Terms and Conditions

Introduction:

These terms clarify the liability of "AyMakan" for any loss, damage, delay, wrong-delivery or non-delivery that occurs to the shipment during its transit and requires the submission of a claim notice by the customer within the specified period set forth in clause No. 12 of these terms, and the customer must read these terms Strictly, an insurance cover must be requested on the shipment if it is of high cost value.

1- Implementation:

1. [1-1] These terms apply to the transportation of shipments between distribution centers using the services provided by ("AyMakan") (if and where available). These services may be modified from time to time by ("AyMakan") according to the areas served by ("AyMakan").
2. [2-1] If there is a conflict between (AyMakan) conditions of carriage and the terms and conditions contained in the bill of lading, manifest (statement of shipments) or shipping card, these conditions shall govern, prevail, and apply to the customer.

These terms supersede, exclude and prefer any other verbal and/or written terms or conditions, wherever they appear or take place, or any terms or conditions that the customer seeks to enter or any written and/or oral statements related to these terms..

2- Tariffs:

"Place" means "AyMakan" Express Transport Company Limited" "AyMakan", and its subsidiaries and representatives.

"Shipment" means a piece or a multi pieces, whether packages or shipments carried under a single "bill of lading

"Customer" means every human being or legal person who sends the shipment and pays its fees to "AyMakan".

3-Adjustments to billing/volume weight:

1. If the service selected or the weight entered is incorrect, "AyMakan may make appropriate corrections to the bill of lading / or appropriate adjustments to the invoice at any time, and it is entitled to charge handling fees for making such corrections and adjustments on (client).
2. "AyMakan has the right to estimate wages based on dimensional standards and volumetric weight approved by "AyMakan".

4- Refused shipments:

("AyMakan") reserves the right to refuse, stop, cancel, postpone or return any shipment at any time if it is likely to cause damage or delay to the shipments, goods or other persons or if its carriage is prohibited by law or if it is in violation of these Terms; Any location's acceptance of a particular shipment does not mean that such shipment is in compliance with applicable laws or regulations or that it conforms to the current conditions

.

5- Items not authorized for transportation:

The following items are not acceptable for transportation: money, stones and precious metals, explosives, human cadaver or body parts, firearms, pornography, dangerous waste or dangerous goods, dead or live animals.

6- Packing and labeling:

1. [6-1] The customer must prepare and pack all the contents of the shipment for safe transportation by land, taking care of normal handling.
2. [6-2] (Aymakan) is not bound by any damage arising from changes in temperature or pressure.

7- Inspection and inspection of shipments:

1. "AyMakan" can choose and/or (at the request of the competent authorities) to open and inspect any of the shipments at any time, and it will not bear any obligations of any kind as a result of that.
2. According to the applicable regulations, ("AyMakan") will apply random X-ray scanning of the shipments sent, and neither the customer nor the recipient has the right to claim compensation for any damages as a result of this security measure.

8- Dispatch and delivery:

1. [8-1] ("AyMakan") reserves the right to send the shipment by any method it deems appropriate.
2. [8-2] Shipments are delivered according to the address indicated by the customer and the shipment does not need to be delivered to the recipient in person as it can be delivered to a person other than the person or entity named on the bill of lading who has a clear authority to accept the shipment in the name of the recipient on his behalf.
3. [8-3] ("AyMakan") shall not be liable under any circumstances for any claim related to the confiscation or seizure of the shipment during the transportation process by any other government agency.
4. [8-4] Delivery on public holidays - if any - will be subject to special handling charges.
5. [8-5] The customer may request to amend the address of the consignee or to stop the shipment or to retrieve it before the shipment reaches its final destination, but "Aymakan" will not provide guarantees to complete the request or a commitment to the implementation time and in the event of implementation the customer bears the resulting fees that can be obtained Through the customer platform.

9-Undeliverable shipments:

Aymakan is not obligated to deliver Shipments

If the recipient address is incomplete, incorrect, or cannot be found.

1. [2-1-9] If the shipment is likely to damage or delay other goods, or cause damage to others
2. [3-1-9] If the contents of the shipment or its packaging have been damaged to the extent that it cannot be re-wrapped and packaged.
3. [4-1-9] If delivery is impossible due to unavailability of the appropriate person, refusal to receive the shipment, or refusal to sign the shipment receipt statement.
4. [2-9] The customer is obligated to bear all costs, fees and charges incurred for returning the shipment that cannot be delivered, stored or disposed of.

10- Declared value and limitations of liability:

1. [10-1] Unless the customer discloses the value of the shipment when sending it and pays the insurance coverage fees, the limits of liability ("AyMakan") for damage, loss, delay, wrong delivery or non-delivery are an amount of one hundred (100) US dollars as a maximum.
2. [10-2] The Declared Value by Customer of the Shipment for any Package represents the minimum liability (AyMakan) in connection with the shipment of that Package, including but not limited to, any loss, damage, delay, misdelivery, even if the higher value the Aymakan’s liability for loss or damage to the shipment will not be more than the actual value of the contents of the shipment.
3. [10-3] The declared value for high value shipments shall be specific and depends on the contents and final destination of the shipment.
4. [10-4] Aymakan will not be liable for any loss, damage, delay, mis-delivery or non-delivery of undeliverable Shipments.
5. [10-5] Aymakan acceptance of a shipment in excess of the maximum permitted value declared shall not constitute a waiver of any term or condition of these Terms.
6. [10-6] If the declared value of the shipment exceeds the approved limits, that value will be automatically reduced to the approved limits for that shipment.
7. [10-7] Regardless of the declared value of the shipment, the responsibility of "AyMakan" for loss, damage, delay, mis-delivery, wrong delivery; Non-delivery, erroneous information, failure to provide information, or misrepresentation of information, will not exceed the cost of repairing the shipment according to its consumable value or its replacement cost, whichever is lower.
8. [10-8] Aymakan will be liable for any damages in excess of the declared value or limitation of liability as described in Clause (10) of these Terms.
9. [10-9] In no event shall "AyMakan" be liable for direct or indirect loss or damage, including but not limited to loss of income or profit or loss of utility.
10. [10-10] Aymakan will not be liable for any damage resulting from Customer's actions or negligence (without limitation) wrongful declaration of Shipment, incorrect or inadequate packing, or routing of Shipment, or from the acts or omissions of the Recipient or any Someone else has an interest in the shipment. Neither Aymakan will be liable if the customer or recipient breaches any of these terms or conditions of the air waybill or conditions of carriage. Neither Aymakan will be liable for loss, damage, delay, mis-delivery, non-delivery, incorrect information, or failure to provide the information.
11. [10-12] The customer is responsible for his shipment if it causes damage to shipments Aymakan or to third party shipments. The Customer shall be liable for any claim by a third party, or any liability beyond the liability imposed under these Terms.

11- No guarantees:

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS , Aymakan MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED.

12- Claims and compensation:

1. [12.1] The sender must submit all requests related to delay, damage (partial or complete damage), shortage, loss or misdelivery within a period not exceeding 15 days of dispatch of the shipment
2. [12-2] All claims related to damage (visible or hidden) must be reported to "AyMakan" within 48 hours after delivery of the shipment, provided that the presence of damage is acknowledged in the delivery record while the customer receives the shipment
3. [12-3] The customer can submit the claim through any available Aymakan channels for customer support.
4. [12.4] Processing of all claims by Aymakan requires up to 10 business days for implementation unless further action is required by the investigation.
5. [12.5] As stated and without prejudice to the declared value clause and the limits of liability in these terms and conditions, in the event that the shipment is not subject to insurance, the limits of liability for "AyMakan" is a maximum of 100 US dollars or the value of the carriage (whichever is less).
6. [12-6] In the event that the customer pays additional amounts that are not due through any of the service channels Aymakan, the money will be returned within a period not exceeding (15) working days from the date of discovering the defect.

13- Additional Wages:

Aymakan reserves the right to estimate fuel and other surcharges on a shipment without notice to the customer.

14- Prevailing Law and Approved Language:

These Terms do not exclude any liability where the exclusion of that liability is prohibited by law, and the invalidity or unenforceability of any provision shall not affect the other portions of these Terms. The text in the Arabic language is also the approved text in the interpretation of these conditions.

15- Abandoned, Wasted or Returned Shipments:

If the shipment cannot be delivered for any reason (inability to communicate with the customer, non-response of the customer, refusal to receive or the customer’s failure to give instructions to take delivery or the customer ignoring receipt) then "AyMakan" at its sole discretion has the right to return the shipment to the sender; or shipment status; or dispose of the shipment or take any other action to serve its interest, and the customer must pay the return fees or any additional fees in cases where the shipment is returned to him because it could not be delivered (but not limited to) because: the customer did not pay any fees Required on the shipment, the customer refused to receive, rejected by government agencies, the address is incorrect, in addition to the right of "AyMakan" to reserve the shipment and not deliver it if it entails sums of money, whether the return fees or other, and the customer is not entitled to demand proof of delivery of the shipment after Three months have passed since the date of dispatch

16- Data protection and privacy:

By providing any personal data to "AyMakan", the sender agrees that "AyMakan" will use such data for the purposes of "AyMakan" (or its agents or subcontractors) to perform their obligations under the waybill and the relevant circumstances. Shipper also agrees to Aymakan sharing this data with its affiliates, and confirms that any location can do the same with the consignee's personal data.