For purposes of this Annex A and the Agreement, the following terms shall have the meanings assigned to them below:
A.1.1 "Shipment"
Means all parcels, packages, documents, freight, or cargo that travel under a single Waybill, regardless of the number of individual pieces included.
A.1.2 "Waybill"
Means the shipping document, label, barcode, electronic record, or shipment identifier issued by BaridX for the transportation of a Shipment.
A.1.3 "Customer"
Means the individual or entity contracting with BaridX for the provision of services, including the shipper, consignee, or any person having an interest in the Shipment.
A.1.4 "Business Day"
Means any day other than Friday, Saturday, or a public holiday officially recognized in the Kingdom of Saudi Arabia.
A.1.5 "Dangerous Goods"
Means items classified as hazardous according to the International Air Transport Association (IATA) Dangerous Goods Regulations, the International Maritime Dangerous Goods (IMDG) Code, or any applicable regulatory authority.
A.1.6 "Force Majeure"
Means any event or circumstance beyond the reasonable control of a Party, including, but not limited to, natural disasters, wars, acts of terrorism, pandemics, strikes, labor disputes, government orders, or failures of communication networks.
A.1.7 "Charges"
Means all applicable rates, fees, duties, taxes, surcharges, penalties, or other amounts payable by the Customer for the services provided under this Agreement.
A.1.8 "Delivery"
Means the physical handover of the Shipment to the consignee or authorized recipient, or as otherwise deemed complete by BaridX according to its delivery practices.
A.1.9 "Third-Party Service Provider"
Means any subcontractor, affiliate, agent, carrier, or other third party engaged by BaridX to perform any part of the services under this Agreement.
A.1.10 "Confidential Information"
Means all non-public business, financial, technical, or operational information disclosed by either Party to the other, whether in oral, written, or electronic form.
A.2.1
BaridX provides shipping, transportation, logistics, and related services for Shipments on a domestic and international basis, in accordance with the terms and conditions set forth in the Agreement and this Annex A.
A.2.2
BaridX is not a common carrier. BaridX reserves the right to refuse to provide services to any Customer or to transport any Shipment at its sole discretion, without the need to provide a reason.
A.2.3
Services are provided subject to availability, operational capability, and compliance with applicable laws and regulations governing the transportation of goods.
A.2.4
BaridX does not guarantee any specific transit times or delivery dates, except as expressly stated in writing. Estimated delivery times provided are non-binding and are for informational purposes only.
A.2.5
The Customer acknowledges that the scope of services may involve the use of Third-Party Service Providers, and BaridX shall have the right to subcontract any part of the services without prior notice to the Customer.
A.2.6
Certain services, including but not limited to the handling of Dangerous Goods, oversized or overweight Shipments, temperature-controlled transportation, or Shipments subject to special handling requirements, may be subject to additional terms, conditions, and surcharges as outlined in the applicable Annexes.
A.3.1
BaridX may perform customs clearance services either directly or through authorized third-party customs brokers.
The Customer hereby appoints BaridX and its designated agents as its agent solely for the purpose of clearing and entering the Shipment through customs.
A.3.2
The Customer is solely responsible for ensuring that all documentation and information provided to BaridX for customs purposes are complete, accurate, and compliant with applicable laws and regulations.
BaridX shall have no liability for any delays, fines, penalties, or seizures resulting from incomplete, inaccurate, or fraudulent documentation supplied by the Customer.
A.3.3
All duties, taxes, customs clearance fees, penalties, storage charges, demurrage, or other governmental charges assessed against the Shipment shall be the sole responsibility of the Customer.
A.3.4
In the event that BaridX advances any such amounts on behalf of the Customer, the Customer agrees to reimburse BaridX immediately upon demand.
BaridX reserves the right to withhold delivery of the Shipment until full reimbursement is made.
A.3.5
BaridX shall not be liable for any loss, delay, confiscation, or damage resulting from inspections, holds, or interventions by customs authorities or any other governmental agency.
A.3.6
BaridX generally provides customs clearance services in all countries; however, in certain cases and in certain countries, based on customs authority instructions or requirements — for example, but not limited to: Turkey, Jordan, India, Morocco, the Philippines, and Indonesia — the Customer may be required to complete customs clearance independently or appoint their own customs broker.
In such cases, BaridX shall bear no responsibility for the clearance process or related costs, and all such costs shall be fully borne by the Customer.
A.3.7
The assessment of customs duties, taxes, and any associated charges is performed solely by the customs authorities in each country.
BaridX accepts no responsibility for any estimates or amounts imposed by customs.
The Customer is fully responsible for the payment of such duties and taxes.
If the Customer refuses to pay the duties and customs authorities invoice BaridX instead, BaridX shall issue an invoice to the Customer for the full amount advanced and the Customer shall be obligated to settle it immediately.
Failure to settle the invoice will result in escalation to financial claims procedures and ultimately to legal action if necessary.
A.4.1
The Customer is solely responsible for properly packing, securing, and labeling each Shipment to ensure safe transportation, handling, and delivery under normal operating conditions.
A.4.2
All Shipments must be prepared in compliance with applicable international and local regulations, including but not limited to packaging requirements for Dangerous Goods where applicable.
A.4.3
Each package within a Shipment must be legibly and durably marked with:
The full name and address of both the sender and the consignee,
Any special handling instructions,
Any markings required by applicable laws and regulations (e.g., hazardous material labels).
A.4.4
BaridX shall not be liable for any loss, damage, or delay arising from:
The Customer’s failure to properly package or label the Shipment,
The use of inadequate, defective, or inappropriate packaging materials,
Failure to disclose the nature of the contents requiring special handling.
A.4.5
Where the Shipment requires special handling due to its nature (such as Fragile, Perishable, or Dangerous Goods), the Customer must provide written notice to BaridX at the time of booking and affix all necessary labels and documentation as required.
A.4.6
In the event BaridX determines that a Shipment is improperly packaged or labeled, BaridX reserves the right to:
Refuse acceptance of the Shipment,
Suspend transportation,
Require repackaging at the Customer’s expense,
Or take corrective action deemed necessary to comply with safety or legal requirements.
A.5.1
Shipping charges are calculated based on the greater of:
The actual weight, or
The volumetric (dimensional) weight of the Shipment,
in accordance with the calculation methods and service-specific formulas provided by BaridX.
A.5.2
Volumetric Weight shall be determined using the following formulas:
International Courier Shipping Services (X Air Express, X Air Economy, X Air Special):
Volumetric Weight (kg)= [Length (cm)×Width (cm)×Height (cm)] / 5000\International Freight Shipping Services (X Air Freight, X Sea Freight, X Road Freight):
Volumetric Weight (kg)= [Length (cm)×Width (cm)×Height (cm)] / 6000Domestic Shipping Services (X 2 Hour Delivery, X Local Same Day Delivery, X Local Next Day Delivery, X Local Economy):
Volumetric Weight (kg)= [Length (cm)×Width (cm)×Height (cm)] / 5000Domestic Full Truckload (FTL) Shipping Services (X2 Same Day Delivery, X2 Next Day Delivery):
No volumetric weight formula applies; charges are based on the full truckload contractual rate.
A.5.3
If the volumetric weight exceeds the actual weight, the volumetric weight shall be used for the purpose of calculating the applicable shipping charges.
A.5.4
The Customer agrees that the weight and measurements recorded by BaridX at its facilities shall be considered conclusive and binding for billing purposes, unless proven otherwise by documented and verifiable evidence.
A.5.5
Additional charges may apply based on:
Delivery area surcharges,
Residential delivery surcharges,
Special handling fees,
Fuel surcharges,
Emergency situation surcharges,
as detailed in the applicable Annexes.
A.5.6
All quoted rates exclude:
Customs duties,
Taxes,
Storage fees,
Insurance,
Any governmental or regulatory fees unless expressly stated otherwise.
Such additional costs shall be the sole responsibility of the Customer.
A.6.1
BaridX’s liability for any loss, damage, delay, misdelivery, non-delivery, or any other service failure relating to a Shipment shall be strictly limited to the lesser of:
The declared value of the Shipment as stated on the Waybill, or
One Hundred (100) Saudi Riyals per Shipment,
unless a higher value has been declared and additional charges have been paid by the Customer and expressly accepted in writing by BaridX.
A.6.2
If the Customer wishes to increase BaridX’s liability limits, the Customer must request additional Shipment insurance separately, subject to the terms and rates set out in Annex B (Additional Services and Surcharges).
A.6.3
BaridX shall not be liable for any indirect, incidental, consequential, punitive, or special damages, including but not limited to loss of income, loss of profits, loss of markets, loss of reputation, or loss of business opportunity, even if BaridX had knowledge of the possibility of such damages.
A.6.4
BaridX shall have no liability for any damage, delay, or loss arising from:
Acts or omissions of the Customer or the consignee,
The inherent defect, quality, or vice of the Shipment,
Improper packaging or labeling performed by anyone other than BaridX,
Acts of customs or other governmental authorities,
Force Majeure events as defined herein.
A.6.5
BaridX shall not be liable for Shipments containing prohibited or restricted items under applicable laws or BaridX’s internal shipping policies, even if accepted in error.
A.6.6
Any liability of BaridX is strictly limited to physical loss or damage to the Shipment and shall not extend to consequential losses.
A.7.1 Notification of Claims
The Customer must notify BaridX in writing of any claim for loss, damage, or delay relating to a Shipment within seven (7) calendar days from:
The date of Delivery, or
In the case of non-delivery, the expected date of Delivery.
Failure to notify BaridX within this timeframe shall result in the claim being absolutely barred and extinguished.
A.7.2 Submission of Supporting Documentation
The Customer shall submit, along with the claim notification, all relevant supporting documentation, including but not limited to:
A copy of the Waybill,
Proof of value (commercial invoice, purchase receipt, etc.),
A description of the nature and extent of the damage or loss,
Photographic evidence, if applicable.
BaridX may request additional documentation as necessary to assess the claim.
A.7.3 Investigation and Resolution
BaridX shall acknowledge receipt of the claim within seven (7) Business Days and shall use commercially reasonable efforts to complete the investigation and render a decision within thirty (30) Business Days from the date of complete documentation submission.
A.7.4 Settlement
In the event a claim is accepted, BaridX’s liability shall be limited as set forth in Section A.6 (Limitation of Liability) and any applicable additional insurance purchased under Annex B.
A.7.5 Mitigation Duty
The Customer shall take all reasonable steps to mitigate any loss or damage and shall not abandon the Shipment without BaridX’s written consent.
A.7.6 No Admission of Liability
The acceptance of a claim by BaridX for investigation shall not constitute an admission of liability or fault.
A.8.1 No Guarantee of Delivery Time
Unless otherwise expressly stated in writing, BaridX does not guarantee the delivery time or the transit time for any Shipment.
Any transit time estimates provided by BaridX are non-binding and are for informational purposes only.
A.8.2 Force Majeure Events
BaridX shall not be liable for any delay, non-performance, or failure to deliver resulting, either directly or indirectly, from Force Majeure events, including but not limited to:
Acts of God (such as earthquakes, floods, hurricanes),
Wars, military conflicts, acts of terrorism,
Strikes, labor disputes, or industrial actions,
Acts, restrictions, regulations, or interventions of government authorities,
Epidemics, pandemics, or public health emergencies,
Disruptions or failures of transportation, communication, or utility services.
A.8.3 Suspension of Obligations
During the continuation of a Force Majeure event, BaridX’s obligations under this Agreement shall be suspended to the extent and for the duration of such event.
A.8.4 Notice of Force Majeure
BaridX shall notify the Customer as soon as reasonably practicable of the occurrence of any Force Majeure event affecting its ability to perform services under this Agreement.
A.8.5 Mitigation Efforts
BaridX shall use commercially reasonable efforts to mitigate the effects of any Force Majeure event and to resume normal performance as soon as reasonably practicable.
A.9.1 Compliance with Data Protection Laws
Each Party shall comply with all applicable data protection and privacy laws and regulations, including but not limited to the relevant legislation in the Kingdom of Saudi Arabia, when collecting, processing, transmitting, or using personal data in connection with this Agreement.
A.9.2 Customer Data Handling
The Customer acknowledges and agrees that BaridX may collect, use, store, and process personal data provided by the Customer or generated during the provision of services for the following purposes:
Processing and delivering Shipments,
Customer service and operational support,
Billing and account management,
Compliance with legal obligations,
Service improvement and operational efficiency.
