Terms and condition
Details of the terms and obligations of the service provider, and the beneficiary
Upon signing the request for shipment of movables, the Consignor agrees to acknowledge, understand and agree to all of the conditions set forth below. The terms and conditions shall constitute the rules and consequences of shipment of movables by KonEX (Hereinafter referred to as KonEX):
- The Consignor acknowledges that the movables are wholly owned by him or has an authorization to carry and sign on behalf of the original owner on all conditions. The Consignor shall be solely responsible for any damage, costs or additional costs incurred by KonEX due to his violation.
- The Consignor must fill all the data on the sticker and the waybill with his knowledge and make sure that the address provided is correct. KonEX is not responsible for the delay, damage or loss resulting from the violation of the Consignor. The Consignor shall indicate the number and type of movables, the necessary methods and precautions that the carrier should take upon the carriage of such movables in accordance with the applicable rules in this regard. The Consignor shall be liable to KonEX and third parties for any damage resulting from the inaccuracy, incorrectness and inadequacy of the information that should be stipulated in the waybill.
- The Consignor’s signature on the waybill without notes or reservations shall be considered as recognition of the validity of the data provided in the waybill.
- First: Prohibited materials:
- Prohibited substances or dangerous materials or materials prohibited to be carried by law, including but not limited to:
- All kinds of drugs and alcohol
- Local or foreign currency such as (Gold – silver – precious metals).
- Fireworks and weapons of all kinds.
- Prohibited publications and materials that contradicts Saudi traditions, ethics, public morals, regulations and laws.
- Materials of unusual value such as works of art, precious stones, metals, etc.
- Commercial papers such as cheques, financial shares, invoices, sukuk, account books, credit cards, treasury bonds, bonds, documents, or seals for items related to disputes, cases or otherwise.
- Materials that are perishable by heat.
- Animals such as purebred horses, cattle, cats, etc.
- Prohibited substances or dangerous materials or materials prohibited to be carried by law, including but not limited to:
- Second: Materials that can only be carried under a special contract Materials that can only be transported under a special contract with KonEX includes:
- Hazardous substances such as toxins and acids.
- Compressed gas cylinders and liquid batteries.
- Flammable and combustible liquids.
- Precious materials such as antiques, jewelry, watches, mobile phones and prepaid sim cards.
- Cameras, television, radio, cassette recorders, video recorders, etc.
- Fragile materials which require a higher set of care in transportation.
- Materials with a value of 500 riyals and more.
- Medical materials that require special care and materials that requires cooling.
In the event that the consignor violates the conditions of carriage by carrying materials that may not be transported or shipping materials requiring a special contract, KonEX will not liable for any damage to the goods or third parties, and the consignor and consignee shall be jointly liable towards KonEX or others for breaching the conditions of the carriage.
- KonEX shall have the complete right to refuse to transfer any movables at its own discretion if there are legal reasons that prevents it from providing such service.
- KonEX reserves the right to refuse the transfer of movables at any time, even after accepting them by informing the Consignor if the movables may cause any delay or damage to other shipments or is against the applicable laws or these conditions.
- In case of doubt, KonEX shall have the right to inspect and open movables to ensure that they are suitable for carriage
- KonEX shall also have the right to open movables after receipt if requested by the competent authorities. Statements made by KonEX upon this matter are considered as a valid proof.
In case of damage to the movables, the consignor and the consignee shall have the right to claim for compensation in writing from KonEX and within one working days from the date of receipt. In the event that the agreed period elapsed without claiming for compensation, it shall be deemed as a waiver and full discharge of KonEX' liability for compensation. Compensation shall be in accordance with the provisions of Article 8 herein.
- The time and place of delivery of the consignment shall be the time and place agreed upon in the waybill. If the time and place of delivery of the consignment are not specified, the time and place shall be as dictated by the customs, practices or customs applicable in the profession, taking into account the circumstances which may lead to any delay.
- Subject to the provisions of Article 7 herein, KonEX shall not be liable for any delay in delivery, wrong delivery, damage or loss of movable property if this occurs due to an act beyond its control or due to the Consignor’s violation of the conditions stated in this policy or the nature of the movables or for emergency conditions or force majeure.
- The delivery of movables to the consignee shall be deemed to be a proof of delivery according to the description stated in the waybill, unless a written notice is delivered by the consignee stating the nature of the loss or damage of the movables within one working day of receipt.
- If the movables are not received by the consignee within 17 days from the date of arrival of the movables in the city of the consignee, the company has the right to dispose of the movables without any liability and the consignor or consignee shall not claim compensation for this matter.
- In the event that the consignee receives the goods without reservation, the right of recourse against the carrier for delay shall be forfeited unless such reservation is sent to the carrier within 21 days of delivery.
- KonEX shall keep a documented record in which the procedures taken to deal with the postal items that could not be delivered for a period of non-less than one calendar year from the date taking the action.
- KonEX shall apply the announced procedures and rules to its platforms and service outlets with postal materials that could not be delivered to their owners due to the refusal of the consignee to receive them or for any other reason by the beneficiary. These rules shall take into account, the number of attempts to be made for the receipt and approval of these rules, and procedures for international rules in this regard.
KonEX is obliged to maintain the confidentiality of the beneficiary’s information for postal services and to protect them from infringement by any means, and take all necessary measures to prevent access to them or to undertake or disclose or publish or modify them in violation of regulations. KonEX is committed not to disclose the information of the beneficiaries unless this disclosure is allowed By virtue of a legal justification in accordance with the regulations in force in the Kingdom, or upon the express consent of the beneficiary, or his official representative in this regard, or upon the direction of the Commission, and shall restrict any access to the information of its beneficiaries and document any access to their information, and identify and define the request for purposes of keeping beneficiaries information, and keep the content of postal items and prohibit the illegally unauthorized to view them.
- The goods shipped shall be tightly sealed by the consignor and packaged in a good manner to allow transport and handling. The Consignor shall be solely liable for loss or damage as a result of poor packaging and handling. If the nature of the goods requires special preparation for carriage, the consignor shall do so in a manner that protects them from destruction and does not expose persons or other objects to damage and shall be liable for any damage resulting from his breach to this obligation.
- The Consignor shall be fully responsible for any damage, loss or additional expenses incurred by KonEX, including storage expenses amounting to (SR .............) per day. The value shall be calculated after 24 hours from the time of the final date of receipt according to Article 6 (d).
- In the event of damage, loss or delay to one of KonEX flights due to the type and content of the movables, the consignor and consignee shall be jointly liable to indemnify KonEX or others for damages.
- The beneficiary of the postal services is entitled to submit his complaint to KonEX within a maximum period of 120 days from the date of filing the postal materials.
- KonEX shall have the right to refer to the beneficiary of the postal service in any money paid on behalf of the beneficiary in respect of the contracted service, after taking the prior consent of the beneficiary to do so, and to submit proof of payment to the governmental authorities.
- KonEX is obliged to process the complaint of the beneficiaries of the postal service within 10 days from the date of submitting the complaint. KonEX shall also send a text message (SMS, Email or paper) regarding the processing of the complaint and provide them with reference numbers and inform them of the developments of the processing of their complaints and the new period expected to finalize processing, taking into account the time limit for handling the complaint.
- KonEX is committed to keep the complaint of the beneficiary of the postal service and all the procedures taken for one calendar year from the date of closing the complaint.
- KonEX is committed to address the complaints of the beneficiaries of the postal services through an electronic system in which the procedures of handling the complaint from the beginning of its submission until its closure are kept and documented.
- Any beneficiary provided with postal materials not belonging to him or has found any, shall notify KonEX through one of the approved means of communication.
- KonEX shall be obliged to keep the contracts of postal services provided to the beneficiaries for a period not less than one calendar year. The burden of proving the beneficiary's consent shall be the sole responsibility of KonEX.
- KonEX shall have the right to destroy, unload and withdraw the movables if necessary, without incurring any compensation to the Consignor for such work.
- KonEX shall be entitled to the cost of carriage for delayed or lost goods that are shipped due to force majeure or error by the Consignor or Consignee or their agents or representatives or because of an underlying or hidden defect in the goods or because of lack of volume or weight during transport due to the nature of the goods transported such as, evaporation, dehydration, maturation or any other reason beyond the control of KonEX which prevents it from executing the terms of the contract. KonEX shall be exempt from liability in all such cases.
- Shipping through KonEX is not covered by insurance and the maximum value of the goods sent for one waybill does not exceed the amount of 500 riyals. If the value of the goods is not provided by the customer in the waybill and invoices indicating the value mentioned on the waybill are not provided before proceeding to shipment, it will be considered as an approval that the goods are worth less than 500 riyals.
- In the event of loss, damage, destruction, damage or damage caused by KonEX , KonEX liability limits shall be compensated on the basis of the value of the example.
- In the event of delay in the delivery of movables on the date agreed upon between the two parties and KonEX is responsible for the delay, the limits of KonEX' liability shall not exceed two and a half times the value of the carriage to be paid for the delayed parts. Such liability shall not exceed the value of the total carriage in accordance with the contract of carriage and provided that the consignor or consignee provide written notification within three days of receipt of the movables in order to claim compensation.
- In the event of indirect damages caused by KonEX due to the damage and destruction of all or some of the movables or loss or delay in delivery on the agreed date such as disruption of the production wheel or the arrival of the goods in the off-season or the loss of profits or the decline in the market value of the movables, KonEX' liability shall be limited in respect of such damages so as not to exceed the value of the carriage, provided that the consignor or consignee shall provide written notification within three days of receipt of the movables to claim compensation. However, in the event that KonEX compensates the consignor for direct damages, its liability is fully exempt from indirect damages and is implicit in the compensation for direct damages.
- The Consignor acknowledges and agrees to exempt KonEX from full liability in the following cases:
- One working day has passed since the consignee received the goods and signed the receipt.
- Delay or refusal to receive the movables by the consignee for more than 17 days from the date of arrival to his city of destination.
- Loss, damage or delay resulting from an error by the consignor.
- Loss or damage caused by mites, vermin and as a result of use and gradual damage and fragmentation.
- Loss or damage due to traffic accidents regardless of the cause.
- Loss or damage due to theft, If it is conducted by a non-employee of KonEX. If theft is conducted by a KonEX employee, its responsibility shall be limited to what is stated in Article 8 (*).
- Loss, damage or delay beyond KonEX' control, such as force majeure, which includes, disturbances by means of land or air transportation due to bad weather, outbreaks of fire, floods, wars, conflicts, security disturbances, government decisions, labor problems or obligations which extends its effects to KonEX.
- The abovementioned conditions and instructions shall apply to all movables and consignments.
- The provisions of this waybill is the basis of the contract, and in the case of a special contract, the provisions of this waybill will remain in force where there is no contradiction with the provisions of the special contract.
- This waybill is an integral part of the relevant regulations in force in the Kingdom of Saudi Arabia and any regulation contradicting to its provisions shall be nullified.