Terms And Conditions

Smartship Service Terms and Conditions

By pressing the “Agree” button, the customer hereby acknowledges that they have perused and accepted the terms & conditions of this service set out below.
In case of conflict between these terms and conditions and SMSA standard terms and conditions (published on SMSA Express website) or the terms and conditions stated in SMSA air waybill or any other carriage documents, SMSA standard terms and Conditions shall prevail and apply to the extent that they are not in contradiction with the rules relating to air carriage liabilities expressed in the air carriage regulations or international treaties. Non-compliance to impose or apply any of the articles or provisions of these terms and conditions of carriage shall not constitute a waiver of that term or article, or impair in any way SMSA’s right to fulfill or enforce that article or provisions in future.

Account numbers

The client shall have a valid account with Smartship. This account number will be provided to you upon completing the necessary information, submitting your request and verification of your request details by Smartship. If the client or his employees want to send their shipments, they shall hand over their shipments to the selected SMSA branch during the account set up. The client will be legally held responsible for safeguarding the account number and shall not disclose it to anyone other than the persons authorized to ship using that account. The use of the client’s account number by those authorized is at the client’s sole risk.

General Terms

All Air Waybills purchased under this account are valid for use domestically in Saudi Arabia and for one year from the date of purchase transaction. For undelivered or unclaimed shipments, no refund or replacement will be made. SMSA Express Air Waybill is deemed cancelled if any modification, erasure or addition is made to the sender’s information.

SMSA Express Air Waybill may not be returned, modified, extended, replaced or its value claimed if it is lost.

The validity of SMSA Express Air Waybill is for 12 calendar months as of the Air Waybill purchase date. It shall be invalid after its expiry date and the customer shall not be eligible for compensation or replacement of that AWB.

Smartship Account and Air Waybills are for the client’s use only. The client undertakes to use SMSA Express Air Waybills only for licensed business, and not to sell or allow the use of the Air Waybills by any other party. The client acknowledges that he/she will always remain the sole owner and legally responsible for the commodities shipped using the account number assigned to him/her.

If it is proved that the client is misusing the account and the Air Waybills through selling them to a third party or violating these conditions, Smartship shall have the right to decline receipt of shipment, cancel all the Air Waybills purchased by the client and impose a fine of SR 15,000 (fifteen thousand Saudi riyals) on the customer.

The client agrees that Smartship has the right to disclose any Account information to law enforcement authorities, government officials and where Smartship believes it is appropriate to verify compliance with any part of this Agreement

License to use website

Unless otherwise stated, we or our licensors are the owners of the intellectual property rights in the website and the material thereon. All these intellectual property rights shall be retained without prejudice to the license mentioned below.

The customer may view Smartship pages of Smartship website for their business use only. It should be noted that the customer must not re-publish any material from this website (including re-publishing on another website), sell or give out Air Waybills for commercial purposes, edit or modify any material on the website and/or Air Waybill.

Correcting Addresses

The client is entirely responsible for writing the full address, including names, company names, mobile numbers, alternate numbers, selected SMSA Retail Center for shipment drop at origin and collection at destination. However, if the addressee’s address is found to be incomplete or incorrect, SMSA shall not be held accountable for its inability to carry out delivery under these circumstances. Incorrect SMSA Retail Center, non-existing SMSA Retail Center, names of streets and cities are examples of the addresses that need correction.

SMSA shall not be held accountable for not meeting its delivery time commitment for any shipment having an incomplete or incorrect address and in all such cases there is no fixed delivery time.

Billing

The shipping rates published are fixed at the time of purchasing the Air Waybills, SMSA Express will review and amend the rates from time to time and will not refund or claim any variances for pre-purchased Air Waybills.

The client shall select the series and quantity of Airway Bills and pay in advance using the available methods of payments mentioned in the Smartship page on smartship.com.

The customer has the option of printing an invoice of his purchases. A cash receipt will be emailed to the customer within a few days after the paid amount is deposited in Smartship Bank Account.

Using available payment methods mentioned on “Smartship” page of Smartship website, the client is responsible for timely payment of all purchased Air Waybills and for providing Smartship with a valid proof of payment at any time as required by Smartship

The client’s account number which appears in the designated place on the air waybill must be valid.

The client is responsible for accurately filling out the air waybill to ensure the correct entry of shipment information in any automatically operated means of shipping because the number of parcels and weight of every parcel are deemed necessary information for SMSA. If the client does not abide by providing SMSA with the correct data and address, the shipment will be processed according to the number of transported parcels, and the weight of every parcel as amended and adjusted by SMSA. SMSA shall also make the appropriate adjustment to the customer account at any time.

The SMSA terms and conditions of Carriage are also applicable to the client’s employees.

Claims

• All claims due to loss, damage, delay, shortage or deterioration and losses resulting from damage caused by delay or late delivery must be made to SMSA in writing within one week as from the scheduled time of the shipment delivery otherwise the client will forfeit his right to file a claim.
• The client shall furnish SMSA with all the original documents, purchase invoices, copies of AWBs or any other documents related to the shipment in order to assess the value of the shipment. All these documents should be verifiable. SMSA is not obliged to accept any claim unless all the shipment charges are paid and no claim amount shall be deducted from these charges.
• The shipment original packaging cartons and contents shall be retained until they are inspected by SMSA
• Upon shipment receipt, the recipient must ensure that the shipment is intact and the unavailability of a written notice about the patent damage on the delivery receipt is an adequate proof that the shipment was in good condition when delivered.
• If the customer claims that the shipment sustains latent damage not discovered when received, SMSA shall be notified as soon as possible after the discovery of the damage – within no more than 12 hours after delivery time.
• Shock watches, tilt meters or thermometer’s results will not be considered when the damage claim is assessed by SMSA.
• All claims submitted to SMSA by the client must be in writing and accompanied with all the necessary documents and information. The client can use SMSA Express page to log a claim.
• SMSA reserves the right to opt for taking the damaged contents in case of damage claims and insured shipments claims if the insurance company covers the full value of the shipment or the value of the damaged part.
• If the client wishes to insure their shipment, they should undertake to pay 2% of its declared value to SMSA. The client at the “point of shipping” must notify SMSA retail Center executive of his/her desire to insure the shipment and make sure that Air Waybill is amended accordingly by SMSA, insurance amount is paid and payment receipt against the amount paid for insurance is obtained.
• The client agrees that SMSA maximum liability is SR375 for uninsured shipments in case of loss, total or partial damage or misdelivery.
• Non-compliance with any of the above provisions may lead to rejection of claim.

Weight and Volume

SMSA may ask its customers to pay additional charges and reserve the right to check the AWB, the selected service and the parcel/shipment weight. If the recorded selected service or weight is not correct, the RSC executive shall have the right to reject acceptance of the shipment, or if the shipment is accepted, RSC executive shall receive in cash the difference to be paid by the customer. SMSA shall adjust the customer’s account in the appropriate way at any time.

The customer may not use more than one box for each AWB. The box should have a normal size and its actual weight must not exceed 30 kg.

Inspection of Shipments

SMSA may, at its own discretion, open and inspect any shipment at any time without notifying the customer. Government authorities may also open and inspect any shipment at any time without any responsibility towards SMSA.

Liabilities not assumed

No damages will be paid in the following cases:

1. SMSA will not be liable for paying any damages to the customer for loss, late delivery or damage as a result of misinformation by the customer.
2. Non-compliance with any of the terms and conditions contained in SMSA air waybill and the standard terms and conditions of carriage, including, but not limited to incorrect declaration of cargo, improper or inadequate packaging, marking or addressing of shipments; illegal acts by any person , act of war or weather conditions (at SMSA’s discretion), mechanical delay or disruption of air or ground transportation networks, conditions that present danger to SMSA employees, or disruption or failure of communication and information systems, acts or negligence by any person other than SMSA’s. In case of occurrence of any of these events, we will make reasonable efforts to transport and deliver the parcels to their destinations as soon as possible. .
3. SMSA’s failure or inability to provide a copy of delivery record in spite of the fact that the shipment has been delivered to its destination. SMSA is committed to abide by verbal instructions regarding delivery.
4. Erasure, loss or irretrievability of information stored on magnetic tapes, files, or any other storage media, or erasure of photographic images, soundtracks on films exposed to light while in custody of a government authority.
5. Unavailability of ‘package orientation’ graphics (e.g., “Up” arrows and “THIS END UP” marking, or other sender’s instructions on the envelope), or damage arising from the sender’s failure to pack the shipped material properly before shipping e.g. florescent tubes or neon lights, neon sign boards, X-ray tubes, laser tubes, flat monitors (all types) or light bulbs due to their fragile nature.
6. Inability to contact sender or recipient because of incomplete or inaccurate address, lost documentation, or any other reasons.
7. Shipments of perishables or whose contents are perishable and may leak and damage other shipments shall be reported to SMSA. If SMSA is not informed thereof, SMSA shall have the right to claim compensation for the damage done to the shipments and any other expenses.
8. SMSA will not be responsible for any package which SMSA registers do not show that it has been given by the customer.
9. Customer’s non-compliance with displaying package orientation labels which show the nature of the shipment contents.

Refusal or Rejection of Shipments

SMSA reserves the right to refuse, hold or return any shipment if such a shipment in the opinion of SMSA:

1. Is likely to cause damage or delay to other shipments, equipment or employees after SMSA has explained the proper way of sending such shipments.
2. Is prohibited by law inside the Kingdom or abroad or violates any of SMSA standard conditions as amended from time to time, or
3. If the Air Waybill used at the “point of shipment acceptance” at SMSA Retail Center is found to be used previously

Unclaimed Shipments.

If the shipment cannot be delivered for any reason and the client ignored collecting it, SMSA shall have the right to deal with the shipments in whatever manner after the lapse of 3 months from the shipping date as per SMSA applicable regulations; and the customer must pay the return charges if the shipment is returned because it cannot be delivered due to: (e.g. consignee has not paid the customs duties or any other fees imposed on the shipment – consignee refuses to receive the shipment – government authorities refuse to allow the shipment to pass through – addresses are incorrect) and the customer shall have no right to ask for a proof of delivery (POD) after the passage of three (3) months.

Perishable items.

SMSA is not responsible for any shipments that are perishable due to their nature and may be damaged during transporting or should be kept at certain temperatures or for a certain period of time.