GAIDO EXPRESS TERMS AND CONDITIONS OF CARRIAGE
The following definitions apply to the Terms and Conditions set out below that govern this contract of carriage between Gaido and you as the Client.
\"Gaido\" : means subsidiaries, affiliates of Gaido and their respective employees, and agents
\"Client\" and \"you\" : Means the owner of the goods and/or documents or any person or entity having a legal interest in the goods or documents
\"Good\" : means any package, parcel or piece of freight given to or accepted by Gaido for carriage or transported under Gaido consignment note.
\"Document\" : means any envelope, letter or any form of documents accepted by Gaido for carriage or transported under Gaido cosignment note
\"Prohobited Items\" : Means any goods or materials of which is prohibited by law, rule or regulation of any country in which the shipment travels.
2. Acceptance Provision
The client hereby agree to be bound to Gaido Express Terms and Conditions of Carriage by the time the Client, on behalf of themselves or anyone else who has an interest in the goods and/or documents, gives, provides, submits the goods and/or documents to Gaido irrespective or wheteher the Client has signed the front of Gaido consignment note or not, Gaido Express Terms and Conditions also cover anyone that Gaido uses to collect, transport or deliver the Client\'s goods and/or documents.
3. Procedures of Shipment
a. Gaido reserve full discretion whether to accept or reject any goods and/or documents to be delivered.
b. Gaido has the right to ship goods and/or documents owned by the Client through the routes and procedures using any transportation company by means of proper handling, warehousing and transporting according to Gaido policy.
c. The packaging for transportation of the Client\'s documents and goods is the Client\'s responsibility including placement of document or goods into a bag or container which may be provided by Gaido. Gaido may, without any responsibility to pack up the goods and/or documents in a proper manner to ensure proper handling and in case a special packaging is needed, additional charges for such special packaging shall apply to the Client and the Client hereby agrees to pay such charges to Gaido.
d. Gaido is not responsible whatsoever for any losses or damages of documents and goods due to improper packaging work by the Client.
e. The Client is responsible to state the complete address of destination, the type(s) of goods or the table of content to ensure proper delivery of documents and/or goods. Gaido, however, will always make all reasonable efforts to find the correct address if the address given by the Client is incorrect. Additional charges may apply if the correct address is different with the one stated in consignment note.
f. Gaido is not responsible for the delay, losses, damages and any costs incurred due to negligence and mistakes of the Client in meeting the obligations stated above.
4. Dangerous Goods/Security
a. The Client shall declare any dangerous goods before submitting the dangerous goods to Gaido for delivery.
b. Except as stated in letter (c) below, Gaido does not carry dangerous goods and has the right to reject or return the dangerous goods to the Client.
c. gaido may at Gaido discretions accept some dangerous goods for carriage. The Client however will always be responsible for any damages, legal consequences and losses occur from delivering such dangerous goods. The goods will only be accepted if they comply with the applicable laws, regulations and Gaido requirement.
Air Cargo Security
d. The Client shall provide Gaido with full description of the goods and must ensure and certify that the goods being delivered by Gaido do not contain any prohibited items as stated in the prevailing regulations that govern aviation security.
e. The Client agrees and understands completely that the goods might be examined for security reasons including using the X-Ray Equipment and the Client hereby release Gaido from any responsibility if any damages and/or losses occur from such security screening process.
f. Gaido do not accept prohibited items
5. Compensation, Limits, and Exclusion of Liability
a. Gaido is only liable to compensate any losses suffered by the Client due to the damages or losses of the document or goods submitted for shipment by Gaido as long as the loss happens while the goods or documents are within Gaido control, and caused by the negligence of Gaido employees or agents.
b. Gaido limits its liability for compensation of damages or losses of documents or goods as contained in the above letter (a) not to exceed 10 times shipping expenses or its equivalent, for each for shipment destined within Indonesia and US$ 100.00 or its equivalent for shipment destined to country outside Indonesia.
c. Gaido is not liable for any consequantial or special damage or loss (including loss of income, profits, markets, reputation, use of contets or loss of an opportunity) or other indirect loss arising from the loss, damage, delay, misdelivery or non-delivery of the Client shipment.
d. Gaido is not liable if the Client shipment or any part of it is lost, damaged, delayed or mis-delivered or not delivered at all as a result of:
i. Circumstances beyond Gaido control such as (but not limited to):
1. acts of God including earthquake, flooding, fire, desease or storm;
2. force majeure including war, accidents, or acts of public enemies;
3. national or local distruptions in air or ground transportation networks.
ii. The Clients acts or omissions or those of third parties such as:
1. the Client in breach of their obligations under these terms and conditions;
2. the contents of the shipment consisting of any article that is prohibited item even though Gaido may has accepted the shipment by mistake.
The Client may purchase insurance from Gaido to cover against all risks of loss and damage during the shipment The Insurance, however, does not cover losses of a consequantional nature or delays or where the loss has arisen as a result of the Client breach of their obligations under these Terms and Conditions.
7. Claims Procedure
A claim can only be accepted at the least 10 working days as of the date when the goods and/or documents ought to have been received at the point of destination.
8. Rates and Payment
The Client aggress to pay Gaido an amount as set out in Gaido current rate card or any other amount agreed between the Client and gaido prior to the delivery. The Client shall have paid Gaido within 10 days from the date of Gaido invoice. Any import duties, value added taxes on goods and all other charges levied on the shipment in the destination country shall be payable to Gaido by the receiver or if agreed by the Client or if the receiver refuses to pay, the Client is obliged to pay these amount in full within 10 days of Gaido notifying you that the receiver has not paid.
9. Laws and Jurisdiction
Disputes arising from these Terms and Conditions shall be subject to the laws of the Republic of Indonesia and the Parties agree to choose their legal domicile at South Jakarta District Court.
Gaido is not an airline company which is subject to the provision of the Warsaw Conference of 1929, Gaido operates as agent of the Client at the time it shps documents or goods through certain airline company. Without any prejudice towards Client\'s general rights. Gaido is entitled to claim some compensation from the airline company for any loss or cost incurred by the Client.