KOKI DELIVERY TERMS AND CONDITIONS OF CARRIAGE

(“Terms and Conditions”)

IMPORTANT NOTICE

When ordering KOKI DELIVERY’s services you, as “Shipper”, are agreeing, on your behalf and on behalf of the receiver of the Shipment (“Receiver”) and anyone else with an interest in the Shipment that these Terms and Conditions shall apply.

“Shipment” means all documents or parcels that travel under one waybill and which may be carried by any means KOKI DELIVERY chooses, including air, road or any other carrier. A “waybill” shall include any Shipment identifier or document produced by KOKI DELIVERY or Shipper automated systems such as a label, barcode, waybill or consignment note as well as any electronic version thereof. Every Shipment is transported on a limited liability basis as provided herein. If Shipper requires greater protection, then insurance may be arranged at an additional cost. (Please see below for further information). “KOKI DELIVERY” means any member of the KOKI DELIVERY Express Network.

1 Customs Clearance

KOKI DELIVERY may perform any of the following activities on Shipper’s or Receiver’s behalf in order to provide its services : (1) complete any documents, amend product or service codes, and pay any duties, taxes or penalties required under applicable laws and regulations (“Customs Duties”), (2) act as Shipper’s forwarding agent for customs and export control purposes and as Receiver solely for the purpose of designating a customs broker to perform customs clearance and entry and (3) redirect the Shipment to Receiver’s customs broker or other address upon request by any person who KOKI DELIVERY believes in its reasonable opinion to be authorized.

2 Unacceptable Shipments

A Shipment is deemed unacceptable if:

• no customs declaration is made when required by applicable customsregulations,
• it contains counterfeit goods, animals, bullion, currency, gem stones; weapons, explosives and ammunition; human remains; illegal items, such as ivory andnarcotics,
• it is classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), ADR (European Road Transport Regulation on dangerous goods) or other relevant organization (“Dangerous Goods”),
• its address is incorrect or not properly marked or its packaging is defective or inadequate to ensure safe transportation with ordinary care inhandling,
• it contains any other item which KOKI DELIVERYdecides cannot be carried safely or 

3 Deliveries and Undeliverables

Shipments cannot be delivered to PO boxes or postal codes. Shipments are delivered to the Receiver’s address given by Shipper but not necessarily to the named Receiver personally. Shipments to addresses with a central receiving area will be delivered to that area.

KOKI DELIVERY may notify Receiver of an upcoming delivery or a missed delivery. Receiver may be offered alternative delivery options such as delivery on another day, no signature required, redirection or collection at a KOKI DELIVERY Service Point. Shipper may exclude some delivery options on request.

If the Shipment is deemed to be unacceptable as described in Section 2, or it has been undervalued for customs purposes, or Receiver cannot be reasonably identified or located, or Receiver refuses delivery or to pay Customs Duties or other Shipment charges, KOKI DELIVERY shall use reasonable efforts to return the Shipment to Shipper at Shipper’s cost, failing which the Shipment may be released, disposed of or sold without incurring any liability whatsoever to Shipper or anyone else, with the proceeds applied against Customs Duties, Shipment charges and related administrative costs with the balance of the proceeds of a sale to be returned to Shipper. KOKI DELIVERY shall have the right to destroy any Shipment which any law prevents KOKI DELIVERY from returning to Shipper as well as any Shipment of Dangerous Goods.

4 Inspection

KOKI DELIVERY has the right to open and inspect a Shipment without notice for safety, security, customs or other regulatory reasons.

5 Shipment Charges and Fees

KOKI DELIVERY’s Shipment charges are calculated according to the higher of actual or volumetric weight per piece and any piece may be re-weighed and re-measured by KOKI DELIVERY to confirm this calculation.

Shipper, or the Receiver when KOKI DELIVERY acts on Receiver’s behalf, shall pay or reimburse KOKI DELIVERY for all Shipment or other charges due, or Customs Duties owed for services provided by KOKI DELIVERY or incurred by KOKI DELIVERY on Shipper’s or Receiver’s behalf. Payment of Customs Duties may be requested prior to delivery.

If KOKI DELIVERY uses its credit with the Customs Authorities or advances any Customs Duties on behalf of a Receiver who does not have an account with KOKI DELIVERY, KOKI DELIVERY shall be entitled to assess a fee.

6 KOKI DELIVERY’s Liability

• KOKI DELIVERY’s liability in respect of any one Shipment transported by air (including ancillary road transport or stops en route) is limited by the Montreal Convention or the Warsaw Convention as applicable, or in the absence of such Convention, to the lower of (i) the current market or declared value, or (ii) 22 Special Drawing Rights per kilogram (approximately $US 30.00 per kilogram). Such limits shall also apply to all other forms of transportation, except where Shipments are carried only by road, when the limits below apply.

For cross border Shipments transported by road, KOKI DELIVERY’s liability is or shall be deemed to be limited by the Convention for the International Carriage of Goods by Road (CMR) to the lower of (i) current market value or declared value, or (ii) 8.33 Special Drawing Rights per kilogram (approximately $US 11.00 per kilogram). Such limits will also apply to national road transportation in the absence of any mandatory or lower liability limits in the applicable national transport law.

If Shipper regards these limits as insufficient it must make a special declaration of value and request insurance as described in Section 8 or make its own insurance arrangements.

KOKI DELIVERY’s liability is strictly limited to direct loss and damage to a Shipment only and to the per kilogram limits in this Section 6. All other types of loss or damage are excluded (including but not limited to lost profits, income, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to KOKI DELIVERY’s attention.

• KOKI DELIVERY will make every reasonable effort to deliver the Shipment according to KOKI DELIVERY’s regular delivery schedules, but these schedules are not binding and do not form part of the contract. KOKI DELIVERY is not liable for any damages or loss caused by delay, but for certain Shipments, Shipper may be able to claim limited delay compensation under the Money Back Guarantee terms and

7 Claims

All claims must be submitted in writing to KOKI DELIVERY within thirty (30) days from the date that KOKI DELIVERY accepted the Shipment, failing which KOKI DELIVERY shall have no liability whatsoever. Claims are limited to one claim per Shipment, settlement of which will be full and final settlement for all loss or damage in connection therewith.

8 Shipment Insurance

KOKI DELIVERY may be able to arrange insurance covering the value in respect of loss of or damage to the Shipment, provided that the Shipper so instructs KOKI DELIVERY in writing, including by completing the insurance section on the front of the waybill or by KOKI DELIVERY’s automated systems and pays the applicable premium. Shipment insurance does not cover indirect loss or damage, or loss or damage caused by delays.

9 Circumstances Beyond KOKI DELIVERY’s Control

KOKI DELIVERY is not liable for any loss or damage arising out of circumstances beyond KOKI DELIVERY’s control. These include but are not limited to electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings; any defect or characteristic related to the nature of the Shipment, even if known to KOKI DELIVERY; any act or omission by a person not employed or contracted by KOKI DELIVERY – e.g. Shipper, Receiver, third party, customs or other government official; “Force Majeure” –

e.g. earthquake, cyclone, storm, flood, fog, war, plane crash, embargo, riot, civil commotion, or industrial action.

10 Shipper’s Warranties and Indemnities

Shipper shall indemnify and hold KOKI DELIVERY harmless for any loss or damage arising out of Shipper’s failure to comply with the following warranties and representations:

• all information provided by Shipper or its representatives is complete andaccurate;

• the Shipment is acceptable for transport under Section 2above;

• the Shipment was prepared in secure premises by reliable persons and was protected against unauthorized interference during preparation, storage and any transportation toKOKI DELIVERY;

• Shipper has complied with all applicable customs, import, export, data protection laws, sanctions, embargos and other laws and regulations; and

• Shipper has obtained all necessary consents in relation to personal data provided to KOKI DELIVERYincluding Receiver’s data as may be required for transport, customs clearance and delivery, such as e-mail address and mobile phone 

11 Routing

Shipper agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places.

12 Governing Law

Any dispute arising under or in any way connected with these Terms and Conditions shall be subject, for the benefit of KOKI DELIVERY, to the non-exclusive jurisdiction of the courts of, and governed by the law of the country of origin of the Shipment and Shipper irrevocably submits to such jurisdiction, unless contrary to applicable law.

13 Severability

The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions.

Further information is available on the KOKI DELIVERY website (www.kokidelivery.com) or from KOKI DELIVERY Customer Service.