Terms and Conditions

Your contract is with dnata, a Dubai corporation, trading as “Transguard” established by Decree No. 1 of 1987 (as amended) and having its principal place of business at Emirates Group Head Quarters, P.O. Box 686, Dubai, United Arab Emirates (hereinafter called the “Company”).

In these Conditions, “the Company”, “we” or “us” means dnata (trading as Transguard). The Valuable Handling Receipt and these Conditions form the sole basis of the contract between you and us. Your contract is governed exclusively by the laws of the Emirate of Dubai and the applicable federal laws of the United Arab Emirates, and the Dubai Courts shall have exclusive jurisdiction to determine any dispute or claim that arises out of or in connection with the contract.

When you deposit your goods with us, you guarantee that you have the authority to accept and do accept the terms of these Conditions on behalf of yourself or the owner of the goods. The person who signs the Valuable Handling Receipt must be at least 21 years old.

    • Subject to the terms of these Conditions, the Company undertakes to store and ensure the safe-keeping of the goods described in the Valuable Handling Receipt (hereinafter called the “goods”) on a “said to contain” basis.

    • Delivery of the goods to you or to your agent (as specified by you) shall constitute a sufficient performance by the Company of its obligations under this contract.

    • If you refuse to accept delivery thereof or if the Company should be otherwise prevented from delivering the goods to you by reasons beyond its control, the Company may, at its absolute discretion, store the goods at your sole risk, liability and cost until re-delivered you.

    • You undertake that in no circumstances shall you cause or require the Company to transport or handle any goods unlawfully and you shall fully indemnify the Company in respect of any loss, damage or expense whatsoever, which the Company might suffer as a result of you breach of this undertaking.

    • You shall be deemed to be bound by and to warrant the accuracy of all descriptions, valuations and other particulars furnished to the Company for customs, consular, and other purposes, and you undertake to indemnify the Company against all fines, losses, expenses, and damages whatsoever arising from any breach of such warranty howsoever caused.

    • You hereby warrant that you are either the owner of or the authorised agent of the owner of the goods and you further warrant that you are authorised to accept and are accepting the terms of this contract not only for yourself but also as agent for or on behalf of all other persons who have or may hereafter have any interest in the goods.

    • The Company reserves to itself absolute discretion to the means, route and procedure to be followed in the storage, guarding and transportation of the goods. Further, if in the opinion of the Company it is at any stage necessary or desirable in you interests to depart from any instructions given by you as to such matters the Company shall be at liberty to do so. You undertake promptly to take any reasonable security precaution recommended by the Company.

    • The Company shall not be obliged to make any declaration for the purpose of any statute or contract as to the value or nature of the goods or as to any special interest in delivery, unless so required by law or expressly instructed by you in writing.

    • Unless special arrangements have been previously made in writing to the contrary you warrant that the goods are not noxious, dangerous, hazardous, inflammable, explosive or otherwise likely to cause damage.

    • The Company undertakes to indemnify you in respect of any loss of or damage to the goods while in the actual custody or control of the Company or of any independent contractor up to the limit of liability stated in paragraph 2.7 below, PROVIDED THAT the Company shall not be liable for loss, damage, liability or expense directly or indirectly caused by or contributed to, by or arising from:

      1. any such loss, damage, liability or expense suffered which is caused, or materially contributed to, by you, your agent or the owner of the goods (beneficial or otherwise), or any of its director, officers, employees, agents or shareholders (beneficial or otherwise);

      2. any burglary or theft during the exhibition

      3. natural ageing, gradual deterioration, inherent defect, rust or oxidisation, moth or vermin;

      4. breakage of container (and articles contained therein) unless such breakage is caused by the gross negligence or wilful misconduct of the Company;

      5. house breaking other than at the premises of the Company;

      6. aridity, humidity, exposure to light or extremes of temperature unless such loss or damage is caused by fire, lightning, explosion, storm, flood or earthquake;

      7. your dishonesty or the dishonesty of your agent or the dishonesty of the owner of the goods (beneficial or otherwise), or any of its director, officers, employees, agents or shareholders (beneficial or otherwise) acting alone or in collusion with others;

      8. the radioactive, toxic, explosive or other hazardous or contaminating properties of any nuclear installation, reactor or other nuclear assembly or nuclear component thereof;

      9. any weapons of war employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force of matter;

      10. an act or incident which occurs or is committed whether directly or indirectly by reason of or in connection with war, invasion, act of foreign enemy, hostilities or warlike operations (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power, seizure of power arising from a military conspiracy, civil commotion or civil unrest, sabotage, terrorism including any form of cyber attack;

      11. ionizing radiations from or contamination or radioactivity from any nuclear fuel or from any nuclear waste or from the combustion of nuclear fuel;

      12. any chemical, biological, bio-chemical or electromagnetic weapon;

      13. a Force Majeure Event, which shall mean any cause preventing either party from performing any or all of its obligations which arises from, or is attributable to, acts, events or omissions beyond the reasonable control of the party so prevented, including, without limitation, fire, flood, explosion, earthquake, accident or other calamity, epidemic, quarantine restrictions, embargos, strikes, lock-outs, labour dispute or labour stoppage, disruption of telecommunications and interruption or degradation of any public utility or service, any act of government or any law or governmental order, rule or regulation, unless such circumstances were known by the parties at the date this contract was made as indicated above

      14. negligent packing of the container or the goods or incorrect addressing or labelling of such container or the goods;

      15. consequences of any insufficient or incorrect description or valuation of the goods;

      16. the contents of a sealed container, where the container is delivered with the seals intact;

      17. any opening of container or the goods required by authorized officials, whether customs or otherwise, to inspect the container or the goods;

      18. any loss or damage to containers or the goods relating and/or arising out of directly or indirectly caused by or contributed to by or arising from the use or operation, as a means of inflicting harm, of any computer, computer system, computer software program, malicious code, computer virus or process or any other electronic system;

    • The Company shall not be liable for any loss or damage to the goods if such loss or damage arises out of or in connection with any breach of any of these Conditions by you or your negligence or wilful misconduct, or where the owner of the goods is a company, the negligence or wilful misconduct of that company or any of its employees, directors, agents or servants, or due to the Company complying with your written instructions.

    • You shall, upon knowledge of any circumstances which may give rise to a claim against the Company, inform the Company immediately and in any event not later than 24 hours of such knowledge.

    • Any claim by the Customer arising from this Agreement must be notified to the Company immediately via email or fax on discovery of loss or damage and followed-up by a claim in writing stating the loss or damage within 24 (twenty four) hours from discovery of the loss or damage or from the time of goods were physically handed over or tendered to the Customer or any other party specified by you whichever is earlier. Such notification shall be followed-up by a detailed statement of claim in writing to the Company within 7 business days from first notification of loss or damage by you to the Company.

    • You shall fully cooperate with the Company, its insurers or their appointed representatives in the investigation and assessment of its claim and/or circumstances giving rise to such a claim. You shall also provide all necessary supporting documents to substantiate its claim and shall provide access to its premises, records and personnel in this regard.

    • Your failure to fully comply with your obligations under these Conditions shall release the Company from its obligations with regard to any claim made by you under these Conditions.

    • The Company’s liability for each claim made under these Conditions shall not exceed the lesser of: (i) the invoice value; (ii) the declared value; and (iii) the market value of the goods to which such claim relates, and shall not in any event exceed US$ 27,000 (United States Dollars Twenty Seven Thousand only).

    • You shall indemnify the Company fully against and hold the Company harmless in respect of any claim whatsoever by any of your servants or agents against the Company arising out of the presence of such servant or agent on or in any of the Company’s vehicles, aircraft or premises howsoever such claim might arise.

    • You shall be liable for any duties, taxes, imposts, levies, deposits or outlays of any kind whatsoever levied by the authorities at any place for or in connection with the goods and for any payments, fines, expenses, loss or damage whatsoever incurred or sustained by the Company in connection therewith.

    • Any of the services which the Company undertakes in pursuance of this contract may in the absolute discretion of the Company (but without affecting the Company's obligations to the Customer under the Contract) be performed by the Company itself or by its own servants or agents performing part or all of the relevant services or by the Company employing or instructing or entrusting the performance of part or all of the relevant services to independent contractors.

    • Where this contract does not provide that the Company shall perform its services for you for a specified period, or on specified occasions, the contract may be terminated by three month’s notice in writing.

    • Without prejudice to paragraph 14 above, the Company may treat this contract as terminated by repudiation if you commit any breach of condition of the contract or commit an act of bankruptcy or the owner goes into liquidation (other than for the purpose of reconstruction or amalgamation) or suffers the appointment of a receiver of any of his or its property or income or makes any deed of arrangement with or composition for the benefit of his or its creditors generally.