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This article applies to selling in: Saudi Arabia

Amazon Easy Ship Service and Runway Program Terms and Conditions

Amazon Easy Ship provides collection, shipping, and delivery services (including for returns) for Your Products using a designated logistic services provider ("LSP") (“Amazon Easy Ship Services”). Amazon may provide the Amazon Easy Ship Services using any third party (which may be an Amazon Affiliate). You expressly agree that Amazon or the LSP may engage a third party in order to provide the Amazon Easy Ship Services.

 By using the Amazon Easy Ship Services, you have: (a) agreed to be bound by the Amazon Services Business Solutions Agreement ("Business Solutions Agreement" or "BSA") for the relevant Elected Country (as referenced in the BSA), and (b) you now agree to be bound by: (i) these Amazon Easy Ship Service Terms, and (ii) the Amazon Easy Ship Conditions of Carriage, (and together the Amazon Easy Ship Service Terms and Amazon Easy Ship Conditions of Carriage shall be called “Amazon Easy Ship Service Terms”).  These Amazon Easy Ship Service Terms concern and apply only to your use of the Amazon Easy Ship Services. Amazon may change the LSP from time to time, in which case, other conditions of carriage may apply.

 Amazon Easy Ship Services shall be provided in the Elected Country only and shall not be provided if any of Your Products are to be either collected, shipped or delivered outside of the Elected Country.

 Unless defined in these Amazon Easy Ship Service Terms, all capitalized terms are as defined in BSA. As used in these Amazon Easy Ship Service Terms, "we," "us," and "Amazon" means Afaq Qtech General Trading Co (as the applicable Amazon Contracting Party) and any of its applicable Affiliates and "you" means the applicant (if registering for or using the Amazon Easy Ship Services as an individual), or the business the applicant is employed by or represents (if registering for or using the Amazon Easy Ship Services as a business) and any of its Affiliates.

In respect of the Amazon Easy Ship Services only, where there is any conflict or inconsistency between the BSA, the Amazon Easy Ship Service Terms, and the Amazon Easy Ship Conditions of Carriage, the order of priority shall be: the Amazon Easy Ship Conditions of Carriage, the Amazon Easy Ship Service Terms and the BSA. Except to the extent specified, nothing contained in the Amazon Easy Ship Service Terms shall affect or alter in any manner whatsoever, the validity, enforceability, and interpretation of the terms stipulated under the BSA. 

Amazon shall have the right to change, amend, withdraw, modify, or alter the scope of the Amazon Easy Ship Services or the Amazon Easy Ship Service Terms in any manner or terminate or suspend the Amazon Easy Ship Services immediately in its sole discretion at any time for any reason without notice to you. Any changes will be effective upon the posting of such changes on Seller Central or on the Amazon Site, your continued use of the Amazon Easy Ship Services or otherwise through such mode as Amazon may deem fit at its sole discretion, and you are responsible for reviewing these changes or notices and informing yourself of all applicable changes or notices.

AMAZON EASY SHIP SERVICE TERMS

    ESY.1. You hereby agree to use the Amazon Easy Ship Service only for the collection, shipping and delivery of Your Products listed on and purchased from or using the Amazon Site in accordance with the Selling on Amazon Service Terms and not for any other products listed/sold on websites/marketplaces other than the Amazon Site. When you use the Amazon Easy Ship Service, Your Amazon Easy Ship Products must be collected, shipped and delivered by the LSP and may not be self-shipped by you. If you self-ship the order and provide tracking details to Amazon (or its applicable Affiliates), such orders will not be confirmed by Amazon and may get cancelled. Neither Amazon, nor its Affiliates, will compensate you for any losses incurred by you for any such order and this may, and you acknowledge that it may, have a negative impact on your performance metrics. All of your obligations under the Selling on Amazon Service Terms remain in force and unchanged.

    ESY.2. You will, in accordance with applicable Program Policies and in the format we require, provide accurate and complete information about Your Amazon Easy Ship Products to be collected shipped and delivered using Amazon Easy Ship. You will promptly update any information about Your Amazon Easy Ship Products in accordance with our requirements and as necessary so that the information is at all times accurate and complete. 

    ESY.3. Prior to collection of Your Products by the LSP as part of the Amazon Easy Ship Services, you will ensure that: (a) all Your Product(s) (i) are suitable for shipment via land transportation in a non-climate controlled vehicle in accordance with applicable Laws and these Amazon Easy Ship Service Terms, and (ii) are properly packaged for protection against damage and deterioration during collection, shipment and delivery in accordance with the Program Policies and/or the Amazon Easy Ship Conditions of Carriage (as applicable); and (b) all necessary documents required in connection with the shipment of Your Products and/or customer returns including packing slips, invoices, advisory labelling (including for hazardous materials) and/or any other documents required by applicable Laws including but not limited to airway bills and related information, wherever applicable, are provided.

    ESY.4. Sellers that use the Amazon Easy Ship Services are required to behave professionally with the representatives and delivery associates of the LSP. Any unprofessional conduct, or verbal or physical abuse is prohibited and is a material breach by you of these Amazon Easy Ship Service Terms. Amazon reserves the right to remove selling privileges in its sole discretion if it deems that you have violated the Amazon Easy Ship Service Terms.

    ESY.5. You acknowledge and agree that, in accordance with the Program Policies and the Amazon Easy Ship Conditions of Carriage, you are responsible and liable for providing accurate weight and dimension details in accordance with the Amazon Easy Ship - Weight and Dimensions Policy in advance of the collection of each of Your Products and in accordance with the Amazon Easy Ship Conditions of Carriage. You agree that if these details are found to be incorrect, it could result in additional Fees being charged to you for the collection, shipment and delivery of Your Amazon Easy Ship Products (in accordance with these Amazon Easy Ship Service Terms), which may be recovered in accordance with the terms of the BSA for the Elected Country.

    ESY.6. Unless Your Amazon Easy Ship Products are Amazon Easy Ship Excluded Products, the LSP will collect Your Amazon Easy Ship Products from your Amazon Easy Ship Seller Address at the time or during the time period specified to you through Seller Central, and will ship and deliver the Amazon Easy Ship Products to the Amazon Easy Ship Customer Address. You acknowledge and agree that Amazon Easy Ship Products will only be delivered to and collected from (for the purposes of returns) the Amazon Easy Ship Customer Address within Amazon Easy Ship Services delivery coverage area as set out in the Program Policies.

    ESY.7. You acknowledge that the LSP may refuse (without liability) to collect, ship or deliver any Products or Amazon Easy Ship Products: (i) that it may consider unsuitable in its sole discretion, and/or (ii) where Your Product does not comply with the Amazon Easy Ship Conditions of Carriage (or other applicable conditions of carriage), and/or (iii) where Your Product is an Amazon Easy Ship Excluded Product. You acknowledge and agree that the LSP and/or Amazon retains an express right of inspection in respect of all packages and shipment and reserves the right to inspect (or allow a third party to inspect) any such package or shipment. The LSP may return or dispose of or destroy any shipment that LSP determines in its sole discretion creates a safety, health or liability risk to LSP, its personnel or any third party, without notice to you. You agree that title to each such disposed or destroyed shipment may, at the LSP’s discretion, transfer to the LSP as necessary for it to dispose of or destroy the shipment. You agree to pay for any costs or expenses incurred in connection with the return, disposal, or destruction of any Amazon Easy Ship Products that creates such safety, health or liability risk.

    ESY.8. You are responsible for raising or collecting from customers any appropriate documentation including invoices, credit notes, delivery challans, airway bills or any other statutorily required documentation or information for reporting of both shipment of Amazon Easy Ship Products from your designated address registered on Seller Central and customer returns from the Amazon Easy Ship Customer Address using the Amazon Easy Ship Services. You will be solely responsible for clearing any shipments held up at any check-posts or seized by tax authorities as a result of non-compliance of any required documentation requirements.

    ESY.9. You agree and acknowledge to accept all undelivered shipments of Amazon Easy Ship Products (i.e. packages which could not be delivered to the customer and are being returned to you) from the LSP otherwise you shall bear the costs and expense of for any disposal or destruction of such shipments and you expressly authorize us to recover such amounts as permitted by the BSA for the Elected Country.

REFUNDS TO THE CUSTOMERS

    ESY.10. You acknowledge and agree that it is your sole responsibility to, and you will accept and process cancellations, returns, refunds and adjustments in accordance with these Amazon Easy Ship Service Terms and the Program Policies for the Amazon Site published at the time of the applicable order. We may inform customers that these policies apply to Your Products (irrespective of whether they are Amazon Easy Ship Products). To the extent that you do not fulfil your obligations, Amazon may, but is not obligated to, and you authorize and instruct Amazon to, initiate and process refunds and adjustments for Amazon Easy Ship Products that have been collected, shipped or delivered, and/or returned under these Amazon Easy Ship Services.

    ESY.11. For any Amazon Easy Ship Products that have been collected, shipped or delivered under these Amazon Easy Ship Service Terms but which are returned by the customers to you directly (and not using an LSP), you will accept and process refunds and adjustments within 48 hours of receiving such orders, failing which Amazon will be deemed to be authorized and instructed by you, but not obligated to, to issue a refund or adjustment (as appropriate) to the customer from your available balance as permitted by the BSA.

AUTHORIZATION FOR CANCELLATIONS/CUSTOMER RETURNS

    ESY.12. You authorize and instruct Amazon to initiate the cancellation of Amazon Easy Ship Services for any of Your Amazon Easy Ship Products upon receipt of a cancellation request from the customer, at any time before the collection, shipment or delivery of Your Amazon Easy Ship Products.

    ESY.13. For any Amazon Easy Ship Products that a customer wishes to return in accordance with the terms offered to the customer, the LSP will collect the Amazon Easy Ship Products from the Amazon Easy Ship Customer Address and return it back to your Amazon Easy Ship Seller Address. You agree to accept all such Amazon Easy Ship Products returned by the customer upon delivery by the LSP.

CASH ON DELIVERY

    ESY.14. We will deposit all COD collected by the LSP for Your Amazon Easy Ship Products (save for any amount of the COD that is counterfeit currency) in our bank account from time to time and credit such amount to you in accordance with the BSA for the Elected Country. To the extent that any amount is credited by us to you in advance of deposit of COD in our bank account, you agree that we shall be entitled to recover such funds (as permitted by the BSA for the Elected Country) for any excess COD credited. Neither we nor the LSP shall have any liability for any part of any COD collected that is counterfeit currency. Neither we nor the LSP will be liable to replace such currency from our own funds.

FEES

    ESY.15. You shall pay Amazon all fees for the collection, shipment and delivery (and returns, where applicable) of Amazon Easy Ship Products (including any charges for non- collection or non-delivery, or cancellation charges), (the “Easy Ship Fees”) as set out in the Amazon Easy Ship Fee Schedule for the provision of the Amazon Easy Ship Services. If the shipment has to be rerouted, redirected or returned for any reason whatsoever (in respect of delivery to the customer), you shall pay Amazon all charges levied by the LSP for such rerouting, redirection or return in accordance with the rates notified to you, as also VAT and any other goods and services tax, duties etc. applicable thereon. Amazon shall issue you with a tax invoice for all fees and applicable Taxes payable by you (and Amazon shall raise such invoice irrespective of the fact that such a shipment or Your Amazon Easy Ship Products is lost or damaged during the course of shipment or returned un-delivered (in respect of delivery to the customer).

    ESY.16. The Amazon Easy Ship Fees shall become payable to Amazon immediately from the moment that the Amazon Easy Ship Products are collected by the LSP (whether for delivery or shipment to or collection from a customer) (along with VAT and any other applicable goods and services tax). LSP reserves the right to assess fuel and other surcharges on shipments without notice. The duration and amount will be determined at LSP's sole discretion. You, by tendering your shipment to the LSP, agree to pay the surcharges in force.

TAX

    ESY.17. You hereby authorize us to recover, including by means of deduction or set off, any applicable fee along with VAT and any other goods and services tax under the Amazon Easy Ship Services from any amount due and payable to you under the BSA.

    ESY.18. All payments by Amazon to you shall be made subject to any applicable taxes including VAT and any other goods and services tax under the applicable Law.

    ESY.19. You will be responsible for Your Taxes including goods and services tax, interest or penalties and you will indemnify and hold Amazon and/or its Affiliates (including but not limited to the LSP) harmless from Your Taxes including goods and services tax, interest or penalties. You acknowledge and agree that you are responsible for preparing and filing any applicable statutorily required documentation to be issued either by you or by the customers.

LIABILITY AND INDEMNITY

    ESY.20. Amazon, the LSP and each of their respective officers, directors, employees, representatives and agents shall not be liable for any loss, damage, claims, charges, penalties, suffered by or incurred by you as a result of or arising out of your use of the Amazon Easy Ship Services.

    ESY.21. You agree to indemnify, defend, and hold harmless Amazon and/or the LSP from all claims, judgments, damages, fines, penalties and expenses (including reasonable attorneys' fees) that may arise out of or as a result of any of your acts or omissions with respect to the Amazon Easy Ship Service provided by Amazon to you, or your breach of the Amazon Easy Ship Services and/or the BSA and/or the Amazon Easy Ship Conditions of Carriage.

    ESY.22. Save as expressly set out in this Agreement, you further agree that Amazon and the LSP will have no additional liability for Your Amazon Easy Ship Products. In the event you desire to seek full coverage of loss of Your Products during shipment, you may at your own discretion and costs (including premium, as applicable), insure Your Amazon Easy Ship Products through an insurance company. Neither Amazon, its Affiliates, nor LSP will be liable for any disputes between you and the customer or you and the insurance company, as the case may be.

CLAIMS, REIMBURSEMENTS

    ESY.23. Subject (as applicable) to your compliance with these Amazon Easy Ship Service Terms (including, without limitation, the packaging requirements (set out in ESY.3) and the SAFE-T Policy (as defined below), you agree and acknowledge that in the event of any loss or damage to Your Products during the course of transit, or for the non-delivery, mis-delivery, or theft in connection with the collection, shipment or delivery of Amazon Easy Ship Products and which is directly attributable to the LSP, your sole and exclusive recourse shall be against the LSP and shall be subject to the limitations of and exclusions of liability set out in the relevant conditions of carriage. You agree that the limitations on and exclusions of the LSP’s liability set out in the relevant conditions of carriage shall constitute the LSP’s aggregate liability under these Amazon Easy Ship Service Terms.

    ESY.24. All reimbursement claims for lost, damaged, undelivered or mis-delivered, stolen/missing Amazon Easy Ship Products must be notified to Amazon in writing within five business days of the earlier of (i) the shipment being returned to you (or that attempted return to you if not completed for any reason); or (ii) from the date when the Amazon Easy Ship Product was collected or due to be collected. Reimbursement claims filed after this period will not be accepted and no action for loss may be brought against Amazon and/or the LSP. Receipt of the shipment by the customer without written notice of damage on the delivery receipt will be considered as the basis that Your Amazon Easy Ship Products were delivered in good condition. No claim for loss will be considered by Amazon until all invoices and charges have been paid.

    ESY.25. Reimbursement claims raised by you related to any damage or dispute cases should be supported with relevant proofs like images of the product, invoice copy, brand registry document, CCTV footage whichever is applicable. Reimbursement grant is subject to internal investigation. If you are found to be claiming incorrect reimbursements, it may lead to suspension of your selling account.

    ESY.26. Where the Amazon Easy Ship Conditions of Carriage apply, the LSP shall have a general lien on all shipments in its possession, custody or control for any monies whatsoever due from you and such general lien shall extend to all freight charges, goods and services tax, advances, or any other charges of any kind arising out of transit hereunder. The LSP shall be entitled to detain any shipment until such dues are paid and, without prejudice to the LSP’s other legal remedies to recover its costs, charges and expenses, shall be entitled, after giving 14 days’ notice to you, to sell the shipments by public auction, tender, private agreement or otherwise or even destroy the shipments as agent for and at your expense and apply the proceeds in or towards the payment of such sums. Upon accounting to you for any balance remaining after payment of any sums due to the LSP and any costs of retention, insurance and sale or disposal, the LSP shall be discharged of any liability whatsoever in respect of the shipment.

SAFE- T POLICY

    ESY.27. Notwithstanding section ESY. 23, the Seller shall be entitled to claim refunds for Eligible Orders, subject to and in accordance with terms of the Amazon Seller Assurance for E-commerce Transactions Claim Policy ("SAFE-T Policy"). The Seller should provide appropriate supporting documentation/information as may be prescribed by Amazon from time to time.

    ESY.28. The Seller acknowledges and agrees that any disputes arising out of the SAFE-T claims filed by the Seller with Amazon shall be decided by Amazon in its sole discretion. Any decision taken by Amazon shall be considered as final and binding on the Seller.

MISCELLANEOUS

    ESY.29. The laws of the Kingdom of Saudi Arabia govern these Amazon Easy Ship Service Terms and all of their terms and conditions, without giving effect to any principles of conflicts of laws or the United Nations Convention on Contracts for the International Sale of Goods.

    ESY.30. Any dispute, claim, difference or controversy arising out of, relating to or having any connection with these Amazon Easy Ship Service Terms with Amazon or its Affiliates, including your use of the Amazon Easy Ship Services, any dispute as to their existence, validity, interpretation, performance, breach or termination or the consequences of their nullity and any dispute relating to any non-contractual obligations arising out of or in connection with them, shall be referred to and finally resolved by arbitration under the LCIA Arbitration Rules as amended from time to time. The number of arbitrators shall be one, to be appointed in accordance with the LCIA Arbitration Rules.  The seat or legal place of arbitration shall Riyadh.  The language used in the arbitral proceedings shall be English. Amazon and you each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

    ESY.31. These Amazon Easy Ship Services Terms will terminate on termination of the BSA. We may terminate or suspend this Agreement for any reason at any time by notice to you.  You may terminate this Agreement or any Service for any reason at any time by the means then specified by Amazon. 

    ESY.32. You may not assign these Amazon Easy Ship Service Terms, by operation of law or otherwise, without our prior written consent.  Subject to that restriction, this Agreement will be binding on, inure to, and be enforceable against the parties and their respective successors and assigns.  We may perform any of our obligations or exercise any of our rights under these Amazon Easy Ship Service Terms through one or more of our Affiliates. Our failure to enforce your strict performance of any provision of these Amazon Easy Ship Service Terms will not constitute a waiver of our right to enforce such provision or any other provision of these Amazon Easy Ship Service Terms subsequently.

    ESY.33. These Amazon Easy Ship Service Terms represent the entire agreement between the parties with respect to the Amazon Easy Ship Services and related subject matter and supersedes any previous or contemporaneous oral or written agreements and understandings.


Definitions

As used in the Amazon Easy Ship Service Terms, the following terms have the following meanings:

"Affiliate" means, with respect to any entity, any other entity that directly or indirectly controls, is controlled by, or is under common control with that entity.

“Amazon Easy Ship Customer Address” means the address set out on the invoice of Your Amazon Easy Ship Products given by the customer as the final destination for the delivery of Your Amazon Easy Ship Products  in the Kingdom of Saudi Arabia only.

Amazon Easy Ship Excluded Products” means any product that is an Excluded Product, or is otherwise prohibited by the applicable Program Policies(including to the extent that those policies apply only to Amazon Easy Ship).

Amazon Easy Ship Products” means those of Your Products listed on and which are purchased from or using the Amazon Site which you wish to be collected and delivered to the customer using the Amazon Easy Ship Service.

“Amazon Easy Ship Seller Address” means the designated address that you have provided to Amazon for the collection of Amazon Easy Ship Products on Seller Central.

“Amazon Easy Ship Conditions of Carriage” means the conditions applicable to the carriage of shipments from and between specified locations in the Elected Country by the LSP.

COD” means cash on delivery, being a cash payment to be paid by the customer to you to be collected by the LSP.

Effective Date” means the date the Seller agrees or signs-up to avail or use the Amazon Easy Ship Services.

 “Eligible Orders” means those orders that are placed after the Effective Date and are fulfilled by the Seller using the Easy Ship Services facilitated by Amazon.

Amazon Easy Ship Conditions of Carriage

The Carrier designated by Amazon will accept shipments subject to these Amazon Easy Ship Conditions of Carriage and as consideration for your compliance with the Amazon Easy Ship Service Terms.

These Amazon Easy Ship Conditions of Carriage are applicable to the carriage of Shipments from and between specified locations within the territory of the Kingdom of Saudi Arabia using shipment services provided by or on behalf of Amazon or its Affiliates. By tendering Shipments for carriage hereunder, the Consignor is deemed to have agreed to these Amazon Easy Ship Conditions of Carriage. Amazon reserves the right to unilaterally modify, revise, amend, change or supplement these Amazon Easy Ship Conditions of Carriage without any prior notice.

As used in these Amazon Easy Ship Conditions of Carriage, "we," and "us," means the carrier designated by Amazon and any of its applicable Affiliates and "you" and “Consigner” means the applicant (if entering into these Amazon Easy Ship Conditions of Carriage as an individual) or the business the applicant is employed by or represents (if entering into these Amazon Easy Ship Conditions of Carriage as a business) and any of its Affiliates.

In the event there is a conflict between these Amazon Easy Ship Conditions of Carriage and the provisions of any other document executed between the parties, these Amazon Easy Ship Conditions of Carriage prevail. Unless defined in these Amazon Easy Ship Conditions of Carriage, all capitalized terms are as defined in the Business Solutions Agreement between you and Amazon.

  1. Scope of service
    • 1.1 We will, subject to these Amazon Easy Ship Conditions of Carriage, pick up, transport and deliver Shipments (the “Services”).
    • 1.2 We will collect each Shipment from your Amazon Easy Ship Seller Address at the time or during the time period specified to you through Seller Central, and will ship and deliver the Amazon Easy Ship Products to the Amazon Easy Ship Customer Address. You acknowledge and agree each Shipment will only be delivered to and collected from (for the purposes of returns) the Amazon Easy Ship Customer Address within Amazon Easy Ship Services delivery coverage area as set out in the Program Policies.
    • 1.3 We may sub-contract all or part of the Services at our sole discretion.
  2. Conditions of carriage
    • 2.1 You hereby agree to use the Services only for the collection, shipping and delivery of Your Products listed on and purchased from or using the Amazon Site in accordance with the Selling on Amazon Service Terms and not for any other products listed/sold on websites/marketplaces other than the Amazon Site.
    • 2.2 Prior to collection of any Shipment by us, you will ensure that: (a) all Your Product(s) included in the Shipment (i) are suitable for shipment via land transportation in a non-climate controlled vehicle in accordance with applicable Laws and these Amazon Easy Ship Conditions of Carriage, and (ii) are properly packaged for protection against damage and deterioration during collection, shipment and delivery in accordance with the Program Policies and/or the Amazon Easy Ship Conditions of Carriage; and (b) all necessary documents required in connection with the Shipment and/or customer returns including packing slips, invoices, advisory labelling (including for hazardous materials) and/or any other documents required by applicable Laws including but not limited to airway bills and related information, wherever applicable, are provided. This includes but is not limited to any document required by local Laws of any area through which a Shipment may pass en-route to the Amazon Easy Ship Customer Address. We shall be under no obligation to enquire into the correctness or sufficiency of such information or documents.
    • 2.3 You acknowledge and agree that, in accordance with the Program Policies and these Amazon Easy Ship Conditions of Carriage, you are responsible and liable for providing accurate weight and dimension details in accordance with the Amazon Easy Ship - Weight and Dimensions Policy in advance of the collection of each of Your Products and in accordance with these Amazon Easy Ship Conditions of Carriage. You agree that if these details are found to be incorrect, it could result in additional Fees being charged to you for the collection, shipment and delivery of Your Amazon Easy Ship Products and/or a retrospective claw back of fees along with applicable taxes.
    • 2.4 You acknowledge that we may refuse (without liability) to collect, ship or deliver any Shipment or hold, cancel, postpone or return (without liability) any Shipment where we consider in our sole discretion that:
      • 2.4.1 the Shipment is unsuitable;
      • 2.4.2 the Shipment does not comply with these Amazon Easy Ship Conditions of Carriage;
      • 2.4.3 you are in breach of the Amazon Easy Ship Service Terms;
      • 2.4.4 the Shipment contains any Amazon Easy Ship Excluded Product;
      • 2.4.5 the Shipment would be likely to cause damage or delay to other shipments or persons;
      • 2.4.6 we cannot transport the Shipment safely;
      • 2.4.7 the Shipment contains products classified as hazardous material - unsuitable for transportation, dangerous goods, prohibited goods, banned or restricted articles by any applicable government department or other relevant organization; or 
      • 2.4.8 the carriage of the Shipment is prohibited by applicable Law or is in violation of any of these Amazon Easy Ship Conditions of Carriage.
    • 2.5 The fact that we accept a Shipment does not mean that such Shipment conforms to applicable Laws or to these Amazon Easy Ship Conditions of Carriage.
    • 2.6 You are responsible for raising or collecting from each Consignee any appropriate documentation including invoices, credit notes, delivery challans, airway bills or any other statutorily required documentation or information for reporting of both the shipment of any Shipments from your Amazon Easy Ship Seller Address and customer returns from the Amazon Easy Ship Customer Address using the Service. You will be solely responsible for clearing any Shipments held up at any check-posts or seized by tax authorities as a result of non-compliance of any required documentation requirements.
    • 2.7 We reserve the right to carry your Shipments by any route using multi-modal transportation according to our own handling, storage, movement methods and plans, and by use of our business associates, co-loaders, co-couriers, franchisees or other agents.
  3. Your obligations
    • 3.1 You agree that you shall:
      • 3.1.1 provide us with such information and such documents as we reasonably require from time to time;
      • 3.1.2 ensure that all Shipments are prepared and packed adequately to ensure safe carriage with normal care in handling. We shall not be liable for any damage or shortages occurring as a result of inadequate packing;
      • 3.1.3 provide accurate weight, dimension and content details on Seller Central. You agree that if these details are found to be incorrect, this could result in a retrospective claw back of correct fees along with applicable taxes. For more information, refer to Amazon Easy Ship - Weight and Dimensions Policy help page;
      • 3.1.4 hand over to us all Shipments scheduled during the respective pickup slot timings. You should determine the number of packages you can hand over on a daily basis and schedule pick-ups accordingly; and
      • 3.1.5 ensure that the information on the AWB matches the information for the Shipment on Seller Central.
  1. Your representations and warranties
    • 4.1 You represent and warrant that:
      • 4.1.1 any documents you provide to us and any documents accompanying any Shipment (including AWB, invoice, e-way bill and other documents) are true, correct and complete in all respects and are compliant with all applicable Laws; and
      • 4.1.2 no Shipment will contain any Amazon Easy Ship Products that may not be carried under applicable Law or these Amazon Easy Ship Conditions of Carriage.
  1. The AWB
    • 5.1 You will securely affix the applicable AWB to each Shipment.
    • 5.2 The AWB is non-negotiable and shall be prima facie evidence of the acceptance of a Shipment and of these Amazon Easy Ship Conditions of Carriage and evidence of conclusion of the contract between you and us.
    • 5.3 You agree that the AWB shall be prima facie evidence of the weight or volume and dimensions of a Shipment as well as any other particulars of the Shipment stated on the AWB. Information on an AWB shall not constitute evidence against us.
  2. Delivery of Shipments
    • 6.1 We are not obliged to deliver any Shipment to the Consignee personally. We may deliver to someone other than the person named the AWB if, exercising our discretion, that person appears to have authority to accept delivery of the Shipment on behalf of the Consignee. Such delivery shall be a valid discharge of Q-Express's obligations under these Amazon Easy Ship Conditions of Carriage.
    • 6.2 We may use an electronic device to obtain proof of delivery and you agree that you will not object to us relying on a printed copy of the same as evidence merely on the grounds that the information concerned is obtained and stored in electronic form.
  3. Undeliverable Shipments
    • 7.1 We may consider a Shipment to be undeliverable (an “Undeliverable Shipment”) if:
      • 7.1.1 the Consignee's address is incomplete, illegible, incorrect or cannot be located;
      • 7.1.2 the Consignee is not present, or fails or refuses to accept delivery or sign or pay for delivery of any Shipment;
      • 7.1.3 the Consignee does not pay any COD specified as required on the AWB in full;
      • 7.1.4 the Shipment would likely cause damage or delay to other shipments, or injury to persons; 
      • 7.1.5 the Shipment contains prohibited items; 
      • 7.1.6 the Shipment's contents or packaging are damaged to the extent that re-wrapping is not possible; or
      • 7.1.7 the Shipment is detained or otherwise unable to clear any geographical boundaries.
    • 7.2 We shall make reasonable efforts to return any Undeliverable Shipment to your Amazon Easy Ship Seller Address. Where return is not practicable, we may dispose of or destroy any Undeliverable Shipment. You agree that title to each such disposed or destroyed Shipment may, at our discretion, transfer to us as necessary for it to dispose of or destroy the Shipment. You agree to pay for any costs or expenses incurred in connection with the return, disposal, or destruction of any Undeliverable Shipment.
  4. COD
    • 8.1 Where COD due from the Consignee, we will make reasonable efforts to collect the COD on your behalf.
  5. Inspection
    • 9.1 You acknowledge and agree that we retain an express right of inspection in respect of all Shipments and reserve the right to inspect (or allow a third party to inspect) any Shipment. We may return or dispose of or destroy any Shipment that we determine in our sole discretion creates a safety, health or liability risk to us, our personnel or any third party. You agree that title to any Shipment to be disposed of or destroyed may, at our discretion, transfer to us as necessary for it to dispose of or destroy the Shipment. You agree to pay for any costs or expenses incurred in connection with the return, disposal, or destruction of any Shipment under this Condition.
    • 9.2 We shall not be liable in any circumstances for any delay, loss, damage and/or resultant claims due to seizure or detention of shipments in the course of transit by competent authorities.
  6. Limitation and exclusion of liability
    • 10.1 You agree that the limitations on and exclusions of our liability set out in this Condition 10 apply on a per Shipment basis shall apply to our aggregate liability under these Amazon Easy Ship Conditions of Carriage and the Amazon Easy Ship Service Terms collectively.
    • 10.2 Our aggregate liability for any loss or damage to any Shipment under these Amazon Easy Ship Conditions of Carriage and the Amazon Easy Ship Service Terms collectively shall be the lowest of: (a) SAR 100, or (b) the amount of loss or damage to the Shipment actually sustained, or (c) the actual value of the shipment as determined by us, without regard to the commercial utility or special value to the Consignor. The actual value of a damaged Shipment shall be ascertained by reference to the cost of repair or replacement/resale or fair market value not exceeding the original cost of the article actually paid by the Consignor. 
    • 10.3 Our acceptance for carriage of any Shipment bearing a declared value in excess of the allowed maximums does not constitute a waiver of any provision of or limits as to such Shipment. 
    • 10.4 We shall not be responsible for any losses, damages and/or claims on account of delay in pickup, transportation or delivery of any Shipment regardless of cause of such delays.
    • 10.5 You will indemnify us for all losses, expenses, and any claims made against us by the Consignee or a third party, arising where we do not deliver a Shipment because it is an Undeliverable Shipment.
  7. Insurance
    • 11.1 You may insure the shipments entrusted to us for carriage at your own cost and expense. In the event of any loss or damage to the shipment in such a scenario, we agree to provide you with a certificate of facts ("COF") upon your written request. You agree and acknowledge that the COF will be issued by us without admission of any claim and that we shall be discharged of all liabilities, if any arising out of the Shipment on acceptance of the COF.
  8. No warranties
    • 12.1 Save as expressly set out herein or as required under applicable Laws, we make no warranties, express or implied.
  9. Liabilities not assumed
    • 13.1 We shall not be liable for loss of or damage to any Shipment arising from causes beyond its reasonable control including but not limited to:
      • 13.1.1 force majeure or any Act of God; 
      • 13.1.2 any consequences of war, armed conflict, invasion, act of foreign enemy, hostilities (whether war or not), civil war, riot, rebellion, insurrection, military or usurped power or confiscation, acts of terrorism, requisition or destruction of or damage to property by or under the order of any government or public or local authority, strike, lock-out; 
      • 13.1.3 seizure or forfeiture under legal process; 
      • 13.1.4 error, act, default, omission, mis-statement or mis-representation by you, the Consignee or any other party claiming interest in the shipment; 
      • 13.1.5 the violation of any of the terms and conditions contained on the AWB or in these Amazon Easy Ship Conditions of Carriage, tariff or other terms and conditions applicable to the Shipment; 
      • 13.1.6 damage to articles packed and sealed in a Shipment by you, provided that the seal is unbroken at the time of delivery and the Shipment retains its basic integrity; 
      • 13.1.7 the erasure of data from or the loss or irretrievability of data stored on magnetic tapes, files or other storage media, or erasure or damage of photographic images or soundtracks from exposed film; 
      • 13.1.8 the act, default or omission of any public authority carried out in connection with the entry, exit or transit of any Shipment; or
      • 13.1.9 accidents to vehicles and other conveyances carrying any Shipment.
  1. Miscellaneous
    • 14.1 The laws of the Kingdom of Saudi Arabia govern these Amazon Easy Ship Conditions of Carriage and all of their terms and conditions, without giving effect to any principles of conflicts of laws or the United Nations Convention on Contracts for the International Sale of Goods.
    • 14.2 Any dispute, claim, difference or controversy arising out of, relating to or having any connection with these Amazon Easy Ship Conditions of Carriage, including any dispute as to their existence, validity, interpretation, performance, breach or termination or the consequences of its nullity and any dispute relating to any non-contractual obligations arising out of or in connection with it, shall be referred to and finally resolved by arbitration under the LCIA Arbitration Rules as amended from time to time. The number of arbitrators shall be one, to be appointed in accordance with the LCIA Arbitration Rules.  The seat or legal place of arbitration shall be Riyadh.  The language used in the arbitral proceedings shall be English. We and you each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, Amazon and you each waive any right to a jury trial.
    • 14.3 Because we are not your agent, or the Consignee’s agent for any purpose, we will not act as either party's agent in connection with resolving any disputes between participants related to or arising out of any transaction.
    • 14.4 You may not assign these Amazon Easy Ship Conditions of Carriage, by operation of law or otherwise, without our prior written consent.  Subject to that restriction, these Amazon Easy Ship Conditions of Carriage will be binding on, inure to, and be enforceable against the parties and their respective successors and assigns.  We may perform any of our obligations or exercise any of our rights under these Amazon Easy Ship Conditions of Carriage through one or more of our Affiliates. Our failure to enforce your strict performance of any provision of these Amazon Easy Ship Conditions of Carriage will not constitute a waiver of our right to enforce such provision or any other provision of these Amazon Easy Ship Conditions of Carriage subsequently.
    • 14.5 If any provision of these Amazon Easy Ship Conditions of Carriage are deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions and will not affect the validity and enforceability of any remaining provisions.  
    • 14.6 These Amazon Easy Ship Conditions of Carriage represents the entire agreement between the parties with respect to the Services and related subject matter described herein and supersedes any previous or contemporaneous oral or written agreements and understandings.

Definitions

As used in these Amazon Easy Ship Conditions of Carriage, the following terms have the following meanings:

 “Amazon Easy Ship Customer Address” means the address set out on the invoice of Your Amazon Easy Ship Products given by the customer as the final destination for the delivery of Your Amazon Easy Ship Products in the Kingdom of Saudi Arabia only.

Amazon Easy Ship Excluded Products” means any product that is an Excluded Product, or is otherwise prohibited by the applicable Program Policies (including to the extent that those policies apply only to Amazon Easy Ship).

Amazon Easy Ship Products” means those of Your Products listed on and which are purchased from or using the Amazon Site which you wish to be collected and delivered to the Consignee using the Amazon Easy Ship Service.

“Amazon Easy Ship Seller Address” means the designated address that you have provided to Amazon for the collection of Amazon Easy Ship Products on Seller Central.

Amazon Easy Ship Service” has the meaning given to the term in the Amazon Easy Ship Service Terms.

AWB” means the airway bill/ shipping label for a Shipment as provided by Amazon.

COD” means cash on delivery, means cash on delivery, being a cash payment to be paid by the customer to you to be collected by the LSP where set out on the AWB.

Consignee” means the consignee set out on the relevant AWB.

Shipment” means a package of Your Products to be delivered by us using the Amazon Easy Ship Service.

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