TERMS AND CONDITIONS OF CARRIAGE (“Terms and Conditions”)
When ordering Cheetah Imports services you, as “Shipper”, are agreeing, on your behalf and on behalf of anyone else with an interest in the Shipment, that the Terms and Conditions shall apply from the time that Cheetah Imports accepts the Shipment unless otherwise agreed in writing by an authorised by Cheetah Imports.
“Shipment” means all documents or parcels that travel under one waybill and which may be carried by any means Cheetah Import’s chooses, including air, road or any other carrier. A “waybill” shall include waybill, or consignment note and shall incorporate these Terms and Conditions. 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).
Acceptance of our Terms
By visiting the website Cheetah Imports, viewing, accessing or otherwise using any of the services or information created, collected, compiled or submitted to Cheetah Imports, you agree to be bound by the following Terms and Conditions of Service. If you do not want to be bound by our Terms your only option is not to visit, view or otherwise use the services of Cheetah Imports. You understand, agree and acknowledge that these Terms constitute a legally binding agreement between you and Cheetah Imports and that your use of Cheetah Imports shall indicate your conclusive acceptance of this agreement.
1. Customs, Exports and Imports
Cheetah Imports may perform any of the following activities on Shipper’s behalf in order to provide its services to Shipper: (1) complete any documents, amend product or service codes, and pay 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 Cheetah Imports believes in its reasonable opinion to be authorised.
2. Unacceptable Shipments
Shipper agrees that its Shipment is acceptable for transportation and is deemed unacceptable if:
- it is classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organisation), ADR (European Road Transport Regulation on dangerous goods), any applicable government department or other relevant organisation;
- no customs declaration is made when required by applicable customs regulations;
- it contains counterfeit goods, animals, bullion, currency, banderols/tax stickers, bearer form negotiable instruments, precious metals and stones; real or imitation firearms, parts thereof, weapons, explosives and ammunition; human remains, pornography or illegal narcotics/drugs),
- it contains any other item which Cheetah Imports decides cannot be carried safely or legally, or
- its packaging is defective or inadequate.
3. Deliveries and Undeliverables
If the Shipment is deemed to be unacceptable, or it has been undervalued for customs purposes, or the Shipper cannot be reasonably identified or located, or the Shipper refuses to pay for delivery, Cheetah Imports shall use reasonable efforts to contact the Shipper, failing which the Shipment may be released, disposed of or sold by Cheetah Imports 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.
Cheetah Imports has the right to open and inspect a Shipment without notice.
Cheetah Imports Shipment charges are calculated according to the higher of actual or volumetric weight and any Shipment may be re-weighed and re-measured by Cheetah Imports to confirm this calculation. Shipper shall pay or reimburse Cheetah Imports for all Shipment charges, ancillary charges, duties and taxes owed for services provided by Cheetah Imports or incurred by 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.
6. Cheetah Imports Liability
You understand and agree that Cheetah Imports and any of its subsidiaries or affiliates shall in no event be liable for any direct, indirect, incidental, consequential, or exemplary damages. This shall include, but not be limited to damages for loss of profits, business interruption, business reputation or goodwill, loss of programs or information or other intangible loss arising out of the use of or the inability to use the service, or information, or any permanent or temporary cessation of such service or access to information, or the deletion or corruption of any content or information, or the failure to store any content or information. The above limitation shall apply whether or not Cheetah Imports has been advised of or should have been aware of the possibility of such damages. In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed the liability of Cheetah Imports is limited to the greatest extent permitted by law.
7. Time Limits for Claims
All claims must be submitted in writing to Cheetah Imports within three (3) days from the date that you accepted the Shipment, failing which Cheetah Imports shall have no liability whatsoever.
Cheetah Imports can arrange insurance for Shipper covering the actual cash value in respect of loss of or physical damage to the Shipment, Shipment insurance does not cover indirect loss or damage, or loss or damage caused by delays.
* Not available for damage on box freight.
Cheetah Imports will make every reasonable effort to deliver the Shipment according to Cheetah Importa regular delivery schedules, but these schedules are not binding and do not form part of the contract. Cheetah Imports is not liable for any damages or loss caused by delays.
10. Circumstances Beyond Cheetah Imports Control
Cheetah Imports is not liable for any loss or damage arising out of circumstances beyond Cheetah Imports 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 Cheetah Imports; any act or omission by a person not employed or contracted by Cheetah Imports – e.g. Shipper, Receiver, third party, customs or other government official; “Force Majeure” – e.g. earthquake, cyclone, storm, flood, fog, war, plane crash or embargo, riot or civil commotion, industrial action.
11. International Conventions
If the Shipment is transported by air and involves an ultimate destination or stop in a country other than the country of departure, the Montreal Convention, or the Warsaw Convention as applicable, governs. For international road transportation, the Convention for the International Carriage of Goods by Road (CMR) may apply. These conventions limit Cheetah Imports liability for loss or damage.
12. Shipper’s Warranties and Indemnity
Shipper shall indemnify and hold Cheetah Imports 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:
- all information provided by Shipper or its representatives is complete and accurate;
- the Shipment was prepared in secure premises by Shipper’s employees;
- Shipper employed reliable staff to prepare the Shipment;
- Shipper protected the Shipment against unauthorised interference during preparation, storage and transportation to Cheetah Imports ;
- the Shipment is properly marked and addressed and packed to ensure safe transportation with ordinary care in handling;
- all applicable customs, import, export and other laws and regulations have been complied with.
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 Cheetah Imports, 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.