Terms and Conditions of Carriage

3. Deliveries and Undeliverables

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

BIZNA TOP may notify Consignee of an upcoming delivery or a missed delivery. Consignee may be offered alternative delivery options such as delivery on another day, no signature required, redirection or collection at a BIZNA TOP Service Point.

If the Shipment is deemed to be unacceptable as described in Section 2, it has been undervalued for customs purposes, Consignee cannot be reasonably identified or located, or Consignee refuses delivery or to pay Customs Duties or other Shipment charges, DHL shall use reasonable efforts to return the Shipment to Shipper. This shall be at Shipper’s cost. If it is not possible to return the Shipment, it may be released, abandoned, disposed of or sold without incurring any liability whatsoever to Shipper or anyone else. BIZNA TOP shall have the right to destroy any Shipment if BIZNA TOP is prevented by any law or law enforcement agency from returning it in whole or in part to Shipper, as well as any Shipment of Dangerous Goods.

5. Shipment Charges, Duties and Fees

BIZNA TOP's 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 BIZNA TOP to confirm this calculation.

Payment of Customs Duties and other charges due as indicated on BIZNA TOP’s website in the receiving country may be requested from Consignee prior to delivery. This includes a fee if BIZNA TOP uses its credit with the Customs Authorities or pays any Customs Duties on Consignee’s behalf. Shipper shall pay or reimburse BIZNA TOP for all Customs Duties and other charges due for services provided by BIZNA TOP or incurred by BIZNA TOP on Shipper’s or Consignee’s behalf if Consignee has failed to pay

6. BIZNA TOP’s Liability

1. BIZNA TOP’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 the current market.
   
   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
   
   BIZNA TOP’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 BIZNA TOP’s attention.
2. BIZNA TOP will make every reasonable effort to deliver the Shipment according to BIZNA TOP’s regular delivery schedules, but these schedules are not binding and do not form part of the contract. BIZNA TOP is not liable for any damages or loss caused by delay

7. Claims

All claims must be submitted in writing to BIZNA TOP within 48 hours of Receiving Products, failing which BIZNA TOP 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

BIZNA TOP may be able to arrange insurance for loss of or damage to the Shipment, covering the full value of the goods, provided that Shipper so instructs BIZNA TOP in writing, including by completing the insurance section of the waybill or using BIZNA TOP’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 BIZNA TOP’s Contro

BIZNA TOP is not liable for any loss or damage arising out of circumstances beyond BIZNA TOP’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 BIZNA TOP; any act or omission by a person not employed or contracted by BIZNA TOP - e.g. Shipper, Consignee, third party, customs or other government official; third party cyber- attacks or other information security related threats; “Force Majeure” - e.g. earthquake, cyclone, storm, flood, fog, war, plane crash, embargo, riot, epidemic, pandemic, civil commotion, or industrial action.

10. Shipper’s Representations, Warranties and Indemnities

Shipper shall indemnify and hold BIZNA TOP and its directors, officers, employees and agents harmless from and against all and any liabilities, losses and damages arising out of Shipper’s failure to comply with the following warranties and representations:

• the Shipment is acceptable for transport under Section 2 above,
• the Shipment was prepared in secure premises by reliable persons and was protected against unauthorized interference during preparation, storage and any transportation to
• Shipper has complied with applicable export control, sanctions, customs laws and regulations or other applicable regulatory requirements and restrictions related to the import, export, transit or transfer of goods
• Shipper has declared to BIZNA TOP any controlled dual-use or military goods subject to government authorizations contained in the Shipment,
• Shipper has provided all information, permits, licenses or other government authorizations and documents, as required by applicable law or upon request from BIZNA TOP, and all information, permits, licenses or other government authorizations and documents provided by Shipper or its representatives are true, complete and accurate, including the value and description of the goods and Shipper and Consignee information,
• when providing personal data to BIZNA TOP, Shipper has complied with its legal obligations to process and share this data, including informing the affected individuals that personal data, including Consignee’s email address and mobile phone number, is required for transport, customs clearance and delivery.

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 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.