Express Shipping Services
These Terms and Conditions (“T&Cs”) shall apply to any and all Services provided by Malca-Amit USA LLC, (“Malca-Amit”) for Customer; and no other terms shall apply.
Definitions and Interpretations: Definitions of terms used in these T&Cs are as follows:
- “Consignee” refers to the consignee designated by Customer.
- “Courier” shall mean a courier company (such as FedEx, UPS and DHL) approved by Malca-Amit.
- “Customer” means the company which is registered on the MAEX-Website.
- “Declared Value” means the value declared to Malca-Amit on the MAEX Website.
- “Destination” refers to the Consignee’s address as designated by Customer.
“Excluded Property” refers to:
- fine art;
- all types of fragile articles that are physically weak or delicate and can easily be broken or damaged, including but not limited to statuary, marble, glassware, vases, porcelains, bric-a-brac, hourglasses, figurines and items made of coral or jade;
- banknotes currency, numismatic and semi numismatic coins, bonds, bearer bonds, non-negotiable securities, documents; and
- perishable goods of any and all kinds.
- “HOLD Shipment” means a Shipment within the USA, where Customer has instructed Malca-Amit to hold the Shipment at a designated office of the Courier (where available) for pick-up by the Receiving Party at Courier’s office (“Designated Courier Office”).
- “Liabilities” means Loss, claims, losses, liabilities, including but not limited to those arising from Loss, and costs (including the reasonable costs of investigating and defending any claims), expenses, orders, awards, fines, penalties, proceedings and judgments of whatsoever nature.
- “Loss” means physical loss of, damage to, or mis-delivery of Shipment, occurring during the Period of Responsibility.
- “MAEX Website” refers to Malca-Amit’s website for Services.
“Maximum Liability Limit” means, unless otherwise agreed in writing for:
- Precious Stones and Jewelry and Precious Metals: (A) any one Shipping Box (1) USD 150,000 (one hundred fifty thousand) for a domestic Destination; and (2) USD 50,000 (fifty thousand) for a Destination abroad; and (B) any one Shipment (which can comprise multiple Shipping Boxes) sent to a single Destination on any one day USD 150,000 (one hundred fifty thousand).
- Other Property: USD 10,000 (ten thousand) for any one Shipping Box/Shipment sent to a single Destination on any one day;
- HOLD Shipment: USD 50,000 (fifty thousand) for all Shipping Boxes/Shipments to the same Designated Courier Office on any one day.
"Property" refers to the following items tendered to Malca-Amit for Services:
- Precious Stones and Jewelry meaning polished and cut diamonds, precious and semi-precious stones, jewelry and watches; and
- Precious Metals meaning bullion said to be gold, platinum, silver or other precious metals in any form (including bullion coins); and
- Other Property meaning fashion watches, fashion goods, leather goods, wearing apparel, household items, small consumer electronic goods and non-fragile decorative items.
- “Receipt” refers to a written or an electronic receipt, acknowledging receipt of a Shipment.
"Receiving Party" refers to
- a person or entity designated by a Consignee as authorized to accept delivery of a Shipment; or
- any apparent representative of the Consignee (including a concierge, doorman, front desk clerk, security guard, residential occupant, or any mailroom clerk), or
- a common or private or contract carrier; or
- a governmental postal authority, appraiser, customs authority, diamond office or other authority.
- “Services” means services as set forth in clause 2 for which a Shipping Instruction is issued.
- “Service Fees” means the fees notified to Customer by Malca-Amit.
- “Shipment” refers to one or more Shipping Boxes shipped from one location to a single Destination at any one time.
- “Shipping Box” refers to a properly and securely sealed outer shipping box provided by the Courier (or other type of packing or box explicitly approved in writing by Malca-Amit prior to tendering the Shipment to the Courier) which is said to contain Property.v
- “Shipping Instruction” refers to information and details provided by Custovmer on the MAEX Website.
- “T&Cs” means the terms and conditions set forth herein.
Available Services: Malca-Amit is under no obligation to provide Services. Customer may request any of the Services described below:
- Drop-Off Service: Customer shall tender the Shipment to Malca-Amit at a Malca-Amit location for transportation to Consignee by Courier.
- Pick-Up Service: Malca-Amit shall pick-up the Shipment from the pick-up location designated by Customer for transportation to Consignee by Courier.
- Remote Service: Customer shall directly tender the Shipment to Courier for transportation to Consignee, and Customer shall prior to tendering a Shipment to Courier (i) submit the required Shipping Instruction on the MAEX Website or to Malca-Amit; and (ii) not tender the Shipment to Courier until Malca-Amit has accepted the Shipping Instruction on the MAEX Website or in writing.
Period of Responsibility:
- Malca-Amit’s Period of Responsibility commences (i) for Drop-Off Service or Pick-Up Service: When Malca- Amit has taken physical possession of the Shipment and issued a Receipt; (ii) for Remote Service: When (A) Malca-Amit has accepted the Shipping Instruction as per clause 2c; and (B) the approved Courier has taken physical possession of the Shipment and issued a Receipt. In the event that the Shipping Instruction has not been accepted by Malca-Amit on the MAEX Website, or a Receipt has not been issued, Malca-Amit shall have no Liability whatsoever or howsoever arising (including for negligence) for such Shipment (without prejudice to the generality of the foregoing, Malca-Amit’s Liability arising from or relating to such Shipment shall be limited to the lesser of USD 100 (one hundred) and the actual damage sustained).
- Malca-Amit’s Period of Responsibility shall terminate when the Receiving Party has accepted physical delivery of the Shipment and signed a Receipt. “Delivery” of a Shipment shall be conclusively evidenced by a signed Receipt being given by the Receiving Party. If at the time of Delivery, the Receiving Party does not make a notation on the Receipt of loss, damage or tampering to the Shipment, then (i) lack of such notation shall be conclusive proof that the Shipment was delivered intact, with seals intact, in good order and condition, and without shortage, damage or loss; and (ii) the Receipt shall constitute final and absolute release of all undertakings, obligations and liabilities of Malca-Amit.
- Notwithstanding clause 3.b, in the event that a Shipment is deposited at Destination, based upon a release signature on file with Courier, and hence no signature is obtained from the Consignee, then (i) Malca- Amit’s Period of Responsibility shall terminate upon deposit of the Shipment at Destination or at any other location authorized under the release signature, and (ii) the Shipment shall be deemed an intact Delivery as provided in clause 3.b.
- Notwithstanding clause 3.b, for any HOLD Shipment, Malca-Amit’s Period of Responsibility shall ultimately terminate on the day following the arrival of the HOLD Shipment at the Designated Courier Office if the Consignee/Receiving Party has not picked up the Shipment before then.
- No or Inaccurate Declared Value: In accordance with clause 9.b, Customer undertakes to correctly declare the value of the Property said to be included in a Shipment. Customer therefore expressly agrees to be estopped and/or barred from asserting for any purpose whatsoever, including in any legal proceedings, that the value of the Property is greater than the Declared Value. In the event Customer has mis-declared the value of the Property said to be included in a Shipping Box and/or Shipment (including without fault of Customer), Customer waives any claim it may have that the value of the Property is greater than the Declared Value and Customer shall hold harmless and promptly indemnify Malca-Amit for any and all liabilities and costs incurred as a result of the incorrect or lack of the Declared Value, including but not limited to any administrative, litigation or investigatory costs.
Limitations of Liability: Notwithstanding clause 5; Malca-Amit’s liability for the affected Property shall never exceed the lesser of the:
- actual Loss sustained; and
- the Declared Value; and
- the Invoice Value if no Declared Value has been provided; and
- the Maximum Liability Limit (as applicable); and
- USD 1,000 (one thousand) if neither a Declared Value nor an Invoice Value have been provided; and
- in the event of a partial Loss to a Shipment which comprises of multiple Shipping Boxes, and no value can be evidenced for each individual Shipping Box, the average value per Shipping Box which is calculated by dividing the Declared Value for the entire Shipment with the total number of Shipping Boxes included in the Shipment.
Acknowledgments: Customer acknowledges that:
- Malca-Amit may, in its absolute discretion, choose to subcontract the whole or any part of the Services on any terms whatsoever;
- every employee, agent or subcontractor performing Services is entitled to benefit from these T&Cs, including every limitation and defence to which Malca-Amit is entitled;
- Malca-Amit shall be under no obligation whatsoever to ascertain or check the contents of any Shipping Box;
- the Shipment may be the subject of controls and checks, including security controls, by any governmental authority or other agency having legal jurisdiction over the relevant matter, which may involve such governmental authority or other agency opening and inspecting the Shipping Boxes, and agrees that Malca- Amit will submit to all required controls and checks;
- Malca-Amit is required to maintain copies of documents issued in relation to the Shipment in accordance with applicable laws;
- civil and criminal penalties, including forfeiture and sale, may be imposed for making false or fraudulent statements relating to the Property or any person who has or may have an interest in the Property or for the violation of certain applicable laws;
- Customer retains ultimate responsibility and liability for all taxes, freight, duties, charges and other expenses, as well as any penalties, relating to the Shipment (collectively referred to as “Duties”) and agrees that in the event Malca-Amit pays any Duties, Customer shall promptly reimburse and hold Malca-Amit harmless from all Duties and incurred liabilities together with reasonable expenses (including attorney’s and legal fees);
- Malca-Amit assumes no obligations of any kind other than expressly set forth in these T&Cs.
Warranties and Representations: Customer warrants and represents that:
- Customer is either the owner or the authorised agent of the owner of the Property;
- Property shall only consist of the specified types of Property set out in clause 1.l, and Customer shall under no circumstances whatsoever include Excluded Property:
- Customer is authorised to accept these T&Cs not only for itself, but also as agent for, and on behalf of all other persons or entities who are or become interested in the Property, and to bind each of said interested persons or entities to these T&Cs;
- the Property does not constitute illegal items or contraband and its transport or handling is not prohibited by any applicable laws (including federal, state, provincial, municipal and local) or treaties, nor is the Property dangerous, corrosive or otherwise capable of causing damage of any type;
- none of the activities or operations requested by Customer under these T&Cs are in any way linked to money laundering or terrorist activities; and
- properly and accurately describe and never conceal or misrepresent any fact or circumstance concerning the Property;
Undertakings: Customer undertakes to:
- neither the receipt, nor the handling, nor the delivery of the Property exposes Malca-Amit, its employees, agents, or subcontractors to any sanction, prohibition or penalty (or risk thereof) imposed by any governmental organization or relevant authority.
- declare the Property’s full actual value as the Declared Value;
- maintain a complete written record of all Property included in any Shipping Box;
- properly pack the Property to withstand the rigours of transportation, and so as not to be susceptible to damage during transit by land or air;
- correctly and distinctively label, complete and address all shipping documents, labels and supporting documentation (such as invoices, custom clearance authorizations, and any documents required by Courier);
- ensure that no reference is made to jewelry or valuable goods in the shipping documents and labels, which includes avoiding stating names and abbreviations that suggest the Shipment contains valuable goods (for the avoidance of doubt, “GIA” should not be used and Customer and/or Consignee names need to be considered carefully. Property should be described using harmonized codes);
- only tender Shipments for Service to Couriers specified and approved by Malca-Amit;
- not tender Shipping Boxes and Shipments, which exceed (as applicable) the respective Maximum Liability Limit;
- keep the original Receipts issued by the Courier for any Shipment;
- ensure that Consignee is available to accept delivery of a Shipment at Destination at the anticipated date of delivery;
- provide whatever further information may reasonably be required by Malca-Amit or any governmental organization with respect to the Shipment; and
- secure and provide all necessary permits, franchises, licenses or other authorizations required to lawfully effect the exportation or importation of the Property.
- Indemnification: Customer shall hold harmless and promptly indemnify Malca-Amit against any and all damages, losses, expenses (including attorney fees), penalties, fines, liabilities and/or claims howsoever assumed, incurred or suffered by Malca-Amit, its employees, agents or subcontractors as a result of or in connection with (i) any claim made by Customer or any third party (including the owner of the Property, any other person who is or may become interested in the Property, or any authority) arising from or in connection with the Services, to the extent such claim exceeds Malca-Amit’s liability to Customer under these T&Cs; and (ii) a breach by Customer of any terms of the T&Cs, including the aforementioned representations, warranties and undertakings.
- Insurance: Malca-Amit is neither an insurer nor an insurance intermediary nor an insurance broker hereunder.
- Customer shall under no circumstances submit any claim to a Courier.
- Any notice of claim must be made in writing to Malca-Amit upon discovery of any Loss, immediately without undue delay, but in no event more than 14 (fourteen) days from the date the Shipment was delivered or should have been delivered.
- Customer hereby authorises Malca-Amit or its designated representatives to handle any and all matters relating to a claim for Loss of a Shipment pursuant to these T&Cs with the responsible Courier and shall execute any documentation required to effectuate this authorisation.
- A lawsuit must be brought against Malca-Amit within six (6) months after either Malca-Amit or the Courier (as the case may be) received the Shipment at the place of departure. If such notice of claim is not made, and lawsuit is not commenced within time specified in this clause, then any claim for Loss relating to the affected Shipment shall be deemed waived and Malca-Amit is forever released from any such claim for Loss.
- Entire Agreement: These T&Cs comprise the complete and exclusive agreement between the parties, and supersede and replace any previous agreement for Services between the parties (which previous agreement is hereby terminated). These T&Cs can only be modified or amended in writing, signed by both parties hereto or by electronic acceptance on the MAEX Website.
- Waiver: The failure to insist upon strict compliance by either party with respect to any of these T&Cs shall not be deemed a waiver or relinquishment of any such term or condition, nor shall any failure to exercise any right or power hereunder at any one or more times be deemed a waiver or relinquishment of such right or power at any other time or times.
- Severability: If any provision contained or referred to herein is declared by a competent court to be contrary to applicable law or otherwise invalid or unenforceable, the validity and enforceability of the remaining provisions contained or referred to herein shall not be affected thereby and shall remain in full force and effect.
- Law and Jurisdiction: (i) these T&Cs and any disputes or claims arising out of or in connection with its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of Malca-Amit’s country of incorporation; and (ii) the parties irrevocably agree that the courts of the country of incorporation of Malca-Amit (in the case of the United States, federal courts) shall have exclusive jurisdiction to determine any dispute or claim that arises out of or in connection with these T&Cs or their subject matter or formation (including non-contractual disputes or claims).