Terms & Conditions Of Carriage
When ordering Esnad’s services you, as “Shipper”, are agreeing, on your behalf and on behalf of the receiver of the Shipment (“Receiver”) and anyone else with an interest in the Shipment that these Terms and Conditions shall apply.
“Shipment” means all documents or parcels that travel under one waybill and which may be carried by any means Esnad chooses, including air, road or any other carrier. A “waybill” shall include any Shipment identifier or document produced by Esnad or Shipper automated systems such as a label, barcode, waybill or consignment note as well as any electronic version thereof. Every Shipment is transported on a limited liability basis as provided herein. If Shipper requires greater protection, then insurance may be arranged at an additional cost. (Please see below for further information). “Esnad” means any member of the Esnad Express Network.
1. Customs Clearance
Esnad may perform any of the following activities on Shipper’s or Receiver’s behalf in order to provide its services:
(1) complete any documents, amend product or service codes, and pay any duties, taxes or penalties required under applicable laws and regulations (“Customs Duties”),
(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 customs broker or other address upon request by any person who Esnad believes in its reasonable opinion to be authorized.
2. Unacceptable Shipments
A Shipment is deemed unacceptable if:
1. no customs declaration is made when required by applicable customs regulations,
2. it contains counterfeit goods, animals, bullion, currency, gemstones; weapons, explosives and ammunition; human remains; illegal items, such as ivory and narcotics,
3. it is classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), ADR (European Road Transport Regulation on dangerous goods) or other relevant organization (“Dangerous Goods”),
4. its address is incorrect or not properly marked or its packaging is defective or inadequate to ensure safe transportation with ordinary care in handling,
5. it contains any other item which Esnad decides cannot be carried safely or legally.
3. Deliveries & Undeliverables
1. Shipments cannot be delivered to PO boxes or postal codes. Shipments are delivered to the Receiver’s address given by Shipper but not necessarily to the named Receiver personally. Shipments to addresses with a central receiving area will be delivered to that area.
2. Esnad may notify Receiver of an upcoming delivery or a missed delivery. Receiver may be offered alternative delivery options such as delivery on another day, no signature required, redirection or collection at a Esnad Service Point. Shipper may exclude some delivery options on request. 3. If the Shipment is deemed to be unacceptable as described in Section 2, or it has been undervalued for customs purposes, or Receiver cannot be reasonably identified or located, or Receiver refuses delivery or to pay Customs Duties or other Shipment charges, Esnad 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 without incurring any liability whatsoever to Shipper or anyone else, with the proceeds applied against Customs Duties, Shipment charges and related administrative costs with the balance of the proceeds of a sale to be returned to Shipper. Esnad shall have the right to destroy any Shipment which any law prevents Esnad from returning to Shipper as well as any Shipment of Dangerous Goods.
Delivery OF SHIPMENT
Esnad shall deliver all consignments to the address of the consignee, registered in the service contract, and shall be responsible for any loss, delay or miss delivery caused by it.
The consignment shall be delivered to the named consignee or authorized representative with applying restricted procedures to verify the identity of the recipient before handover.
Esnad shall recollect any consignment with miss-delivered.
Failure of delivery of a consignment due to the consignee's refusal to receive them or for any other reason by the beneficiary, Esnad shall apply the rules and procedures for dealing with the non-deliverable items declared in his platforms and service centers, provided that such rules shall take into account the number of attempts to be made for the receipt. , And these rules and procedures comply with international rules in this regard
Esnad shall record and keep the procedures for dealing with postal materials that could not be delivered in a documented special register established for this purpose, for a period not less than one calendar year from the date of the action taken.
4. RETURN OF SHIPMENT & AMEND ADDRESS
The shipper may request the return of consignment or amend the address of the consignee, before delivery to the consignee. In addition, the beneficiary may be charged any additional fees as applicable
UNDELIVERABLE of a shipment can be either at the instructions of the customer or get agreement from both parties if the shipment is held beyond a reasonable period or delivery attempts. UNDELIVERABLE of shipment can be due to following reasons, but not limited to.
The shipper has requested for UNDELIVERABLE.
The consignee refuses to accept the shipment.
The consignee refuses to pay charges applied to the shipment against duties, taxes, freight on delivery, cash on delivery, labor charges, additional handling charges, etc. The consignee has moved from the address shown on the waybill or the address in incomplete/incorrect and the shipper cannot assist in obtaining the correct delivery address.
The consignee refuses to provide documentation required by the destination customs authorities, to facilitate the clearance of shipment.
UNDELIVERABLE charges are applicable, as agreed on the rate matrix.
If the shipments are to be redirected to a new address, then the shipper does not agree to pay the redirection charges. Esnad Co. Reserve the right to request the consignee to pay these charges in cases where redirections required to cities different to the initial destination city
Returned shipment terms are subject to agreements and provisions between the shipper and the recipient and Esnad do not represent any party to these terms. Where Esnad adheres to the shipping procedures only.
5. Goods prohibited from importation
1. Swine and its meat, fat, hair, blood and offal, and all that is extracted from it
2. Dogs; except dogs for hunting, guarding or for guiding the blind with certificates from the competent authorities in the exporting country authenticated by the Saudi embassy indicating that the dog to be entered is a dog for guarding, hunting or for guiding the blind. In addition, it shall be presented to the veterinary quarantine
2. Frog meat. 3. Narcotic drugs of all kinds, forms and names in addition to the snuff, tumbak and cola nut (Cola acuminate) "Goro
4. All foodstuffs made of animal blood
5. Wines and intoxicants of all kinds including what contains alcoholic substances at any intoxicating ratio, as well as wine distillation appliances and materials which are not used except in its distillation. The Holy Quran in commercial quantities.
6. Blank invoices addressed in the name of foreign companies abroad.
7. Advertising materials for cigarettes of all kinds.
8. The cross or any commodity with pictures, inscriptions, drawings, recitations or phrases including books, prospectuses and other publications, films and tapes which are contrary to the Islamic faith and morals or the publications regulation.
9.Empty packing’s coming from abroad for their refilling domestically with origin indication affixed on them. Dummies which are not in compliance with the Sharia provisions and general morals and imported for sale in commercial quantities.
9.Tools, machines and devices for gambling of all kinds.
10. Used and retreaded tires.
11. Christmas trees.
12. Weapons and military equipment of all kinds, parts, and ammunitions thereof exclusive of those for competent government sectors.
13. Night vision binoculars, binocular night vision cameras and telescopic sights for fitting to arms. Explosive and radioactive substances, firecrackers, gunpowder salt of all kinds and potassium chlorates except with an official permit.
14. Fireworks of all kinds.
15. Medicaments not bearing a label or accompanied by a leaflet showing their composition and quantity of each component according to the regulation for practicing the profession of pharmacology and trade in medicines and medical preparations.
16. Goods on which is drawn the government emblem in the form of two crossed Swords with a palm tree with long stem and leaves in the space above and between the blades properly represented.
17. Nutmeg fruit; seeds and powder thereof. Permission to import it is confined to its Powder mixed with other spices within the limits of permissible ratio which does not exceed 20%.
18. Bonds and coupons for sacrificial animals (Adahiy and Hady), ransom (Fidyah) and charity (Sadaqah).
19. Cameras which strip the body of dresses in a naked form.
20. Massage devices presented in a manner violating morals.
21. Small cars and motorcycles for children which their height from their wheel axis does not exceed 50 cm, and equipped with petrol, gas or any combustible substance-powered engine as well as battery-powered if its speed exceeds 10 km/hour.
22. Unlocking devices used in opening doors and cars.
24. Disguise masks.
25. Empty bags imported separately bearing marks or data about foodstuffs or cement or their companies' trademarks. What is imported for domestic companies is excluded.
26. Transparent women' cloaks even if is for personal use.
27. Special forms of knives designed for aggressive purposes such as being with two blades or with handle.
28. Entertainment devices, which contain hysterical laughter.
29. Sodium carbonates (soda ash).
30. Pens in syringe form.
31. Goods bearing flags of foreign countries in a big prominent form.
32. Preparations which cause irritation to the organs of the body.
33. Specimen of Prophet Mohammed's (peace be upon him) stamp.
34. Wild animal hides.
35. Wireless video transmitters (video booster)
36. Suitcases containing radio, cassette recorder and alarm devices.
37. Greeting cards containing a small musical device that runs automatically upon moving the card.
38. Vehicle antennas similar to antennas of policemen' cars and wireless televisions.
39. Counterfeit money.
40. Potassium bromate, which is used as a maturing agent in baking bread.
41. Vehicles with two exhaust pipes, 450 HorsePower and ordinary transmission.
42. Devices fixed behind the driver to alert him in case he sleeps.
43. Eagle emblem.
44. Devices, which change the voice.
45. Laser spectacles with perforations.
46. Illuminated footwear in which mercury is used.
47. Games in the form of a human hand, which some drivers display prominently in their vehicles.
48. Electronic mihrab.
49. Kaaba Musharafa model.
50. Six-pointed star.
60. Old newspapers.
70. Vehicles with steering wheel on the right side.
71. Antique guns.
72. Laser pens.
6. Restricted goods for import
The following substances are subject to examination by the agricultural and veterinary quarantine at the Ministry of Agriculture and Water according to the Council of Ministers' resolution No. 50 dated 17/10/1989:
(A) Animal Products / Consignments
1. Edible live animals of all kinds.
2. Wild predatory live animals.
3. Ornamental birds of all kinds.
4. Live poultry, rabbits and chicks of all kinds.
5. Ornamental fish of all kinds.
6. Eggs for hatching.
8. Veterinary vaccines.
9. Veterinary medicaments (the veterinary medicaments shall be released by the competent committee formed for this purpose by the Ministry of Health according to the Royal Decree No. M/18 on 26/02/1978 and its implementation rules. The representative of the Ministry of Agriculture and Water participates in this committee membership.
10. Animal feed concentrates and vitamins and mineral salts thereof; them analysis and examination shall include hormones if any.
11. Hides, skins, hair, fur skins and wool of animal origin not subject to any processing.
(B) Agricultural Consignments
3. Ornamental plants.
4. Fresh fruits, vegetables and dates, perishable items.
6. Cereals and substances used as animal feed such as barley, corn, millet, soya bean, hay, Rhodes grass and oilcake of all kinds.
7. Organic fertilizers and peat moss.
8. All agricultural pesticides and chemical fertilizers; dry and liquid.
9. All other products shall be released by the Ministry of Commerce represented in the Quality Control Laboratories such as foodstuffs (meat, fish, canned food, iron, aluminum, etc.).
10. All wild animals except with an approval by the Saudi Wildlife Authority as per letter identifying their types, numbers and species.
11. Edible eggs shall bear the seal of the producing country. But, eggs imported for hatching, a certificate from the agricultural quarantine shall be presented stating that it is imported for hatching.
12. Wheat and flour except through the Grain Silos and Flour Mills organization.
13. The conditions pertaining to tobacco and articles thereof shall be observed (such as the need to comply with the specifications and bear warning phrases, tar proportion, manufacturing date and the necessity to display warning pictures on the cigarette packets).
14. Any type of medication or medical preparation shall not be released for trading or a. For hospitals unless for whoever holds a license from the Saudi Food & Drug Authority (SFDA). The release requires producing an independent certificate or a note on the invoices by SFDA indicating expressly that the products meet the right conditions. The exemption of alcohol and radioactive isotopes from the customs duties provided for in chapters (22, 28) requires producing a certificate from SFDA proving that they are intended for medical purposes. The exemption of the medicaments provided in chapter (30) from the customs duties requires that the product shall be included in the heading and explanatory notes thereof and chapter b. (30) notes
15. Chemical substances of all kinds including explosives, firecrackers, gunpowder salt of all kinds and potassium chlorates shall not be released unless after obtaining a prior permission from the competent authority. Imports in the name of competent government agencies are excluded.
16. All publications imported whether readable, audible, visual or handwritten shall not a. Be released unless with an approval by the Ministry of Information.
17. Importation of unused postage of current issue in the Kingdom shall be made by the competent government agency.
18. For the importation of worn clothing, it is required to be accompanied by a disinfection certificate from abroad; otherwise, it shall be presented to the quarantine.
19. Distillation devices shall not be released unless by an approval by the Ministry of Health or any of its branches with regard to medical and scientific purposes. But those pertaining to companies of maintenance, technical services and general contracting shall be released by the Ministry of Commerce and Investment.
20. Electrical appliances indicated in the lists reported to the Customs as well as the a. Goods which their release requires their conformity with the standard specifications shall not be released unless after presenting this certificate for goods imported for trading purpose.
21. Wireless devices of all kinds, whatever their range, shall require a prior permit a. Except those imported for government agencies and corporations; they shall be released according to a letter from the competent minister specifying their types, quantities and the purpose of their importation.
22. Hunting arms, white arms and firearms intended for firing live ammunition such as a. Signal pistols and other arms such as air, gas or spring guns and pistols or others, as well as fireworks of all kinds, toy rifles to train boys on target-shooting, pistols with disturbing noise and similar types used for hunting, investment, sporting and entertainment purposes require a prior approval by the competent authorities.
23. Military ranks, clothing and insignia except with an approval by the competent authorities.
24. Vehicles bearing plates or inscriptions indicating that they belong to a military security agency, except with an approval by the competent authorities.
25. Used vehicles spare parts.
26. Used garments.
27. Detection devices for gold, jewelry and the like, except with an approval by the competent authorities.
28. Detection devices for counterfeit currency except with approval by the competent authorities.
29. Plastics signs resembling traffic signs which are mounted on vehicles, except with an approval by the competent authorities.
30. Fire extinguishing powder containers and fire alarm devices.
31. Safety devices.
32. Mail processing machines.
35. Vehicles ornament resembling military ranks.
36. Clichés imported to national companies and establishments.
37. Aircraft operated by remote control.
38. Fishing boats.
39. Machines and tools for manufacturing, repairing and copying keys, except with a license from the Public Security.
40. Ozone depleting substances (Presidency of Meteorology and Environment).
41. Endangered animals (Saudi Wildlife Authority).
42. Television receiver cards (Ministry of Information).
43. Gas cylinders (shall be presented to the Saudi Standards, Metrology and Quality Organization).
Esnad has the right to open and inspect a Shipment without notice for safety, security, customs or other regulatory reasons.
8. Shipment Charges & Fees
Esnad’s Shipment charges are calculated according to the higher of actual or volumetric weight per piece and any piece may be re-weighed and re-measured by Esnad to confirm this calculation.
Shipper, or the Receiver when Esnad acts on Receiver’s behalf, shall pay or reimburse Esnad for all Shipment or other charges due, or Customs Duties owed for services provided by Esnad or incurred by Esnad on Shipper’s or Receiver’s behalf. Payment of Customs Duties may be requested prior to delivery.
If Esnad uses its credit with the Customs Authorities or advances any Customs Duties on behalf of a Receiver who does not have an account with Esnad, Esnad shall be entitled to assess a fee.
9. Esnad’s Liabilities
1. Esnad’s liability in respect of any one Shipment transported by air (including ancillary road transport or stops en route) is limited by the Montreal Convention or Warsaw Convention as applicable, or in the absence of such Convention, to the lower of (i) the current market or declared value, or (ii) 19 Special Drawing Rights per kilogram (approximately $US 26.00 per kilogram). Such limits shall also apply to all other forms of transportation, except where Shipments are carried only by road, when the limits below apply.
For cross border Shipments transported by road, Esnad’s liability is or shall be deemed to be limited by the Convention for the International Carriage of Goods by Road (CMR) to the lower of (i) current market value or declared value, or (ii) 8.33 Special Drawing Rights per kilogram (approximately $US 14.00 per kilogram). Such limits will also apply to national road transportation in the absence of any mandatory or lower liability limits in the applicable national transport law.
If Shipper regards these limits as insufficient it must make a special declaration of value and request insurance as described in Section 8 or make its own insurance arrangements.
Esnad’s liability is strictly limited to direct loss and damage to a Shipment only and to the per kilogram limits in this Section 6. 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 Esnad’s attention.
2. Esnad will make every reasonable effort to deliver the Shipment according to Esnad’s regular delivery schedules, but these schedules are not binding and do not form part of the contract. Esnad is not liable for any damages or loss caused by delay, but for certain Shipments, Shipper may be able to claim limited delay compensation under the Money Back Guarantee terms and conditions.
All claims must be submitted in writing to Esnad within thirty (30) days from the date that Esnad accepted the Shipment, failing which Esnad shall have no liability whatsoever. 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.
11. Shipment Insurance
Esnad may be able to arrange insurance covering the value in respect of loss of or damage to the Shipment, provided that the Shipper so instructs Esnad in writing, including by completing the insurance section on the front of the waybill or by Esnad’s automated systems and pays the applicable premium. Shipment insurance does not cover indirect loss or damage, or loss or damage caused by delays.
12. Circumstances Beyond Esnad’s Control
Esnad is not liable for any loss or damage arising out of circumstances beyond Esnad’s control. These include but are not limited to electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings; any defect or characteristic related to the nature of the Shipment, even if known to Esnad; any act or omission by a person not employed or contracted by Esnad - e.g. Shipper, Receiver, third party, customs or other government official; “Force Majeure” - e.g. earthquake, cyclone, storm, flood, fog, war, plane crash, embargo, riot, civil commotion, or industrial action.
13. Shipper’s Warranties and Indemnities
Shipper shall indemnify and hold Esnad harmless for any loss or damage arising out of Shipper’s failure to comply with the following warranties and representations:
1. all information provided by Shipper or its representatives is complete and accurate;
2. the Shipment is acceptable for transportation under Section 2 above;
3. the Shipment was prepared in secure premises by reliable persons and was protected against unauthorized interference during preparation, storage and any transportation to Esnad;
4. Shipper has complied with all applicable customs, import, export, data protection laws, sanctions, embargoes and other laws and regulations; and
5. Shipper has obtained all necessary consents in relation to personal data provided to Esnad including Receiver’s data as may be required for transport, customs clearance and delivery, such as e-mail address and mobile phone number.
Shipper agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places.
15. Governing Laws
Any dispute arising under or in any way connected with these Terms and Conditions shall be subject, for the benefit of Esnad, 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.
These terms and conditions shall apply to, and injure to the benefit of Esnad and its authorized agents and affiliated companies, and their office, directors and employees.
18. Beneficiary Rights & Obligations
a. The beneficiary shall read and accept the terms and conditions of service, contract, payment mechanism and redemption before approving the execution of the application.
b.The beneficiary shall pay the service provider as agreed in the service contract.
c. The beneficiary is responsible for the correctness of the information and data entered by the beneficiary.
d. The shipper warrants that each article in the shipment properly described in this Air waybill has not been declared by Esnad to be unacceptable for transport and that the shipment is properly marked and addressed and packaged to ensure safe transportation with ordinary care in handling.
e. The shipper warrants that all laws and regulations of Saudi Arabia, to, from, through, or over which the shipment may pass, have been complied with.
f. The shipper certifies that all information provided to Esnad or set forth in this Esnad waybill is accurate and complete.
g. The shipper agrees to indemnify and hold Esnad harmless for any claim, liability or expense arising from the shipper’s failure to comply with any applicable law or regulations.
h. The Beneficiary has the right to the services against the declared prices without any increase.
i. The beneficiary shall verify the consignment before signing the delivery note.
j. Any beneficiary to whom consignment has not been delivered or found shall notify the service provider through one of the approved channels of communication.
k. Esnad have the right to change, modify, cancel and add the terms and conditions relating to Esnad service mentioned here in without notice.
l. Esnad comply with the terms and conditions in force at the date of signing the service contract.