STANDARD TRADING CONDITIONS

1. Definitions
   

   In these conditions :

   "the Consignor" or "the Shipper" means the sender of the goods tendered for transportation (whether on his own account or on behalf of any other person) and whose name shall appear on the Consignment Note as the Consignor.

   "Consignment" means the goods (whether contained in one or more parcels or packages) consigned by the Consignor to FLIP Post for transport. Goods shall include documents where appropriate.

   "Agent" means

   • any entity in any part of the World which is for the time being a member of the same group of companies as FLIP Post and
   • any entity with whom FLIP Post may arrange for or provide services in connection with the transport of a Consignment.

2. Consignment Note
   

   Each Consignment shall be correctly addressed by the Consignor and accompanied by FLIP Post form of Consignment Note the Consignor shall properly complete and sign prior to dispatch of the Consignment. The Consignor is responsible for the correctness of any information given or declaration made and is liable for the consequences of any false or erroneous declarations of information.

3. Parties and sub-contracting
   
   • Where the Consignor is not the owner of any Consignment or part thereof he shall be deemed to be the authorised agent of the owner(s). The Consignor accepts these conditions for himself and all other persons on whose behalf he is acting or is deemed to be acting.
   • FLIP Post may sub-contract all or any part of this contract and may engage an agent or any other person (who may also sub-contract) to fulfil all or any part of this contract.
   
   
4. Common Carrier
   

   The Company is not a common carrier and accepts goods for transport only on those Conditions.

5. Variations
   

   No waiver or alternation of or addition to these Conditions may be made except in writing signed by director of FLIP Post. No agent or person employed by FLIP Post may alter, add to or waive any of these conditions and where any oral or written instructions differ from or conflict with these Conditions, these Conditions shall prevail and such instructions shall be of no effect and shall not waive, vary or modify these Conditions.

6. Liabilities not assumed
   
   • FLIP Post, its agents and servants shall not be liable for any loss, damage, costs or expenses suffered or incurred by the Consignor or any other person arising out of or in connection with this contract or the handling, storage or transport or other dealing with any Consignment except where such loss, damage, cost or expenses shall arise as a direct result of any result of any wilful act of neglect or default by FLIP Post and then only to the extent of the lesser of:-
   • USD 100; or
   • the value of the Consignment or the cost of re-shipping it (at the Consignor"s choice)
   • FLIP Post, its agents and servants shall not be liable under any circumstances for any special or consequential damages or loss. Special or consequential damages or loss shall include (but not be limited to) commercial or financial loss, special reconstruction cost, substituted costs, loss of interest, profit, income, utility, market or business opportunity, whether or not FLIP Post, its agents or servants had knowledge that such damages might be incurred.
   • eThe Consignor in writing must make any claim to FLIP Post within 10 days of the date of the claim arising. No claim will be considered until all transport charges have been paid.

7. Consignment acceptable for transport
   

   FLIP Post reserves the right:-

   • To inspect the Consignment, but this inspection shall not constitute a warranty that a particular item is suitable for carriage.
   • To refuse at its sole discretion at any time to transport any goods tendered for transport (whether before or after such goods are accepted by FLIP Post for transport).
   • To reject any goods already accepted for transport if in the opinion of FLIP Post there is a possibility that the continued transport of such goods may delay the transport of other consignments or cause damage to other consignments, equipment or personnel.
   • Destroy or otherwise deal with any goods in the Consignment where FLIP Post considers (in its sole discretion) that there may be risk to other goods, property, life or health.
   • Without prejudice to the generality of the foregoing, FLIP Post will not accept except under special arrangements hazardous or combustible materials and any items the transport of which is prohibited by any law regulation or statute of any federal state or local government of any country from to or through which consignments may be carried. A detailed list of prohibited goods is available on request.

8. Unacceptable goods
   

   If the Consignor consigns to FLIP Post goods which are unacceptable or which the Consignor has under valued for customs purposes (whether deliberately or accidentally) then FLIP Post shall be entitled to return the Consignment at the Consignor"s expense or, if the Consignor refuses or is unavailable to accept liability for such expense to deal with the Consignment as FLIP Post sees fit and even abandon transport of the Consignment immediately upon FLIP Post having knowledge that the Consignment or part thereof infringes these conditions.

9. Warranties by the Consignor
   

   The Consignor expressly warrants to the company that:-

   • The person handling over the Consignment to the Company is authorised to sign the Consignment Note for the Consignor or to affix his stamp.
   • The Consignor makes this contract in the normal course of its business and holds itself out as so doing.
   • The description and details related to the Consignment shown on the Consignment Note are correct and in particular the declared value is correct.
   • It is not illegal for FLIP Post to convey the Consignment under any legislation.
   • The Consignment is adequately prepared and packaged to ensure safe transport with ordinary care and handling and any articles susceptible to damage as a result of any conditions encountered in air transport, collection or delivery are adequately protected by proper packaging.
   • Consignment is properly labelled and addressed.

10. Customs Clearance
    

    The Company will use all reasonable endeavours to effect customs clearance but will not be liable for any penalties imposed or costs incurred due to delay or refusal by the custom authorities or due to Consignment being impounded by customs or other authorities and the Consignor hereby agrees to indemnify the Company on demand against any such penalty or loss.

11. Charges
    

    Transport charges, supplementary charges, customs duties and other charges incurred from the time of acceptance of goods for transport to the time of delivery of such goods shall be paid by the Consignor as required by the relevant authority or body.

12. Methods of Transport
    

    Subject to payment of FLIP Post charges in accordance with rates in effect on the day of acceptance of the Consignment by FLIP Post, FLIP Post will transport the Consignment between destinations as agreed between it and the Consignor as expeditiously as possible. FLIP Post reserves the right to carry the Consignment by any route and procedure. The Consignor will not seek to impose upon any agent or sub-contractor of FLIP Post a liability greater than that accepted by FLIP Post under these Conditions.

13. Insurance
    

    No insurance will be effected except upon express instructions given in writing by the Consignor to FLIP Post, when the usual exception and conditions of the policies of the insurance company or underwriters taking the risks shall apply. FLIP Post shall not be under any obligations to effect separate insurance for each Consignment but may declare it on any open or general policy. If the insurers under any policy dispute liability for any reason, the Consignor shall have recourse against the insurers only and FLIP Post, its Agents and servants shall not be under any responsibility or liability whatsoever in relation thereto.

14. Delivery
    
    • FLIP Post is authorised to deliver the Consignment to the address marked on the Consignment Note. FLIP Post shall be deemed to have delivered the Consignment in accordance with this contract if at that address it obtains from any person a receipt or signed delivery form.
    • Where for any reason the Consignment cannot be delivered at the address marked on the Consignment Note, or where the Consignment is to be held for collection or is not removed within five working days, FLIP Post shall be under no liability to the Consignor for loss or damage and will within 14 days after giving to the Consignor or the Consignee notice by post or otherwise (including public notice where the names and addresses of the Consignor and the Consignee are not known) be entitled to sell the same and may deduct out of the proceeds of sale all proper charges in respect of the transport and warehouse of the goods and any other expenses incurred by FLIP Post.

15. Payment Terms
    
    • Payment of the charges made by FLIP Post for or in connection with the Transport of any Consignment shall be made by the Consignor within 5 banking days following FLIP Post invoice for such Consignment.
    • At its own discretion FLIP Post may, on the request by the Consignor, transport a Consignment on the basis that payment of FLIP Post charges shall be made by the Consignee on delivery of the Consignment provided that the Consignor shall remain liable to make such payment if the Consignee fails or refuses to do so upon FLIP Post tendering the Consignment for delivery to the Consignee.
    In such case, FLIP Post shall not be required to deliver the Consignment until payment is made.

16. Lien
    

    FLIP Post shall have a particular and general right of detention on all goods in its possession for all sums due at any time from the Consignor, the Consignee or the owner of the goods whether under this or any other contract between the Consignor and FLIP Post. In the event of non-payment of FLIP Post charges within 21 days after this due date, FLIP Post shall be entitled to sell or otherwise dispose of any Consignment and apply the proceeds towards the payment of such sums.

17. Russian Law
    

    This contract shall be governed by and construed in accordance with Russian law and the parties submit to the jurisdiction of the Russian Courts.

    Licence