Terms & Conditions
UGAMES
STORE ELECTRONIC TRADING
TERMS
& CONDITIONS OF CARRIAGE AND OTHER SERVICES
1. DEFINITIONS
UGAMES STORE ELECTRONIC TRADING may perform any of the following
activities on Shipper’s behalf in order to provide its services to Shipper, including
complete any documents, amend product or service codes, an pay any duties and
taxes under laws, act as the Shipper’s forwarding agent for customs and export
controls, and redirect the shipment to receivers import broker. ‘We’ ‘Us’ and ‘UGAMES
STORE ELECTRONIC TRADING’ means UGAMES STORE ELECTRONIC TRADING and its
employees, agents and independent contractors;
‘You’ and ‘Your’ ‘Carriage’
means the sender or consignor; ‘Carriage’ means and includes the whole of the
operations and services undertaken by us in connection with the transportation
of the shipment;
‘Other Services’ means all services not being services for the carriage of
shipments that are performed by us, including, but not limited to, storage,
sorting, kitting, merging, packing, installation, value added- and
transportation management services;
‘Shipment’ means goods or documents of whatever nature (whether in bulk or in
one or more packages) which we have accepted for carriage from one address to
another or regarding which we have accepted to perform other services, whether
under our consignment note or not; ‘Prohibited Items’ means any goods or
materials the carriage of which any law, rule or regulation of any country in
prohibits or over which the shipment travels.
2. OUR CONTRACTING AGREEEMENT
Shipper
agrees that its shipment is acceptable for transportation and is deemed
unacceptable if it is a prohibited or restricted item or packaging is defective
or inadequate. Your contract of carriage and of other services is with the UGAMES
STORE ELECTRONIC TRADING company or the subsidiary or affiliate of UGAMES STORE
ELECTRONIC TRADING that accepts from you the shipment for carriage or, as the
case may be, the performance of other services. You agree that we may
subcontract the whole or any part of the contract of carriage or of other
services on any terms and conditions we decide.
3. YOUR ACCEPTANCE OF OUR TERMS AND CONDITIONS
UGAMES
STORE ELECTRONIC TRADING has the right to open and inspect a shipment without
notice. By giving us your shipment you accept our terms and conditions set out
in the consignment note and/or the contract of carriage and/or the contract for
the performance of other services on behalf of yourself and/or anyone else who
has an interest in the shipment or the performance of other services
irrespective of whether you have signed the front of our consignment note or
not. Our terms and conditions also cover and can be invoked by anyone we use or
sub-contract to collect, transport, deliver your shipment or perform other services
as well as our employees, directors and agents. Only our authorized directors
may agree to a variation of these terms and conditions in writing. When you
give us the shipment with oral or written instructions that conflict with our
terms and conditions we shall not be bound by such instructions.
4. SCOPE OF THE CONDITIONS
4.1. Even if the carriage of the shipment forms part of another
type of contract between you and us, these terms and conditions apply to the
contract agreed between you and us in respect of any carriage of goods pursuant
to the contract.
4.2. By concluding any type of contract with us that involves the carriage of
goods you agree that the contract is a contract of carriage of goods by air or
road as deemed necessary by UGAMES STORE ELECTRONIC TRADING.
5. MATERIALS DANGEROUS AND RESTRICTED FOR TRANSPORT
5.1. Except in the circumstances shown in Clauses 5.2 & 5.3,
we do not carry, nor perform other services regarding, goods which are, or are
in our sole opinion, dangerous goods including, but not limited to, those
specified in the International Civil Aviation Organization (ICAO) Technical
Instructions, the International Air Transport Association (IATA) Dangerous
Goods Regulations, the International Maritime Dangerous Goods (IMDG) code, the
European Agreement Concerning the International Carriage of Dangerous Goods by
Road (ADR) regulations or any other national or international rules applicable
to the transport of, or the performance of other services regarding, dangerous
goods.
5.2. We may at our discretion accept some dangerous goods for carriage, or for
the performance of other services, in some countries if you have been accorded
the status of an approved customer and this must be given by us in writing
before your shipment can be accepted. Your dangerous goods will only be
accepted if they comply with the applicable regulations (as referred to in
Clause 5.1) and our requirements. Details of our requirements together with the
procedure for applying for approved customer status are available from our
nearest office and a dangerous goods surcharge will be invoiced to you upon
acceptance of your shipment.
5.3. Certain dangerous goods are exempt from the above approved customer
requirements. Details can be obtained from our nearest UGAMES STORE ELECTRONIC
TRADING office.
5.4. You must ensure and you certify by completing our consignment note or
tendering a shipment to us that your shipment does not contain a prohibited
article as specified in ICAO Annex 17 or other national or international
regulations that govern aviation security. You must give us a full description
of the contents of the shipment on the consignment note, or other accompanying
document, and your responsibilities and liabilities are not extinguished by
providing this information.
5.5. Shipments carried, or handled, by us may be subject to security screening
which could include the use of x-ray, explosive trace detection and other
security screening methods and you accept that your shipment may be opened and
the contents of your shipment may be examined in transit.
5.6. You declare that you have prepared the shipment for carriage, or for the
performance by us of other services, in secure premises using reliable staff
employed by you and that the shipment has been safeguarded against unauthorized
interference during preparation, storage and transportation immediately prior
to acceptance for carriage of the shipment by us or for the performance by us
of other services.
5.7. We do not accept shipments that contain prohibited items.
5.8. We may be required to share information, including your personal data for
your shipment with the shipment destination country authorities or transit
country authorities for customs and / or security reasons.
6. EXPORT CONTROLS AND CONSEQUENTIAL DAMAGES
UGAMES STORE ELECTRONIC TRADING will make every reasonable effort
to deliver the Shipment according to regular delivery schedule.
6.1. You assume responsibility for and guarantee compliance with all applicable
export controls laws, including but not limited to regulations and rules that
prohibit unauthorized trade in military and other strategic goods and services
with, as well as financial or commercial dealings with named individuals and
entities in countries to, from, through or over which your shipment may be
carried, or regulations and rules that impose conditions under which certain
technologies, information, and commodities can be transported to, from, through
or over any country which your shipment may be carried.
6.2. You also guarantee that you will not tender any shipment to us if you or
any of the parties involved in the shipment are listed on any of the United
Nations sanctions programs, regional and national programs implementing and/or
supplementing those, as well as parties listed on autonomous measures
regulations.
6.3. You agree to identify shipments subject to pre-export regulatory controls,
and provide us with information and all necessary documentation to comply with
applicable regulations.
6.4. You are responsible at your expense for determining export and import
licensing or permitting requirements for a shipment, obtaining any required
licenses and permits, and ensuring that the consignee is authorized by the laws
of the origin, destination countries and any country(s) asserting jurisdiction
over the goods.
6.5. We assume no liability to you or to any other person for your acts of
non-compliance with export control laws, sanctions, restrictive measures and
embargoes.
7. INSPECTION
7.1. You
agree that we or any governmental authority including customs and security may
open and inspect your shipment at any time.
8. ROUTING
Weekend
days, public holidays, bank holidays, delays caused by customs, delays
attributable to compliance with mandatory local security requirements or other
events beyond our control are not included when we quote door to door delivery
times in our published literature. The route and the method by which we
transport your shipment shall be at our sole discretion.
9. CUSTOMS, EXPORTS & IMPORTS
9.1. You appoint us as your agent solely for the purpose of
clearing and entering the shipment through customs. If we subcontract this
work, you certify that we are the consignee for the purpose of designating a
customs broker to perform customs clearances and entries. If any customs
authority requires additional documentation for the purpose of confirming the
import/export declaration or our customs clearance status it is your
responsibility to provide the required documentation at your expense.
9.2. You certify that all statements and information you provide relating to
the exportation and importation of the shipment will be true and correct. You
acknowledge that in the event that you make untrue or fraudulent statements
about the shipment or any of its contents you risk a civil claim and/or
criminal prosecution the penalties for which include forfeiture and sale of
your shipment. To the extent that we may voluntarily assist you in completing
the required customs and other formalities such assistance will be rendered at
your sole risk. You agree to indemnify us and hold us harmless from any claims
that may be brought against us arising from the information you provide to us
and any costs we will incur regarding this, and pay any administration fee we
may charge you for providing the services described in this condition.
9.3. Any customs duties, taxes (including but not limited to VAT if
applicable), penalties, storage charges or other expenses we incur as a result
of the actions of customs or other governmental authorities or your failure
and/or the receiver’s failure to provide proper documentation and/or to obtain
the required license or permit will be charged to you or the receiver of the
shipment. In the event that we decide to charge the receiver and the receiver
refuses to pay the incurred charges you agree to pay them to us together with
our fee for the administration involved as well as any extra costs we will
incur. Upon our first request you will provide a proper guarantee for any of
the duties, taxes, penalties, storage charges or any other expenses set out in
this condition.
9.4. We will endeavor to expedite all customs clearance formalities for your
shipment but are not liable for any delays, losses or damage caused by
interference from customs officers or other governmental authorities.
10. UNACCEPTABLE SHIPMENTS
10.1. If we are unable to deliver a shipment because of an
incorrect address we will make all reasonable e orts to find the correct
address. We will notify you of the correction and deliver or attempt to deliver
the shipment to the correct address although additional charges may apply.
10.2. Deliveries to post office box numbers are not accepted except in a
limited number of countries (the list of which is available from the subsidiary
or a affiliate or branch of UGAMES STORE ELECTRONIC TRADING that accepts your
shipment for carriage) and further provided that the telephone number of the
consignee is provided. In the event we are unable to deliver the shipment at
the first attempt then you agree that we may post the shipment to the consignee
and proof of posting is sufficient proof of delivery.
11. DELIVERIES AND UNDELIVERABLES
11.1. Where we are unable to complete the delivery of a shipment
for whatever reason we will try to leave a notice at the receiver’s address
stating that delivery has been attempted and the whereabouts of the shipment.
If we have not made delivery after a second attempt, or the receiver refuses to
accept delivery, we will try to contact you and agree the appropriate next action.
You agree to pay us any costs we incur in forwarding, disposing of or returning
the shipment and our charges (if any) for making a third or more delivery
attempt and for the agreed appropriate next action. If we do not receive your
or receiver’s instructions within a reasonable period after our second attempt
to deliver the shipment, then you agree that we may destroy or sell the content
of the shipment without any further liability to you. Special Delivery
Instructions
11.2. You or the receiver of a shipment may give special instructions to us (by
means of a UGAMES STORE ELECTRONIC TRADING website or any other medium) to
deliver the shipment to another location/person (being for example a neighbor
and/or neighboring address) or the receiver may indicate its wish to collect
the shipment from a location approved by us. Where you request and we agree to
enable this special delivery instructions service, the following provisions
shall apply:
11.2.1. Our furnishing of any delivery receipt upon which is listed the
alternative person and/or delivery location shall constitute proof of delivery
of the shipment;
11.2.2. We shall not be liable for any loss or damage in any way as a result of
our performance of your special delivery instructions;
11.2.3. You shall indemnify us and hold us harmless from and against all
claims, costs, liability and expenses (including reasonable lawyers fees and
expenses) arising by reason of loss or damage to any shipments as a result of
providing this special delivery instructions service. We also reserve the right
to charge you an administration fee for providing this special delivery
instructions service.
12. YOUR OBLIGATIONS
You warrant, represent and guarantee to us that:
12.1. The contents of the shipment (including but not limited to weight and
number of items) have been properly described on our consignment note, have
been correctly labeled and the label or labels have been securely fixed by you
in a prominent position on the outer surface of the shipment that can be
clearly seen by us;
12.2. The consignee’s contact details have been fully, accurately and legibly
entered on our consignment note and on an address label securely fixed by you
to a prominent position on the outer surface of the shipment that can be
clearly seen by us;
12.3. The contents of the shipment have been prepared and packed safely and
carefully by you to protect against the ordinary risks of transport, or the
performance by us of other services, including any associated sortation and/or
handling process;
12.4. You have declared the correct weight of the shipment and you will provide
any special equipment we may need to load or unload the shipment on or o our
vehicles;
12.5. You have securely fixed a heavy weight label in a prominent position on
the outer surface of the shipment that can clearly be seen by us for any item
weighing 30 kilos or more;
12.6. The contents of the shipment are not restricted by IATA, ICAO, IMDG or
ADR and are not prohibited items, and neither you nor the consignee is a person
or organization with whom we or you may not legally trade under any applicable
laws or regulations;
12.7. When you have asked us to charge the receiver or a third party and the
receiver or third party does not pay us you will promptly settle our invoice
together with an administration fee in full within 7 days of us sending you the
invoice;
12.8. All applicable laws and regulations have been complied with;
12.9. You have included in the shipment the correct commercial invoice related
to the shipment (mentioning correct “bill to” address with applicable VAT
number, correct and clear description of the commodity, and the first 6 digits
of the Harmonized System (“HS”) code;
12.10. That you have taken all reasonable precautions to comply with all
conventions, directives and legislation relating to the protection of personal
data including if practicable encryption of the personal data to ensure the
safety of the personal data in the event of loss or miss-delivery of a
shipment;
12.11. The value of any shipment does not exceed 2,500 Dhs. You agree to
indemnify us and hold us harmless from any liabilities we may suffer or any
costs, damages or expenses, including legal costs, we incur either to you or to
anyone else arising out of you being in breach of any of these warranties,
representations and guarantees, even if we inadvertently accept a shipment that
contravenes any of your obligations.
13. OUR LIABILITY EXTENT
Claims are limited to one claim per shipment settlement, liability
for Transportation Services are;
13.1. Subject to Clause 14 below, we limit our liability for any loss, damage
or delay of your shipment or any part of it arising from carriage as follows:
13.1.1. If the carriage of your shipment is solely or partly by air and
involves an ultimate destination or a stop in a country other than the country
of departure the Warsaw Convention (1929), or the Warsaw Convention as amended
by the Hague Protocol (1955) and/or Montreal Protocol No. 4 (1975), or the
Montreal Convention (1999), whichever is compulsorily applicable, will apply.
These international treaties govern and limit our liability for loss, damage or
delay to your shipment to 19 special drawing rights per kilo.
13.1.2.1 If we carry your shipment by road within, to or from a country that is
a party to the convention on the contract for the international carriage of
goods by road 1956 (CMR) our liability for loss or damage to your shipment
shall be governed by the CMR and thus limited to 8.33 special drawing rights
per kilo . In the case of delay where you can show to us you have suffered loss
our liability is limited to refunding to you the charge you paid us for
carriage in respect of that shipment or the part which was delayed.
13.1.2.2. If we carry your shipment by road within a country that is not party
to the CMR or between two countries neither of which is a party to the CMR, our
liability for loss, damage or delay to your shipment shall be deemed to be
governed by the CMR and thus limited to 8.33 special drawing rights per kilo
subject to a maximum limit of 100 Dirhams per shipment. In the case of delay
where you can show to us you have suffered loss our liability is limited to
refunding to you the charge you paid us for carriage in respect of that
shipment or the part which was delayed.
13.1.2.3. If none of Clauses 13.1.1 – 13.1.3 above apply and we have a
liability to you for whatever reason for transportation services performed by
us, including without limitation breach of contract, negligence, willful act or
default, our liability to you for loss, damage, miss-delivery or non-delivery
of your shipment or the part affected is at all times limited to the lower of
the market value of the shipment at the time of carriage or the cost of
repairing the shipment or the part affected with in each case an upper limit
that does not exceed 17 Dirhams per kilo limited to a maximum of 100 Dirhams
per shipment. In the case of delay where you can show to us you have suffered
loss our liability is limited to refunding to you the charge you paid us for
carriage in respect of that shipment or the part which was delayed. Liability
for Other Services
13.2. Subject to Clause 14 below, if we have a liability relating to other
services for whatever reason, including without limitation breach of contract,
negligence, willful act or default, our liability to you is at all times
limited to 100 Dirhams per event or series of events with one and the same
cause of damage or, in case of the loss of or damage to a shipment, to the
lower of the market value of the shipment or the cost of repairing the shipment
or the part affected with in every case an upper limit that does not exceed
3.40 Dirhams per kilo with a maximum of 100 Dirhams per event or series of
connected events.
14. EXCLUSIONS OF LIABILITY
14.1. We
will not be liable for any loss of income, loss of profits, loss of markets,
loss of reputation, loss of customers, loss of use, loss of an opportunity even
if we had knowledge that such damages or loss might arise or for any indirect,
incidental, special or consequential damages or loss howsoever arising
including without limitation breach of contract, negligence, willful act or
default.
14.2. We
are not liable if we do not fulfill any obligations towards you at all as a
result of:
14.2.1.
Circumstances beyond our control such as (but not limited to):• acts of god
including earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or
frost;
• Force
majeure including (but not limited to) war, accidents, acts of public enemies,
strikes, embargoes, perils of the air, local disputes or civil commotions;
•
National or local disruptions in air or ground transportation networks and
mechanical problems to modes of transport or machinery;
• Latent
defects or inherent vice in the contents of the shipment;
•
Criminal acts of third parties such as theft and arson.
14.2.2.
Your acts or omissions or those of third parties such as:
• you
being in breach of (or any other party claiming an interest in the shipment
causing you to breach) your obligations under these terms and conditions and in
particular those warranties set out in Clause 12;
• An act
or omission of any customs, security, airline, airport or government official.
14.2.3.
The contents of the shipment consisting of any article that is a prohibited
item even though we may have accepted the shipment by mistake.
14.2.4.
Our refusal to make any illegal payments on your behalf.
14.3. We
are not a common carrier and do not accept any liabilities of a common carrier.
15. TIME GUARANTEED PRODUCTS
If we
fail to deliver time guaranteed products (that we may offer and that you order)
within the time specified and if our failure was not caused by any events set
out in Clause 14.2 and if you notify us of your claim in compliance with Clause
19, we will charge you for the actual delivery service provided (e.g. before
noon) rather than charging the price we quoted for the service you asked for
(e.g. before 9 am), within the same product category as the service you
ordered.
16. VALUABLE GOODS
Valuable
goods such as precious stones, precious metals, jewelry, money, negotiable
instruments, unprotected furniture, glass or china, objects of art, antiques
and important documents that include passports, tenders, share and option
certificates should not be sent through our network delivery system because it
involves the use of mechanical handling and automated sortation equipment
together with multiple transshipments on and of vehicles which could result in
loss and/or damage. If you nevertheless send, or cause us to send, such goods
through our network delivery system it shall be at your own risk.
17. ENHANCED LIABILITY
17.1. We
will charge you a fee as indicated in our tariff to extend the limits laid down
in Clause 13, unless specifically opted out by you. Compensation for proved
loss or damage to your shipment may be claimed up to the total amount of the
above declared value or 250 Dirhams whichever is lower. Enhanced Liability is
not available for precious stones, precious metals, laptop computers, plasma
and LCD screens, jewelry, money, glass, china, objects of art, antiques,
documents (other than the reconstitution cost as provided for in Clause 17.2
below) or any films, tapes, discs, memory cards or any such other data or image
carrying goods. If you do send such goods we recommend that you arrange insurance
yourself.
17.2. You
may opt for Enhanced Liability for the reconstruction, reproducing, reissuing
or re-printing cost (including the costs of the materials (e.g. paper) plus
reasonable labor costs) of your document shipment by completing the relevant
box on the consignment note and paying the indicated charge. Compensation for
proved loss or damage to your document shipment might be claimed up to a
maximum 500 Dirhams per shipment. This Enhanced Liability option is only
available for documents which are listed on the website of the subsidiary or
affiliate or branch of UGAMES STORE ELECTRONIC TRADING that accepts your
shipment for carriage.
17.3. The Enhanced Liability options provided by this Clause 17
(i) do not provide compensation for losses of a consequential nature (see
Clause
13.1 above) or delays in carriage or where the loss has arisen as
a result of your breach of your obligations under these terms and conditions,
(ii) are not available for non-carriage services and
(iii) are not available for a limited number of countries. For a list of these
countries, and/or to obtain further details on the conditions of Enhanced
Liability, please contact our customer s
ervice center or visit the website of the subsidiary or affiliate or branch of UGAMES
STORE ELECTRONIC TRADING that accepts your shipment for carriage.
18. CLAIMS BROUGHT BY THIRD PARTIES
You
undertake to us that you shall not permit any other person who has an interest
in the shipment to bring a claim or action against us even though we may have
been negligent or in default and if a claim or action is made you will
indemnify us against the consequences of the claim or action and the costs and
expenses we incur in defending it.
19. TIME LIMIT FOR CLAIMS
If you
wish to claim for a lost, damaged or delayed shipment, or for any other
damages, you must comply with any applicable convention and with the following
procedure otherwise we reserve the right to reject your claim:
19.1. You
must notify us in writing about the loss, damage or delay within 7 days (i)
after delivery of the shipment, (ii) from the date the shipment should have
been delivered or (iii) from the date you reasonably should have become aware
of the loss, damage or delay in the event the claim relates to other services.
19.2. you
must document your claim by sending us all relevant information about the
shipment and/or the loss, damage or delay suffered within 21 days of notifying
us of your claim.
19.3. We
are not obliged to act on any claim until our charges have been paid nor are
you entitled to deduct the amount of your claim from our charges;
19.4. We
will assume the shipment was delivered in good condition unless the receiver
has noted any damage on our delivery record when he or she accepted the
shipment. In order for us to consider a claim for damage, the contents of your
shipment and the original packaging must be made available to us for
inspection;
19.5.
save as otherwise provided by any applicable convention and or law, your right
to claim damages against us shall be extinguished unless an action is brought
in a court of law within 1 year from the date of delivery of the shipment or
from the date on which the shipment should have been delivered or from the date
on which the carriage ended or if the claim relates to other services within 1
year from the date you ought reasonably to have become aware of the loss,
damage or delay;
19.6. in
case of acceptance by us of part or all of your claim, you warrant to us that
your insurers or any other third party having an interest in the shipment shall
have waived any rights, remedies or relief to which they might become entitled
by subrogation or otherwise;
19.7. the
shipment shall not be deemed to be lost until at least 30 days have elapsed
since the date you notified us of the non delivery. We may agree with you in
writing to shorten this period.
20. SHIPMENT CHARGES
UGAMES
STORE ELECTRONIC TRADING charges are calculated according to higher of actual
or volumetric weight and any shipment may be re-weighted and re-measured by us
to confirm this calculation.
20.1. You
agree to pay our charges (including applicable surcharges) as per our
calculations for the carriage of the shipment between the locations specified
on the consignment note/contract of carriage, or for the performance by us of
other services, and any value added taxes within 7 days from the date of our
invoice without withholding, deduction, counterclaim or set off.
20.2. You
waive all your rights to challenge our calculations and invoices, if you do not
contest our invoice in writing within 7 days from the date of the invoice./
20.3. Our
charges are calculated in accordance with the rates applicable to your shipment
as set out in our current rate card or in the relevant contract. Our current
rate card is available on request from any of our offices in the country from
which the shipment is invoiced.
20.4. We
charge for either the actual weight of the shipment or the volumetric weight of
the shipment whichever is the higher and the volumetric weight is calculated in
accordance with the volumetric conversion equation set out in our rate card. We
may check the weight and/or volume of and/or the number of items within your
shipment and if we find that there is a discrepancy between your declared
weight and/or volume and/or number of items you agree that the weight and/or
volume and/or the number of items that we determine may be used for the purpose
of our calculation.
20.5. As
a matter of course all import duties, value added taxes on goods and all other
charges levied on the shipment in the destination country shall be payable to
us by the receiver upon delivery of the shipment and if the receiver refuses to
pay you agree to pay us these amounts in full within 7 days of us notifying you
that the receiver has not paid.
20.6. You
agree that we may charge penalty on all invoices not paid within 7 days from
the invoice date at the rate of 6% on all amounts due towards the relevant
invoice. The exercise of such right by UGAMES STORE ELECTRONIC TRADING shall
however be without prejudice to its other rights or remedies under applicable
law.
20.7. The
door to door delivery rates shown on our current rate card include provision
for simple customs clearance formalities and we reserve the right to charge an
extra administration fee where time-consuming excessive customs clearance work
is needed to enable us to deliver your shipment to the receiver. Additional
charges may therefore be applied in some countries for complex customs
clearance activities and these include but are not limited to shipments that
require:
20.7.1.
Formal customs entries involving more than three different commodities;
20.7.2.
Customs bonds or the need to deliver goods under a customs bond;
20.7.3.
Temporary import facilities;
20.7.4.
Clearances involving a government department other than the customs authority.
We may in some countries make advance payments of import duty, taxes, penalties
or have to post bond on behalf of the importer and where this additional
service is provided a local administration fee will be charged to the receiver
and you will be liable for this charge if the receiver does not pay us.
20.8. You
may give us special invoicing instructions or agree with the receiver of the
shipment or another third party that he or she will pay our charges and/or any
duties, taxes, penalties, bonds, assessments, expenses, surcharges and fines
levied or incurred by us in connection with the shipment. If the receiver or
other third party refuses to pay our charges for the carriage or reimburse us
for any of the above costs you agree to pay these amounts within 7 days of us
notifying you of the refusal to pay.
20.9. Our
invoice does not include a copy of the Proof of Delivery (POD), which you agree
may be validly obtained or provided in a digital or electronic format, or any
other additional documents.
20.10.
Where permitted by law, our standard invoice presentation method is electronic
invoicing. Where you request, or we are required, to use paper invoicing we
reserve the right to charge you an administration fee for providing this
service.
20.11.
Our invoices must be paid in the currency stated in the invoice or otherwise in
a local currency against exchange rates provided by us.
20.12. We
have a general lien on all your shipments in our possession at any one time
that gives us the right to sell the contents and retain the proceeds of sale in
settlement of any amounts that you may owe us.
20.13.
You shall be liable for the payment of all duties, taxes and charges including
stamp duties as applicable on the carriage and other services as well as on all
documents including the consignment note.
21. INDEMNITY
UGAMES
STORE ELECTRONIC TRADING is not liable for any loss or damage arising out of
circumstances beyond its control.
21.1. You
agree to indemnify us against and keep us harmless from all costs, claims,
liabilities and demands of any nature arising directly or indirectly from the
redundancy selective re-employment or transfer of any of:
21.1.1.
Our employees assigned or solely dedicated to the services we provide to you;
or 21.1.2. Employee or former employee of yours; or 21.1.3. Any supplier or
former supplier to you; or 21.1.4. Any third party
which may in any way arise
from the commercial relationship between us and you including but not limited
to any liability arising under the European Community Acquired Rights Directive
(77/187/EEC, as amended by Directive 2001/23/EC) or national implementing
legislation thereof or under any other applicable employment legislation.
22. GOVERNING LAW
The invalidity or enforceability of any provision shall not affect
any or other part of these terms and conditions.
22.1. In the event that any term or condition is declared invalid or
unenforceable such a determination shall not affect the other provisions of this
contract all of which remain in force.
22.2. Save as provided by any applicable convention, disputes arising from or
related to this contract shall be subject to the laws and the courts of the
United Arab Emirates.