Terms And Conditions

Terms and conditions

Swift Trust Express – Terms & Conditions

These Terms and Conditions (“Terms”) apply to all services provided by Swift Trust Express. By ordering services, you, as the “Shipper”, agree on your behalf and on behalf of anyone else with an interest in the shipment that these Terms shall apply from the time Swift Trust Express accepts the shipment, unless otherwise agreed in writing by an authorised officer of Swift Trust Express.

Your statutory rights and entitlements under any defined service feature (for which additional payment has been made) are not affected.

1. Definitions

  1. Shipment – All documents or parcels that travel under one waybill and may be carried by any means Swift Trust Express chooses, including air, road, or any other carrier.

  2. Waybill – Includes any paper waybill produced by Swift Trust Express automated systems or via the Internet, airway bill, or consignment note, and incorporates these Terms.

Every shipment is transported on a limited liability basis as provided herein.

2. Customs, Exports & Imports

Swift Trust Express may perform any of the following activities on the Shipper’s behalf in order to provide its services:

  1. Complete documents, amend product or service codes, and pay duties or taxes required under applicable laws and regulations.

  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.

  3. Redirect the shipment to Receiver’s import broker or another address upon request by any person Swift Trust Express reasonably believes to be authorised.

3. Unacceptable Shipments

A shipment is deemed unacceptable if:

  1. It is classified as hazardous material, dangerous goods, or prohibited/restricted articles by IATA, ICAO, any applicable government authority, or other relevant organisation.

  2. No customs declaration is made when required by applicable regulations.

  3. Swift Trust Express decides it cannot transport the item safely or legally.

Unacceptable items include, but are not limited to: animals, bullion, currency, bearer negotiable instruments, precious metals and stones, firearms, parts or ammunition, human remains, pornography, and illegal narcotics/drugs.

4. Deliveries & Undeliverable Shipments

  1. Shipments cannot be delivered to PO boxes or postal codes.

  2. Shipments are delivered to the Receiver’s address provided by the Shipper, but not necessarily to the named individual.

  3. Deliveries to addresses with a central receiving area will be delivered to that area.

  4. If delivery is refused, delivery charges unpaid, the shipment undervalued for customs, deemed unacceptable, or if the Receiver cannot be identified or located, Swift Trust Express shall use reasonable efforts to return the shipment to the Shipper at the Shipper’s cost.

  5. If return is not possible, Swift Trust Express may release, dispose of, or sell the shipment without incurring liability. Proceeds of any sale shall be applied to service charges and related costs, with any balance returned to the Shipper.

5. Inspection Rights

Swift Trust Express has the right to open and inspect any shipment without prior notice to the Shipper.

6. Shipment Charges & Billing

  1. Charges are calculated according to the higher of actual or volumetric weight.

  2. Any shipment may be re-weighed or re-measured by Swift Trust Express to confirm calculation.

  3. The Shipper shall pay or reimburse Swift Trust Express for all charges, storage costs, duties, taxes, fines, damages, and expenses incurred in providing services or if the shipment is deemed unacceptable.

7. Liability

  1. Swift Trust Express contracts with the Shipper on the basis that its liability is strictly limited to direct loss only, and to the per kilo/lb limits set out below.

  2. All other types of loss or damage are excluded, including but not limited to loss of profits, income, interest, or future business, even if the risk was brought to Swift Trust Express’s attention before or after acceptance.

  3. Where transport involves more than one mode (air, road, or otherwise), it is presumed that loss or damage occurred during the air portion unless proven otherwise.

  4. Liability per shipment is limited to its actual cash value and shall not exceed the greater of:

    • USD $100, or

    • USD $20.00/kg or $9.07/lb for shipments by air or other non-road transport, or

    • USD $10.00/kg or $4.54/lb for shipments by road (not applicable in the US).

  5. Claims are limited to one per shipment. Settlement shall be full and final.

  6. If these limits are insufficient, the Shipper must arrange its own insurance. Otherwise, the Shipper assumes all risks of loss or damage.

8. Claims & Time Limits

  1. All claims must be submitted in writing to Swift Trust Express within thirty (30) days of acceptance of the shipment.

  2. Failure to submit within this period releases Swift Trust Express from any liability.

9. Shipment Insurance

  1. Transit insurance is not included in shipping rates but is available on request at extra cost.

  2. No shipment shall be deemed insured unless Swift Trust Express confirms in writing prior to dispatch.

10. Delayed Shipments

Swift Trust Express will make reasonable efforts to deliver according to its regular schedules. However, schedules are not guaranteed and do not form part of the contract. Swift Trust Express is not liable for damages or losses caused by delays.

11. Circumstances Beyond Control

Swift Trust Express is not liable for any loss or damage arising from events beyond its control, including but not limited to:

  • Acts of God (earthquake, cyclone, storm, flood, fog)

  • Force majeure (war, embargo, plane crash)

  • Defects related to the nature of the shipment

  • Riot or civil commotion

  • Acts or omissions of Shipper, Receiver, customs, or other government officials

  • Industrial action

  • Electrical or magnetic damage to, or erasure of, electronic or photographic images, data, or recordings

12. International Conventions

If the shipment is transported by air and involves an ultimate destination or stop in a country other than the country of origin, the Warsaw Convention (or other applicable treaty) governs and may limit liability.

13. Shipper’s Warranties & Indemnities

The Shipper warrants and represents that:

  1. All information provided is complete and accurate.

  2. The shipment was prepared in secure premises by the Shipper’s employees.

  3. Reliable staff were employed to prepare the shipment.

  4. The shipment was protected from unauthorised interference during preparation, storage, and transportation to Swift Trust Express.

  5. The shipment is properly marked, addressed, and packaged for safe transportation with ordinary care in handling.

  6. All customs, import, export, and other laws and regulations have been complied with.

  7. The waybill has been signed by the Shipper’s authorised representative, and these Terms constitute binding obligations of the Shipper.

The Shipper shall indemnify and hold Swift Trust Express harmless for any loss or damage resulting from failure to comply with laws or breach of these warranties.

14. Routing

The Shipper agrees to all routing and diversion, including transport through intermediate stopping places.

15. Governing Law & Jurisdiction

These Terms are governed by the law of the country of origin of the shipment. Any disputes shall be subject to the non-exclusive jurisdiction of the courts of that country, unless contrary to applicable law.

16. Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain valid and enforceable.

17. Refunds & Cancellations

  1. Once a shipment has flown, refunds are not available.

  2. Prior to flight, full refunds are available minus administration and return fees.