Fulfilment Terms of Service (Starlinks)

These Fulfilment Terms of Service form a supplementary set of conditions to those identified here: General Primis Terms of Use and cover the provision of Fulfilment Services  to the Company by the Third-Party Provider Starlinks.

1. Definitions

Capitalised terms used in these Special Terms and not otherwise defined shall have the meaning given to them in the General Terms of Use:

Applicable Law means the laws and regulations of the Kingdom of Saudi Arabia, including any of their amendments that may be made from time-to-time.

Captions. Captions contained in the Agreement are for convenient reference only and shall not be used in interpreting and of the provisions hereof.

Dangerous Goods shall mean any Goods, articles or substances that are classified as dangerous goods under the Applicable Law and/or represent a significant risk to health, safety, or property when transported by the requested mode of transport and which are classified according to the most current editions of the manuals or instructions issued by the local and/or international governmental and non-governmental organizations in charge of regulating the affected mode of transport, including but not limited to the ICAO (International Civil Aviation Organization), IATA (International Air Transport Association), IMO (International Maritime Organization), UN (United Nations) or by any other governmental entity and shall also include any and all dangerous or restricted items that may be advised for by the Third-Party Provider from time-to-time.

Default in relation to this Agreement means any incident, circumstances, conduct, act of omission or commission on the part of either Party, its employees and/or its subcontractors; involving negligence or misconduct; or dishonesty; breach of any explicit or implied condition, warranty or other term under the Applicable Law or under any provision of this Agreement; or breach of confidentiality.

Fulfilment Services  shall mean the warehousing and transportation services provided by the Third-Party Provider to the Company pursuant to the fees and Rates applicable, as outlined in the relevant appendices / SLA.

Goods shall mean the materials and products provided by the Company to the Third-Party Provider for the provision of the Fulfilment Services  under this Agreement.

Landed Cost means the total cost of a product, including its price, transportation expenses, customs duties, taxes, and insurance, or as may be determined by the Third-Party Provider’s insurance policy at the time.

Manifest shall mean a document which shows the content of a shipment/shipments related to the Fulfilment Services .

Prohibited Goods shall mean all Goods prohibited for carriage including those declared as prohibited, restricted or banned under the Applicable Law or by any other local and/or international governmental, regulatory, or other authorities and shall also any and all prohibited, restricted or banned Goods that may be advised for by the Third-Party Provider from time to time.

Rates means the fees charged for Fulfilment Services provided by Third-Party Providers to the Company, as updated from time to time in accordance with the provisions of these Special Terms. These Rates shall be communicated directly to the Company by Primis, either by inclusion in the relevant Agreement or through a separate rate sheet or fee schedule provided to the Company prior to the commencement of such Services.

Third-Party Provider shall have the same meaning as defined within the General Terms of Use and under these Special Terms specifically references Starlinks having places of business in Dubai & the Kingdom of Saudi Arabia.

Undeliverable Shipment a shipment where the Third-Party Provider has exhausted all reasonable means to attempt delivery and failed after the agreed number of three (3) delivery attempts or as otherwise specified within the relevant appendix or SLA due to a reason out of the Third-Party Provider’s control, and for which no further delivery attempts will be made.

2. Scope Of Services

2.1 Appointment: The Company hereby appoints the Third-Party Provider to provide the Fulfilment Services , in accordance with the terms and subject to the conditions set forth in the Agreement and those specified in the relevant appendices and SLA, and the Third-Party Provider accepts the said appointment.

3. Obligations Of The Third-Party Provider

3.1 The Third-Party Provider will keep a record of inventory for the Goods stored within its Warehouse Management System (“WMS”). The WMS will be the primary system of record. In the event where gross negligence was proven resulting from the Third-Party Provider or its employees following an investigation conducted solely by the Third-Party Provider and it was found that there has been damage or loss to certain Goods, then the Third-Party Provider will compensate the Company for the cost of missing and/or damaged Goods (“Loss of Goods”). Prior to any compensation to be made by the Third-Party Provider to the Company, there shall be an allowance equal to 0.3% for any losses and/or damages associated to the Warehouse’s operations, measured against the total physical quantity of inventory recorded by the Third-Party Provider in its WMS. The Loss of Goods must represent a quantity in excess of 0.3% of the registered Goods that the Third-Party Provider has recorded and confirmed in its WMS on an annual basis. Any compensation made pursuant to this clause 3.1 herein will be based on the Landed Cost of the Goods and not sales value.

3.2 The Third-Party Provider shall be responsible for the Fulfilment Services , excluding the provision of any Fulfilment Services  made hereunder for any Dangerous or Prohibited Goods that the Company becomes responsible for.

3.3 With respect to the transportation activities provided subject to the Fulfilment Services  under this Agreement, the Third-Party Provider shall only be responsible for any loss or damage to the Goods after they are loaded and secured onto its vehicles and the driver has signed for the received Goods and applies until delivery has been completed or returned back to origin. The Third-Party Provider’s liability shall be limited to the value set forth in the relevant appendix to this Agreement (if applicable) or the Landed Cost of the Goods, whichever is the lowest, subject to the terms set forth in clause 9 below.

3.4 Upon the delivery of the Goods by the Third-Party Provider, the Third-Party Provider shall be released from any liability immediately.

3.5 The Third-Party Provider will make available through its information technology systems the required tracking and inventory visibility in compliance with the Transport General Authority rules and regulations for Goods in transit, as well as any other applicable regulations imposed by relevant authorities.

3.6 The Third-Party Provider shall not be held liable for any Undeliverable Shipments, and the Third-Party Provider shall have the right to return the Undeliverable Shipments back to the Company.

3.7 The Third-Party Provider reserves the right to refuse, hold or return any shipment if the shipment is likely to cause damage or delay to other shipments, equipment, or employees or is prohibited by Applicable Law inside the Kingdom of Saudi Arabia or is a violation of any of the Third-Party Provider’s terms and conditions of carriage as per the SLA, as amended from time to time.

3.8 The Third-Party Provider has the right to outsource the Fulfilment Services  provided under this Agreement in whole or in part to registered and qualified subcontractors. The Third-Party Provider shall remain responsible to the Company for the actions of any subcontractor in relation to the performance of the subcontracted services.

3.9 The Third-Party Provider shall provide the Company with a storage space located at the Agility Warehouse in Riyadh with a total area of 150 square metres (“Storage Space”). The Storage Space may be increased or decreased based on the Company’s requirements and the Third-Party Provider’s available capacity. The Company shall be responsible for paying the fees corresponding to the actual storage space provided, and such fees shall be invoiced by the Third-Party Provider in accordance with the rates specified in the relevant appendices to this Agreement and subject to the terms and conditions set out herein.

3.10 The Company shall not lease, sublet, assign, or permit any third party to use the Storage Space or any part thereof in any manner whatsoever.

4. Obligations Of The Company

4.1 The Company covenants to pay all fees, costs, and charges under this Agreement and its appendices in a timely manner, whenever they are due as per the terms of this Agreement and comply with all its obligations imposed under this Agreement. Failure to pay any invoices or frustrating any due payments, or breaching any of the obligations in this Agreement shall be considered a Default by the Company.

4.2 The Company shall remain the sole owner of its Goods stored, handled and/or transported by the Third-Party Provider.

4.3 The Company shall ensure the safety and legality of the Goods stored in the Warehouses of the Third-Party Provider, in compliance with the Applicable Law. The Company shall ensure that the Goods do not constitute Prohibited Goods and/or Dangerous Goods and ensure that the source of these Goods is legal and legitimate, and if proven otherwise, the Company will be responsible and liable to all governmental and non-governmental entities and the Third-Party Provider shall not be regarded as a partner or contributor to any illegal act.

4.4 The Company shall supply and make available upon the Third-Party Provider’s request, any information required by the Third-Party Provider to enable the Fulfilment Services  hereunder to be carried out in an efficient and safe manner. The Company acknowledges and agrees that any impact to the Fulfilment Services  as a result of the Company not providing the required data in the format requested is a Default by the Company which is incapable of being attributed to the Third-Party Provider.

4.5 By signing this Agreement, the Company agrees to be bound by the Third-Party Provider’s terms of business presented in the SLA annexed to this Agreement. The terms and conditions of the SLA may be modified by the Third-Party Provider from time to time by providing written notification to the Company.

4.6 The SLA outlines the guidelines to be followed by the Parties with respect to the operational and technical aspects of the provision of the Fulfilment Services .

4.7 The Company shall ensure disclosing to the Third-Party Provider the content of all Goods through providing the pre-requisite material and master safety data (“Master Safety Data”), as well as obtaining the Third-Party Provider’s prior written approval prior to the storage of any of the Company’s Goods in the Warehouse.

4.8 The Company shall supply and make available upon the Third-Party Provider’s request, the Master Safety Data and information required by the Third-Party Provider to enable the Fulfilment Services  hereunder to be carried out in an efficient and safe manner. The Company acknowledges and agrees that any impact to the Fulfilment Services  as a result of the Company not providing the required data in the format requested is a Default by the Company which is incapable of being attributed to the Third-Party Provider.

4.9 The Company acknowledges and agrees that, in alignment with the Transport General Authority (“TGA”) directives, the Third-Party Provider shall not accept, handle, process, or deliver any parcel, shipment, or consignment that does not include a valid and complete National Address (“NA”).

4.9.1 The Company further understands that any delays, rejections, operational impacts, penalties, fines, taxes, government fees, or any additional costs resulting from the Company’s failure to provide a valid NA shall be the sole responsibility of the Company. The Company expressly agrees that any such costs, charges, fines, penalties, fees, or taxes incurred by the Third-Party Provider as a result of the Company’s non-compliance shall be fully passed through to the Company, and the Third-Party Provider shall bear no liability whatsoever for any consequences arising therefrom.

4.9.2 The Third-Party Provider reserves the right to refuse receipt of any shipment that lacks the required NA information, without this being deemed a breach of the Agreement.

5. Indemnity And Limitation Of Liability

5.1 The Parties shall indemnify and hold harmless each other against any and all breach, claims (including third party claims), liabilities, damages costs and expenses of any kind incurred by the other Party and all actions or proceedings that may be brought against the other Party arising out of or in connection with this Agreement. In no event shall either Party be liable for indirect, punitive, special, exemplary, incidental, loss of opportunity, loss of profits, or consequential damages.

5.2 Notwithstanding any other provision of this Agreement, the liability of the Third-Party Provider under this Agreement shall in no event exceed the total value of the Fulfilment Services  provided by the Third-Party Provider to the Company in the given contractual year. This limitation of liability is without prejudice to any other rights or remedies the Third-Party Provider may have under this Agreement and Applicable Law.

6. Fee And Payment Terms

6.1 Rates

6.1.1 In consideration of the Fulfilment Services provided by the Third-Party Provider, the Company shall be charged in accordance with the Rates. All Rates provided are exclusive of VAT, which shall be applied in accordance with the Zakat, Tax and Customs Authority in the Kingdom of Saudi Arabia.

6.1.2 The Third-Party Provider maintains the right to adjust the Rates of the Fulfilment Services  at any time and for any reason during the Term of this Agreement by providing the Company with fifteen (15) business days prior written notice.

6.1.3 The Rates shall be subject to periodic adjustments based on the inflation rates published by the Saudi Central Bank. Such adjustments will be communicated by the Third-Party Provider to the Company with five (5) business days prior written notice.

6.2 Government Fees. Should the government of the Kingdom of Saudi Arabia introduce direct or indirect taxes, withholding, tolls, charges, levies or similar fees which would affect the cost of providing the Fulfilment Services then the Rates and charges provided in the relevant appendix shall be adjusted to reflect these additional costs to be payable by the Company.

6.3 Invoices.

6.3.1 The Third-Party Provider shall issue invoices for the performance of the actual Fulfilment Services  provided during the Term. The Company agrees to settle the relevant invoice within thirty (30) calendar days of the date of the relevant invoice.

6.3.2 In the event that the Company disputes any amount appearing in such invoice, the Company must object to the invoice and explain the reason for the objection with supporting evidence within five (5) business days from the date of the invoice, otherwise the invoice will be considered accepted and binding. If the Third-Party Provider does not provide a clarification or amendment acceptable to the Company on the points of contention, the Company shall settle all undisputed values upon their due date and seek to find an amicable solution for the disputed value.

6.3.3 The Rates are dependent on a fifteen-day payment term, therefore, in the event payment is delayed for five (5) business days or more after the due date, the delayed, undisputed amounts will reflect a 5% increase in the Rates, and the oncoming charges for the Rates of the Fulfilment Services  shall reflect the same 5% increase and be billed as such until all undisputed, delayed payments have been settled.

6.3.4 The Third-Party Provider maintains the right to suspend and/or cancel all Fulfilment Services  and operations due to delayed payments by providing the Company with five (5) business days prior written notice and will resume operations if/when payment has been completed for all overdue amounts.

6.3.5 The Third-Party Provider shall have the right to set off the value of all invoices and amounts billed to the Company against the cash collected on delivery whilst providing the Fulfilment Services  to the Company.

6.3.6 Primis, and the Third-Party Provider, shall have a lien on all Goods in respect of which Primis, and the Third-Party Provider, are providing services to the Company for all Fees due at any time under these Terms of Service or otherwise. Primis, and the Third-Party Provider, may exercise their lien on all Goods at any time when payment has not been made in accordance with the provisions of these Terms of Service including but not limited to the right, at the Company’s expense, to sell the aforementioned Good in order to settle payments due by the Company to Primis.

7. Not used
8. Contract Termination

8.1 Without prejudice to any accrued rights and remedies available to both Parties, the Parties shall have the right to terminate this Agreement in the following events:

8.1.1 If a Party commits a material breach under this Agreement, the affected Party has the right to submit a detailed written notice to the defaulting Party in identifying the breach and requiring the Party in breach to remedy its breach within thirty (30) days. Failure to remedy the breach within the thirty (30) days period from the date of receiving the notice, shall entitle the affected Party to terminate this Agreement immediately.

8.1.2 If either Party wishes to terminate this Agreement for convenience, the terminating Party shall be required to provide the other Party with a thirty (30) days prior written notice.

8.1.3 In the event the Company objects to the Third-Party Provider’s right to amend the Rates in accordance with clause 6 of this Agreement (“Revised Rates”), the Third-Party Provider may terminate this Agreement by providing the Company with ten (10) business days prior written notice. The Revised Rates shall be those applied to the Fulfilment Services  from the date they come into effect as per clause 6 above and up to the effective termination date.

8.1.4 This Agreement may be terminated by the Parties by way of a mutual written agreement.

8.2 Notwithstanding the Term of this Agreement, this Agreement will be considered automatically terminated if a Party becomes insolvent or becomes unable to pay its debts as they fall due or being adjudged bankrupt, insolvent or ceasing to carry on business or having a receiver or administrator appointed for the seizure of the whole or any part of its assets. In this case, the Company shall pay all of its outstanding dues owed to the Third-Party Provider under this Agreement accrued until the effective termination date.

9. Insurance

9.1 The Company shall insure their Goods while they are stored at the Third-Party Provider’s Warehouse, and the Company shall bear the cost of such insurance. The Third-Party Provider shall not be responsible for any loss or damage to the Goods during storage, save for in accordance with the terms set in clause 3.1 above.

9.2 The Third-Party Provider shall maintain cargo insurance for the duration of this Agreement to provide coverage against losses, claims, and damages to the Goods.

9.3 The Company shall be obligated to provide the Third-Party Provider with the costs of its Goods, which will be transported by the Third-Party Provider in full on a quarterly basis, for each shipment to be completed by the Third-Party Provider no later than the 10th of the first month of each following quarter. In the event the Company does not provide these required details to the Third-Party Provider, all claims shall be processed in accordance with the estimated value per shipment and not on actual basis, and/or subject to the practices of the insurance Third-Party Provider as per the policy held at the time of the claim.

9.4 In all events, the Third-Party Provider shall only be responsible for any damage or loss to the Company’s Goods resulting from its gross negligence during the provision of the Fulfilment Services , as well as the liability of the Third-Party Provider shall be limited to the Landed Cost of the Goods, and any compensation to be provided shall be subject to the terms, conditions, and limitations of the insurance policy held by the Third-Party Provider at the time of the claim.

10. General Provisions

10.1 Confidentiality. 

10.1.1 The Parties agree that all information, documents, records, and materials disclosed by the Company to the Third-Party Provider and vice versa and all services and materials submitted on behalf of the Third-Party Provider shall always remain under full confidentiality and it will not be disclosed to any third party. This information may include, but is not limited to, information about the Parties that may be of value to competitors. The Party that breaches the confidentiality obligations in this clause shall be liable for any unauthorized disclosure.

10.1.2 Any breach of this confidentiality clause shall entitle the non-breaching party the right to terminate this Agreement and issue the commencement of legal proceedings against the defaulting Party. A disclosure of confidential information if it was made at the request of a competent court or by a Party claiming its rights before judicial authorities shall not be construed as a breach of this clause. The confidentiality obligations set forth in this clause shall survive for a period of one (1) year from the effective termination date of this Agreement. Upon the termination or expiry of this Agreement for any reason, each Party shall return or destroy the Confidential Information belonging to the other Party, except to the extent that retention is required to comply with applicable regulatory requirements.

10.2 Personal Data Protection

10.2.1 In performing and participating in the Fulfilment Services  contemplated by this Agreement, the Company may have access to one or more databases, applications, reports, documents and/or other information in hardcopy or electronic form that contain or process data relating to identified or identifiable individuals (“Personal Data”), which the Company acknowledges may be of a sensitive nature and which the Company undertakes to treat in a strictly confidential manner and not to use unless explicitly authorized by the Third-Party Provider in writing. The Company acknowledges and agrees that the Third-Party Provider may share Personal Data with third parties in order to perform the Fulfilment Services .

10.2.2 The Parties consent to the processing of their respective Personal Data and commit to process any Personal Data received from the other Party and/or its affiliates in accordance with all Applicable Laws and regulations (as may be amended from time to time) related to processing and protecting such data in the Kingdom of Saudi Arabia’s including Personal Data Protection Law (issued by royal decree No. (M/19) dated 1443/2/9 AH), the Main Principles and General Rules for Sharing Data issued by the Saudi Data and Artificial Intelligence Authority (SDAIA) and National Data Management Office (NDMO).

10.3 Discourses and Communication

10.3.1 All communication, written notices, and correspondence from one Party to the other shall be in writing or through emails and delivered to any of the approved addresses. If any of the Parties to this Agreement changes its contact details, they must immediately notify the other Party of its new contact details. Day-to-day business activities may be handled through e-mail communication between the authorized personnel of both Parties.

10.4 Not used

10.5 Force Majeure

10.5.1 Neither Party shall be liable to the other for failure to perform its obligations under this Agreement, if prevented from doing so because of unforeseen circumstances including but not limited to act of God, fire, flood, explosion, acts of terrorism, pandemics or because the continuation of the Fulfilment Services  at the facility would be in violation of Applicable Law or would cause or create any material safety, health or environmental concerns or for other causes beyond the reasonable control of the Party (“Force Majeure”).

10.5.2 Upon the occurrence of a Force Majeure event, the Party seeking to rely on this provision shall promptly give written notice to the other Party of the nature and consequence of the cause. Each Party shall use commercially reasonable efforts to minimize the effects of a Force Majeure event.

10.5.3 If a Force Majeure event occurs with respect to any of the obligations of the Parties under this Agreement and such Force Majeure event is estimated to last beyond a period of time so that a Party’s performance of it obligations are materially disrupted, the Parties shall agree as to alternative temporary arrangements, the temporary cessation of Fulfilment Services  and/or obligations or the termination of this Agreement.

10.6 The Prevailing Language. The English text of this Agreement and its appendices is the approved version in all of the correspondences between the two Parties.

10.7 The Calendar. The Gregorian calendar is the only calendar that shall be taken as a basis for all dates contained in this Agreement and all deals resulting from implementations therein.

10.8 Dispute Resolution. Any dispute arising between the Parties with regard to performance under this Agreement, if not settled through direct and amicable negotiations, such dispute shall be finally and exclusively settled according to the courts in the city of Dammam in the Kingdom of Saudi Arabia.

10.9 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but which together shall constitute one and the same agreement. The person signing on behalf of each Party represents that he or she has the right and power to execute this Agreement.

Appendix (1): Fulfillment – Terms and Conditions

1. One yearly cycle count is free of charge. Additional cycle counts requested by the Company will be charged at cost + 10%.
2. The Rates provided above are valid for the duration of the standard hours of operation of the Third-Party Provider and shall exclude public holidays and Fridays. Additional rates for optional services and out of hours services can be offered upon request.
3. The core operating hours of the Third-Party Provider’s fulfillment center are Saturday to Thursday from 8:00 – 17:00 for inbound orders and 8:00 – 20:00 for outbound orders. Options for extended hours and additional shifts during official government holidays are available and can be agreed upon at an additional cost with the Company as per their requirements.
4. Unless otherwise specified in the lead time and coverage table, the orders must be integrated into the Third-Party Provider’s warehouse management system for same day dispatch to the assigned cities in this Agreement by 13:00.
5. Unless otherwise specified in the lead time and coverage table, the orders must be integrated into the Third-Party Provider’s warehouse management system for next day dispatch to the assigned cities in this Agreement by 17:00.
6. Same day service deliveries are only applicable for delivery points in the same city the fulfilment center is located.
7. The Third-Party Provider will provide its standard branded packaging types, at the agreed cost. The packaging requirements must be specified within the SLA. If the Company requires bespoke packaging, this can be provided by the Third-Party Provider and will be charged as per the Rates. Specific packaging requested by the Company will be invoiced regardless of being consumed or not.
8. Any other kitting requirements or value-added services must be accompanied by a description manual explaining the same. A co-signed manual must be completed by the Company prior to implementation.
9. The Company must share daily, weekly, monthly and quarterly forecasts by storage type and location for expected volumes for storage, inbound and outbound deliveries. Any discrepancies in forecast or lack of providing one may lead to performance failures, which cannot be attributed to the Third-Party Provider.
10. Inventory will be managed and reported by the assigned WMS, provided the Company has submitted all required information. The Third-Party Provider has the right to adjust the Rates with immediate effect if the relevant information is not provided that allows the WMS to be fully implemented.
11. All inbound shipments must be supported by an advance shipment notice prior to delivery with the inbound team at the relevant Warehouse. The minimum notice must be before twenty four (24) hours and within agreed hours of inbound operations detailed in the SLA or surcharges may apply.
12. Any inbound, returned, or damaged shipments that could be deemed to cause harm or damage to the Third-Party Provider’s employees or property will be either refused or disposed of.
13. All inbound shipments should be received as cases or pallets, shrink wrapped and in good condition. Any damage to the pallets, cases or the products can result in refusal of receipt by the Third-Party Provider, at their sole and full discretion.
14. Accepted pallets size as follows: 120x100cm and 120x80cm. Maximum height is 160 cm. Pallets outside these dimensions will be repalletized and charged as per the Rates. The storage will be charged as per the number of pallets it is repalletized into.
15. The Third-Party Provider will inspect and count the number of packages, cases or pallets upon receiving them from the Company at the assigned Warehouse. The Third-Party Provider will confirm that the quantities and/or specifications of the Goods are as per the inbound documents provided by the Company.
16. All Goods must have barcodes to be used in the Third-Party Provider’s WMS. Any costs incurred to rectify this will be charged to the Company. The Third-Party Provider has the right to refuse any products that do not meet the required standards.
17. If the delivery service is managed by a third-party courier, the Company will be allocated as standard one third party courier sortation. All outbound shipments will be palletized and shrink wrapped with costs invoiced as per activity.
18. For shipments handled within the Third-Party Provider’s networks, weights are volumetric defined as L x H x W / 5000.
19. All outbound movement of inventory are invoiced at the pick and pack rate per unit in the Rates, and this will apply to all movement types including but not limited to: inventory transfer, liquidation, destruction, and disposal.

Appendix (2): Final Mile Delivery – Terms and Conditions

1. The Rates provided are valid for the duration of the standard hours of operation of the Third-Party Provider and shall exclude public holidays and Fridays. Additional rates for optional services and out of hours services can be offered upon request.
2. The Rates offered are for projected volumes as shared by the Company. In the event of a short fall of the projected volume of 20% for two (2) consecutive months, the Third-Party Provider has the right to adjust the Rates with five (5) business days prior written notice.
3. The Company shall have a valid credit account with the Third-Party Provider and will be held responsible for safeguarding the account number and shall not disclose it to anyone other than the persons authorized to ship using that account. Any unauthorized use of the Company’s account is the responsibility of the Company and the Company shall bear the liability of all resulting consequences.
4. All claims must be reported by the Company. Claims due to loss, damage, delay, shortage or deterioration and losses resulting from damage caused by delay or late delivery must be made to the Third-Party Provider in writing within five (5) days from the scheduled time of delivery. If required, the Third-Party Provider will provide to the Company an incident report within thirty (30) days of the receipt of the claim.
5. The Third-Party Provider will not be liable for any damages for loss, late delivery, or damage as a result of insufficient information from the Company.
6. The Third-Party Provider will not be liable for any delays, losses, or damages due to customs clearance or government authorities’ procedures.
7. The Third-Party Provider shall not be liable for any consequences and no compensation shall be due from the Third-Party Provider in the following events, which include but are not limited to, non-compliance by the Company with any of these terms and conditions, incorrect declaration of packages, illegal acts by any person or persons other than the Third-Party Provider, acts of law, Government or quarantine regulations, war hazards, adverse weather conditions, mechanical delay or disruption of air or ground transportation networks, conditions that present danger to the Third-Party Provider’s employees, or disruption or failure of communication systems other than those related to the Third-Party Provider, acts or omissions by any person other than the Third-Party Provider.
8. The Third-Party Provider shall not be liable for failure or inability to provide a copy of the delivery record, or for erasure, loss or irretrievability of information stored on magnetic tapes, files, or any other storage media, or erasure of photographic images, soundtracks from exposed films when in government authority custody.
9. A shipment is collected for same day delivery as per the agreed order integration time and the agreed collection time, will be charged at the same day rate, whether delivered on the same day or subsequent days or is attempted three (3) times and returned due to delivery failure.
10. Undeliverable Shipments shall be charged as per the Rates. The Undeliverable Shipment will be returned to the Third-Party Provider’s facility as classified as return to vendor.
11. Cash collected shall be remitted and transferred after both Parties’ approvals.
12. Dimensional weight rate is applicable to any parcel or shipment where the volume of the shipment exceeds the acceptable maximum weight. The dimensional weight of any parcel is calculated as follows: Length (cm) x width (cm) x height (cm) divided by 5000 = volumetric weight in kilograms (kgs). If the Company does not declare the greater of the actual weight or the dimensional rate of any shipment, and/or if upon inspection the Third-Party Provider finds the declaration to be inaccurate, then the shipment data will be modified, and the correct charges will be applied as per the correct weight, and an admin fee of 10 SAR for the correction will apply.
13. The Third-Party Provider shall have the right to reject any shipments which it believes cannot be safely or lawfully transported at its discretion. Such right of rejection shall not relieve the Company of, or impose on the Third-Party Provider, any responsibility for the proper preparation, protection, packing and marking of shipments nor shall it relieve the Company of, or impose on the Third-Party Provider, responsibilities or liabilities arising from the nature of any defect in the shipment or failure to declare the true value thereof.
14. Bearer and blank cheques are excluded from the scope of services provided by the Third-Party Provider under this Agreement. The Third-Party Provider will not carry bearer and blank cheques and the Company warrants and guarantees that all of its shipments provided to the Third-Party Provider pursuant to the provision of the Fulfilment Services  do not include any bearer or blank cheques.
15. The Third-Party Provider and or any government authorities may, at their own discretion, open and inspect any shipment at any time without notifying the Company.
16. No shipment shall be tendered by the Company that cannot be transported in accordance with applicable customs, import, export and any other related laws and regulations unless the same has been declared to the Third-Party Provider and made the subject of a specific waiver or agreement prior to the shipment transportation.
17. The Company’s account number must appear in the designated place on the air waybill and in any shipment data and must be valid. The Company is liable for all charges and fees relating to a collection or delivery.
18. The Third-Party Provider reserves the right to audit the air waybill to verify the service selected and the weight of the parcel or shipment. If the service selected or the weight entered is not correct, the Third-Party Provider shall make the appropriate adjustment to the invoice at any time.
19. The Company is responsible for the accuracy of information contained on the air waybill and in the shipment data to enable the Third-Party Provider to perform the Fulfilment Services  correctly and prepare accurate invoices. If the Company does not provide accurate shipment data at the time of shipment, the Third-Party Provider will prepare an invoice according to the number of transported parcels and the weight of every parcel as amended and adjusted by the Third-Party Provider.
20. The Company is entirely responsible for the recipients’ full address on the orders received by the Third-Party Provider through any applicable platform. The Third-Party Provider shall not be held accountable for not meeting its delivery time commitment for any shipment having an incomplete or incorrect address and in all such cases the standard delivery time will be void until the correct information is received. Incomplete addresses that require manual intervention will be routed through the Company service team to be manually corrected by contacting the consignee through their mobile phone number, which they should have provided. If this option for correction fails, then the Third-Party Provider will inform the Company to arrange an alternative solution.
21. The following items will not be accepted for transportation:

• Human parts, human remains or ash.
• Firearms and firearm accessories: including but not limited to ammunition, dismantled firearms, vision enhancement/zooming equipment, precision and aiming equipment and distance measurement equipment.
• Perishable foodstuffs and foods, beverages requiring refrigeration or other items requiring environmental control.
• Imitation or replica firearms, ammunition, explosives/explosive devices.
• Loose precious stones.
• Lottery tickets and gambling devices.
• Pornographic, sex toys, items related to sex and/or obscene material.
• Hazardous waste, including but not limited to used hypodermic needles or syringes or other medical waste.
• Hazardous material (chemical, explosives, fuels, fertilizers and poisons).
• Live animals or dead animals or parts including insects and pets.
• Alcohol.
• Political material or any related contents.
• Items offensive to Muslim culture or the country’s rules and regulation, politics, habits or traditions.
• Packages that may cause damage to/or delay of equipment or personnel or other packages.
• Flammable material and pressurized containers.
• Money (coins, cash, currency, paper money and negotiable instruments equivalent to cash such as endorsed stocks, bonds and cash letters), collectable coins and stamps.
• Military Items and clothes.
• Spying devices and hidden cameras in any form.
• Halloween masks.
• Lithium batteries.
• Bullion (or any precious metals).
• Toy guns, air guns.
• Antiques and works of art.
• Banderols/tax stickers.
• Cigarettes.
• Heavy equipment.