover indirect loss or damage, or loss or damage caused by delays.
R BOX will make every reasonable effort to deliver the Shipment according to R BOX's regular delivery schedules, but these are not guaranteed and do not form part of the contract. R BOX is not liable for any damages or loss caused by delays.
R BOX is not liable for any loss or damage arising out of circumstances beyond R BOX's control. These include but are not limited to: - "Act of God" - e.g. earthquake, cyclone, storm, flood, fog; "Force Majeure" - e.g. war, plane crash or embargo; any defect or characteristic related to the nature of the Shipment, even if known to R BOX; riot or civil commotion; any act or omission by a person not employed or contracted by R BOX e.g. Shipper, Receiver, third party, customs or other government official; industrial action; and electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings.
Shipper shall indemnify and hold R BOX harmless for any loss or damage arising out of Shipper's failure to comply with any applicable laws or regulations and for Shipper's breach of the following warranties and representations:
Shipper agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places.
Any dispute arising under or in any way connected with these Terms and Conditions shall be subject, for the benefit of R BOX, to the non-exclusive jurisdiction of the courts of, and governed by the law of, the country of origin of the Shipment and Shipper irrevocably submits to such jurisdiction, unless contrary to applicable law.
The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions.