Terms & Conditions

Terms and conditions of carriage
The information in this page sets out General Conditions of Carriage (“Conditions of Carriage”)
ASYAD Express - General Conditions of Carriage
ASYAD Express agrees to provide the Client with the Services (as available) as selected by the Client in accordance with the following Conditions of Carriage.

  • 1.1 “Agreement” means the Trading Agreement, and these Conditions of Carriage (which also form part of the Guide) as amended from time to time, and the Annex hereto if any.
  • 1.2 “Collectable” means something which has appreciated in value either due to its scarcity or to it being no longer in production.
  • 1.3 “Confidential Information” means all information designated as confidential by either party and all other information, in whatever form, relating to the business affairs, financial affairs, products, services, know-how, personnel and Clients of either party.
  • 1.4 “Consignment” means any one or more Item(s), Parcel(s) or Pallet(s) sent at one time in one load to one address.
  • 1.5 “Consignment Charges” means the basic charge for conveying and delivering a consignment, (which for the avoidance of doubt excludes any charges for enhanced compensation and any other charges).
  • 1.6 “Client” means the person or organization (incorporated or unincorporated), identified as such in the Trading Agreement.
  • 1.7 “Client Contact Card” means a card left at the delivery address specified on Dispatch Documentation or Parcel relating to a delivery, if the delivery has been attempted to that specified address, but no one is available to accept delivery.
  • 1.8 “Dispatch” means the time when the Client hands a Consignment to a representative or agent of ASYAD Express for delivery under any of the Services, and “Dispatched” shall be construed accordingly.
  • 1.9 “Dispatch Documentation” has the meaning given in Clause 8.4.
  • 1.10 “Excluded Goods” means items that are excluded from compensation cover. These include fragile goods (including ceramics, glassware, lighting, TV/PC monitors and musical instruments), valuable goods (including antiques, Collectables, jewellery, diamonds and other precious stones and watches), money, perishable foodstuffs and articles, or any other item which is inherently particularly susceptible to loss or damage, or the market value of which is particularly variable, and any other excluded goods described under the heading “Compensation Exclusions”.
  • 1.11 “ASYAD Express Services Pack” means the information referred to on the website which can be amended from time to time.
  • 1.12 “International Deliveries (and Global Deliveries)” means any deliveries which are not deliveries to an address in the Sultanate of Oman.

  • 1.13 “Notification Service” means a service which ASYAD Express makes available to Clients who have opted in, whereby ASYAD Express agrees to notify a Recipient (for whom a valid mobile phone number and/or email address has been provided by the Client), by SMS and/or email of certain details relating to the delivery and Dispatch of Consignments.
  • 1.14 “Parcel” means a package, pack, or box containing items or items sent under any of the Services other than pallets.
  • 1.15 “Personal Data” has the meaning given to it in the General Data Protection Regulation (GDPR) 2018.
  • 1.16 “Pre-Advised Information” means that information described as such in Clause 8.1 relating to both Parcels and Consignments.
  • 1.17 “Privacy Policy” means ASYAD Express’s policy as may be updated from time to time and which can be found in the ASYAD Express website www.asyadexpress.com.
  • 1.18 “Prohibited Goods” means items as identified under the heading “Prohibitions and Restrictions” (or similar expression) on the ASYAD Express website which cannot be sent using the Services, and those items defined as dangerous or hazardous by regulatory bodies governing transport by road, rail, sea or air in any legislation, regulations or guidelines which are unlawful to be carried, all as updated from time to time.
  • 1.19 “Recipient” means the addressee as designated on a Consignment.
  • 1.20 “Reseller” means a third party designated as such by ASYAD Express from time to time.
  • 1.21 “Restricted Goods” means items which can be sent using the Services but subject to certain restrictions and/or requirements as identified under the heading “Prohibitions and Restrictions” (or similar expression) on the ASYAD Express website “Services” means any services offered to the Client by ASYAD Express.
  • 1.22 “Trading Agreement” means the agreement between the Client and ASYAD Express which sets out details of the charges, collections and payment terms.
  • 1.23 “Undeliverable” means that ASYAD Express has been unable to deliver a Consignment, or in its opinion considers that the circumstances are such that it should not attempt delivery(ies).
  • 1.24 “Volume Profile” means the information provided by the Client on the number of Parcels expected to be Dispatched by month and year by each Service they intend to use.
  • 1.25 “Website” means the ASYAD Express website: www.asyadexpress.com
  • 1.26 “Working Days” means any day other than a Friday or Saturday, public holiday, or any other day on which the ASYAD Express network is not closed. So far as International Deliveries are concerned, it also means any equivalent days in the country of destination or any intermediate country.

  • 2.1 ASYAD Express shall provide the Services, (subject to availability) as specified in the Trading Agreement. The Client acknowledges and agrees that if ASYAD Express is unable to make a collection through no fault of its own, it shall be entitled to charge the Client in full for the Services it was to have provided, and also for any costs it may have incurred as a result of it not being able to make that collection.
  • 2.2 ASYAD Express is not obliged to provide any plant or power at the point(s) of collection, (or delivery), or provide labor other than for the purpose of loading or unloading any Consignment to or from any ASYAD Express vehicle and ASYAD Express shall not be obliged to accept Consignments which require special loading equipment unless similar equipment is to be made available by the Client at the Consignment’s destination for unloading.
  • 2.3 If ASYAD Express provides any services at the point(s) of collection or delivery beyond that specified in Clause 2.2 or assists with loading or unloading Consignments requiring special equipment (whether or not it is used) the Client shall indemnify ASYAD Express against all losses, claims and demands including those that arise as a consequence of ASYAD Express negligence in relation to such services.
  • 2.4 ASYAD Express reserves the right to refuse, hold, cancel, postpone or return any Consignment, the carriage of which is prohibited by law at any time or if such Consignment would in the opinion of ASYAD Express be likely to cause damage or delay to other Consignments, goods or persons, or does not comply with any of these Conditions of Carriage. If ASYAD Express accepts a Consignment not complying with this Clause 2.4 that does not mean that ASYAD Express has waived the Client’s obligations pursuant to this sub-clause.
  • 2.5 Where the Client has requested a collection and the Consignment(s) are not available for collection at the specified time and place, ASYAD Express shall have the right to raise a charge as specified in the Guide.
  • 2.6 Where the Client has requested a collection of a Consignment and that collection request is cancelled on the same day that the collection was due, ASYAD Express will have the right to raise a charge as specified in the Guide.
  • 2.7 Where the Client requests a collection from a location other than its specified collection address, the ‘Third Party Collection’ surcharge will be applied in addition to the normal consignment charge.
  • 2.8 ASYAD Express will attempt to deliver the Consignment to the address specified on the Dispatch Documentation or Parcel or as instructed by a Recipient and delivery may be made by handing a Consignment over to anyone at that address. If delivery cannot be completed at the specified address, then:
    • 2.8.1 the Client acknowledges and agrees that ASYAD Express if unable to deliver the Consignment to the designated address will not attempt redelivery to any other address and the process will be to attempt redelivery at the designated address in line with the conditions outlined in 2.14 – 2.15
    • 2.8.2 The Client agrees that delivery to such neighboring address shall constitute delivery to the address specified as the delivery address in the Dispatch Documentation or on the Parcel.
  • 2.9 ASYAD Express does not undertake to intercept a consignment in transit before delivery has been attempted.
  • 2.10 Except for Consignments sent where the Client has instructed that no signature is required on delivery of a Consignment, ASYAD Express will request the person who accepts delivery (not necessarily the Recipient in person) to sign an acknowledgement receipt, which may include but not be limited to signature by electronic means. Evidence of such a receipt shall be available for a period of 6 months from the date of delivery, subject to payment of the charge as then published. If a Consignment is one which does not require a signature, a signature may not be obtained by ASYAD Express.

  • 2.11 Where a Client or person at the delivery address requires booking in for delivery or collection, the following provisions shall also apply:
    • 2.11.1 ASYAD Express will be entitled to raise an additional charge per Consignment as specified in the client contract, where a prearranged booking in time for delivery of a Consignment has been made ASYAD Express shall not be liable if it is not able to adhere to it. ASYAD Express will, where possible, attempt to deliver at the prearranged time and in such cases may require the Client to pay an additional charge as specified in the client contract.
  • 2.12 Where the Recipient wishes to inspect or refuses to accept delivery of all or part of a Consignment, ASYAD Express shall have the right to return the whole Consignment to ASYAD Express premises and await the Client’s instructions.
  • 2.13 ASYAD Express will only accept Consignments to PO boxes (or local equivalent) or local post offices in a country, which is designated on the ASYAD Express website as being a country where such Consignments are accepted.
  • 2.14 If the first delivery attempt is unsuccessful, ASYAD Express will attempt a second delivery attempt the following working day.
  • 2.15 If the Consignment is not collected within a reasonable period of time, it may be returned to the Client and ASYAD Express shall have the right to raise a charge as specified in the Guide and Clause 2.18 will apply.
  • 2.16 If an undelivered Consignment is held by ASYAD Express and is not claimed within a reasonable time of ASYAD Express leaving notification of the attempted delivery at the delivery address if practicable and/or of notifying the posting Client, then ASYAD Express shall have the right to deal with the Consignment as it sees fit.
  • 2.17 ASYAD Express shall have no liability for loss, damage or delay to a Consignment, occasioned whilst delivering it in accordance with instructions from, or purporting to be from the Recipient, including where the Recipient uses the Notification Service.
  • 2.18 If a Consignment is Undeliverable for any reason, ASYAD Express may attempt to notify the Client to arrange for the return of the Consignment. If the Client cannot be contacted within 3 Working Days or fails to give instructions within a reasonable period of time as determined by ASYAD Express. ASYAD Express at its option, may return the Consignment to the Client, place the Consignment in a general order warehouse or Customs bonded warehouse or dispose of the Consignment. The Client will be liable for any and all costs, charges and fees incurred in returning, storing or disposing of an Undeliverable Consignment, unless the Consignment was undeliverable due to the fault of ASYAD Express.
  • 2.19 If ASYAD Express is unable to make a delivery due to incorrect or missing documentation, ASYAD Express shall have no liability and shall be entitled to charge an administrative fee should it endeavor to obtain such corrective or complete information.
  • 2.20 All Consignments which are transported by air are subject to screening processes for reasons of security. The contents of any Consignment which is being transported by air must be capable of being determined by such scanners. Where the contents of a Consignment cannot be determined using those scanners, then Clause 2.4 shall apply.

  • 3.1 All property supplied by ASYAD Express to the Client shall remain the property of ASYAD Express and shall be returned to ASYAD Express upon termination of this Agreement or earlier if so requested by ASYAD Express. The Client shall keep the property in safe custody and good condition (fair wear and tear excepted). In the event of loss, destruction or damage of any such property the client shall pay to ASYAD Express:
    • 3.1.1 (at ASYAD Express discretion) either the cost of the replacement or the cost of repair as certified by ASYAD Express; and
    • 3.1.2 any administrative costs and/or other costs incurred by ASYAD Express as a result of such loss, destruction or damage.

  • 3.2 The Client shall not use the property referred to in Clause 3.1 for any purpose other than the carrying out of its obligations under this Agreement nor allow any other party to use, take possession of, or have any rights over such property. ASYAD Express may inspect such property at any time and, in the case of misuse by the Client, or any other party, may repossess such property forthwith.

  • 4.1 The Term of this Agreement shall commence on the Start Date specified in the Trading Agreement and continue in force until the contract End Date specified in the Trading Agreement or until terminated by ASYAD Express under Clause 4.2 or by the Client giving not less than 1 month’s written notice of termination.
  • 4.2 ASYAD Express may terminate this Agreement by giving not less than 14 days’ notice to the Client or without notice if the Agreement has not been used in the previous 12 months.
  • 4.3 ASYAD Express may suspend or terminate this Agreement forthwith if:
    • 4.3.1 any charges due to ASYAD Express under this Agreement or any other agreement between the Client and ASYAD Express remain unpaid after the relevant payment date; or
    • 4.3.2 the Client ceases or threatens to cease to carry on business or is unable to pay its debts as they fall due for payment or makes a general assignment for the benefit of or a composition with its creditors or has a liquidator, receiver, administrator, trustee or similar officer appointed over all or any of its assets or undertaking (otherwise than for the purposes of a scheme of solvent reconstruction or amalgamation upon terms and within such period as may have been approved by ASYAD Express); or ASYAD Express considers, in its reasonable opinion, that the Client is in breach of Clauses 5 and/or 6.

  • 4.4 Upon termination of this Agreement (or earlier request by ASYAD Express), the Client shall return all unused Dispatch Documentation to ASYAD Express and any property referred to in Clause 3.1.
  • 4.5 Should ASYAD Express make any changes to this Agreement (including prices), ASYAD Express will give 14 days’ notice of the relevant change and the Client will receive any relevant annexes with the updated information. The Client will not need to sign an updated Trading Agreement unless the Client’s company details have changed.
  • 4.6 ASYAD Express account facilities are offered based on a credit check and the imposition of a credit limit. If this credit limit is exceeded, ASYAD Express reserves the right to suspend the account without giving notice of any sort until payment is received to bring the account within the credit limit.

  • 5.1 Prohibited Goods and Restricted Goods are described under the heading “Prohibitions and Restrictions” (or similar expression) on the ASYAD Express website.
  • 5.2 The Client is responsible for ascertaining if the contents of any Parcel are prohibited or are subject to restrictions or specific requirements either within Oman or the country of destination for International Deliveries and shall comply with all requirements specified (e.g. particular packaging).
  • 5.3 The Client must not send or attempt to send a Consignment containing any Prohibited Goods by any of the Services or send or attempt to send a Consignment containing any Restricted Goods by any of the Services unless the Client complies with the restrictions and specified requirements set out in their contract and on the Website and if the Client sends or an attempt is made to send a Consignment containing any such Prohibited Goods or Restricted Goods, then:
    • 5.3.1 ASYAD Express may deal with such Consignment in its sole and absolute discretion without incurring any liability whatsoever including destroying or otherwise disposing of the relevant Consignment in whole or in part or returning the relevant Consignment to the Client, and shall be entitled to charge the Client with the cost of destruction, disposal and all other reasonable costs incurred by ASYAD Express and in addition ASYAD Express may charge the Client a surcharge (as may be specified in the contract) if it chooses to return the Consignment to the Client; and
    • 5.3.2 the Client shall indemnify and keep indemnified ASYAD Express, and its employees, contractors, subcontractors and agents against all loss, damage or injury howsoever arising out of the carriage of Prohibited Goods, whether declared as such or not and/or Restricted Goods not properly packaged, duly labelled, or otherwise not complying with the requirements of this Agreement and as set out in the contract and on the Website.

  • 5.4 ASYAD Express may deal with any Consignment that it considers hazardous or may present a danger (for example Prohibited Goods, suspicious packages or any perceived health and safety risk), as it sees fit without incurring any liability whatsoever.
  • 5.5 Under no circumstance is ASYAD Express liable to pay compensation for loss of, damage to or delay in collection or delivery of Prohibited Goods or Restricted Goods that do not comply with the restrictions and specified requirements set out in the Guide and on the Website.
  • 5.6 ASYAD Express may, acting reasonably, add or delete items from the definition of Prohibited Goods or Restricted Goods (and may vary any applicable restrictions) without notice to the Client, but will endeavor to make the details of any such additions or deletions available on the Website. For International Deliveries this also includes any goods prohibited or restricted by the country of destination.

  • 6.1 The Client must ensure that any Parcel or Consignment the Client wishes to send by any of the Services is not prohibited under applicable sanctions laws, for example because of its contents or Recipient. Sanctions laws include all laws, regulations and orders imposing sanctions (including trade restrictions and economic sanctions) on countries, individuals or entities.
  • 6.2 The Client is responsible for obtaining any license required under applicable sanctions laws and (upon request) must provide ASYAD Express with acceptable evidence that it has been obtained. ASYAD Express will bear no responsibility if the Client or the Client’s agents send an item with the wrong license required under sanctions laws.
  • 6.3 The Client will indemnify and keep indemnified ASYAD Express, its employees, sub-contractors and agents against any loss or damage suffered or liability incurred as a result of the Client or its agents not complying with sanctions laws.

  • 6.4 If ASYAD Express has reasonable suspicion that because of its contents a Parcel, Consignment does not comply with sanctions laws ASYAD Express may open that Parcel, Consignment or delay processing and delivery.
  • 6.5 If the Client sends or attempts to send a Parcel, Consignment which does not comply with sanctions laws ASYAD Express may deal with the Parcel, Consignment in its sole and absolute discretion (without incurring any liability whatsoever to the Client or the Recipient) including destroying or otherwise disposing of such Parcel, Consignment in whole or in part or returning it to the Client, and shall be entitled to charge the Client the cost of disposal and all other costs reasonably incurred, and additionally a surcharge (as may be specified in the Guide) if it chooses to return the Parcel, Consignment or any part of it.

  • 7.1 The Client shall comply with the following terms relating to maximum size limits:
    • 7.1.1 Oman deliveries. A Parcel must not exceed either of the following specifications: 1.2m length, and 2m length and girth combined.
    • 7.1.2 If the Parcel is an irregular shape, the dimensions are based on the smallest cubic shape that the Parcel will fit into. Items returned to sender will also be subject to additional surcharges.
    • 7.1.3 Any Parcel with dimensions greater than these will either be refused or subject to additional surcharges;
  • 7.2 International Deliveries. Every Parcel must comply with the size limits in the country of destination as specified on the ASYAD Express website The Client shall comply with the following terms relating to maximum weight limits:
    • 7.2.1 Oman deliveries. There is no limit to the weight of a multi Parcel Consignment, but individual Parcels must not exceed the weight restrictions dictated within the SLA agreement and product specification.
    • 7.2.2 International Deliveries. Every Parcel must comply with the weight limits in the country of destination as specified on the ASYAD Express website.

  • 7.3 If any Parcel exceeds the maximum sizes or weights as specified in Clauses 7.1 and 7.2 above, and ASYAD Express has accepted such Parcel and is able to process it through the ASYAD Express network, then ASYAD Express may raise an additional surcharge as specified in the Guide.
  • 7.4 Where a Parcel exceeds the maximum sizes or weights as set out in Clauses 7.1 and 7.2 above, and ASYAD Express is unable to process it through the ASYAD Express network, then ASYAD Express reserves the right to either return the Parcel to the Client or transfer it to a third party who specializes in the distribution of heavy and large items. Where a Parcel is transferred to a third party under this Clause 7.4, then ASYAD Express reserves the right to raise a charge for this service as specified in the Guide.

  • 8.1 The Client shall provide ASYAD Express with timely pre-advice either by using ASYAD Express Dispatch systems, or the Client, using their own Dispatch systems, should create and provide pre-advice as directed by ASYAD Express (“Pre-Advised Information”).
  • 8.2 The Client shall ensure that each Parcel or Pallet is adequately packaged and shall label each Parcel or Pallet with the correct complete postal address in a legible form, including (without limitation):
  • 8.3 the postcode (or local equivalent) of both the Recipient and the Client;
  • 8.4 the telephone number of both the Recipient and the Client. Where the Parcel and/or Pallet is being sent as an International Delivery, the Recipient’s phone number must be a phone number which is local to the destination country.
  • 8.5 For the purposes of this Agreement, a PO Box address does not constitute a full postal address. Any Parcel which is addressed to a PO Box address will be considered incorrectly labelled and shall not meet the requirements of Clause 8.3. In specific countries a Post Office branch address is not a valid address, where this is the case, any Parcel which is addressed to a Post Office branch will be considered incorrectly labelled and shall not meet the requirements of Clause 8.3.
  • 8.6 Each Consignment must be accompanied at the time of Dispatch by fully completed Dispatch Documentation in the form specified or provided by ASYAD Express for the Service used, which may include service indicators and barcoded labels (such labels when used shall enable ASYAD Express to identify the Clients and raise the appropriate charges) (“Dispatch Documentation”). Barcode content and quality and the use of unique numbers identifying Parcels shall be as specified by ASYAD Express.
  • 8.7 Parcels must not be presented for carriage consolidated other than as a single Parcel appropriately packaged. Parcels must not be strapped nor bound to any other Parcel(s).

  • 8.8 It is the Client’s responsibility to ensure that all barcoded labels are machine readable and not in any way obliterated or defaced.
  • 8.9 Barcoded labels and address labels must not be obscured by strapping. All labels must be clearly visible and affixed to the top of the Parcel, not the base. If the Parcel is cylindrical then the label must be affixed with the barcode running along the length of the tube. Barcoded labels must be placed to the right of the address labels.
  • 8.10 Packaging material must be of such consistency that will allow the label to adhere to the Parcel through its life cycle. If the Parcel wrapping has any written material on it then an area should be left blank for application of the barcoded label.
  • 8.11 Any articles susceptible to damage as a result of any condition, which may be
  • encountered in air transportation, such as changes in temperature or atmospheric pressure, must be suitably packaged to prevent such damage.
  • 8.12 ASYAD Express shall not be liable for any damage arising out of changes in temperature or pressure.
  • 8.13 The Client must retain its copies of Dispatch Documentation as these may be required by ASYAD Express from time to time. The Client shall give the other copies to an ASYAD Express agent or representative at the time of Dispatch. The Client acknowledges that in some cases ASYAD Express does not keep manuscript records of Consignments Dispatched by the Client.
  • 8.14 The Dispatch Documentation must be received by ASYAD Express in a format specified by ASYAD Express before the Parcels it relates to are either collected by or handed to
  • 8.15 ASYAD Express. That information must match the labelling on Parcels with the full address of the Recipient including postcode and telephone number, and unique barcode Parcel identifier which must be applied to all the Parcels to be collected and no others. ASYAD Express shall have the right to raise a surcharge as specified in the Guide where it agrees to accept Parcels without Pre- Advised Information.
  • 8.16 Where ASYAD Express has not received Pre-Advised Information in accordance with Clause 8.2 or received Pre-Advised Information but without the corresponding Parcel being Dispatched, ASYAD Express may require the Client to pay in addition to the other charges referred to in Clause 10, a surcharge. ASYAD Express shall not be liable to pay any refund or compensation in respect of a Consignment which is lost or delayed where ASYAD Express has not received such Pre-Advised Information.
  • 8.17 For International Deliveries the Client shall prepare and attach all documentation as required by Customs or as required by any overseas customs authority. The Client recognizes that failure to fully complete and sign the customs declaration (where applicable) may result in clearance delays. ASYAD Express may levy a charge if it has to retain the Client’s parcel whilst in customs process.
  • 8.18 The Client recognizes the right of international customs authorities to inspect Parcels and documentation, and for customs to instruct ASYAD Express or its agents to open any Parcel for examination and ASYAD Express shall incur no liability of any kind in relation to this. The Client authorizes ASYAD Express or its agents to complete any necessary documentation for the purpose of customs clearance either in the Sultanate of Oman or abroad, but also notes and accepts that ASYAD Express is not legally permitted to complete and/or sign individual customs declarations.
  • 8.19 In accordance with applicable regulations in various jurisdictions ASYAD Express and its agents may be required to undertake X-ray screening of consignments. ASYAD Express or its agents may undertake such screening and shall have no liability in respect of any resulting damage.

  • 9.1 It is the Client’s responsibility to ensure that when a Consignment is shipped from outside the Sultanate of Oman under these Conditions of Carriage that all the requirements of the territory from which it has been Dispatched and all the relevant provisions of these Conditions of Carriage have been fully complied with and observed.

  • 10.1 The Client shall pay to ASYAD Express the charges specified in the Trading Agreement and in the manner set out or referred to in this Agreement (or elsewhere), together with any supplements or surcharges referred to or specified in the Guide or any Annex. If ASYAD Express provides any Services which are not specified in the Trading Agreement, then the charges for such Services shall be as specified in the Guide.
  • 10.2 Any claim or counterclaim (including any claim for compensation or refund) by the Client shall not entitle the Client to defer, withhold or deduct payment of monies or settlement of liabilities incurred to ASYAD Express.
  • 10.3 ASYAD Express reserves the right to vary its Parcel, or Consignment Charges (up or down) for each period that it invoices a Client based on any variance between the number of Parcels, (or other relevant items) Dispatched by the Client during the period in question and the Volume Profile for that same period as provided by the Client, upon which the charges referred to in the Trading Agreement are based.
  • 10.4 The Trading Agreement will, without limitation detail the following:
    • 10.4.1 the Volume Profile as provided by the Client for the Services;
    • 10.4.2 the volume bandings;
    • 10.4.3 the charges that will apply if the volume of Parcels Dispatched by the Client for an invoicing period is within the agreed volume banding; and
    • 10.4.4 the charges that will apply if the volume of Parcels Dispatched by the Client for an invoicing period falls outside the agreed volume banding.
  • 10.5 ASYAD Express may carry out checks, (including examining Parcels), to verify any information recorded in the Trading Agreement and if ASYAD Express considers that:
    • 10.5.1 any details specified in the Trading Agreement have altered sufficiently to warrant an increase in the charges; or
    • 10.5.2 in the case of the Client on more than one occasion has declared an incorrect number of Parcels on the Dispatch Documentation; or
    • 10.5.3 the Client has persistently Dispatched Parcels which do not meet the agreed periodic volume, or the average number of Parcels per Consignment, or the average weight criteria or other criteria set out in the Trading Agreement; then notwithstanding anything to the contrary in the Trading Agreement, or elsewhere, ASYAD Express may increase the charges upon giving notice to the Client in accordance with Clause 10.7.
    • PLEASE NOTE: Notwithstanding anything to the contrary in this Agreement, ASYAD Express may, at any time and without giving notice to the Client, incorporate any of the surcharges levied or to be levied on the Client into the Client’s Consignment Charges.

  • 10.6 ASYAD Express may from time to time carry out checks to verify any information recorded on the Dispatch Documentation and reserves the right to charge the Client any additional charges found to be due.
  • 10.7 ASYAD Express may revise any of the charges set out in the Trading Agreement or introduce or revise surcharges from time to time by giving the Client not less than 14 days’ notice.
  • 10.8 If a Consignment, or any part thereof, has been delivered to an address, but there are customs charges and/or duties outstanding, and if they are subsequently discharged by ASYAD Express, the Client shall on demand reimburse ASYAD Express with the amount paid together with any incidental expenses and clearance costs incurred, together with ASYAD Express handling charges current from time to time.
  • 10.9 If a Recipient refuses to pay any customs charges, duties and/or handling fees due in respect of a Consignment and as a result, it or a part of it is not delivered, ASYAD Express shall not incur any liability and the Consignment (or relevant part) will only be returned to the Client if those charges plus return fee are paid by the Client in advance. ASYAD Express will contact the Client to advise of the charges and to obtain agreement to pay. If such agreement is forthcoming, the Client shall make payment at or to the local ASYAD Express site, thereafter the Consignment (or relevant part) will be returned to the Client. Where the Client refuses to pay the charges, the Consignment (or relevant part) will be disposed of by ASYAD Express. The Client shall also pay to ASYAD Express such other charges, costs and expenses as may be incurred by ASYAD Express relating to the dealing with, or disposal of, any such Consignment (or part).
  • 10.10 Unless expressly stated otherwise in this Agreement, all charges and other amounts specified in this Agreement as payable by the Client are exclusive of VAT. If VAT is introduced in Oman, then it will be added where appropriate and the Client shall pay any VAT due on such charges or amounts at the appropriate rate and in accordance with Clause 11.
  • 10.11 ASYAD Express reserves the right to charge for all or any Services on a volumetric basis the details of which are set out in the Guide or on the Website.
  • 10.12 ASYAD Express operates a specific charging policy for resellers. If a Client is found to be reselling ASYAD Express services at or below the agreed contract price or without specific permission, ASYAD Express reserves the right to alter the charges in line with the policy without giving notice of any sort.
  • 10.13 Where ASYAD Express is entitled to levy a surcharge in relation to any Services, and the Client has provided ASYAD Express its debit or credit card details, ASYAD Express may choose to take such surcharge from such debit or credit card and the Client consents to ASYAD Express so doing. Details of the surcharges are set out in the Guide and subject to revision from time to time in accordance with this Agreement.

  • 11.1 All charges due to ASYAD Express shall be invoiced to the Client at the frequency as set out in the Trading Agreement. If there is any dispute on an invoice, ASYAD Express may require the Client to provide it with any unused Dispatch Documentation in order that the matter can be dealt with promptly.
  • 11.2 The Client shall pay in full within 30 days of the date of the relevant invoice.
  • 11.3 If the Client fails to pay within the timescales specified and/or in accordance with the stated method of payment, or cancels payment, then ASYAD Express at its sole discretion, may with immediate effect do all or any of the following, (without prejudice to any of its other rights and remedies including recovery of any outstanding sums by court proceedings):
    • 11.3.1 amend the invoicing frequency and/or credit terms and/or the method of payment within this Agreement;
    • 11.3.2 require settlement in full of all invoiced and non-invoiced debt within two Working Days;
    • 11.3.3 withdraw credit terms and/ or require advance payment.
    • 11.3.4 suspend or terminate this Agreement forthwith.

  • 11.4 ASYAD Express shall not be entitled to amend the Charges specified on an invoice more than ninety days after the date of that invoice.
  • 11.5 The Client must raise any disputes relating to an invoice within ninety days of the date of the invoice. ASYAD Express shall have no liability to reimburse any Charges which are disputed more than ninety days following the date of the invoice in which those Charges were notified to the Client.

  • 12.1 Please note: Some service delivery timescales are extended when delivery is to be made to addresses in Zones 1, 2 and 3 as specified in annex 1.
  • 12.2 The Service standards for each of the Services shall be as set out in the Guide (or in any other publication issued by ASYAD Express setting out Service standards) and shall apply subject to Clause 13.
  • 12.3 For the purposes of calculating service standards:
    • 12.3.1 only Working Days will be counted. These may vary country by country.
    • 12.3.2 where ASYAD Express attempts to deliver a Consignment to the address shown on the Consignment Dispatch Documentation, or on the Parcel, or an alternative address as instructed by a Recipient using the Notification Service, and for whatever reason delivery cannot be achieved (including unreasonable delay in acceptance at that address), then delivery shall be deemed to have taken place at the time when the Consignment was first presented to that address to attempt delivery, or when ASYAD Express joins a queuing or booking-in system operated at that address; and
    • 12.3.3 subject to 12.3.2 above, where ASYAD Express has agreed to hold a Consignment for collection or pending further instructions then attempted delivery shall be deemed to have taken place at the earliest time when the Consignment is made available for collection by the Recipient or the time the direction is given.
    • 12.3.4 where a Recipient uses the Notification Service and instructs ASYAD Express to deliver a Consignment on an alternative Working Day, that alternative Working Day will be deemed to be the date for delivery for the purposes of calculating whether a delivery is late.

  • 12.4 Upon termination of this Agreement (or earlier request by ASYAD Express), the Client shall return all unused Dispatch Documentation to ASYAD Express and any property referred to in Clause 3.1.
  • 12.5 Should ASYAD Express make any changes to this Agreement (including prices), ASYAD Express will give 14 days’ notice of the relevant change and the Client will receive any relevant annexes with the updated information. The Client will not need to sign an updated Trading Agreement unless the Client’s company details have changed.
  • 12.6 ASYAD Express account facilities are offered based on a credit check and the imposition of a credit limit. If this credit limit is exceeded, ASYAD Express reserves the right to suspend the account without giving notice of any sort until payment is received to bring the account within the credit limit.

  • 13.1 ASYAD Express reserves the right to withdraw, suspend and/or re-specify any Service (including compensation arrangements) from time to time.

  • 14.1 The Client’s representative shall be required to produce suitable identification in order to collect a Consignment or any part thereof.
  • 14.2 A Consignment will be held at the ASYAD Express branch for a maximum of 5 Working Days awaiting collection if there has been a ‘Held Awaiting Information’ request, as per the agreed SLA’s. After this time, if the Consignment has not been collected, the Consignment will be returned to the Client and further charges will be payable by the Client as specified in the Guide.

  • 14.3 ASYAD Express may at any time, change the number and locations of its sites without prior notice to the Client.
  • 14.4 ASYAD Express shall not be liable to the Client for any discrepancy between the contents of any Consignment and the manifest, which accompanies it under these Services.

  • 15.1 Any delivery that requires the contents of a consignment to be broken down or ASYAD Express to take each item off a Pallet prior to or at delivery, may be subject to additional charges.

  • 16.1 ASYAD Express will only use the phone numbers, email addresses (and other Personal Data) of Recipients provided by the Client: (i) to enable ASYAD Express to provide the Services; and (ii) in the manner described in the Privacy Policy.
  • 16.2 Subject to Clause 23.1, ASYAD Express will only disclose the Personal Data obtained in the course of providing the Services to third parties where it is necessary to do so in order to provide the Services and ASYAD Express will ensure that any such third parties are similarly restricted in their use of the Personal Data.

  • 16.3 The Client will inform any Recipient using the Services that their Personal Data will be used in the way described in Clauses 23.1 and 23.2.

  • 17.1 Any notice given under this Agreement shall be in writing, which includes transmission by electronic mail, delivered by hand, or sent by post to the relevant address provided by each party or in the case of notices to the Client, additional notice may also be sent to such other address as ASYAD Express has for the Client. Any notice is deemed to have been served when delivered by hand, at the time of actual delivery; or when sent by post, at expiry of forty-eight hours after posting; or where sent by electronic mail on the day on which the communication is first Dispatched.

  • 18.1 Subject to the provisions of this Agreement, ASYAD Express shall pay compensation to the Client for loss or damage caused by its negligence or that of those for whom it is vicariously liable, and a refund in the case of delay. Please note: not all Services provide compensation for loss and/or damage nor a refund in the case of delay. See Clause 24.
  • 18.2 Entitlement to and payment of all compensation for loss and/or damage and refunds for delay is subject to the provisions of this Clause 18, satisfaction of Clause 22 and all other relevant provisions of this Agreement.
  • 18.3 Any compensation payable for loss or damage shall be limited to the repair costs of the items damaged, or if they are lost or damaged beyond repair, the lowest of: i) their replacement cost taking account of depreciation for wear and tear; and ii) the actual sale price of the item(s). In any event, compensation shall not exceed the amount set out in the Compensation Table at Clause 21.
  • 18.4 Recompense for delay is given by way of a refund of the whole or part of the Consignment Charges and on a pro rata basis if only a part of a Consignment is delayed.
  • 18.5 Any compensation payable under this Agreement for loss of, or damage to, any Collectable(s) shall be further limited to the actual price paid for the Collectable(s) by the Client.
  • 18.6 “Delay in delivery”, “late delivery” and similar expressions, means delivery which is not in accordance with the delivery times for the particular service. Where a Recipient uses the Notification Service and instructs ASYAD Express to deliver a Consignment at an alternative delivery time, such a time will be deemed to be the delivery time for the Service.
  • 18.7 Enhanced compensation for loss and damage (which is offered for some Services only) is available up to the amount set out in the Compensation and Refunds Table and only if the Client has paid the additional charge as set out on the ASYAD Express website.
  • 18.8 Save as referred to in Clauses 18.1 to 18.7, ASYAD Express shall not otherwise be liable to the Client or any other person for any delay, or any loss of, or damage to any Consignment(s), nor for any loss or damage arising from delay in the collection, conveyance or delivery of any Consignment(s) howsoever any such loss, damage or delay was caused and whether founded in contract, tort (including negligence), breach of statutory duty or otherwise.
  • 18.9 ASYAD Express does not accept liability for any loss of contracts, business, profits, revenue, anticipated savings or any economic loss nor for any indirect or consequential losses, whatsoever or howsoever arising, whether in contract, tort (including negligence), breach of statutory duty or otherwise (except as may arise from its liability in negligence for death or personal injury).
  • 18.10 Any liability ASYAD Express may have not otherwise specifically provided for in these Conditions of Carriage, whatsoever and howsoever arising, whether from contract, tort, (including negligence), breach of statutory duty or otherwise shall be limited as follows:
    • 18.10.1 liability for loss of, or damage to property, not being, or forming part of a Consignment, shall not exceed 50 OMR per event or series of connected events; and
    • 18.10.2 liability arising from loss or damage to a Consignment (not otherwise provided for in these Conditions of Carriage) shall not exceed 50 OMR and liability for delay or arising from delay shall not exceed a refund of the Consignment Charges.

  • 18.11 In addition to other compensation exclusions that are set out on the ASYAD Express website, ASYAD Express shall not be liable to pay compensation for loss of, or damage to, or delay in respect of any Consignment:
    • 18.11.1 due to latent or inherent defect, vice or natural deterioration of items; or
    • 18.11.2 ASYAD Express failure or inability to attempt to contact the Client or Recipient concerning incomplete or inaccurate address, incorrect or incomplete documentation, non-payment of duties and taxes necessary to release a Consignment, or incomplete or incorrect customs or brokers address or a bulk collection, before it was scanned at ASYAD Express premises; or
    • 18.11.3 due to the Client’s failure to properly pack any Parcel in accordance with ASYAD Express packaging guidelines, or the absence, inadequacy or failure of any packaging. ASYAD Express has no liability for loss or damage resulting from the failure to observe “package orientation” graphics (e.g. “UP” arrows, “THIS END UP” markings); or
    • 18.11.4 if the Client sends items in contravention of Clauses 5 and/or 6 or does not comply with any other relevant provisions of these Conditions of Carriage; or
    • 18.11.5 if the Client fails to comply with its obligations under Clause 8.
    • 18.11.6 due to any acts or omission of the Client or Recipient or any third-party delivery company who is engaged by the Client to deliver the Consignment to the ultimate recipient.
  • 18.12 ASYAD Express shall not be liable to pay any refund for late delivery if:
    • 18.12.1 the Consignment has not been packed adequately;
    • 18.12.2 Consignments have been strapped together or bound to another parcel;
    • 18.12.3 the Consignment contains Prohibited Goods or Restricted Goods where the restrictions have not been complied with or it includes parcels which are in breach of sanctions;
    • 18.12.4 the Client has not complied with its obligations under Clause 8;
    • 18.12.5 due to adherence to ASYAD Express policies to provide a copy of the delivery record or a copy of the signature obtained at delivery;
    • 18.12.6 the Consignment is addressed to a PO Box address;
    • 18.12.7 the Consignment has been sent to an address which is closed, or which only accepts deliveries at certain times of day or on certain days of the week;
    • 18.12.8 the delivery was attempted on the due day for non-Timed delivery services, even if the attempt was made outside of our advertised delivery or working hours;
    • 18.12.9 the Consignment was not delivered, or no attempt was made to deliver the Consignment during the one-hour time window advised to the Recipient through the Notification Service (provided the Consignment was delivered on the due day); the Consignment(s) are returned to the sender after a failed attempt to deliver to the Recipient;
    • 18.12.10 the Consignment requires collection by the Recipient;
    • 18.12.11 the delay is caused by adherence to ASYAD Express policies regarding the payment of duties and taxes;
    • 18.12.12 the customs documentation is incomplete or incorrect;
    • 18.12.13 there is duty payable on the Consignment;
    • 18.12.14 the Consignment is held up in a customs clearance process;
    • 18.12.15 the Consignment is seized by a customs or governmental authority or by any regulatory agencies;
    • 18.12.16 the Consignment is not in compliance with this Agreement and, as a result, the Consignment is not accepted by the international transportation service we have selected;
    • 18.12.17 the Consignment is sent directly to a local Post Office overseas;
    • 18.12.18 it is indicated on the country- specific information that the delivery guarantee does not apply, or the Consignment is dispatched to a destination where the Service has been suspended.
  • 18.13 The Client shall indemnify ASYAD Express from and against all losses, damages and claims suffered or incurred by ASYAD Express by virtue of any lack of authority by the Client to Dispatch a Consignment.
  • 18.14 ASYAD Express shall not be liable in respect of any Consignment where the Client, the owner of the Consignment or anyone acting on their behalf have been fraudulent or dishonest in any way in respect of that Consignment, nor shall ASYAD Express be liable in respect of any Consignment where any person misrepresents his authority to receive a Consignment on the Recipient’s or the Client’s behalf.
  • 18.15 ASYAD Express shall not be liable (whether for payment of compensation, refunds for delay or otherwise) for any failure of, or delay in the performance of its obligations under this Agreement where such failure or delay is directly or indirectly caused by any interruption, failure or malfunction whatsoever of any of its computer systems caused by any computer viruses including, without limitation, routines, worms, logic or time bombs, disabling or disruptive codes or routines, expiration dates and software switches included in or introduced onto those computer systems (whether maliciously, recklessly or otherwise).

  • 19.1 The Dispatch of sensitive data and documents, with contents including but not limited to names, addresses, bank details, signatures and dates of birth and any other sensitive or personal data is entirely at the Client’s risk and is excluded from compensation.

  • 20.1 ASYAD Express shall not be liable (whether for the payment of compensation or refunds for late delivery or otherwise) for any failure to perform, or delay in the performance of its obligations under this where such failure or delay results from any circumstances outside its reasonable control including but not limited to any fire, flood, explosion, accident, adverse weather conditions, criminal act, traffic congestion, mechanical breakdown, obstruction of any public or private highway, riot, government act, act of war, terrorism, act of God, or from any industrial dispute or strike whatsoever.

  • 21.1 ASYAD Express will require the Client to substantiate a claim for damage or partial loss by providing the Consignment, its contents and its packaging for inspection. Wherever possible, the Client is required to provide photographs of all internal and external packaging as at the time of delivery and make them available to ASYAD Express with the claim or within 21 days thereafter. ASYAD Express may depreciate the value of items to reflect their current market value, and to take account of any depreciation for wear and tear. Premiums paid for enhanced compensation are non-refundable in all cases. Any claims which overstate the value of the item will be rejected although any refund for delay will still be payable. Any valuation of any item in a foreign currency will be converted into Omani Rials based on the exchange rate on the date of claim. ASYAD Express may make such investigations as it deems necessary to satisfy itself of the validity of the claim including requesting serial numbers and IMEI numbers for electrical items. The Client must keep the Consignment, its contents and its packaging until the claim has been resolved.
  • 21.2 Except as otherwise provided for by these Conditions of Carriage all claims for compensation for loss or damage, or a refund for delay must be made on a fully completed ASYAD Express claim form which must be received by ASYAD Express within the following timescales from the date of Dispatch: 30  days for all Oman domestic services and international services.
  • 21.3 The Client must respond to any further enquiries made of it by ASYAD Express within 21 days. If the Client does not respond to such enquiries within this timescale, ASYAD Express reserves the right to close the claim.

  • 21.4 In the case of claims for loss and damage, ASYAD Express may take a reasonable amount of time to undertake investigations and search activity.
  • 21.5 Where a Client has requested delivery of a Consignment to a third party for the purpose of that third party delivering the Consignment to the ultimate recipient, that third party’s acceptance of the Consignment shall be proof that the Consignment was delivered undamaged and in accordance with these Conditions and the Guide.
  • 21.6 As part of its security operations ASYAD Express may carry out rigorous checks on Consignments, which may involve X-ray screening, decompression, or in exceptional circumstances, the opening of a Parcel which fails any of the checks outlined In such circumstances ASYAD Express shall have no liability for any resulting compensation or refund claims resulting from any loss, damage or delay even if arising from its negligence. All service guarantees may be suspended and related compensation claims refused if a Parcel is required to be opened after failing any of the checks outlined above.

  • 22.1 ASYAD Express may make payments for Compensation for loss or damage and refunds for delay to the Client by credit. ASYAD Express reserves the right to recover from the Client monies paid for loss or damage compensation to the Client if items are subsequently delivered or recovered. If any payments due to ASYAD Express are outstanding, then ASYAD Express shall have the right to withhold compensation or refund payments until such time as the Client has paid in full.
  • 22.2 In the event an item is returned to sender through no fault of the Client, the Client can claim a whole refund of the shipment charges . A whole or partial refund of postage will not be considered where any of the circumstances set out in Clauses 12 or 18.13 apply.

Compensations & Refunds Table

  • 22.3 Enhanced Compensation for all dispatches. If you have a contract with ASYAD Express you can purchase enhanced compensation for loss or damage across all of the Services for all Consignments Dispatched. Information about insurance can be provided upon request.
  • 22.4 Please note that ASYAD Express does not pay consequential loss.

  • 23.1 ASYAD Express will only use the phone numbers, email addresses (and other Personal Data) of Recipients provided by the Client: (i) to enable ASYAD Express to provide the Services; and (ii) in the manner described in the Privacy Policy.
  • 23.2 Subject to Clause 23.1, ASYAD Express will only disclose the Personal Data obtained in the course of providing the Services to third parties where it is necessary to do so in order to provide the Services and ASYAD Express will ensure that any such third parties are similarly restricted in their use of the Personal Data.
  • 23.3 The Client will inform any Recipient using the Services that their Personal Data will be used in the way described in Clauses 23.1 and 23.2.

  • 24.1 Each party undertakes that it shall not at any time disclose to any person any Confidential Information of the other party or of any member of the group of companies to which the other party belongs, except as permitted by Clause 24.2.
  • 24.2 Each party may disclose the other party’s Confidential Information: to its employees, officers, representatives or advisers who need to know such Confidential Information for the purposes of carrying out the party’s obligations under this Agreement. Each party shall procure that its employees, officers, representatives or advisers to whom it discloses the other party’s Confidential Information comply with this Clause 24 and as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
  • 24.3 No party shall use any other party’s Confidential Information for any purpose other than to perform its obligations under this Agreement.

  • 25.1 This Agreement constitutes the entire agreement between ASYAD Express and the Client. Each party acknowledges that in entering into this Agreement it has not relied on any representation or undertaking, whether oral or in writing, save as expressly incorporated herein.
  • 25.2 This Agreement supersedes the provisions of any previous contract, warranty or representation made or given relating to the Services.
  • 25.3 The terms of this Agreement shall be treated as confidential by both parties and shall not be disclosed to any other party by the Client unless required by lawful authority.
  • 25.4 ASYAD Express may engage agents and/or subcontractors to perform all or any part of the Services.
  • 25.5 The failure of either party to enforce or to exercise at any time or for any period any term of or right arising pursuant to this Agreement does not constitute and shall not be construed as a waiver of such a term or right and shall not affect the party’s right to enforce or exercise it at a later date.
  • 25.6 ASYAD Express may vary any of the provisions of this Agreement at any time (including charges) upon giving the Client 14 days’ notice. No variation of this Agreement shall be effective unless notified.
  • 25.7 This Agreement shall be governed by and construed in accordance with the law of the Sultanate of Oman.
  • 25.8 If any provision of this Agreement shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining provisions of this Agreement which shall remain in full force and effect.
  • 25.9 Further Specific Service Features may be set out in the Guide.
  • 25.10 These Conditions of Carriage take precedence over all other provisions forming part of this Agreement. Although correct at 8th March 2020 ASYAD Express charges, compensation, destinations and other conditions are subject to revision from time to time, and services may be added or deleted.

  • 25.11 ASYAD Express may contact you via the telephone to discuss your account and service portfolio. These calls may be recorded for quality and training purposes.
  • 25.12 ASYAD Express may provide anonymized and aggregated information about its Clients to third party organizations for market research purposes. ASYAD Express will ensure that any such information does not contain any data specific to any Client of ASYAD Express.
  • 25.13 Subject to the other provisions of this Agreement ASYAD Express and the Client agree that they and/or anyone they employ and/or for whom they are responsible will comply with any applicable anti-bribery or anti-money laundering laws and/or regulations in connection with this Agreement and/or any related Services.
  • 25.14 Where ASYAD Express reasonably considers that the Client is in breach of Clause 25.16 they may immediately (in addition to any other rights they may have under this Agreement) by notice:

1-suspend any of the Services and/ or compensation /refund arrangements;

2-and/or treat any Consignments as Undeliverable; and/or terminate this Agreement, any Services;

3-and/or any accounts with the Client, in each case without incurring any liability on the part of ASYAD Express.

  • 25.15 Where ASYAD Express is in breach of Clause 25.16 the Client may (in addition to any other rights they may have under this Agreement) immediately terminate this Agreement, any Services and any accounts with ASYAD Express by notice unless the breach of Clause 25.16 was by an employee of ASYAD Express who was not a director or senior officer nor acting with the consent or connivance of a director or senior officer or was by an agent or subcontractor of ASYAD Express and ASYAD Express arrange for that person to be removed from all involvement with this Agreement and any related Services within 30 days of ASYAD Express becoming aware of the breach.
  • 25.16 Subject to the other provisions of this Agreement ASYAD Express and the Client agree that they and/or anyone they employ and/or for whom they are responsible will comply with any applicable anti-bribery or anti-money laundering laws and/or regulations in connection with this Agreement and/or any related services.