1- Introduction:

These terms and conditions (“terms”) set out the basis on which Boomex will transport packages, documents and envelopes (shipments). The shipper should read this part of the agreement between Boomex and the shipper is previously agreed on this terms and conditions while signing this form and starting the delivery service that is provided by Boomex.

2- Scope of Service:

Unless any special services are agreed, the service to be provided by Boomex is limited to the pick up, transportation, delivery of the shipment and customs clearance where applicable.

3- Conditions of Carriage:

This section sets out various restrictions and conditions, which apply to the carriage of shipments by Boomex.

3.1- Service Restrictions and Conditions Shipments must comply with the restrictions in paragraphs (a) and (b) below.

(a) In accordance with the laws and the regulations, while delivering and getting your shipment, you have to notify a formal Identification Document with your individual and commercial shipments.

(b) Envelopes and/or Packages must not contain any of the prohibited articles, including but not limited to (such as works of art, antiques, precious stones, stamps, unique items, gold or silver), money or negotiable instruments (such as cheques, bills of exchange, bonds, savings books, pre-paid credit cards, share certificates or other securities), firearms and dangerous goods.

(c) Shipments must not contain goods which might endanger human or animal life or any means of transportation, or which might otherwise taint or damage other goods being transported by Boomex, or the carriage, export or import of which is prohibited by laws.

3.2- Perishable and temperature sensitive goods will be transported provided that the shipper accepts that this is at its risk. Boomex does not provide special handling for such shipments.

3.3- Refusal and Suspension of Shipping

(a) If it comes to the attention of Boomex that any shipment does not meet any of the above restrictions or conditions Boomex may refuse to transport the relevant shipment (or any relevant part thereof) and, if shipment is in progress, Boomex may suspend and hold the shipment (or any relevant part thereof) to the shipper’s order.

(b) Boomex may also suspend carriage if it cannot effect delivery, if the receiver refuses to accept delivery, if it is unable to effect delivery because of an incorrect address or because the correct address is found to be in another place from that set out on the shipment or Waybill or if it cannot collect amounts due from the receiver on delivery.

(c) Where Boomex is entitled to suspend carriage of shipment, it is also entitled to return it to the shipper at its own discretion.

(d) If we do not reach the receiver, the shipment is kept 10 days from the arrival date of the shipment at the branch. Unless the receiver requests the package, the shipment is delivered to the sender at the end of 10 days. At the same time, the shipping cost and occurred other costs are paid by the sender. Boomex Express and Post Servicecan use the other optional rights given by rules.

3.4- The shipper will be responsible for the reasonable costs and expenses of Boomex (including storage), for such losses, taxes and customs duties as Boomex may suffer and for all claims made against Boomex because a shipment does not meet any of the restrictions, conditions or representations in paragraph 3.1 above or because of any refusal or suspension of carriage or return of a shipment (or any relevant part thereof) by Boomex which is allowed by this paragraph 3. In the case of the return of a package or shipment, the shipper will also be responsible for paying all applicable charges calculated in accordance with the prevailing commercial rates of Boomex.

3.5- Boomex has the right to open and inspect or scan by means of x-ray any shipment tendered to it for transportation at any time.

4- Payment:

Sender can deliver a shipment either the payment paid by Sender or Receiver.

4.1- Sender Payment: The payment of the shipment is paid by Sender.

During the delivering a shipment at the branch, sender can pay the shipping cost.

If the package is picked up by Boomex personnel from the address;

(a) “The Pick-up Form” is given regarding the shipment is taken by Boomex personnel.

(b) If the shipment is a commercial item, the invoice of the shipment is required.

(c) After the weight or volume of the shipment is calculated, the package/parcel is invoiced according to the address.

 (d) In the end, a Boomex personnel gives the invoice to sender to have the shipping cost payment.

4.2- Receiver Payment: The payment of the shipment is paid by Receiver.

(a) Boomex personnel give the invoice to sender to have the shipping cost payment.

4.3- The rates for shipment and other services are set and all charges must be paid while it is handed to Boomex. Boomex invoices the shipment according to volumetric measurement and destination rates.

4.4- If

(a) Boomex is required to pay any taxes, duties or levies on behalf of the shipper, receiver or a third party,

(b) The selected billing option indicates that the receiver or a third party should pay any charges, or

(c) Any taxes, duties, penalties, charges or expenses are imposed or incurred as a result of any action by customs or legal authorities or any failure by the shipper or the receiver to provide correct documentation or any permits or licenses required in connection with shipment, then in each case (without prejudice to the shipper’s contractual liability for payment) the receiver will initially be charged by Boomex for payment.

4.5-  If any sum is not paid by the shipper, receiver under these terms, Boomex may hold any shipments it is carrying (or part thereof) until it receives payment in full or may sell them and use the proceeds to make good the debt to it in accordance with applicable local law. Any unpaid balance will remain payable.

4.6-  Boomex’s rates for carriage set out in the rate card are calculated for the carriage of shipments.

5- Interruption of Service:

If Boomex is unable to start or continue with carriage of the shipper’s shipment for a reason beyond its control, Boomex will not be in breach of its agreement with the shipper but Boomex will take all steps that are reasonably practicable in the circumstances to commence or continue the shipment. Examples of events beyond Boomex’s control are disruption transportation due to bad weather, fire, flood, war, hostilities, civil disturbances, acts of government or other authorities (including without limitation, customs) and labour disputes or obligations affecting Boomex or some other party.

6- Money Back Guarantee:

For certain services and destinations, Boomex offers a money back guarantee on the shipping charges. Details of its applicability, terms and conditions and of the corresponding delivery and latest pick up time for the relevant service and destination are as set out in the Guides and on the Boomex website (www.boom-ex.com ) each as current at the time the goods are accepted for carriage and can also be confirmed by contacting the Boomex call centre. For the avoidance of doubt, the liability of Boomex under the money back guarantee is limited to the above and the guarantee does not otherwise constitute any form of undertaking or representation that the shipment will arrive by any particular time.

7- The shipper will indemnify Boomex for all losses, expenses or any claims made against Boomex by the receiver, arising where Boomex does not deliver a shipment because the receiver does not pay the ITR amount in the appropriate form or refuses to accept the shipment.

8- Data Protection:

Boomex guaranties that any data provided by the shipper will be used only for our services excluded other purposes.

9- Claims Procedure – Prescription:

All claims against Boomex must be notified in writing as soon as reasonably practicable and in any event within 14 days of receipt in the case of damage (including partial loss of a shipment) and in the case of delay within 7 days of the goods being placed at the disposal of the person entitled to delivery and in the case of loss within 10 days of the goods being sent with Boomex for carriage. In addition, all claims against Boomex in connection with any shipment shall be prescribed and barred by expiration of time, unless legal proceedings are brought and written notice of them is given to Boomex within 1 month after delivery of the goods concerned or, in the case of non-delivery, within 1 month from the scheduled date for delivery.

(a) While receiving a shipment on which it is wet, crushed, if receiver has a suspicious of any damaged of shipment, sender/receiver have to require to be drawn up a record. Before this transaction, you have to sign for receiving the shipment and also the record is filled out with our personnel. Unless you tell our personnel that you have an inquiry during the receiving of the shipment or after, the inquiries are not accepted.

(b) If the damage or casualty of the shipment is determined during the carriage, the assessment of the relevant record is made by Boomex Express and Post Service compensation obligation.

10- Entire Agreement & Severability:

It is the intention of Boomex that all the terms of the contract between it and the shipper are contained in this document. If the shipper wishes to rely on any variation to these terms, it must ensure that that is recorded in writing and signed by the shipper and on behalf of Bomex before the shipment is accepted for carriage by Boomex. If any part of these terms are not enforceable, this will not affect the enforceability of any other part.

11- Governing Law:

These terms shall be governed by the laws of Iraq and Kurdistan Region and where the shipment is presented to Boomex for carriage.

 

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