- the transport of document, i.e. any paper sans.valor sending commercial within the meaning of the customs services.
- the transport of any parcel and other which are not dealt with within the framework of the service documents.
The services are assured exclusively according to conditions' here after definite that the contracting one states well to know to which it states to adhere fully and who prevail on all other conditions being able to be reproduced on the commercial documents of the contracting one.
1. Any engagement or forwarding is worth general acceptance by the shipper of these conditions. No employee MADPACK or of the shipper has the right either to change or to modify conditions stated hereafter MADPACK could not be held by an unspecified agreement tending to modify the present conditions except so that this agreement or concluded in writing under the signature from the one from the persons in charge duly competent. In the absence of such an agreement tending to modify the present conditions those will constitute convention between MADPACK and its customer.
2. The shipper will be held to provide an exact description of the character and contents of his sending, which it guarantees not to be likely to contravene an unspecified legal or lawful provision applicable either in the country of sending or in that of destination, or still in a country with through which this one must be transported.
The shipper authorizes MADPACK to be filled on his behalf and starting from information which is provided to him, all documents necessary to intervene itself as customs broker or to call upon another customs broker.
3. MADPACK reserves the right to check the nature and the contents of the documents and parcels which are entrusted to him by its customers or third, like refusing to convey or continue the transport of an unspecified article even after signature of this contract, if it appears to him to be likely to contravene the present conditions or to cause property damages with equipment or the personnel of MADPACK or to delay the routing of other sendings.
The fact however of not carrying out such a control a priori would know in no way of constituting a downstream given to the shipper who only remains responsible for his declarations.
The shipper guarantees under his responsibility which the sending is conditioned adequately to protect the goods which it contains and to allow a transport in full safety under normal conditions of treatment.
4. MADPACK does not guarantee only one unspecified article that it agrees to convey can be it without carrying infringement to the regulation of an unspecified country or state from which or through which or towards which the article could be transported.
5. MADPACK will make all its efforts in order to deliver its customer sending in accordance with any time by it indicated. However, IT IS AGREED EXPRESSEMENT that any delivery date is given only as an indication and MADPACK could not be been liable in the event of delay whatever the origin of this one.
6. It is specified that the sendings will be invoicees according to their volume weight, governed by conventions of air transport, namely: weight chargeable volume =
7. Except prior agreement of term of payment, the invoices are entirely payable CASH A RECEPTION without discount instead of their emission. Any partial payment will be charged initially to the nonprivileged part of the credits. Non-payment in the only one term will carry without formality acceleration, the balance in front of immediately exigible even in the event of acceptance from effects.
Penalties will be applied if the sums due would be versed after the expiration dates being reproduced on the invoice. These penalties are of a rising equivalent to that which results from the application of a rate equal to once and half the legal rate of interest.
8. MADPACK preserves in all the cases a right of lien and preferably general and permanent on the goods and documents object of the sending, in guarantee of all its very credits born in connection with operations former or even foreign with the goods and documents selected.
9. The shipper remains responsible for any loss, damage or expenses caused by non-observance by him of the obligations imposed by the present conditions or having for origin his own negligence. MADPACK could not be held responsible for an unspecified imposed penalty or loss caused following the sendings of the customer by the customs or any similar organization and the shipper guarantees to raise unscathed MADPACK of the amount of any penalty or charges that this one would be brought to support because of event such as above.
10. It remains exclusive responsibility for the shipper to write a physical address, as well as N° of telephone, Fax or Email of the recipient. MADPACK does not accept any sending whose only address is a P.0. box.
11. MADPACK only agrees to convey the sendings which are the property of its customers and the shipper guarantees that it is duly entitled and that it accepts the present conditions acting, not only for his own account, but also for the account of any other person by whom he would be elected. The shipper commits himself by the present ones compensating MADPACK for the total amount for any damage, damage interests, costs and expenses which could be the result of an unspecified failure to the guarantee subscribed by its customer to the present condition.
12. The Tariffs indicated by MADPACK to the customer for the sendings to international are excluding VAT. All the sendings are carried out in port paid net of tax rights and with destinations and more generally other than all lawful taxes and any cost or expenses resulting which are invoicees with the recipient.
13. The responsibility for MADPACK for the sendings which it agrees to convey will be limited for the loss, flight or destruction on the basis of convention of Warsaw or CMR is: 17 SDR per kg approximately 17.80 €/ kg with a maximum of 87 €. The parts are appropriate expressly that the expression indirect loss includes/understands without restriction any commercial, financial loss or another indirect loss including the losses of topicality or loss of earnings.
14. Any complaint formulated by a customer against MAPDACK under the terms of present will have to be notified in writing by this one at office MADPACK having accepted the sending in the 8 (eight) days starting from the handover date of the sending. No complaint could be formulated against MADAPCK beyond this limit and will be admissible only if the total amount of transport were completely discharged, any possibility of compensation being excluded. Any action against MADPACK will be prescribed beyond one one year period as from the handover date of the document or in the event of nonpresentation of the object transported to the recipient as from the date of emission of the letter of transport.
15. No object having an unspecified commercial value is likely to be the subject of a sending by the service DOCUMENT only will be likely to be the subject of such a sending the nonnegotiable values of any kind other than all the mails having a personal or deprived character of any photography or negative, plans, copies, reverse tracings, discs or magnetic tapes recorded or not, and in the condition express in all the cases which the shipper preserved the means of ensuring the reproduction or the reconstitution of it.
16. To in no case MADPACK will not agree to convey banknotes, stamps - stations of collection or tax or different, the titles of values or effects negotiable, including the bank checks or of voyage not cancelled, the mandates, the payment orders or ackowledgement of debt, nor still the documents or supports has character obscene or pornographic and the documents and supports in political matter which would be natural with enfreindre an unspecified applicable regulation in one of the countries of which, towards which or through which the sending must or could be transported.
17. MADPACK does not agree to convey by PARCEL EXPRESS TRAIN in more of the categories of articles of which it is made mention above, the matters dangerous, hazardous, combustible or explosive, the products liquid, in paste, out of powder, acids, poisons, gas, generators of a magnetic field or radioactive, the weapons with fire, the military and assimilated material, the pharmaceutical products, the apparatuses of plays, the cosmetics, alcohol and the tobacco, gold or the bullion in currency or in any other form, platinizes it and other noble metals and semi-precious, including commercial carbons or industrial diamonds, them currency of unspecified states, antiquities, tables, beings alive or dead, plants or perishable goods.
18. On the assumption that a shipper would give to company MADPACK such a sending, it is committed compensating this one for any complaint damages, expenses or penalties which it could be led to discharge.
19. MADPACK will give the sendings only to the only recipient mentioned to the recto of this document.
20. MADPACK is not air transport or road within the meaning of the convention of Warsaw and CMR and conventions and treaties which make him continuation, and acts only as quality of agent of the shipper when it gives the goods has a conveyor.
21. For all disputes the exclusive responsibility is allocate by contract to the commercial court of Antananarivo.