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Conditions of Carriage
IMPORTANT NOTICE
These Conditions of Carriage EXCLUDE LIABILITY on the part of Max Delivery Cargo© and its employees or agents for loss, damage and delay in certain circumstances; LIMIT LIABILITY to stated amounts where liability is accepted and REQUIRE NOTICE OF CLAIMS within strict time limits. Senders / Receiver should note these Conditions carefully and where necessary obtain insurance cover in order to protect their interests.
Shipments are subject to local tariffs and the conditions of the Max Delivery Cargo subsidiary, branch or the independent contractor which accepted the Shipment.
Max Delivery Cargo CONDITIONS OF CARRIAGE FOR THE MIDDLE EAST, THE INDIAN SUBCONTINENT AND AFRICA EFFECTIVE FROM AUGUST 6, 2012 (updated in April, 2020 and May, 2021)
1. APPLICATION
1.1 These Conditions apply to the carriage of Shipments from and between selected countries in the Middle East, the Indian Subcontinent and Africa (“MEISA”) and from and between specified locations within selected countries in MEISA, utilising the following services or service options of Max Delivery Cargo (if and where available): Max Delivery Cargo © Europe First, International Next Flight, Max Delivery Cargo International First, Max Delivery Cargo International Priority, International Priority Freight, Max Delivery Cargo International Priority Plus, Max Delivery Cargo International Broker Select, Max Delivery Cargo International Priority Direct Distribution, Max Delivery Cargo International Economy, Max Delivery Cargo International Economy Freight, Max Delivery Cargo International Mail Service, Max Delivery Cargo 1Day Freight, Max Delivery Cargo Priority Overnight, Max Delivery Cargo Standard Overnight and Max Delivery Cargo International Priority Express. These services may be modified by Max Delivery Cargo from time to time. Upon request, customers can be informed about the areas that are served by Max Delivery Cargo. These Conditions do not apply to intra-India Shipments for which separate conditions of carriage apply. Please refer to maxdeliverycargo.com for the conditions of carriage applicable to domestic Shipments carried within India (Note: maxdeliverycargo.com URLs are subject to change). Shipments originating outside MEISA for MEISA or other international destinations are subject to local tariffs and the terms and conditions of the Max Delivery Cargo subsidiary, branch or the independent contractor that accepted the Shipment. Shipments returned using Max Delivery Cargo 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 maxdeliverycargo.com/global returns or contact Customer Service for details.
1.2 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.
1.3 These Conditions supersede all previous published terms and conditions of Max Delivery Cargo service to which these Conditions apply. Max Delivery Cargo reserves the right to unilaterally modify, amend, change or supplement these Conditions without notice. These Conditions are published in printed form and electronically at maxdeliverycargo.com. The electronic version at maxdeliverycargo.com is controlling. These Conditions supplement and detail the general terms and conditions on the back of the (Air) Waybill. In case of conflict between these Conditions and the terms and conditions on any Max Delivery Cargo (Air) Waybill, manifest, shipping label or other transit documentation, these Conditions control to the extent that they do not conflict with the mandatory rules relating to liability for international carriage provided by the Warsaw or Montreal Conventions and their respective subsequent Protocols, other applicable conventions or any applicable tariff; or, for Shipments carried from and between specified locations within one country, with the mandatory rules relating to liability for carriage provided by the laws of that country.
1.4 These Conditions (which term includes those agreements and conventions expressly referred to herein) represent the entire agreement between the parties and, subject to Section 1.3., shall prevail over, exclude and supersede any other terms or conditions, oral or written, wheresoever appearing or made and, in particular, any terms or conditions sought to be incorporated by the Sender or any other written or oral statements concerning these Conditions. The Sender confirms that it does not rely upon or claim any other terms, warranties, conditions or representations relating to the use of the services under this Agreement.
1.5 These Conditions shall not be overridden or varied or added to except by express agreement in writing between the Sender and a representative of Max Delivery Cargo having the express written authority to do so.
The Sender will be bound by the signature of any of its employees, servants and agents on the (Air) Waybill.
2. DEFINITIONS
“B2C Shipments” means Shipments pursuant to a commercial transaction between a business-Sender (acting for professional purposes) and an individual consumer-Recipient (acting outside of their professional purposes), and Shipments for which no details were completed in the ‘business name’ field of the (Air) Waybill.
“Business Delivery” means delivery made to a commercial or business premises, excluding homes, private residences and B2C Shipments.
"Conditions" shall mean these Conditions of Carriage which term shall also include those agreements, laws and conventions expressly referred to herein and as updated by Max Delivery Cargo from time to time.
“Max Delivery Cargo©" its subsidiaries and branches, their respective employees and agents and independent contractors. The contract of carriage is with the Max Delivery Cargo subsidiary, branch or independent contractor which accepts the Shipment from the Sender.
"Max Delivery Cargo 1Day Freight, Max Delivery Cargo Priority Overnight and Max Delivery Cargo Standard Overnight Shipments" means intra-country Shipments within selected countries in MEISA where both the Shipper and the Recipient are within the same country.
"The Sender" or "The Shipper" means the person (natural or legal) whose name is listed on the (Air) Waybill as the sender.
"The Recipient" or "The Consignee" means the person whose name is listed on the (Air) Waybill as the recipient
"Package" means any single parcel or piece that is accepted by Max Delivery Cargo, including any such items tendered by the Sender utilizing Max Delivery Cargo automated systems, meters, manifests or (Air) Waybills.
"Shipment" means one or more pieces, either Packages or freight, moving on a single (Air) Waybill.
"(Air) Waybill" means any shipping document, manifest, label, stamp, electronic entry or similar item used in the Max Delivery Cargo transportation system.
“Residential Delivery” means a delivery made to a home or private residence, including locations where a business is operated from the home, and/or a delivery in which the Sender has designated the delivery address as residential.
"Transportation Charges" means the fees, charges and amounts assessed or levied for movement of a Shipment by Max Delivery Cargo in accordance with these Conditions or any conditions or fees subsequently imposed, but not including other fees or charges which may be assessed, such as (but not limited to) declared value charges, special handling fees, customs duties and taxes and surcharges.
"Business Day" means any day on which businesses in the country or region of shipment or in the country or region of destination are open for business. Business days and holidays may vary by country or region of destination. Customers should contact Max Delivery Cargo for delivery commitments which may be affected.
"Charges" means Transportation Charges and any other charges or surcharges assessed for or levied in respect of transportation of a Shipment pursuant to these Conditions, including but not limited to Ancillary Charges, declared value charges, special handling fees and other surcharges detailed in these Conditions or any updated Conditions and, if and where applicable, customs duties and taxes and other costs reasonably incurred by Max Delivery Cargo relating to transport of a Shipment.
"Declared Value for Carriage" means that value, if any, indicated by the Sender on the (Air) Waybill, constituting the maximum amount Max Delivery Cargo liability in connection with the Shipment of the Package.
"Declared Value for Customs" means the selling price or replacement cost of the Shipment’s contents as required for customs clearance purposes.
"Delivery Commitment Time" means the published delivery commitment for the Max Delivery Cargo service or the delivery commitment quoted by Customer Service for that Shipment which takes into account the commodity being shipped, date of shipment, destination, weight of the Shipment and value of the Shipment.
"Max Delivery Cargo© Account Number" means the number issued by Max Delivery Cargo to a customer ensuring account activity is summarized by the Max Delivery Cargo system and the payer is billed appropriately.
“Intra-European Shipments” means Shipments between selected countries within Europe as defined by Max Delivery Cargo from time to time on maxdeliverycargo.com.
“Prohibited Items” means the items and types of Shipments set out in Section 8 (Prohibited Items) of these Conditions.
3. RATES
Rates applicable to the Shipment are as set out in the Max Delivery Cargo standard list rates on maxdeliverycargo.com, or as expressly agreed otherwise in the relevant Max Delivery Cargo transportation services agreement. Max Delivery Cargo 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 Max Delivery Cargo 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. Max Delivery Cargo 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. Max Delivery Cargo will only provide estimates of customs duties and taxes through the Estimate Duties and Taxes feature on Max Delivery Cargo Global Trade Manager at maxdeliverycargo.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. Max Delivery Cargo reserves the right to revise Charges set out in the Max Delivery Cargo standard list rates or elsewhere on maxdeliverycargo.com from time to time and without notice.
4. BILLING
4.1 Notwithstanding that Max Delivery Cargo reserves the right to require payment of any Charges in advance as provided for in accordance with the Conditions, Invoices for any unpaid Charges are payable without discount within 15 days of the invoice date. Invoices for duties and taxes are payable upon receipt. Max Delivery Cargo reserves the right to increase any amount unpaid at due date, as of right and without prior notice of remedy, by 15 % (or such amount as applied by Max Delivery Cargo per the local applicable payment terms and conditions) as liquidated damages for administrative costs, and a yearly interest of 6 % above the European Central Bank Rate (or such rate as applied by Max Delivery Cargo per the local applicable payment terms and conditions), to be calculated per commenced month or the maximum allowed interest rate under the applicable legislation, if lower.
4.2 "Bill Sender" or "Bill Shipper" means Charges will be billed to the Sender or Recipient "Receiver"
4.3 "Bill Recipient" or "Bill Consignee" means Charges will be billed to the Recipient. To bill Charges to the Recipient, the Recipient must have a valid Max Delivery Cargo Account Number and this number must be entered in the appropriate section of the (Air) Waybill. Bill Recipient Shipments are acceptable for carriage to specified locations only. If the Sender refuses to pay, the Charges will automatically be billed to the Receiver pay before delivery.
4.4 "Bill Third Party" means Charges will be billed to someone other than the Sender or Recipient. The third party's valid Max Delivery Cargo Account Number must be entered in the appropriate section of the (Air) Waybill. If not so entered, or if the third party does not make payment, the Transportation Charges will automatically be billed to the Recipient and duties and taxes, if any, to the Recipient.
4.5 For "Bill Sender", "Bill Recipient" or "Bill Third Party" transactions (see below), Packages will not be delivered unless a valid Max Delivery Cargo Account Number is entered on the (Air) Waybill. Max Delivery Cargo Account Numbers are non-transferable. Misuse, including unauthorized consolidation of Shipments owned by different parties, may result in a loss of all discounts and denial of service. The customer to whom a Max Delivery Cargo Account is issued is liable for all Charges to the account, including those resulting from unauthorized use. The account holder is responsible for the safekeeping of the account number. The Max Delivery Cargo Account Number should be disclosed only to persons authorized to ship on the account. Failure to keep the Max Delivery Cargo Account current, may result in the account being placed on a "cash only" status. Placement of an account on "cash only" status may result in Packages being delayed, rejected or returned until arrangements for payment are completed.
4.6 If applicable, duties and taxes may be assessed on the contents of Shipments. Max Delivery Cargo is not required to make advance payment of duties and taxes and may require the , Recipient as liable third party to pay Max Delivery Cargo prior to discharging any liability for duties and taxes. The Recipient will be charged for such duties and taxes unless the "Bill Sender Duties and Taxes" or "Bill Third Party Duties and Taxes" box is marked on the (Air) Waybill and a valid Max Delivery Cargo Account Number is indicated on the (Air) Waybill. Such options are available for specified locations only. Further details on the locations are available upon request.
4.7 REGARDLESS OF ANY PAYMENT INSTRUCTIONS OR PROVISIONS TO THE CONTRARY, THE RECIPIENT SHALL ALWAYS REMAIN ULTIMATELY LIABLE FOR THE CHARGES INCLUDING ANY DUTIES AND TAXES, IF ANY.
4.8 Charges requiring conversion from a currency other than the currency in which the Payer is billed, will be calculated daily using the median bid price obtained from OANDA, an Internet exchange-rate service. The median bid price is the average price at which buyers offer to buy currencies from sellers during the given period. These currency conversion rates can be accessed at oanda.com. The currencies of participating European Union countries will have statutory conversion rates to the EURO. There is an additional exchange fee of 1.75%for conversion from any non-U.S. currency to USD, 2.3% for USD to any currency and 2.0% between all non-U.S. currency conversions. There is no exchange fee between currencies related to the EURO. Charges in currencies other than the U.S. dollars that are not freely convertible will be converted to U.S. dollars and billed to Payer’s account, either at the free market rate or at the official rate at which Max Delivery Cargo was permitted to purchase U.S. dollars in the relevant currency, at our sole option. The rate corresponding to the ship date will be used for conversions to non-hyperinflationary currencies. However, we reserve the right to use the exchange rate at invoice date, as opposed to shipment date, in countries where the currency is volatile.
For Shipments initiated with the ‘Create Import Shipment’ feature on Max Delivery Cargo Ship Manager™ at maxdeliverycargo.com, notwithstanding any payment instructions that are given to Max Delivery Cargo, the party that initiates the import shipment transaction with Max Delivery Cargo is liable for, will be billed for, and agrees to pay, all charges and fees including any special handling fees and any duties or taxes for such Shipments.
4.9 Shipments initiated via the Create Import Shipment feature on maxdeliverycargo.com are governed by the terms and conditions applicable to the country from which the shipment originates. Those terms and conditions of service may vary from country to country. Consult our local office in the origin country for details.
4.10 Where permitted by law, Max Delivery Cargo may provide electronic invoices as standard, unless the payer expressly requests otherwise.
5. INVOICE ADJUSTMENTS / DIMENSIONAL WEIGHT
5.1 Max Delivery Cargo© may audit each (Air) Waybill to verify service selected and Package/Shipment weight. If the service selected or weight entered is incorrect, Max Delivery Cargo 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.
5.2 When (Air) Waybills are produced by the Sender through any automated shipping device, any omission or incorrect entry on the (Air) Waybill concerning the weight or number of Packages / content will result in a billing based on Max Delivery Cargo estimate of the number of Packages / Valuable Content transported and Max Delivery Cargo Conditions of Carriage either the dimensional weight at the time of billing or a standard default weight per Package estimate, as determined by Max Delivery Cargo and which will be available upon request.
5.3 Charges may be assessed based on valuable content, 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 Max Delivery Cargo from time to time on maxdeliverycargo.com. If the result exceeds the actual weight, additional Charges may be assessed based on the dimensional weight / Valuable content. The rates of such additional Charges are available upon request and may be amended, without notice, by Max Delivery Cargo.
6. REFUKL OR REJECTION OF SHIPMENTS
Max Delivery Cargo© reserves the right to refuse, hold, cancel, postpone or return any Shipment at any time if such Shipment would in the opinion of condition determined custom Policy held. Max Delivery Cargo be likely to cause delay to other Shipments, goods or persons, or the carriage of which is prohibited by law or is in violation of any of these Conditions, the entity responsible for payment is not in good credit standing. The fact that Max Delivery Cargo accepts a Shipment does not mean that such Shipment conforms to applicable laws and regulations or to the present Conditions.
7. RESTRICTIONS
7.1 Package size and weight restrictions vary by country or Max Delivery Cargo services. Details are available upon request.
7.2 There is no limit on the aggregate weight of a multiple piece Shipment provided each individual Package within the Shipment does not exceed the per Package weight limit specified for the destination. Shipments exceeding 225 kg require advance arrangement with Max Delivery Cargo. Details are available upon request.
7.3 Extra-large Packages are pieces weighing less than 68 kg (or destination country limit) that exceed 330 cm (or destination country limit) in length and girth combined. These pieces may be refused, or at Max Delivery Cargo’ sole discretion may be considered as Max Delivery Cargo International Priority Freight or Max Delivery Cargo International Economy Freight shipments if accepted by Max Delivery Cargo, and a minimum chargeable weight of 68 kg may be applied regardless of actual weight.
7.4 Max Delivery Cargo Envelope Shipments must be tendered in the appropriate Max Delivery Cargo packaging.
7.5 No more than one type of service may be indicated on a single (Air) Waybill and no more than one Max Delivery Cargo Envelope, 10kg Box or Max Delivery Cargo 25kg Box may be shipped on a single (Air) Waybill.
7.6 The Sender is allowed to ship up to ten different commodities on a single (Air) Waybill.
7.7 The Shipper is allowed to ship up to 9,998 Packages on a single (Air) Waybill.
8. PROHIBITED ITEMS
8.1 Max Delivery Cargo© prohibits the following items for shipment to any destination and Sender agrees not to ship the same, unless expressly agreed otherwise by Max Delivery Cargo (additional restrictions may apply depending on origin and destination):
a. Firearms, weaponry, ammunition and their parts;
b. 3-D printing machines designed, or that function exclusively, to manufacture firearms;
c. Explosives (class 1.4 explosives may be acceptable to and from some locations; further information available upon request), fireworks and other items of an incendiary or flammable nature;
d. Items resembling a bomb, hand grenade, or other explosive device. This includes but is not limited to inert products such as replicas, novelty items, training aids and works of art;
e. Military items originating from any country in which an export control license is required;
f. Human corpses, human organs or body parts, human or animal embryos, cremated or disinterred human remains;
g. Live animals, including insects and pets;
h. Animal carcasses, dead animals, or animals that have been mounted;
i. Plants and plant material, including cut flowers (cut flowers are acceptable to and from certain markets including the Netherlands to the US, and all of Latin America; further information available upon request);
j. Perishable foodstuffs, and foods and beverages requiring refrigeration or other environmental control;
k. Pornography and/or obscene material;
l. Money, including but not limited to cash and cash equivalents (e.g. negotiable instruments, endorsed stocks, bonds and cash letters), collectible coins and stamps;
m. Hazardous waste, including but not limited to, used hypodermic needles and/or syringes or other medical, organic and industrial waste);
n. Wet ice (frozen water);
o. Counterfeit goods, including, but not limited to, goods under a trademark that is identical to or substantially indistinguishable from a registered trademark, without the approval or oversight of the registered trademark owner (also commonly referred to as “fake goods” or “knock-offs”);
p. Marijuana, including marijuana intended for recreational or medicinal use, and marijuana-derived cannabidiol (CBD), any product with a delta-9-tetrahydrocannabinol (THC) concentration of more than 0.3 percent on a dry weight basis, and synthetic cannabinoids
q. Raw or unrefined hemp plants, or their subparts (including, but not limited to, hemp stalks, hemp leaves, hemp flowers and hemp seeds).
r. Tobacco and tobacco products, including but not limited to cigarettes, cigars, loose tobacco, smokeless tobacco, hookah or shisha; and
s. Electronic cigarettes and their component parts, any other similar device that relies on vaporization or aerosolization, and any non-combustible liquid or gel, regardless of the presence of nicotine, that can be used with any such device.
8.2 Max Delivery Cargo prohibits the following types of Shipments to any destinations and Sender agrees not to ship the same (additional restrictions may apply depending on origin and destination):
a. Shipments or commodities, the carriage, importation or exportation of which is prohibited by any law, statute or regulation;
b. Shipments that require Max Delivery Cargo to obtain any special license or permit for transportation, importation or exportation;
c. Undeclared, exciseable shipments or commodities that require regulatory approval and clearance;
d. Shipments with a declared value for customs in excess of that permitted for a specific destination;
e. Dangerous goods, except as permitted under the Dangerous Goods section of these terms and conditions; and
f. Packages that are wet, leaking or emit an odour of any kind.
8.3 Max Delivery Cargo excludes all liability for Prohibited Items howsoever accepted (including acceptance by mistake or under notice). Max Delivery Cargo reserves the right to reject Packages based upon these limitations or for reasons of security or safety. Max Delivery Cargo shall be entitled to charge an administrative fee for Packages rejected and for the costs of returning goods, where applicable, to the Sender / Receiver. Further information is available upon request.
8.4 The Money Back Guarantee (see Section 18) is not applicable to Prohibited Items.
9. EXPORT CONTROLS
9.1 Max Delivery Cargo© does not transport Shipments that violate export controls laws. Receiver is responsible for, and warrants, compliance with all applicable laws, rules and regulations, including, but not limited to, the U.S. Export Administration Regulations, the U.S. International Traffic in Arms Regulations, the U.S. Foreign Assets Control Regulations and applicable export laws and government regulations of any country related to the transportation of the Shipment. Receiver agrees and warrants that they will comply with all applicable U.S. government sanctions prohibiting the export or re-export of goods, services or technology to countries and regions listed by the U.S. government unilaterally or in coordination with other countries’ sanctions In addition, Max Delivery Cargo does not transport, and Reciever agrees to not tender for shipment, commodities whose trade is restricted or prohibited by economic sanctions and embargoes laws. For a current list of Max Delivery Cargo countries and territories not served go to maxdeliverycargo.com.
9.2 In addition, Max Delivery Cargo does not transport and Sender / Recipient warrants that they will not tender any Shipments to Max Delivery Cargo if Receiver or any of the parties involved in the Shipment are listed on the Denied Persons List maintained by the U.S. Department of Commerce or any of the export controls or sanctions lists published and maintained by: the U.S. Department of Treasury, Office of Foreign Assets Control; the U.S. Department of Commerce Department, Bureau of Industry and Security; the U.S. Department of State, Directorate of Defense Trade Controls; the United Nations Sanctions Committees; the European Union Council; and any other relevant authority. Sender also agrees and warrants that they will not attempt to ship to any entity owned by any party, in the common ownership interest determined by the relevant listing authority, subject to economic sanctions.
9.3 Sender / Receiver shall identify any Shipments requiring any export control licenses, permits, or subject to other pre-export regulatory controls and provide Max Delivery Cargo with information and all necessary documentation to comply with the applicable laws and regulations. Receiver is responsible at their own expense for determining applicable export licensing or permitting requirements for a Shipment, obtaining any required licenses and permits, and ensuring that the Recipient is authorized as required by the applicable laws and regulations of the origin country, destination country, and any country(s) asserting jurisdiction over the goods. Further, Sender is responsible for ensuring that the end-use or end-user of the items shipped does not violate any specific control policies restricting certain types of exports, re-exports and transfers of specifically enumerated items subject to the U.S. Export Administration Regulations.
9.4 Max Delivery Cargo assumes no liability to any other person for any loss or expense — including, but not limited to, fines and penalties — if Receiver fails to comply with any export laws, rules or regulations, or caused by actions undertaken by Max Delivery Cargo© to comply with applicable laws and regulations. Receiver also agrees to indemnify Max Delivery Cargo for any loss or expense – including, but not limited to, fines and penalties – for Receiver failure to comply with any export laws, rules or regulations, or caused by actions undertaken by Max Delivery Cargo to comply with applicable laws and regulations.
10. DANGEROUS GOODS
10.1 Not all Max Delivery Cargo© locations accept dangerous goods, certain Max Delivery Cargo locations do not accept specific classes of dangerous goods and dangerous goods are not accepted to ship via all Max Delivery Cargo services. Shipments falling under the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) need special transport arrangements and the Receiver must contact Max Delivery Cargo for shipping confirmation/arrangements prior to shipping. Max Delivery Cargo reserves the right to refuse dangerous goods at any location where they cannot be accepted in accordance with applicable law.
10.2 All Packages containing dangerous goods must comply with the International Civil Aviation Organization (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air, the International Air Transport Association (IATA) Dangerous Goods Regulations, all Max Delivery Cargo Express variations listed in the current edition of the IATA tariff or other applicable regulations. The Sender / Receiver will be solely responsible for any damage caused by his non-compliance with any applicable IATA or other regulations. The Sender must provide and shall be liable for the fully effective packaging of all dangerous goods, in compliance with all requirements with regard to classifications, packaging, marking and labelling, documentation, and with any other applicable laws, regulations or rules. The Receiver is also responsible for ensuring the Recipient complies with all applicable laws, regulations and rules. Dangerous goods can only be shipped internationally using the Max Delivery Cargo Expanded Service International (Air) Waybill when using a paper (Air) Waybill (see also Section 15.5: ROUTING AND DELIVERY).
10.3 The Sender / Receiver must comply with all applicable laws, regulations or rules governing packing, marking and labelling of Shipments of blood and blood products, regardless of whether they are infectious.
10.4 Max Delivery Cargo packaging may not be used to ship dangerous goods (except for Biological Substance, Category B [UN 3373], which may be shipped in the Max Delivery Cargo UN 3373 Pak) (see also Sections 11.3 and 11.4: PACKAGING AND MARKING).
10.5 Lithium batteries (UN 3090) that are Primary Non-Rechargeable require pre-approval to ship. For details, go to maxdeliverycargo.com and enter keyword "lithium batteries."
10.6 Each Shipment must be accompanied by the IATA Shipper's Declaration for Dangerous Goods form when required.
10.7 Note: Max Delivery Cargo may be required by law to report improperly declared or undeclared Shipments of dangerous goods to the appropriate local competent authority. The Receiver may be subject to fines and penalties under applicable law. The dangerous goods regulations require every Sender to have job-specific dangerous goods training prior to tendering a dangerous goods Shipment to Max Delivery Cargo or another air carrier. When individuals tender a Shipment containing dangerous goods it must be properly classified, packaged, marked, labeled and identified as dangerous goods, and include the correct dangerous goods documentation.
10.8 Max Delivery Cargo is required to maintain proper segregation of incompatible dangerous goods on all vehicles and aircraft. This necessity may cause the Shipment to move on the next available truck route or flight on which proper segregation can be maintained.
10.9 Money Back Guarantee (see Section 18) is not applicable to Shipments of dangerous goods.
11. INSPECTION OF SHIPMENTS
11.1 Max Delivery Cargo© may, at its sole discretion, or upon the request of the competent authorities, open and inspect any Shipment without notice at any time, and shall incur no liability of any kind therefore.
11.2 In accordance with applicable regulations Max Delivery Cargo is required to undertake (random) X-ray screening. Max Delivery Cargo may undertake such screening and the Sender and Recipient hereby waive any possible claims for damages or delays (including but not limited to the Money Back Guarantee) as a result of screening.
12. CUSTOMS CLEARANCE
12.1 Shipments that cross national borders may be cleared through customs. The Sender 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.
12.2 The Receiver is responsible at its own expense for making sure goods shipped internationally are acceptable for entry into the destination country under the applicable laws and complying with all licensing or permitting requirements when applicable.
12.3 The Receiver may also be required to provide additional information to obtain clearance from other regulatory agencies in the destination country prior to delivery to the Recipient (beneficiary). Shipments that contain goods or products that are regulated by multiple government agencies within other destination countries (such as the national agencies responsible for food safety, public health protection, pharmaceuticals, medical products, plant and animal, wild life products, telecommunication and other electronic equipment standards, and comparable agencies) may require additional time for clearance. All charges for Receiver to and return from countries where entry is not permitted will be charged to the Recipient.
12.4 When Shipments are held by customs or other agencies due to incorrect or missing documentation, Max Delivery Cargo may attempt to notify the Recipient. If local law requires the correct information or documentation to be submitted by the Recipient and the Recipient fails to do so within a reasonable time as Max Delivery Cargo may determine, the Shipment may be considered undeliverable subject to applicable laws (see Section 17: Undeliverable Shipments). If the Recipient fails to supply the required information or documentation and local law allows the Receiver to provide the same, Max Delivery Cargo may attempt to notify the Recipient. If the Sender also fails to provide the information or documentation within a reasonable time as Max Delivery Cargo may determine, the Shipment will be considered undeliverable subject to applicable laws. Max Delivery Cargo assumes no responsibility for its inability to complete a delivery due to incorrect or missing documentation, whether or not Max Delivery Cargo attempts to notify the Recipient or Sender.
12.5 Where permissible by local law or unless instructed otherwise (e.g. via “Max Delivery Cargo International Broker Select”, described below), Max Delivery Cargo will provide customs clearance of international Shipments. Max Delivery Cargo will submit the Shipment information to customs and other regulatory agencies for clearance. Max Delivery Cargo may charge an ancillary clearance service fee, where applicable, on international Shipments for clearance processing, for services requested by the Recipient or third party, or to recover the costs passed to Max Delivery Cargo by the regulatory agency for regulatory filing. The types and amounts of fees vary by country. (See maxdeliverycargo.com/service for a list of ancillary clearance service fees in your destination country.)
12.6 Max Delivery Cargo will act as agent for Sender or Recipient (as applicable) solely for the purpose of clearing and entering the Shipment through customs. When applicable and appropriate, Sender shall authorize Max Delivery Cargo, or the broker designated by Max Delivery Cargo, to make and file customs declarations and all related actions as a direct representative, in the name of and on behalf of and at the risk of the Sender or Recipient. Sender shall ensure Recipient authorizes Max Delivery Cargo in accordance with this provision, when applicable.
12.7 Max Delivery Cargo will not advance or bill any duties and taxes if the Broker Select Option has been selected at the time of booking. Commodity acceptability and restrictions when using Max Delivery Cargo International Broker Select vary by country.
12.8 In some instances, at the discretion of Max Delivery Cargo, Max Delivery Cargo may accept instructions to use a designated customs broker other than Max Delivery Cargo (or the broker selected by Max Delivery Cargo) or the broker designated by the Sender. In any event, Max Delivery Cargo (or the broker selected by Max Delivery Cargo) reserves the right to clear the Shipment if the broker cannot be determined or will not perform clearance, or if complete broker information is not provided to Max Delivery Cargo (including name, address, phone number and postal code).
12.9 For Shipments that must be cleared through customs by the Recipient, Max Delivery Cargo will deliver the customs paperwork to the Recipient, and delivery of paperwork constitutes timely delivery.