Service Terms and Conditions



NAQEL’s OBLIGATIONS


NAQEL shall, on its letterhead, execute a service contract for each consignment

NAQEL shall provide the beneficiary with either soft / hard copy of the service contract and shall maintain this service contract for a period not less than one calendar year from the date of conclusion of the contract, and shall bear the burden of proving the beneficiary's consent in the event of any dispute.

NAQEL subjects to the applicable the rules of the Saudi Customs on exports and imports and shall be liable to it for all customs violations committed by the consignor and to pay the associated penalties “if any”.

NAQEL is obliged to display and open all incoming and outgoing parcels to and from the customs officer to complete the customs procedures.

NAQEL is obliged to implement customs instructions related to the display of parcels containing controlled items to any of the entities entrusted with such control, such as the Ministry of Agriculture, the Ministry of Health, the Ministry of media, the Ministry of Commerce, the Ministry of the Interior and other relevant government agencies.

NAQEL provides a free call center for beneficiary’s services in the Kingdom and ensure the circulation and availability of contact numbers and addresses by which the beneficiary can clarify the status of consignment.

1. NAQEL provides an administrative department to receive manage and handle beneficiary complaints.

2. NAQEL is committed to displaying service information and pricing to the beneficiary clearly, promotional offers, if any, and the terms and conditions of service, and adhering to which as declared.

3. NAQEL is obliged to secure the approval of the beneficiary for the service provided, the prices, the mechanism of payment, cancellation and refund before the execution of transaction, or subscribing to the service and any updates that may occur and shall provide proofs if required.

4. No deductions from the beneficiary account without the prior consent of the beneficiary.

5. NAQEL is obliged to provide the beneficiary with an electronic invoice or text message stating the details of the request and the amount paid by the beneficiary.

6. NAQEL provides shipment tracking system and ensure eligibility of communication with the delivery courier.

7. NAQEL shall notify the Beneficiary as soon as the amount paid for the service is returned upon its cancellation or when it is compensated in accordance with NAQEL's claims rules and procedures.

8. NAQEL is committed to maintaining the confidentiality of beneficiary information and is responsible for protecting it and not to disclose unless against court order or CITC request.

9. NAQEL adheres to the regulations, rules and procedures in force in the Kingdom governing the collection and return of funds.

10. NAQEL is committed to providing appropriate means of communication for people with special needs.

11. NAQEL is committed to publishing claims rules and procedures in the event of a breach of an obligation such as loss, delay, or miss-delivery.

12. NAQEL is committed to clarifying the maximum time it takes to deliver the request to the beneficiary.

13. NAQEL is committed to preparing and publishing rules and procedures for handling undeliverable requests.

14. NAQEL sets standards to improve the quality of the user experience, measure it, and improve it based on measurement of results and beneficiary evaluations.

15. Provides the possibility to cancel the delivery request by the beneficiary, and publish the conditions for accepting the cancellation request and its charges, if any.

16. The NAQEL will provide an electronic form for the recovery process, containing the data necessary to return the funds and enable the beneficiary to fill it personally for compensation.

17. The NAQEL will notify the beneficiary if the cancellation of the request is accepted by email or text massage.

18. Through its online platform, NAQEL provides a form for submitting beneficiaries' complaints to record their number, date, and what is being done, along with the preparation and publication of complaints processing procedures and duration.

19. NAQEL shall provide the Beneficiary with a receipt for any payment made, including the amount, the service provided,

20. NAQEL shall keep this receipt for a period not less than one calendar year from the date of receiving the payment.

21. NAQEL shall return any overpayment to the Beneficiary within 15 working days from the date of its notification.


Customs procedures, Exports and Imports


NAQEL may perform any of the following activities on Shipper’s behalf in order to provide its services to Shipper: (1) complete any documents, amend product or service codes, and pay any duties or taxes required under applicable laws and regulations, (2) act as Shipper’s forwarding agent for customs and export control purposes and as Receiver solely for the purpose of designating a customs broker to perform customs clearance and entry and (3) redirect the Shipment to Receiver’s import broker or other address upon request by any person who NAQEL believes in its reasonable opinion to be authorized.


Unacceptable Shipments

Shipper acknowledges that its Shipment is acceptable for transportation and is deemed unacceptable if:


it is classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization),

Letters, such as personal correspondence as well as correspondence of any kind, with an address other than the address of the receiver, but may courier open invoices limited to the data to which they are regulated.

All kinds of banknotes

All materials prohibited from entry or exit under the Customs Laws and its executive regulations and the laws and regulations in force in the Kingdom .

Silver and gold, whether currency or bullion, may not be transferred outside the Kingdom unless licensed by the Ministry of Finance and National Economy (Customs Authority).

Images, books, cartoons, newspapers and all things that violate Islamic traditions or include prejudice to symptoms or a breach of the security of the Kingdom.

All kinds of tapes, microfilm strips and the like.

Odor and Smelly things.

Live or dead Pets and insects except live bees, provided that they are packed in secured boxes arranged in a manner that prevents the occurrence of hazards and helps to facilitate inspection.

Parcels with addresses different from the addresses of the parcels placed inside.


Goods prohibited from importation


Swine and its meat, fat, hair, blood and offal, and all that is extracted from it

Dogs; except dogs for hunting, guarding or for guiding the blind with certificates from the competent authorities in the exporting country authenticated by the Saudi embassy indicating that the dog to be entered is a dog for guarding, hunting or for guiding the blind. In addition, it shall be presented to the veterinary quarantine

Frog meat.

Narcotic drugs of all kinds, forms and names in addition to the snuff, tumbak and cola nut (Cola acuminate) "Goro

All foodstuffs made of animal blood

Wines and intoxicants of all kinds including what contains alcoholic substances at any intoxicating ratio, as well as wine distillation appliances and materials which are not used except in its distillation.

The Holy Quran in commercial quantities.

Blank invoices addressed in the name of foreign companies abroad.

Advertising materials for cigarettes of all kinds.

The cross or any commodity with pictures, inscriptions, drawings, recitations or phrases including books, prospectuses and other publications, films and tapes which are contrary to the Islamic faith and morals or the publications regulation.

Empty packing’s coming from abroad for their refilling domestically with origin indication affixed on them.

Dummies which are not in compliance with the Sharia provisions and general morals and imported for sale in commercial quantities.

Tools, machines and devices for gambling of all kinds.

Used and retreaded tires.

Christmas trees.

Weapons and military equipment of all kinds, parts, and ammunitions thereof exclusive of those for competent government sectors.

Night vision binoculars, binocular night vision cameras and telescopic sights for fitting to arms.

Explosive and radioactive substances, firecrackers, gunpowder salt of all kinds and potassium chlorates except with an official permit.

Fireworks of all kinds.

Medicaments not bearing a label or accompanied by a leaflet showing their composition and quantity of each component according to the regulation for practicing the profession of pharmacology and trade in medicines and medical preparations.

Goods on which is drawn the government emblem in the form of two crossed Swords with a palm tree with long stem and leaves in the space above and between the blades properly represented.

Nutmeg fruit; seeds and powder thereof. Permission to import it is confined to its Powder mixed with other spices within the limits of permissible ratio which does not exceed 20%.

Bonds and coupons for sacrificial animals (Adahiy and Hady), ransom (Fidyah) and charity (Sadaqah).

Cameras which strip the body of dresses in a naked form.

Massage devices presented in a manner violating morals.

Small cars and motorcycles for children which their height from their wheel axis does not exceed 50 cm, and equipped with petrol, gas or any combustible substance-powered engine as well as battery-powered if its speed exceeds 10 km/hour.

Unlocking devices used in opening doors and cars.

Annoying horns.

Disguise masks.

Empty bags imported separately bearing marks or data about foodstuffs or cement or their companies' trademarks. What is imported for domestic companies is excluded.

Transparent women' cloaks even if is for personal use.

Special forms of knives designed for aggressive purposes such as being with two blades or with handle.

Entertainment devices, which contain hysterical laughter.

Sodium carbonates (soda ash).

Pens in syringe form.

Goods bearing flags of foreign countries in a big prominent form.

Preparations which cause irritation to the organs of the body.

Specimen of Prophet Mohammed's (peace be upon him) stamp.

Wild animal hides.

Wireless video transmitters (video booster)

Suitcases containing radio, cassette recorder and alarm devices.

Greeting cards containing a small musical device that runs automatically upon moving the card.

Vehicle antennas similar to antennas of policemen' cars and wireless televisions.

Counterfeit money.

Potassium bromate which is used as a maturing agent in baking bread.

Vehicles with two exhaust pipes, 450 Horse Power and ordinary transmission.

Devices fixed behind the driver to alert him in case he sleeps.

Eagle emblem.

Devices, which change the voice.

Laser spectacles with perforations.

Illuminated footwear in which mercury is used.

Games in the form of human hand, which some drivers display prominently in their vehicles.

Electronic mihrab.

Kaaba Musharafa model.

Six-pointed star.

Old newspapers.

Vehicles with steering wheel on the right side.

Antique guns.

Laser pens.



Restricted goods for import


The following substances are subject to examination by the agricultural and veterinary quarantine at the Ministry of Agriculture and Water according to the Council of Ministers' resolution No. 50 dated 17/10/1989:


(A) Animal Products / Consignments

1. Edible live animals of all kinds.

2. Wild predatory live animals.

3. Ornamental birds of all kinds.

4. Live poultry, rabbits and chicks of all kinds.

5. Ornamental fish of all kinds.

6. Eggs for hatching.

7. Semen.

8. Veterinary vaccines.

9. Veterinary medicaments (the veterinary medicaments shall be released by the competent committee formed for this purpose by the Ministry of Health according to the Royal Decree No. M/18 on 26/02/1978 and its implementation rules. The representative of the Ministry of Agriculture and Water participates in this committee membership.

10. Animal feed concentrates and vitamins and mineral salts thereof; them analysis and examination shall include hormones if any.

11. Hides, skins, hair, fur skins and wool of animal origin not subject to any processing.



(B) Agricultural Consignments

1.Palm parcels.

2. Saplings.

3. Ornamental plants.

4. Fresh fruits, vegetables and dates, perishable items.

5. Seeds.

6. Cereals and substances used as animal feed such as barley, corn, millet, soya bean, hay, Rhodes grass and oilcake of all kinds.

7. Organic fertilizers and peat moss.

8. All agricultural pesticides and chemical fertilizers; dry and liquid.

9. All other products shall be released by the Ministry of Commerce represented in the Quality Control Laboratories such as foodstuffs (meat, fish, canned food, iron, aluminum, etc.).

10. All wild animals except with an approval by the Saudi Wildlife Authority as per letter identifying their types, numbers and species.

11. Edible eggs shall bear the seal of the producing country. But, eggs imported for hatching, a certificate from the agricultural quarantine shall be presented stating that it is imported for hatching.

12. Wheat and flour except through the Grain Silos and Flour Mills organization.

13. The conditions pertaining to tobacco and articles thereof shall be observed (such as the need to comply with the specifications and bear warning phrases, tar proportion, manufacturing date and the necessity to display warning pictures on the cigarette packets).

14. Any type of medicament or medical preparation shall not be released for trading or a. For hospitals unless for whoever holds a license from the Saudi Food & Drug Authority (SFDA). The release requires producing an independent certificate or a note on the invoices by SFDA indicating expressly that the products meet the right conditions. The exemption of alcohol and radioactive isotopes from the customs duties provided for in chapters (22, 28) requires producing a certificate from SFDA proving that they are intended for medical purposes. The exemption of the medicaments provided in chapter (30) from the customs duties requires that the product shall be included in the heading and explanatory notes thereof and chapter b. (30) notes.

15. Chemical substances of all kinds including explosives, firecrackers, gunpowder salt of all kinds and potassium chlorates shall not be released unless after obtaining a prior permission from the competent authority. Imports in the name of competent government agencies are excluded.

16. All publications imported whether readable, audible, visual or handwritten shall not a. Be released unless with an approval by the Ministry of Information.

17. Importation of unused postage of current issue in the Kingdom shall be made by the competent government agency.

18. For the importation of worn clothing, it is required to be accompanied by a disinfection certificate from abroad; otherwise, it shall be presented to the quarantine.

19. Distillation devices shall not be released unless by an approval by the Ministry of Health or any of its branches with regard to medical and scientific purposes. But those pertaining to companies of maintenance, technical services and general contracting shall be released by the Ministry of Commerce and Investment.

20. Electrical appliances indicated in the lists reported to the Customs as well as the a. Goods which their release requires their conformity with the standard specifications shall not be released unless after presenting this certificate for goods imported for trading purpose.

21. Wireless devices of all kinds, whatever their range, shall require a prior permit a. Except those imported for government agencies and corporations; they shall be released according to a letter from the competent minister specifying their types, quantities and the purpose of their importation. 22. Hunting arms, white arms and firearms intended for firing live ammunition such as a. Signal pistols and other arms such as air, gas or spring guns and pistols or others, as well as fireworks of all kinds, toy rifles to train boys on target-shooting, pistols with disturbing noise and similar types used for hunting, investment, sporting and entertainment purposes require a prior approval by the competent authorities.

23. Military ranks, clothing and insignia except with an approval by the competent authorities.

24. Vehicles bearing plates or inscriptions indicating that they belong to a military security agency, except with an approval by the competent authorities.

25. Used vehicles spare parts.

26. Used garments.

27. Detection devices for gold, jewelry and the like, except with an approval by the competent authorities.

28. Detection devices for counterfeit currency except with approval by the competent authorities.

29. Plastics signs resembling traffic signs which are mounted on vehicles, except with an approval by the competent authorities.

30. Fire extinguishing powder containers and fire alarm devices.

31. Safety devices.

32. Mail processing machines.

33. Antiques.

34. Horses.

35. Vehicles ornament resembling military ranks.

36. Clichés imported to national companies and establishments.

37. Aircraft operated by remote control.

38. Fishing boats.

39. Machines and tools for manufacturing, repairing and copying keys, except with a license from the Public Security.

40. Ozone depleting substances (Presidency of Meteorology and Environment).

41. Endangered animals (Saudi Wildlife Authority).

42. Television receiver cards (Ministry of Information).

43. Gas cylinders (shall be presented to the Saudi Standards, Metrology and Quality Organization).


Controlled Goods

Hereby is covered a Range of Commodities/Items that requires authorization/Certification from Specific Government Ministries to be Imported into the Kingdom else requires a Certificate of Conformity from the shipper

Commodity/ Item Description Authorization Authorization Ministry
Ink Products MOCI (Ministry of Commerce & Investment )
Toner MOCI (Ministry of Commerce & Investment )
Chemicals MOCI (Ministry of Commerce & Investment )
Satellite Communication Equipment's CITC (Communication & Information Technology Commission)
Wireless Computer Systems & Networking Equipment’s CITC (Communication & Information Technology Commission)
Wireless Telecommunication Equipment's CITC (Communication & Information Technology Commission)
Global Positioning System Equipment's (GPS) CITC (Communication & Information Technology Commission)
Cosmetics & Perfumes SFDA ( Saudi Food & Drugs Authority)
Reagents & Diagnostics SFDA ( Saudi Food & Drugs Authority)
Laboratory Chemicals & Solutions SFDA ( Saudi Food & Drugs Authority)
Cosmetics & Perfumes SFDA ( Saudi Food & Drugs Authority)
Laboratory Chemicals & Solutions SFDA ( Saudi Food & Drugs Authority)
Reagents & Diagnostics SFDA ( Saudi Food & Drugs Authority)
Books MOI (Ministry of Information)
Cards Consisting Electronic Information - E.g. Satellite TV Cards, ID Cards, Maps MOI (Ministry of Information)
Compact Disc – Music / Data Files MOI (Ministry of Information)
Computer Games MOI (Ministry of Information)


COLLECT OF SHIPMENT

Where NAQEL has agreed to bill the consignee for the cost of the shipment NAQEL reserves the right to refuse delivery until all transportation and other charges have been paid. If consignee refuses to pay, the shipper will be liable for all such charges, including without limitation, costs of returning the shipment if required.


THE NAQEL WAYBILL

Upon shipment collection, NAQEL issue an AWB subjects to the following:

A. This NAQEL waybill in NON-NEGOTIABLE and the shipper acknowledges that it has been prepared by the shipper or by NAQEL on behalf of the shipper. The shipper warrants that it is the owner of the goods transported hereunder, or it is the authorized agent of the owner of the goods, and that it hereby accepts NAQEL terms and conditions for itself and as agent for and on behalf of any person having any interest in the shipment.

B. The shipper shall be solely liable for all cost and expenses related to the shipment and for costs incurred in either returning the shipment to the shipper or warehousing the shipment-pending disposition. The shipper acknowledges that NAQEL is not a common carrier and that NAQEL reserve the right to refuse or abandon the carriage or transportation of any goods for any person, firm or company and the carriage of transportation of any class of goods at its discretion.


RIGHT OF INSPECTION OF SHIPMENT

NAQEL has the right, but not the obligation, to inspect any shipment, including, without limitation, opening the shipment. In relation to each shipment NAQEL reserves the right to correct any under-declaration or weight and re-invoice the customer accordingly.


LIEN IN GOODS SHIPPED

NAQEL shall have a lien in any goods shipped for all transportation charges, advances or other charges of any kind arising out of transportation hereunder and may refuse to surrender possession of the goods until such charges are paid.


Delivery OF SHIPMENT

NAQEL shall deliver all consignments to the address of the consignee, registered in the service contract, and shall be responsible for any loss, delay or miss delivery caused by it.

The consignment shall be delivered to the named consignee or so authorized representative with applying restricted procedures to verify the identity of the recipient before handover.

NAQEL shall recollect any consignment with miss-delivered.

Failure of delivery of a consignment due to the consignee's refusal to receive them or for any other reason by the beneficiary, NAQEL shall apply the rules and procedures for dealing with the non-deliverable items declared in his platforms and service centers, provided that such rules shall take into account the number of attempts to be made for the receipt. , And these rules and procedures comply with international rules in this regard

NAQEL shall record and keep the procedures for dealing with postal materials that could not be delivered in a documented special register established for this purpose, for a period not less than one calendar year from the date of the action taken.


RETURN OF SHIPMENT & AMEND ADDRESS

The shipper may request the return of consignment or amend the address of the consignee, before delivery to the consignee. In addition, the beneficiary may be charged any additional fees as applicable

Undeliverable Procedure:

UNDELIVERABLE of a shipment can be either at the instructions of the customer or get agreement from both parties if the shipment is held beyond a reasonable period or delivery attempts. UNDELIVERABLE of shipment can be due to following reasons, but not limited to.

The shipper has requested for UNDELIVERABLE.

The consignee refuses to accept the shipment.

The consignee refuses to pay charges applied to the shipment against duties, taxes, freight on delivery, cash on delivery, labor charges, additional handling charges, etc.

The consignee has moved from the address shown on the waybill or the address in incomplete/incorrect and the shipper cannot assist in obtaining the correct delivery address.

The consignee refuses to provide documentation required by the destination customs authorities, to facilitate the clearance of shipment.

UNDELIVERABLE charges are applicable, as agreed on the rate matrix.

If the shipments are to be re-directed to a new address, then the shipper does not agree to pay the redirection charges. NAQEL Co. Reserve the right to request the consignee to pay these charges in cases where redirections required to cities different to the initial destination city


Returned shipments:

Returned shipment terms are subject to agreements and provisions between the shipper and the recipient and NAQEL do not represent any party to these terms. Where NAQEL adheres to the shipping procedures only.



LIMITATIONS OF LIABILITY

Without prejudice to Clause 9, the Liability of NAQEL for any loss or damage to the shipment is limited to the lesser of: 100 SR The amount of loss or damage to parcel actually sustained, or The actual value of the parcel as determined under section 6 hereof, without regard to its commercial utility or special value to the shipper. In case of previous contract concluded with the shipper, irrespective the expiry of its duration, then such contract will be considered a reference for both parties, and the signature of the shipper on this waybill will give effect to that contract.


ACTUAL VALUE

(a). The actual value of a parcel (which term shall include any item of commercial value which is transported hereunder) shall be ascertained by reference to its cost of repair or replacement, resale or fair market value at the time and place of shipment, whichever is the less. In no event shall such value exceed the original cost of the article paid by the shipper plus 10%.



CONSEQUENTIAL DAMAGES EXCLUDED

NAQEL shall not be liable, in any event for any consequential or special damages or other indirect loss, whether or not NAQEL had acknowledge that such damages might be incurred, including but not limited to, loss of income, profits, interest, utility or loss of market or any penalties.


LIABILITIES NOT ASSUMED

While NAQEL will endeavor to exercise its best efforts to provide expeditious delivery in accordance with regular delivery schedules, NAQEL will not, under any circumstances, be liable for delay in pick up, transportation or delivery of any shipment, regardless of the cause of such delay. Further, NAQEL Express shall not be liable for any loss, damage, mis-delivery on non-delivery:

(a). due to Act of God, force major occurrence or any cause reasonable beyond the control of NAQEL or,

(b). Caused by:

(i) The act, default or omission: of the shipper, the Consignee or any other party who claims an interest in the shipment (including violation of any term or condition hereof) or of any person other than NAQEL or of any other Government official. Alternatively, of any Postal Service, forwarder to other entity or person to whom shipment is tendered by NAQEL transportation to any location not regularly served by NAQEL regardless of whether the shipment requested or had knowledge of such third-party delivery arrangement. (ii) The nature of the shipment or other defect, characteristic, or inherent vice thereof, (iii) Electrical or magnetic injury, ensure, or other such damage to electronic or photographic images or recordings in any form.


CLAIMS

NAQEL’S claim rules & procedures shall be enforced.


APPLICABILITY

These terms and conditions shall apply to, and injure to the benefit of NAQEL and its authorized agents and affiliated companies, and heir office, directors and employees.


INSURANCE

At the request of the shipper and upon payment thereof, NAQEL will arrange insurance on behalf of the shipper.

a. The insurance coverage shall be governed by all of the terms and conditions contained in the policy of insurance issued by the insurance carrier.

b. NAQEL is firstly not to be liable at all for certain Losses and Damage. Secondly, wherever they are to be liable, the amount of the liability is strictly limited to the amount stated in the condition 7. Customers are therefore advised to purchase insurance cover to ensure that their interests are fully protected in all events.

c. the shipper agrees to the terms and conditions stated herein. No agent or employee of NAQEL or the shipper may alter or modify these terms and conditions.

d. Consequential Damages and Loss or Damage Resulting from delays in transportation is not covered by any such policy of insurance.


Beneficiary Rights & Obligations

1. The beneficiary shall read and accept the terms and conditions of service, contract, payment mechanism and redemption before approving the execution of the application.

2. The beneficiary shall pay the service provider as agreed in the service contract. 3. The beneficiary is responsible for the correctness of the information and data entered by the beneficiary.

4. The shipper warrants that each article in the shipment properly described in this Air waybill has not been declared by NAQEL to be unacceptable for transport and that the shipment is properly marked and addressed and packaged to ensure safe transportation with ordinary care in handling. 5. The shipper warrants that all laws and regulations of Saudi Arabia, to, from, though, or over which the shipment may pass, have been complied with.

6. The shipper certifies that all information provided to NAQEL or set forth in this NAQEL waybill is accurate and complete. 7. The shipper agrees to indemnify and hold NAQEL harmless for any claim, liability or expense arising from the shipper’s failure to comply with any applicable law or regulations.

8. The Beneficiary has the right to the services against the declared prices without any increase. 9. The beneficiary shall verify the consignment before signing delivery note.

10. Any beneficiary to whom consignment has not been delivered or found shall notify the service provider through one of the approved channels of communication. 11. NAQEL have the right to change, modify, cancel and add the terms and conditions relating to NAQEL service mentioned here in without notice.

12. NAQEL comply with the terms and conditions in force at the date of signing the service contract.

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