wOow SAFEGUARD Terms & Condition
1. These terms and conditions (“Safeguard Terms”) apply to shipments that the customer tenders to wOow for carriage and for which the customer has
(i) subscribed for Safeguard Protection by accepting the Safeguard Terms online or by signing the Safeguard Application Form;
(ii) declared a value for the non-documents goods; and
(iii) paid the agreed fees for Safeguard Protection as stated online at woowbd.com or on the front face of the Safeguard Application Form (such shipment is hereinafter referred to as a “Safeguard Shipment”).
2. These Safeguard Terms are supplemental to
(i) any terms and conditions which may have been agreed between wOow and the customer (“T&C”), and
(ii) the Conditions of Carriage stated on the standard waybill issued by wOow in relation to the Safeguard Shipment (a copy of the Conditions of Carriage applicable to Import Express or Export Express shipments is available at https://www.woowbd.com/shipping-terms/ and the Conditions of Carriage applicable to International shipments is available at https://www.woowbd.com/shipping-terms/interanational (each a “WAYBILL”). Furthermore, copies of the WAYBILL are available on request by the customer.
3. wOow and the customer agree that all provisions in any applicable T&C and the WAYBILL (both as varied by the Safeguard Terms) are deemed to be incorporated in these Safeguard Terms with the intention that the terms of any applicable T&C and the WAYBILL (both as varied by these Safeguard Terms) will remain binding upon wOow and the customer.
4. Terms defined in any applicable T&C and the WAYBILL will have the same meaning in the Safeguard Terms, unless otherwise expressly stated in these Safeguard Terms.
5. The enhanced liability provisions contained in clause 7 of these Safeguard Terms will only apply to Safeguard Shipments which comply with the following restrictions:
5.1. Safeguard Shipments must not contain any of the following items (including but not limited to): animals; art works; dangerous goods; biological samples; drugs (excluding prescription drugs for medical or scientific purposes); exhibition good stands; fish catch; fishmeal; fruits and vegetables; jewellery; lottery tickets, gambling devices tickets, related advertisement for illegal lotteries; negotiable currency; offensive items; paintings; passports; plants (including raw tobacco); precious metals; prototype goods; pornography; radioactive material; remains (humans and animals); toxic and infectious substances; trophies; weaponry; alcohol and related products; or other goods prohibited by applicable laws, statutes or regulations governing country of origin and/or country of final destination, unless otherwise expressly agreed to by wOow in writing. For a complete and detailed list of prohibited items, please visit woowbd.com/Safeguard/exceptions.
5.2. This list may be amended from time to time by wOow without notice to the customer. It is the customer’s responsibility to review these Safeguard Terms prior to shipping a Safeguard Shipment to ensure compliance under clause 5.1.
6. Safeguard Protection is not available for imports, exports, or domestic transits in the following countries:
6.1. Afghanistan, Cameron, Central African Republic, Chad, Democratic Republic of Congo, Eritrea, Iran, Libya, North Korea, Somalia, Syria, Israel, Kurdistan, and South Sudan. Additional countries may be excluded under this clause 5.1 in accordance with applicable laws and regulations of the respective country from which the Safeguard Shipment is sent.
6.2. Other Countries: countries identified on the JCC cargo watch list having a risk scale rating of 5 or above (For an updated list of these countries, please refer to http://watch.exclusiveanalysis.com/jccwatchlist.html countries where wOow services have been suspended due to sanctions, embargo or prohibitions as per applicable sanction laws or other applicable laws.
6.3. The list of countries under clause 6 may be amended from time-to-time, by wOow, without notice to the customer. It is the customer’s responsibility to review these Safeguard Terms prior to shipping a Safeguard Shipment to ensure compliance under clause 6. For an up-to-date list of these countries please refer to woowbd.com/Safeguard/countries.
6.4. Safeguard Shipments which do not comply with the restrictions contained in these Safeguard Terms including clauses 5 and 6 may be rejected by wOow, or at wOow’ sole discretion, may be carried by wOow subject to any applicable T&C and WAYBILL without the benefit of the enhanced liability provisions contained in clause 7 of these Safeguard Terms.
6.5. The provision of clause 5 and clause 6 are in addition to the provisions of Section 7 of the WAYBILL and any similar provisions contained in any applicable T&C.
7. Subject to clause 8 of these Safeguard Terms where the value declared by the customer for a nondocument Shipment exceeds the applicable limit on wOow's liability stated in Section 4(a) of the WAYBILL, the amount of the declared value shall be substituted for that limit and wOow's liability, if any, shall not exceed the declared value of such non-document Shipment. Any partial loss or damage shall be adjusted pro- rata on the basis of the declared value of the Safeguard Shipment.
8. The enhanced liability provisions contained in clause 7 of these Safeguard Terms shall not apply to any non-document goods whose value exceeds USD 1,000 (One Thousand United States Dollars), or document shipments whose value exceeds USD 30 (Thirty United States Dollars).
9. In accordance with the provisions of Section 4(d) of the WAYBILL, the maximum value which may be declared by the customer in respect to any non-document Shipment shall not exceed USD1,000 (One Thousand United States Dollars) and for document shipment shall not exceed USD 30 (Thirty United States Dollars). In accordance with this clause 9, the customer hereby confirms and acknowledges that, in respect to the non-document Shipment, the declared value is a true reflection of the value of the goods. All statements and information provided to wOow are complete and true.
10. Basis of valuation: The value of any Safeguard Shipment shall be calculated by reference to Section 4(c) of the WAYBILL.10. Basis of valuation: The value of any Safeguard Shipment shall be calculated by reference to Section 4(c) of the WAYBILL.
11. Section 4(b) of the WAYBILL shall not apply to any Safeguard Shipment. The amount of the value declared by the customer in relation to the non-document Shipment shall be substituted for the limit of USD100/shipment stated in Section 4 of the WAYBILL for Import Express or Export Express shipments and the limit of USD25/shipment stated in Section 4 of the WAYBILL for International Express shipments.
12. The enhanced liability provisions contained in clause 7 of these Safeguard Terms will not apply where loss or damage to the Safeguard Shipment arises out of or results from:
12.1. willful misconduct of the customer, the shipper, the carrier, or the consignee;
12.2. ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of the content of the Safeguard Shipment;
12.3. insufficiency or unsuitability of packing or preparation of the Safeguard Shipment;
12.4. inherent vice or nature of the Safeguard Shipment; or
12.5. the use of any weapon of war employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter
13. Where any exclusion contained in clause 12 of these Safeguard Terms applies to a Safeguard Shipment, the enhanced liability provisions contained in clause 7 of these Safeguard Terms will not apply and the liability of wOow for any loss or damage to the Safeguard Shipment will be determined and limited in accordance with any applicable T&C and/or the WAYBILL.
14. Any claim for loss of or damage to the Safeguard Shipment must be submitted, through the online application, to the nearest wOow office, within seven (7) days of delivery, or expected date of delivery, of the Safeguard Shipment to the consignee, failing which wOow shall have no liability whatsoever. (Section 12 of the WAYBILL will not be applicable to Safeguard Shipments.) It is the sole responsibility of the receiver to immediately open any Safeguard Shipment that shows signs of damage upon arrival at the delivery address and to take immediate actions to mitigate any further damage.
15. At the time of filing the claim, the customer must provide a description and estimate of the damage or loss. With regards to non-documents goods only, the customer agrees the claim value will be the lesser of
(i) value stated in the commercial invoice; or
(ii) market value of the non-document goods.
16. The customer must provide the following documentation to wOow at the time of filing the claim:
16.1. WAYBILL for the Shield Shipment;
16.2. Commercial invoice for goods included in the Safeguard Shipment (applicable to non-document goods only);
16.3. Photographs of damage, if applicable; and
16.4. Packing list, if applicable. wOow reserves the right to request additional documentation and/or information from the customer, as required.
17. For claims related to a damaged Safeguard Shipment, the customer must make the Safeguard Shipment available to wOow for inspection by wOow appointed investigators.
18. Upon confirmed receipt of all required documentation from the customer, including any additional documentation as may be required by wOow, wOow will proceed to review and settle the claim within 30 days, subject to any additional information and/or documentation wOow may require to review the claim.
19. Upon settling the claim, customer shall release wOow from any and all liabilities related to the settled claim. Customer agrees to complete any documentation wOow may requires for such release.
20. In the event a lost Safeguard Shipment is recovered after the settlement of a claim under clauses 14 to 19, the customer agrees to refund, in full, the claim amount paid by wOow to the customer. In the event the customer does not refund the claim amount, in full, within ten (10) days of date of notice, the customer forfeits rights in the Safeguard Shipment in favor of wOow.
21. Section 14(b) and 14(c) of the WAYBILL shall not apply to any Safeguard Shipment.
22. wOow reserves the right to amend these Safeguard Terms at any time and without notice to customers. Any amendment to these Safeguard Terms will be effective ten (10) days from the date posted on wOow website at www.woowbd.com/Safeguard.
