2. Definitions

"The Recipient" or "The Consignee" means the person whose name is listed Shipment Booking as the recipient.

"Package" means any single parcel or piece that is accepted by MGX.com Ltd., including any such items tendered by the Sender utilizing mgX^TM automated systems, meters, manifests.

"Shipment" means one or more pieces, either Packages or freight, moving on a single Shipment Booking. “Shipment Booking” means the booking made online though the mgX Web Panel or mgX^TM automated systems or sent via mail by the Sender or Shipper.

"Transportation Charges" means the fees, charges and amounts assessed or levied for movement of a Shipment by mgX^TM in accordance with these Conditions or any conditions or fees subsequently imposed, but not including other fees or charges which may be assessed, such as (but not limited to) declared value charges, special handling fees, and taxes and surcharges.

"Business Day" means any day on which businesses in Bangladesh are open for business. Customers should contact mgX^TM for delivery commitments which may be affected.

"Charges" means Transportation Charges and any other charges or surcharges assessed for or levied in respect of transportation of a Shipment pursuant to these Conditions, including but not limited to Ancillary Charges, declared value charges, special handling fees and other surcharges detailed in these Conditions or any updated Conditions and, if and where applicable, taxes and other costs reasonably incurred by mgX^TM relating to transport of a Shipment.

"Declared Value for Carriage" means that value, if any, indicated by the Sender on the constituting the maximum amount mgX^TM liability in connection with the Shipment of the Package.

"Delivery Commitment Time" means the published delivery commitment for the mgX^TM service or the delivery commitment quoted by Customer Service for that Shipment which takes into account the commodity being shipped, date of shipment, destination, weight of the Shipment and value of the Shipment.

"mgX^TM Account Number" or "mgX^TM Account" means the number issued by mgX^TM to a customer or Sender or Shipper, as the case may be, ensuring account activity is summarized by the mgX^TM system and the payer is billed appropriately.

“B2C Shipments” mean Shipments pursuant to a commercial transaction between a Shipper/trader (a person (natural or legal), acting for professional purposes) and a Recipient-consumer (a natural person, acting outside of her/his professional purposes).

3. Rates

Rates and service quotations by employees and agents of mgX^TM will be based upon information provided by the Sender but final rates and service may vary based upon the Shipment actually tendered and the application of these Conditions. mgX^TM is not liable for, nor will any adjustment, refund or credit of any kind be made, as a result of any discrepancy in any rate or service quotation made prior to the tender of the Shipment and the rates, and other Charges invoiced to the customer. mgX^TM will only provide estimates of taxes. Rates applied shall be those rates applicable and in force at the time that the contract of carriage is made.

4. Billing

• 4.1) Notwithstanding that mgX^TM reserves the right to require payment of any Charges in advance as provided for in accordance with the Conditions, Invoices for any unpaid Charges are payable without discount within 5 days of the invoice date. mgX^TM reserves the right to increase any amount unpaid at due date, as of right and without prior notice of remedy, by 15 % (or such amount as applied by mgX^TM) as liquidated damages for administrative costs, anda yearly interest of 10 % above the Central Bank Rate (or such rate as applied by mgX^TM), to be calculated per commenced month or the maximum allowed interest rate under the applicable legislation, if lower.

• 4.2) "Bill Sender" or "Bill Shipper" means Charges will be billed to the Sender.

• 4.3) "Bill Recipient" or "Bill Consignee" means Charges will be billed to the Recipient.

• 4.4) "Bill Third Party" means Charges will be billed to someone other than the Sender or Recipient. The third party's valid mgX^TM Account Number must be entered in the appropriate section of the Shipment Booking. If not so entered, or if the third party does not make payment, the Transportation Charges and taxes will automatically be billed to the Sender.

• 4.5) For "Bill Sender", "Bill Recipient" or "Bill Third Party" transactions (see below), Packages will not be accepted unless a valid mgX^TM Account Number is entered on the Shipment Booking. mgX^TM Account Numbers are non-transferable. Misuse, including unauthorized consolidation of Shipments owned by different parties, may result in a loss of all discounts and denial of service. The customer to whom a mgX^TM account is issued is liable for all Charges to the account, including those resulting from unauthorized use. The account holder is responsible for the safekeeping of the account number. The mgX^TM Account Number should be disclosed only to persons authorized to ship on the account. Failure to keep the mgX^TM account current, may result in the account being placed on a "cash only" status. Placement of an account on "cash only" status may result in Packages being delayed, rejected or returned until arrangements for payment are completed.

• 4.6) If applicable, taxes may be assessed on the contents of Shipments. mgX^TM is not required to make advance payment taxes and may require the Sender, Recipient or liable third party to pay mgX^TM prior to mgX^TM discharging any liability taxes. Unless otherwise selected on the Shipment Booking, the Recipient will be charged for such taxes.

• 4.7) Regardless of any payment instructions or provisions to the contrary, the Sender shall always remain ultimately liable for the charges including any taxes, if any.

5. Invoice Adjustments / Dimensional Weight

• 5.1) mgX^TM may audit each Shipment Booking to verify service selected and Package/Shipment weight. If the service selected or weight entered is incorrect, then the Sender consents to mgX^TM unilaterally making appropriate corrections to the Shipment Booking and appropriate adjustments to the invoice at any time and will be entitled to charge a special handling fee for having to make such corrections and amendments.

• 5.2) When Shipment Bookings are produced by the Sender through any automated shipping device, any omission or incorrect entry on the Shipment Booking concerning the weight or number of Packages will result in a billing based on mgX’s estimate of the number of Packages transported and mgX^TM Conditions of Carriage either the dimensional weight at the time of billing or a standard default weight per Package estimate, as determined by mgX^TM and which will be available upon request.

• 5.3) Charges may be assessed based on dimensional weight. Dimensional weight is determined by multiplying a Package’s length x height x width (all in centimetres) and dividing by 5000 or such other number as specified by mgX^TM from time to time on mgx.com. If the result exceeds the actual weight, additional Charges may be assessed based on the dimensional weight. The rates of such additional Charges are available upon request and may be amended, without notice, by mgX^TM.

6. Refusal Or Rejection Of Shipments

mgX^TM reserves the right to refuse, hold, cancel, postpone or return any Shipment at any time if such Shipment would in the opinion of mgX^TM be likely to cause damage or delay to other Shipments, goods or persons, or the carriage of which is prohibited by law or is in violation of any of these Conditions, or the mgX^TM Account of the person or entity responsible for payment is not in good credit standing.The fact that mgX^TM accepts a Shipment does not mean that such Shipment conforms to applicable laws and regulations or to the present Conditions.

7. Restrictions

• 7.1) Package size and weight restrictions vary by mgX^TM services. Details are available upon request.

• 7.2) There is no limit on the aggregate weight of a multiple piece Shipment provided each individual Package within the Shipment does not exceed the per Package weight limit specified for the destination. Shipments exceeding 20 kilo require advance arrangement with MGX.com Ltd.. Details are available upon request.

• 7.3) Extra-large Packages are pieces weighing more than 20 kg that exceed 330 cm in length and girth combined. These pieces may be refused, or at MGX.com Ltd.’ sole discretion may be considered as Freight shipments if accepted by MGX.com Ltd., and a minimum chargeable weight of 68 kg may be applied regardless of actual weight.4.3 "Bill Recipient" or "Bill Consignee" means Charges will be billed to the Recipient.

• 7.4) MGX.com Ltd. Envelope Shipments must be tendered in the appropriate MGX.com Ltd. packaging.

• 7.5) No more than one type of service may be indicated on a single Shipment Booking.

• 7.6) The Shipper is allowed to ship up to 9,998 Packages on a single Shipment Booking.

8. Items Unacceptable For Carriage

• 8.1) The following items are not acceptable for carriage to any destination unless otherwise expressly agreed in writing by MGX.com Ltd.:

  • MONEY (coins, cash, currency paper money and negotiable instruments equivalent to cash such as endorsed stocks, bonds and cash letters),COLLECTABLE COINS AND STAMPS;

  • EXPLOSIVES (Class 1.3 explosives are not acceptable for carriage by MGX.com Ltd.. In certain countries Class 1.4 explosives may be acceptable for carriage, Customer Service should be contacted prior to shipment for details), fireworks and other items of an incendiary or flammable nature;

  • Human corpses, organs or body parts, human and animal embryos, cremated or disinterred human remains;

  • Shipments to apo / fpo addresses;

  • Firearms, weaponry, ammunition and their parts;

  • Lottery tickets, gambling devices;

  • Pornography and/or obscene material;

  • Hazardous waste, including, but not limited to, used hypodermic needles and/or syringes or medical waste;

  • Wet ice (frozen water);

  • Shipments requiring MGX.com Ltd. to obtain any special license or permit for transportation;

  • Shipments the carriage of which is prohibited by any law, statute or regulation

  • Shipments with a declared value in excess of that permitted (see section 16: declared value and limits of liability);

  • Dangerous goods except as permitted under section 9 "dangerous goods";

  • Dead animals or animals that have been mounted;

  • Packages that are wet, leaking or emit an odor of any kind;

  • Packages that are wrapped in kraft paper;

  • Live animals and insects except when the shipment is coordinated and approved by the MGX.com Ltd.live animal desk.Customers can contact MGX.com Ltd. locally for more assistance. Household pets and live fish are not accepted;

  • Shipments that may cause damage to, or delay of, equipment, personnel or other shipments.

  • MGX.com Ltd. excludes all liability for Shipments of such items howsoever accepted (including acceptance by mistake or under notice).

• 8.2) Additional restrictions may apply depending upon destination and service and service option used therefore extending the transit time. MGX.com Ltd. reserves the right to reject Packages based upon these limitations or for reasons of security or safety. MGX.com Ltd. shall be entitled to charge an administrative fee for Packages rejected and for the costs of returning goods, where applicable, to the Sender. Further information is available upon request.

9. Dangerous Goods

• 9.1) Not all MGX.com Ltd. locations accept dangerous goods, certain MGX.com Ltd. locations do not accept specific classes of dangerous goods and dangerous goods are not accepted to ship via all MGX.com Ltd. services. MGX.com Ltd. reserves the right to refuse dangerous goods at any location where they cannot be accepted.

• 9.2) All Packages containing dangerous goods must comply with the law or other applicable regulations. The Sender will be solely responsible for any damage caused by his non-compliance with law or other regulations. The Sender must provide and shall be liable for the fully effective packaging of all dangerous goods, in compliance with all requirements with regard to classifications, packaging, marking and labelling, documentation, and with any other applicable laws, regulations or rules. The Sender is also responsible for ensuring the Recipient complies with all applicable laws, regulations and rules.

• 9.3) The Sender must comply with all applicable laws, regulations or rules governing packing, marking and labelling of Shipments of blood and blood products, regardless of whether they are infectious.

• 9.4) MGX.com Ltd. packaging may not be used to ship dangerous goods (see also Section 10: PACKAGING AND MARKING).

• 9.5) Lithium batteries (UN 3090) that are Primary Non-Rechargeable require pre-approval to ship.

• 9.6) Note: MGX.com Ltd.may be required by law to report improperly declared or undeclared Shipments of dangerous goods to the appropriate local competent authority.The Sender may be subject to fines and penalties under applicable law.The dangerous goods regulations require every Sender to have job-specific dangerous goods training prior to tendering a dangerous goods Shipment to MGX.com Ltd.or another air carrier.When individuals tender a Shipment containing dangerous goods it must be properly classified, packaged, marked, labeled and identified as dangerous goods, and include the correct dangerous goods documentation.

• 9.7) MGX.com Ltd. is required to maintain proper segregation of incompatible dangerous goods on all vehicles and aircraft, if applicable. This necessity may cause the Shipment to move on the next available truck route or flight on which proper segregation can be maintained.

10. Packaging And Marking

• 10.1) All Packages must be prepared and packed by the Sender for safe transportation by air and road assuming ordinary care in handling in an express-transportation environment and in compliance with all applicable laws, regulations and rules, including those governing packing, marking and labelling. It is the responsibility of the Sender to properly complete the Shipment Booking. Each Shipment must be legibly and durably marked with the name, house, street, city and country address including postcode of the Sender and the Recipient.

• 10.2) Any articles susceptible to damage as a result of any condition, which may be encountered in land, rail and air transportation, such as changes in temperature or atmospheric pressure, must be adequately protected by appropriate packaging by the Sender. MGX.com Ltd. shall not be liable for any damage arising out of changes in temperature or pressure.

• 10.3) If the Recipient refuses a Package or the Package leaks, is damaged, or emits an odor (collectively "Leakage") it will be returned to the Sender, if possible. If the Package is refused by the Sender, or it cannot be returned because of Leakage, the Sender will be liable for and agrees to reimburse and otherwise indemnify MGX.com Ltd. for all costs, fees and expenses incurred in connection with the clean-up and/or disposal of the Package. MGX.com Ltd. reserves the right, without liability, to refuse or dispose of Package showing indications of Leakage.

11. Inspection Of Shipments

• 11.1) MGX.com Ltd. may, at its sole discretion, or upon the request of the competent authorities, open and inspect any Shipment without notice at any time, and shall incur no liability of any kind therefore.

• 11.2) In accordance with applicable regulations MGX.com Ltd. is required to undertake (random) X-ray screening. MGX.com Ltd. may undertake such screening and the Sender and Recipient hereby waive any possible claims for damages or delays as a result of screening. 11.2 In accordance with applicable regulations MGX.com Ltd. is required to undertake (random) X-ray screening. MGX.com Ltd. may undertake such screening and the Sender and Recipient hereby waive any possible claims for damages or delays as a result of screening.

12 Taxes

• 12.1) If and where applicable, without prejudice to Sections 4.6 and 4.7, MGX.com Ltd.may elect to advance on behalf of the party responsible for payment thereof ("the Payer"), any taxes as assessed.At its sole discretion, MGX.com Ltd.may require confirmation of reimbursement arrangements as a condition to completion of clearance and delivery including, but not limited to, cases of deliveries to Recipients that MGX.com Ltd.believes are not creditworthy, and of Shipments with high declared values.

• 12.2) Any Shipment may be delayed if MGX.com Ltd. is not able to obtain satisfactory confirmation of arrangements to reimburse it for amounts to be advanced for taxes. These delays, or any other failure to comply with these Conditions are liabilities not assumed and are not Service Failures.

• 12.3) If MGX.com Ltd. advances taxes it reserves the right to assess a surcharge. The Sender should refer to the MGX.com Ltd. rate sheets in effect at the time of shipment or call MGX.com Ltd. for an explanation of the surcharge. Notwithstanding that MGX.com Ltd. reserves the right at its sole discretion to auction or otherwise dispose of goods to recover Charges not reimbursed, the Sender shall remain liable for such Charges.

13. Routing And Delivery

• 13.1) MGX.com Ltd. reserves the right to route a Shipment in any way it deems appropriate. There are no stoppages on route, which are agreed upon at the time of tender of the Shipment. Some Shipments may be consolidated or forwarded by MGX.com Ltd. for transportation on third party vehicle, third party carriers, or on either a charter or an interline basis as MGX.com Ltd. may determine in its sole discretion. MGX.com Ltd. assumes no obligation to reroute any Shipment to a third destination or carry the Shipment by any specified aircraft or other vehicle, or over any particular route or to make connection at any point according to any schedules. MGX.com Ltd. may, without notice, substitute an alternate carrier, aircraft or vehicle, deviate from the route or routes, or cause the Shipment to be transported by motor vehicle or by a courier without vehicle. The Sender agrees to MGX.com Ltd.’s right to divert any Shipment (including use of other carriers) in order to facilitate its delivery.

• 13.2) Shipments are delivered to the Recipient’s address. There is no obligation to deliver a Shipment to the Recipient personally. MGX.com Ltd. may deliver to someone other than the person or entity named on the Shipment Booking. Shipment addresses should always include the complete address of the Recipient and its telephone, mobile number and e-mail address.

• 13.3) MGX.com Ltd. shall not be liable in any circumstances for any claim, which relates to seizure or detention of goods in the course of transit by government authorities.

• 13.4) Shipments to hotels, hospitals, government offices or installations, university campuses or other facilities which have a mail room or central receiving area may be delivered to the mail room or central receiving area, unless otherwise authorized and approved by MGX.com Ltd. prior to shipping.

• 13.5) Dangerous goods may not be rerouted to an address other than the original intended address of the Recipient provided by the Sender. (Note: Shipments may be made available as hold for pickup or be returned to the Sender.)

• 13.6) Any requested change to an address that is not a reroute or an address correction is a new Shipment, and new Transportation Charges will apply.

• 13.7) At its sole discretion, MGX.com Ltd. may refuse to pick up or deliver a Shipment, or use alternative pickup or delivery arrangements, to maintain the safety of its employees and in cases in which MGX.com Ltd. believes that its services may be used in violation of any applicable laws, regulations or rules.

• 13.8) For B2C Shipments, MGX.com Ltd. offers at selected locations the possibility to deliver such B2C Shipments in accordance with additional instructions received from the Recipient. The Shipper expressly acknowledges and agrees that THOSE INSTRUCTIONS CAN ALTER THE ORIGINALLY AGREED DELIVERY INSTRUCTIONS AND/OR DELIVERY COMMITMENT TIME. The Shipper and the Recipient each acknowledge and agree that the instructions from the Recipient may relate but are not limited, to (i) postponing the delivery time (ii) delivering to a neighbor (iii) delivering to another address and/or another person, provided such other address is within the same delivery area as stated on the Shipment Booking, (iv) providing instructions where to leave the B2C Shipment without obtaining a signature for delivery; (v) leaving the B2C Shipment at a pick-up point (e.g. a local store), or (vi) combinations of the foregoing instructions. The parties agree that temporary holding of the Shipment by MGX.com Ltd. pursuant to the Recipient’s instructions, e.g. to postpone the delivery, shall be considered part of the contract of carriage.

• The available delivery options for B2C Shipments are subject to time, geographical and other limitations and can be amended from time to time by MGX.com Ltd. without prior notice. Delivery option availabilities and conditions can be consulted at www.mgx.com.

• MGX.com Ltd. shall only accept additional delivery instructions for B2C Shipments. HOWEVER, SHOULD A RECIPIENT PROVIDE ADDITIONAL DELIVERY INSTRUCTIONS FOR OTHER THAN B2C SHIPMENTS, THEN THE SHIPPER AND THE RECIPIENT EACH ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE PROVISIONS.

14. Redelivery Service

• 14.1) Redelivery service will be provided with additional charge. A notice of attempted delivery will be left at the Recipient’s address after each attempted delivery, indicating date and time of the presentation. Any Shipment which cannot be delivered after three (3) attempted deliveries will be returned to the nearest MGX.com Ltd. facility and an attempt made to notify the Recipient. In the case of deliveries to a private address (“Residential Deliveries”), only one re-attempt will be made after the initial attempted delivery unless otherwise agreed in writing.

• 14.2) If the Shipment has not been delivered after three (3) attempted deliveries (two (2) in case of a Residential Delivery) or after being held for five (5) Business Days from the date the Shipment is received it will be considered undeliverable (See Section 15: UNDELIVERABLE SHIPMENTS).

15. Undeliverable Shipments

• 15.1) An undeliverable Shipment is one that cannot be delivered for reasons that include, but are not limited to, any of the following: (i) the Recipient’s address is incomplete, illegible, incorrect or cannot be located, (ii) the Shipment was addressed to an area not served by MGX.com Ltd., (iii) the Recipient's place of business is closed (iv) delivery is impossible because of the unavailability or refusal of an appropriate person to accept delivery or sign for delivery of the Shipment on the initial delivery attempt or reattempts, (v) the Shipment would likely cause damage or delay to other Shipments or property, or injury to persons, (vi) the Shipment contains prohibited items and/or dangerous goods which MGX.com Ltd. did not expressly agree in writing to deliver, (vii) the Recipient is unable or refuses to pay for a Bill Recipient Shipment, (viii) the Shipment was improperly packaged or (ix) the Shipment’s contents or packaging are damaged to the extent that re-wrapping is not possible.

• 15.2) If a Shipment is undeliverable for any reason, MGX.com Ltd. may attempt to notify the Sender to arrange for the return of the Shipment, without prejudice to any local regulatory constraints. If the Sender cannot be contacted within five (5) Business Days or fails to give instructions within a reasonable period of time as determined by MGX.com Ltd., MGX.com Ltd. at its sole discretion, may return the Shipment to the Sender; or place the Shipment in a general order warehouse or dispose of the Shipment. If a Shipment cannot be delivered, the Shipment may be transferred or disposed of by MGX.com Ltd. at its sole discretion. The Sender will be liable for any and all costs, Charges and fees incurred in returning, storing or disposing of an undeliverable Shipment, unless the Shipment was undeliverable due to the fault of MGX.com Ltd..

• 15.3) Shipments that cannot be returned due to regulatory constraints will either be placed in a general order warehouse or disposed of at MGX.com Ltd.’s sole discretion and at any location. The Sender agrees to pay any costs incurred by MGX.com Ltd. in such placement or disposal.

• 15.4) Return Charges will be assessed to the Sender together with the original Charges, unless the Shipment was undeliverable due to the fault of MGX.com Ltd.. Also included will be any other Charges incurred by MGX.com Ltd. including but not limited to taxes and storage fees, if applicable. For returned Shipments containing dangerous goods, the Sender must supply a completed return Shipment Booking and all other required documents.

16. Declared Value And Limits Of Liability

• 16.1) Unless the Sender enters a higher Declared Value for Carriage on the Shipment Booking and pays the required fee, the liability of MGX.com Ltd. is limited to the higher of a) BDT 10 per kilogram; or b) BDT 100 per Shipment.

• 16.2) MGX.com Ltd. does not provide cargo/shipment liability or all-risk insurance but the Sender may pay an additional charge for Declared Value for Carriage above the limits referred to in Section 16.1 above. The Sender should refer to the MGX.com Ltd. rate sheets in effect at the time of shipment or call MGX.com Ltd. for an explanation of the additional charge. The Declared Value for Carriage of any Package represents MGX.com Ltd.’s maximum liability in connection with a shipment of that Package, including but not limited to, any loss, damage, delay, misdelivery, any failure to provide information, or misdelivery of information relating to the Shipment. Exposure to and risk of any loss in excess of the Declared Value for Carriage is assumed by the Sender. Customers are advised to contact their insurance agent or broker for insurance coverage. Even if a higher value for carriage is declared, the liability of MGX.com Ltd. for loss of or damage to the contents of a shipment will not be more than the actual value of the contents of the shipment and MGX.com Ltd. shall be entitled to require independent proof of the value of the contents of a shipment for which a claim is made.

• 16.3) The maximum Declared Value for Carriage is limited and may vary per location.

• 16.4) When the Sender has not specified the Declared Value for Carriage of each Package on the Shipment Booking but has specified a total declared value for all Packages, the declared value for each Package will be determined by dividing the total declared value by the number of Packages on the Shipment Booking. In no event may the declared value of any Package in a Shipment exceed the declared value of the Shipment.

• 16.5) MGX.com Ltd. is not liable for any loss of, damage to, or delay, misdelivery or non-delivery of unacceptable Shipments, including but not limited to cash or currency (See Section 8: ITEMS UNACCEPTABLE FOR CARRIAGE).

• 16.6) Any declaration of a value in excess of the maximums allowed by MGX.com Ltd. is null and void. MGX.com Ltd.’s acceptance (whether inadvertent, intentional or otherwise) 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 within these Conditions as to such Shipment

• 16.7) If the Declared Value for Carriage for a Shipment exceeds the authorized limits (see Sections 16.3 and 16.4), such value shall automatically be reduced to the authorized limits for such Shipment.

• 16.8) Regardless of the Declared Value for Carriage of a Package, MGX.com Ltd.’s liability for loss, damage, delay, misdelivery, non-delivery, misinformation, any failure to provide information, or misdelivery of information, will not exceed the Shipment’s repair cost, its depreciated value or its replacement cost, whichever is less.The available delivery options for B2C Shipments are subject to time, geographical and other limitations and can be amended from time to time by MGX.com Ltd. without prior notice. Delivery option availabilities and conditions can be consulted at www.mgx.com.MGX.com Ltd. shall only accept additional delivery instructions for B2C Shipments. HOWEVER, SHOULD A RECIPIENT PROVIDE ADDITIONAL DELIVERY INSTRUCTIONS FOR OTHER THAN B2C SHIPMENTS, THEN THE SHIPPER AND THE RECIPIENT EACH ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE PROVISIONS.

17. Liabilities Not Assumed

• 17.1) MGX.com Ltd. WILL NOT BE LIABLE, IN ANY EVENT, FOR ANY DAMAGES WHETHER DIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL IN EXCESS OF THE DECLARED VALUE (AS LIMITED BY SECTION 17) OR THE LIMITATION OF LIABILITY AS SET FORTH IN THE APPLICABLE LAW, WHICHEVER IS GREATER, WHETHER OR NOT MGX.com Ltd. KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES MIGHT BE INCURRED INCLUDING, BUT NOT LIMITED TO, LOSS OF INCOME OR PROFITS.

• 17.2) MGX.com Ltd. WILL NOT BE LIABLE IN ANY EVENT FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT LOSSES OR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME OR PROFITS.

• 17.3) MGX.com Ltd. shall not be liable for losses or delays in certain circumstances set forth in Section.Exposure to and risk of any such loss or delay is assumed by the Sender and the Sender should contact an insurance agent or broker if insurance cover is desired. MGX.com Ltd. DOES NOT PROVIDE INSURANCE COVER.

• 17.4) MGX.com Ltd. will not be liable for, nor shall any adjustment, refund, or credit of any kind be made as a result of any loss, damage, delay, misdelivery or non-delivery or misinformation or failure to provide information including but not limited to any such loss, damage, delay, misdelivery, non delivery, misinformation or failure to provide information caused by or resulting from:

  • the act, default, or omission of the Sender, Recipient or any other party with an interest in the Shipment;

  • the nature of the Shipment or any defect, characteristic or inherent vice thereof;

  • the violation of any of the terms and conditions contained on the Shipment Booking or these Conditions, tariff or other terms and conditions applicable to the Shipment including, but not limited to, the incorrect declaration of the cargo, the improper or insufficient packing, securing, marking or addressing of Shipments;

  • any events beyond the control of MGX.com Ltd. including but not limited to perils of the air, public enemies, public authorities acting with apparent or actual authority, acts or omissions of government/public officials and/or law enforcement offices, riots, strikes, or other local disputes, civil commotion, pandemic, epidemic, hazards incident to a state of war or weather conditions, or national, international or local disruptions in air or ground transportation networks, criminal acts of any person(s) or entities including acts of terrorism, strikes or anticipated strikes (of any entity, including but not limited to other carriers, vendors or suppliers), natural disasters, disruption or failure of communication and information systems (including, but not limited to, MGX.com Ltd. systems), mechanical delay or conditions that present a danger to MGX.com Ltd. personnel;

  • the acts or omissions of any person other than MGX.com Ltd., compliance with verbal or written delivery instructions from the Sender, Recipient or persons claiming to represent the Sender or Recipient;

  • the loss of or damage to articles packed and sealed in Packages by the Sender, provided that the seal is unbroken at the time of delivery and the Package retains its basic integrity;

  • any delay in delivery or MGX.com Ltd.’s inability or failure to complete a delivery due to acts or omissions of any government and/or regulatory agencies;

  • the inability of MGX.com Ltd. to provide a copy of the delivery record or a copy of the signature obtained at delivery;

  • 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;

  • damage in transit or in handling of fluorescent tubes, neon lighting, neon signs, X-ray tubes, laser tubes and light bulbs, quartz crystal, quartz lamps, glass tubes such as those used for specimens and glass containers such as those used in laboratory environments or other inherently fragile items;

  • MGX.com Ltd.’s failure to honour "package orientation" graphics (e.g., "UP" arrows, "THIS END UP" markings);

  • The Sender’s failure to ship goods in packaging approved by MGX.com Ltd. prior to shipment, where such prior approval is recommended or required;

  • MGX.com Ltd.’s failure to notify the Sender of any delay, loss or damage or any inaccuracy in such notice;

  • Shipments released without obtaining a signature if a release delivery authorization signed by the Recipient is on file;

  • MGX.com Ltd.’s failure or inability to attempt to contact the Sender or Recipient concerning incomplete or inaccurate address, incorrect or incomplete documentation, non-payment of taxes in connection with any shipment;

  • loss of or damage to any Package for which MGX.com Ltd. has no record of receipt;

  • Shipment of scale models (including but not limited to, architectural models, doll houses, etc.);

  • damage to briefcases, luggage, garment bags, aluminium cases, plastic cases, or other items whose outer finish might be damaged by adhesive labels, soiling or marking unless placed in an adequate, protective container for shipment;

  • damage, delay or loss of any Shipment containing a prohibited item;

  • damage arising from any failure by the Sender to pack the material shipped in a manner adequate to protect it from damage, adequacy being assessed in the reasonable determination of MGX.com Ltd. having regard to handling normally to be expected in the hands of a carrier such as MGX.com Ltd.;

  • The loss or any personal or financial information including but not limited to, social security numbers, dates of birth, drivers license numbers, credit or debit card numbers and financial account information;

  • The Sender’s failure to delete all Shipments entered into a MGX.com Ltd. self-invoicing system, Internet shipping device or any other electronic shipping method used to ship a Package when the Shipment is not tendered to MGX.com Ltd.;

  • The use of an incomplete, inaccurate, or invalid MGX.com Ltd. Account Number or a failure to provide a valid MGX.com Ltd. Account Number in good credit standing in the billing instructions on shipping documentation;

  • Damage to computers, or any components thereof, or any electronic equipment when shipped in any packaging other than:

    • The manufacturer's riginal packaging, which is undamaged and has retained a good, rigid condition;

    • Packaging that is in accordance with the MGX.com Ltd. packaging guidelines available n mgx.com;

    • MGX.com Ltd. laptop packaging, for Shipments of laptop computers;

    • MGX.com Ltd. small electronic device packaging, for Shipments of cell phones, handheld computers, MP3 players and similar items;

  • Provision of packaging, advice, assistance or guidance on the appropriate packaging of Shipments by MGX.com Ltd. does not constitute acceptance of liability by MGX.com Ltd. unless such advice, assistance or guidance has been approved in writing by MGX.com Ltd. Packaging Design and Development and the writing expressly accepts liability in the event of a damaged Shipment;

  • Damages indicated by any shockwatch, tiltmeter or temperature instruments;

  • Failing to meet our Delivery Commitment Time for any Shipments with an incomplete or incorrect address. (See the Undeliverable Shipments section.);

  • Loss or damage to alcohol Shipments unless an approved packaging type is used or MGX.com Ltd. Packaging Design and Development has pre-approved such packaging prior to shipment;

  • Dangerous goods Shipments that the Sender did not properly declare, including proper documentation, markings, labels and packaging. MGX.com Ltd. will not pay a claim on undeclared or hidden dangerous goods and the MGX.com Ltd. Money Back Guarantee does not apply;

  • MGX.com Ltd. will not be liable for the failure to provide any services or service options where MGX.com Ltd. records do not reflect that the services or service options were selected by the Sender.

• 17.5) Except in case of intentional action of MGX.com Ltd., the Sender shall be liable for any damage caused by the Shipment to MGX.com Ltd. or to a third party. The Sender shall guarantee and hold MGX.com Ltd. harmless of any claim of a third party, notably the Recipient, for any liability exceeding the liability assumed under these Conditions.

• 17.6) Any payment made by MGX.com Ltd. pursuant to a claim of the Sender or of a third party shall not be deemed to constitute an acceptance of liability.

18. No Warranties

Save as expressly set out herein MGX.com Ltd. makes no warranties, express or implied.

19. Claims

• 19.1) Claims for Damage, Delay or Shortage All claims due to damage (visible or concealed), delay (including spoilage claims) or shortage must be notified to MGX.com Ltd. in writing within 15 calendar days after delivery of the Shipment, failing which no action for damages may be brought against MGX.com Ltd.. Receipt of the Shipment by the Recipient without written notice of damage on the delivery receipt is prima facie evidence that the Shipment was delivered in good condition. As a condition for MGX.com Ltd. considering any claim for damage the Recipient must make the contents, original shipping cartons and packaging available for inspection by MGX.com Ltd..

• MGX.com Ltd. reserves the right to inspect damaged Shipments on the customer’s premises as well as the right to retrieve the damaged Package for inspection at a MGX.com Ltd. facility.
  All of the original shipping cartons, packing and contents must be made available for inspection by MGX.com Ltd. and retained until the claim is concluded.

• 19.2) Other claims (Loss, Non-delivery, Misdelivery) All other claims, including, but not limited to, claims for loss, non-delivery or misdelivery must be received by MGX.com Ltd. within nine months after the Package was tendered to MGX.com Ltd..

• 19.3) Filing a Claim and Time Limitation Within nine months the Package was tendered to MGX.com Ltd., it must be documented by sending all relevant information about it to MGX.com Ltd.. MGX.com Ltd. is not obligated to act on any claim until all Charges have been paid; the claim amount must not be deducted from those Charges.The right to damages against MGX.com Ltd. shall be extinguished unless a legal action is brought within two (2) years from the date of delivery (in case of damage) or the date the Shipment should have been delivered (in case of loss, non-delivery, misdelivery or delay in delivery).The agreed date of delivery for purposes of calculating the deadline shall be the day following the date of the Shipment. Statutes of limitation providing for shorter statutory or contractually agreed provisions shall prevail over this provision.Only one claim can be filed in connection with a Shipment. Acceptance of payment of a claim shall extinguish any right to recover further damages or to claim further compensation in connection with that Shipment.

20. Surcharges

MGX.com Ltd. reserves the right to assess fuel and other surcharges on Shipments without notice. The duration and amount will be determined at MGX.com Ltd.’s sole discretion. The Sender, by tendering his Shipment to MGX.com Ltd., agrees to pay the surcharges in force at the later of the time of order or time of collection, such Charges to be determined by MGX.com Ltd. at its entire discretion. Details of current surcharges are will be informed with the charges schedule.

21. Non-waiver

Any failure by MGX.com Ltd. to enforce or apply a provision of these Conditions does not constitute a waiver of that provision and does not otherwise impair MGX.com Ltd.’s right to enforce such provision.

22. Mandatory Law

These Conditions shall not exclude any liability where the exclusion of that liability is prohibited by law.Insofar as any provision contained or referred to in these Conditions may be contrary to any local law such provision shall be limited to the maximum extent permitted and, as limited, shall remain in effect as part of the agreement between MGX.com Ltd. and the Sender. The invalidity or unenforceability of any provision shall not affect any other part of these Conditions.

23. Data Protection

• 23.1) MGX.com Ltd. warrants that:

  • it shall comply with all mandatory applicable laws, regulations and rules concerning data protection or privacy in relation to personal data processed by it for the performance of a Shipment.

  • it shall maintain appropriate security systems in relation to data held by it to prevent unlawful or unauthorized accessing or use of data and the accidental loss or destruction of, or damage to, such data.

  • it shall only process any personal data to the extent necessary for the performance of the Shipment.

  • the data shall only be held for as long as is reasonably necessary.

• 23.2) By submitting any personal data to MGX.com Ltd. the Shipper consents to MGX.com Ltd. using this data for the purposes of MGX.com Ltd. (or its agents or subcontractors) performing their obligations under the relevant Shipment Booking and the Conditions. In particular, the Shipper consents to MGX.com Ltd. sharing shipment data, including personal data with third parties as may be required. The Shipper also consents to MGX.com Ltd. sharing this data with its subsidiaries and branches, and confirms that MGX.com Ltd. can do the same with the Consignee’s personal data.

• 23.3) In relation to any data provided by the Shipper concerning a Consignee or third party in connection with a Shipment, the Shipper warrants that it has complied with applicable data protection laws including obtaining all necessary consents and approvals for the provision of such data to MGX.com Ltd. and the processing by MGX.com Ltd. of this data for the performance of the Shipment and, where the Shipper has provided data concerning a Consignee or third party in connection with a Shipment, then the Shipper warrants, represents and undertakes that, as agent on behalf of MGX.com Ltd., it has complied with all applicable data protection laws including providing the relevant data subject with all information in connection with the collection, transfer and processing of such data including, without limitation:

  • the identity of MGX.com Ltd. as data controller;

  • the purposes of the processing, being in respect of the delivery of the Shipment;

  • the categories of data which the Shipper will pass to MGX.com Ltd.;

  • confirmation that the data is to be passed to MGX.com Ltd. and to MGX.com Ltd.' affiliates located in and/or out of Bangladesh, in connection with the performance of the Shipment, including alternative delivery instructions received from the Recipient;

  • the mandatory or optional nature of providing data and the consequences in case of refusal to provide date;

  • the data subject's rights to access the data and request the rectification of inaccurate data or to oppose to its processing for legitimate purposes, and contact details that may be used to exercise such rights.

  The Shipper will indemnify MGX.com Ltd. in respect of all costs, claims, damages and expenses suffered or incurred by MGX.com Ltd. in connection with the Sender's failure to comply with this condition.

• 23.4) In connection with the performance of the Shipment MGX.com Ltd. may use the services of subcontractors or agents and that data shall be transferred to them solely for the performance of their services in connection with such Shipment and in accordance with these Conditions.