LIABILITIES & OBLIGATIONS
a. The goods shipped shall be tightly sealed by the consignor and packaged in a good manner to allow transport and handling. The Consignor shall be solely liable for loss or damage as a result of poor packaging and handling. If the nature of the goods requires special preparation for carriage, the consignor shall do so in a manner that protects them from destruction and does not expose persons or other objects to damage and shall be liable for any damage resulting from his breach to this obligation.
b. The Consignor shall be fully responsible for any damage, loss or additional expenses incurred by NYAZIK, including storage expenses amounting to (SR 5) per day. The value shall be calculated after 24 hours from the time of the final date of receipt according to (d) in this Article.
c. In the event of damage, loss or delay to one of NYAZIK LOGISTICS flights due to the type and content of the movables, the consignor and consignee shall be jointly liable to indemnify NYAZIK LOGISTICS or others for damages.
d. The beneficiary of the postal services is entitled to submit his complaint to NYAZIK LOGISTICS within a maximum period of 120 days from the date of filing the postal materials.
e. NYAZIK LOGISTICS shall have the right to refer to the beneficiary of the postal service in any money paid on behalf of the beneficiary in respect of the contracted service, after taking the prior consent of the beneficiary to do so, and to submit proof of payment to the governmental authorities.
f. NYAZIK LOGISTICS is obliged to process the complaint of the beneficiaries of the postal service within 10 days from the date of submitting the complaint. NYAZIK LOGISTICS shall also send a text message (SMS, Email or paper) regarding the processing of the complaint and provide them with reference numbers and inform them of the developments of the processing of their complaints and the new period expected to finalize processing, taking into account the time limit for handling the complaint.
g. NYAZIK LOGISTICS is committed to keep the complaint of the beneficiary of the postal service and all the procedures taken for one calendar year from the date of closing the complaint.
h. NYAZIK LOGISTICS is committed to address the complaints of the beneficiaries of the postal services through an electronic system in which the procedures of handling the complaint from the beginning of its submission until its closure are kept and documented.
j. NYAZIK LOGISTICS shall be obliged to keep the contracts of postal services provided to the beneficiaries for a period not less than one calendar year. The burden of proving the beneficiary's consent shall be the sole responsibility of NYAZIK LOGISTICS.
k. NYAZIK LOGISTICS shall have the right to destroy, unload and withdraw the movables if necessary, without incurring any compensation to the Consignor for such work.
l. NYAZIK LOGISTICS shall be entitled to the cost of carriage for delayed or lost goods that are shipped due to force majeure or error by the Consignor or Consignee or their agents or representatives or because of an underlying or hidden defect in the goods or because of lack of volume or weight during transport due to the nature of the goods transported such as, evaporation, dehydration, maturation or any other reason beyond the control of NYAZIK LOGISTICS which prevents it from executing the terms of the contract. NYAZIK LOGISTICS shall be exempted from the liability in all such cases.
m. Shipping through NYAZIK LOGISTICS is not covered by insurance and the maximum value of the goods sent for one waybill does not exceed the amount of 100 riyals. If the value of the goods is not provided by the customer in the waybill and invoices indicating the value mentioned on the waybill are not provided before proceeding to shipment, it will be considered as an approval that the goods are worth less than 100 riyals.
n. In the event of loss, damage, destruction, damage or damage caused by NYAZIK LOGISTICS, NYAZIK LOGISTICS liability limits shall be compensated on the basis of the value of the example.
o. In the event of delay in the delivery of movables on the date agreed upon between the two parties and NYAZIK LOGISTICS is responsible for the delay, the limits of NYAZIK LOGISTICS 's liability shall not exceed two and a half times the value of the carriage to be paid for the delayed parts. Such liability shall not exceed the value of the total carriage in accordance with the contract of carriage and provided that the consignor or consignee provide written notification within three days of receipt of the movables in order to claim compensation.
p. In the event of indirect damages caused by NYAZIK LOGISTICS due to the damage and destruction of all or some of the movables or loss or delay in delivery on the agreed date such as disruption of the production wheel or the arrival of the goods in the off-season or the loss of profits or the decline in the market value of the movables, NYAZIK LOGISTICS 's liability shall be limited in respect of such damages so as not to exceed the value of the carriage, provided that the consignor or consignee shall provide written notification within three days of receipt of the movables to claim compensation. However, in the event that NYAZIK LOGISTICS compensates the consignor for direct damages, its liability is fully exempt from indirect damages and is implicit in the compensation for direct damages.
q. The Consignor acknowledges and agrees to exempt NYAZIK LOGISTICS from full liability in the following cases:
a. One working day has passed since the consignee received the goods and signed the receipt.
b. Delay or refusal to receive the movables by the consignee shall not exceed 10 days from the date of arrival to his city of destination.
c. Loss, damage or delay resulting from an error by the consignor.
d. Loss or damage caused by mites, vermin and as a result of use and gradual damage and fragmentation.
e. Loss or damage due to traffic accidents regardless of the cause.
f. Loss or damage due to theft, if it is conducted by a non-employee of NYAZIK LOGISTICS. If theft is conducted by a NYAZIK LOGISTICS employee, its responsibility shall be limited to what is stated in Article 8 (*).
g. Loss, damage or delay beyond NYAZIK LOGISTICS ’s control, such as force majeure, which includes, disturbances by means of land or air transportation due to bad weather, outbreaks of fire, floods, wars, conflicts, security disturbances, government decisions, labor problems or obligations which extends its effects to NYAZIK LOGISTICS.