These Conditions apply to the carriage of Shipments from and between selected countries in Africa (“EMEA”) and from and between specified locations within selected countries in EMEA, utilising the following services or service options of FedEx (if and where available): FedEx International Priority, FedEx International Priority Freight, FedEx International Priority Plus, FedEx International Economy, FedEx International Economy Freight.
These services may be modified by FedEx from time to time. Upon request, customers can be informed about the areas that are served by FedEx. These Conditions do not apply to intra-United Kingdom and intra-India Shipments for which separate conditions of carriage apply. Please refer to fedex.com/ukservices/services/terms.html for the conditions of carriage applicable to domestic Shipments carried within the United Kingdom and fedex.com/in/domestic/services/ terms/ for the conditions of carriage applicable to domestic Shipments carried within India (Note: fedex.com URLs are subject to change). Shipments originating outside EMEA for EMEA or other international destinations are subject to local tariffs and the terms and conditions of the FedEx subsidiary, branch or the independent contractor that accepted the Shipment. Shipments returned using FedEx Global Returns are governed by the terms and conditions applicable to the country from which the Shipment is returned. Those terms and conditions of service may vary from country to country. Consult fedex.com or contact Customer Service for details.
The carriage by air of a Shipment may be subject to the Warsaw Convention of October 12, 1929, as amended by the Hague Protocol of September 28, 1955 and all subsequent applicable Protocols or the Montreal Convention of May 28, 1999 and all subsequent applicable Protocols, as well as the Guadalajara Convention of September 18, 1961. Shipments transported partly or solely by road - by explicit agreement or otherwise - in, to or from a country which is party to the Convention on the Contract for the International Carriage of Goods by Road, as amended, are subject to the terms and conditions thereof. Shipments carried from and between specified locations within one country are subject to the mandatory rules provided by the laws of that country.
SHIPPING RATES
Rates applicable to the Shipment are as set out in the FedEx standard list rates on fedex.com, or as expressly agreed otherwise in the relevant FedEx transportation services agreement. FedEx rates do not include duties, taxes, customs clearance Charges, or any other import or export Charges applicable to the Shipment. Rates and service quotations by employees and agents of FedEx will be based upon information provided by the Sender but final rates and service may vary based upon the Shipment actually tendered and the application of these Conditions. FedEx is not liable for, nor will any adjustment, refund or credit of any kind be made, as a result of any discrepancy in any rate or service quotation made prior to the tender of the Shipment and the rates, and other Charges invoiced to the customer. FedEx will only provide estimates of customs duties and taxes through the Estimate Duties and Taxes feature on FedEx Global Trade Manager at fedex.com but final duties and taxes may vary.
Rates applied shall be those rates applicable and in force at the time that the contract of carriage is made. FedEx reserves the right to revise Charges set out in the FedEx standard list rates or elsewhere on fedex.com from time to time and without notice.
INVOICE ADJUSTMENTS/ DIMENSIONAL WEIGHT
BOKWA Enterprises Pty Limited may audit each (Air) Waybill to verify service selected and Package/Shipment weight. If the service selected or weight entered is incorrect, FedEx may make appropriate corrections to the (Air) Waybill and appropriate adjustments to the invoice at any time and will be entitled to charge a special handling fee for having to make such corrections and amendments.
When (Air) Waybills are produced by the Sender or Buyer through any automated shipping device, any omission or incorrect entry on the (Air) Waybill concerning the weight or number of Packages will result in a billing based on FedEx’s estimate of the number of Packages transported and FedEx Conditions of Carriage either the dimensional weight at the time of billing or a standard default weight per Package estimate, as determined by FedEx and which will be available upon request.
Charges may be assessed based on dimensional weight. Dimensional weight is determined by multiplying a Package’s length x height x width (all in centimetres) and dividing by 5000 or such other number as specified by FedEx from time to time on fedex.com. If the result exceeds the actual weight, additional Charges may be assessed based on the dimensional weight. The rates of such additional Charges are available upon request and may be amended, without notice, by FedEx.
CUSTOMS CLEARANCE
Shipments that cross national borders may be cleared through customs. BOKWA Enterprises Pty Limited is responsible for making sure goods are shipped in compliance with all customs regulatory requirements, for providing all documentation and information required for the clearance, and for representing and warrantying that all statements and information it provides relating to the goods and the clearance of the Shipment are and continue to be true, correct and complete, including the appropriate Harmonized System Code. Shipments requiring documentation in addition to an (Air) Waybill (e.g., a commercial invoice) may require additional transit time. WE RESERVE THE RIGHT AT OUR SOLE DISCRETION TO CHARGE YOU WITH ANY PENALTIES, FINES, DAMAGES OR OTHER COSTS OR EXPENSES, INCLUDING BUT NOT LIMITED TO STORAGE FEES, RESULTING FROM AN ENFORCEMENT ACTION BY ANY COMPETENT GOVERNMENT AUTHORITY, OR BY YOUR FAILURE TO COMPLY WITH THE OBLIGATIONS HEREBY LAID OUT.
DUTIES AND TAXES
In order to complete clearance of certain items through customs, BOKWA Enterprises Pty Limited may advance duties and taxes as assessed by customs officials on behalf of the payer and assess a surcharge for doing so. For all Shipments, BOKWA Enterprises Pty Limited may contact the payer and require confirmation of reimbursement arrangements as a condition to completion of clearance and delivery, and at the discretion of FedEx, require payment of duties and taxes before release of the Shipment to the Recipient. Contact BOKWA Enterprises Pty Limited customer service for further details.
ROUTING AND DELIVERY
FedEx on behalf of BOKWA Enterprises Pty Limited, reserves the right to route a Shipment in any way it deems appropriate. There are no stoppages on route, which are agreed upon at the time of tender of the Shipment. Some Shipments may be consolidated or forwarded by FedEx for transportation on third party vehicle, third party air carriers, or on either a charter or an interline basis as FedEx may determine in its sole discretion. FedEx assumes no obligation to reroute any Shipment to a third country or carry the Shipment by any specified aircraft or other vehicle, or over any particular route or to make connection at any point according to any schedules. FedEx may, without notice, substitute an alternate carrier, aircraft or vehicle, deviate from the route or routes, or cause the Shipment to be transported by motor vehicle. The Sender agrees to FedEx right to divert any Shipment (including use of other carriers) in order to facilitate its delivery.
FedEx may deliver to the Recipient at the address mentioned on the (Air) Waybill, or to someone other than the person or entity named on the (Air) Waybill having apparent authority to accept the Shipment in the name and on behalf of the Recipient. Shipment addresses should always include the complete address of the Recipient and its telephone or fax number. The Shipper recognizes and explicitly accepts that in certain destination countries, the delivery may be made to a third party or to a letterbox or any other place accessible to the Recipient. (Post office box addresses may be used for certain international locations but must include a valid telephone, fax or telex number on the (Air) Waybill. FedEx cannot deliver to U.S. military post office box addresses such as APO and FPO).
FedEx shall not be liable in any circumstances for any claim, which relates to seizure or detention of goods in the course of transit by Customs or other government authorities.
Any requested change to an address that is not a reroute or an address correction is a new Shipment, and new Transportation Charges will apply.
Saturday delivery, if available, will be subject to a special handling fee in those countries where Saturday is not a regular Business Day.
At its sole discretion, FedEx may refuse to pick up or deliver a Shipment, or use alternative pickup or delivery arrangements, to maintain the safety of its employees and in cases in which FedEx believes that its services may be used in violation of any applicable laws, regulations or rules.