Terms & Conditions

Terms & Conditions

IMPORTANT: BEFORE DOING BUSINESS WITH DIAMANT COMPANY LTD OR USING ANY PART OF THE https://diamantgrp.com WEBSITE (THE “WEBSITE”), THE PERSON WANTING TO DO BUSINESS WITH DIAMANT COMPANY LTD OR ATTEMPTING TO ACCESS AND USE THE WEBSITE (“YOU” OR “YOUR” OR “Customer”) SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS (THE “TERMS AND CONDITIONS”).

BEFORE ACCEPTING OUR SERVICE, YOU UNDERSTAND THAT YOUR ACCEPTANCE SHALL INDEMNIFY DIAMANT COMPANY LTD FROM ALL CARRIER LIABILITY, STATUTORY PROCEDURES AND/OR ANY THIRD-PARTY LOGISTICAL AND/OR OPERATIONAL CONSTRAITS THAT WILL RESULT IN THE DELAY OF ANY SHIPMENTS.

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND DIAMANT COMPANY LTD (“DIAMANT COMPANY LTD” or “Company”). FOR PURPOSES OF THESE TERMS AND CONDITIONS, “DIAMANT COMPANY LTD” SHALL INCLUDE ANY PARENT, SUBSIDIARY, OR AFFILIATED COMPANY AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES. THESE TERMS AND CONDITIONS GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE, INFORMATION AVAILABLE THROUGH THE WEBSITE OR DIAMANT COMPANY LTD AND USED IN ANY MANNER RELATED THERETO, AND DIAMANT COMPANY LTD ARRANGING FOR THE PICK-UP, TRANSPORT, AND DELIVERY OF AIR FREIGHT SHIPMENTS, OCEAN FREIGHT SHIPMENTS AND/OR PARCEL SHIPMENTS TO AND FROM VARIOUS POINTS IN NORTH AMERICA (CANADA AND USA) AND EAST AFRICA (COLLECTIVELY REFERRED TO HEREIN AS THE “SERVICE”). USING THE SERVICE IS CONDITIONED UPON YOUR ACCEPTANCE OF AND AGREEMENT TO ALL OF THE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS, YOU MAY NOT USE THE SERVICE. BY USING THE SERVICE, YOU INDICATE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS HEREIN AND, AS THEY MAY CHANGE FROM TIME TO TIME, THAT YOU AGREE TO THEM AND INTEND TO BE LEGALLY BOUND BY THEM. “YOU” OR “YOUR” REFERS TO THE INDIVIDUAL USING THE SERVICE AND IF YOU USE THE SERVICE ON BEHALF OF A CORPORATION, LLC, PARTNERSHIP, OR OTHER BUSINESS ENTITY, THEN “YOU” OR “YOUR” SHALL INCLUDE THAT BUSINESS ENTITY. IF YOU ARE USING THE SERVICE ON BEHALF OF A BUSINESS OR OTHER LEGAL ENTITY, YOU ARE NEVERTHELESS INDIVIDUALLY BOUND BY THESE TERMS AND CONDITIONS EVEN IF YOUR COMPANY HAS A SEPARATE AGREEMENT WITH DIAMANT COMPANY LTD.

The SERVICE is intended for use by businesses, other organizations and  consumers included. To the maximum extent permitted by law, YOU hereby acknowledge and agree that consumer laws and commercial law do apply. If however any consumer laws do apply and cannot otherwise be lawfully excluded, nothing in these TERMS AND CONDITIONS will restrict, exclude or modify any statutory warranties, guarantees, rights or remedies YOU have, and the Company’s liability is limited as set out in these TERMS AND CONDITIONS or as permitted by applicable law.

DIAMANT COMPANY LTD is licensed as an importer and exporter broker by the Canadian and US Federal Government and/or other government agencies as required by law and, arranges for freight transportation. NEITHER DIAMANT COMPANY LTD NOR ANY OF ITS DIVISIONS  IS A CARRIER NOR AN AGENT FOR ANY THIRD PARTY TRANSPORTATION PROVIDER (REFERRED TO AS THE CARRIER)

The carrier is responsible for the actual transportation services provided. All transit times and routes are determined by the carrier and the Company is not responsible for the accuracy or completeness of that information. All transit times are estimates only and do not include the day of pickup. The Company makes no representations or warranties regarding pickups and deliveries and cannot guarantee pickup or delivery by any specific date or time.

Any applicable general rules established by the carrier used to transport the freight, will in every instance take precedence in all legal proceedings and when in conflict, will take precedence over these TERMS AND CONDITIONS.

DIAMANT COMPANY LTD reserves the right to alter these TERMS AND CONDITIONS from time to time. The most recent version of these TERMS and CONDITIONS is made available on the WEBSITE. These TERMS AND CONDITIONS apply to all shipments and supersede all agreements, representations, warranties, statements, promises, and understandings of the parties, written or oral, except as expressly stated herein. If a Customer enters into a separate contractual agreement with the Company, only conflicting terms in that agreement will take precedence over these TERMS AND CONDITIONS.

DIAMANT COMPANY LTD may suspend or terminate the SERVICE if it is believed YOU are in breach of these TERMS AND CONDITIONS. DIAMANT COMPANY LTD has the right, in its sole discretion, to refuse any shipment at any time.

1. Company

The COMPANY’s services are Air freight services (Import and Export) between Nairobi, US & Canada, Shop and Ship with Ease, Ocean freight service (Import and Export) between Nairobi, US and Canada, Diamant Return Services and KE Merchant Fulfillment Program. 

The COMPANY’s service offerings subject to compliance under all applicable laws, international conventions and regulatory requirements. 

All freight/shipments MUST be accompanied by a completed CLIENT INTAKE FORM™.

The COMPANY will not be responsible for any lost, damaged or missing freight/shipments not indicated in the CLIENT INTAKE FORM™.

2. Customer’s Warranties

The Customer using any of our services is responsible for the proper address format set out on the COMPANY’s website. The COMPANY shall not be liable for any freight/shipment not addressed in the proper format and the proof of this shall be required from the customer upon any indication of missing/lost freight/shipment. If no proof is provided, the COMPANY shall not be responsible for any subsequent claims of loss.

The Customer is responsible for and warrants their compliance with the COMPANY’s terms and conditions and agrees that any freight/shipment MEETS all conditions for safe transportation.

The Customer agrees to complete the 

The Company does not accept and the Customer agrees not to tender any shipment containing (i) certain classifications of hazardous materials (including but not limited to Class 1, Class 2.3, Class 4.3, Poisonous/Toxic Inhalation Hazards in Class 2, 3, 4, 5, 6, and 8, Class 6.2, Class 7, and regulated and medical waste), (ii) any form of medication; whether generic or prescribed without a valid accompanying prescription from a verifiable physician (iii)  alcoholic beverages, (iv) money or currency of any denomination, (v) precious metals (including but not limited to gold, silver or platinum), (vi) cigarettes, cigars and other tobacco products, (vii) fireworks, firearms and/or ammunition, (viii) artwork, antiques, artifacts, or one-of-a-kind items, (ix) live animals, fish, or insects, (x) human and animal remains, (xi) etiological agents, (xii) blood or plasma, (xiii) carbon black, activated carbon, and lamp black, (xiv) cannabis/marijuana, hemp, cannabidiol (CBD), or any products containing these items, and/or (xv) vaping devices, accessories, and products (xvi) any animal products or their derivatives from Kenya to US or Canada

The Customer acknowledges and agrees that carriers provide transportation services subject to provisions, restrictions, and limitations in their booking availability, ground freight constraints,  rail circulars, and the rail circulars address, among other matters, standards for loading, blocking and bracing, prohibitions and restrictions on certain types of commodities, limitations of liability, procedures and limitations on cargo claims, and requirements for proper descriptions of commodities.

The Company assumes no liability to the Customer or any other person for any loss or expense due to the failure of the Customer to comply with the provisions of this section. The Customer agrees to indemnify, defend, and hold the Company harmless for any and all loss, liability, claim, damages, or suit arising from Customer’s noncompliance with the restrictions and/or requirements of this section.

All charges incurred as a result of customs inspections including but not limited to demurrage, detention and terminal storage costs are the responsibility of the customer and shall be added to the final invoice.

3. Payment

All freight charges are payable in US Dollars and are due upon invoice receipt unless the Customer has been approved for credit terms. 

All Jaza Cargo™ by Diamant costs (Assisted Shopping) are due immediately after confirmation of the product costs and no later than 1 hour. The COMPANY shall not be liable for any price or inventory changes arising as a result of the customer’s delay in completing the product cost payment.

If payment is to be made in CAD, the applicable rate shall be the Royal Bank of Canada’s daily rate +0.0545. 

If payment is to be made in KSH, the applicable rate shall be the Kenya Commercial Bank’s daily rate.

All credit card transactions are subject to a 3% fee. 

If credit terms are offered, the Customer is subject to credit approval and the Company’s continued approval. The Company may change credit terms and may establish, revise, and/or revoke a credit limit at any time when, in the Company’s opinion, the Customer’s financial condition, previous payment record, and/or the nature of Company’s relationship with Customer so warrants. Upon credit approval, all charges are payable in US Dollars and are due upon receipt or upon agreed payment terms.

The Company reserves the right to amend or adjust the original quoted and/or paid amount if the original quoted and/or paid amount was based upon incorrect information received at the time of the original quote or if additional services were required or otherwise necessary for the carrier to perform the shipment pickup, transportation and delivery. The Customer agrees it will be responsible for all charges payable, including any adjustments, on account of such Customer’s shipment. These charges and adjustments, if any, will be automatically debited to the Customer’s credit card or bank account. The Customer is permitted thirty (30) days from the date of the adjustment to dispute the charge(s). If the Company does not receive a dispute within the allowable thirty (30) days, the disputed item will be denied by the Company.

Any payment which is past due shall be subject to an additional charge at the rate of 10% per annum, calculated on a monthly basis, of the average outstanding balance due, or the highest rate of interest permitted by applicable law, or a minimum of 25 USD; whichever is greater.

Overpayments do not accrue interest. 

In the event the Company retains an attorney or collection agency to collect unpaid charges or for the enforcement of these TERMS AND CONDITIONS, all unpaid charges will be subject to a late payment penalty of 33% and the Customer shall also be liable for all attorneys and collection agency fees incurred, together with related costs and expenses. In addition to the Customer, all shippers, consignors, or consignees are jointly and severally liable for the freight charges owed to the Company and the Company holds a warehouseman’s general lien on all tangible personal property for any outstanding balances owed to the Company. The Customer agrees to the provisions of this section on behalf of any third party with interest in the freight.

4. Cargo Claims

The carrier liability and claims process for any cargo damage, loss, theft, or delay from any cause shall be determined under the Carmack Amendment, 49 U.S.C. 14706 and 49 C.F.R. §370.1 et seq. respectively (“Cargo Claim Liability Terms”). To the extent that any of the Cargo Claim Liability Terms are inconsistent with the Highway Traffic Act, R.S.O. 1990, c. H.8, as amended, and the regulations thereto or similar provincial or territorial legislation having jurisdiction, and/or the provisions of any bill of lading, the Cargo Claim Liability Terms shall prevail. Cargo claims can be denied and/or the amount paid can be less than the value of the shipment based on, but not limited to, the carrier’s Tariffs, commodity restrictions, released value provisions, limitations of liability, or applicable common law exceptions to liability. The Customer agrees the COMPANY is not liable for any damage, loss, theft, or delay, except as stated hereafter. 

To the extent the COMPANY is found negligent for any cargo damage, loss, theft, or delay, the COMPANY’s liability is limited to no greater than a refund of the total freight charge payment related to the specific shipment in question. To the extent the foregoing may be disallowed by applicable law, the COMPANY’s liability shall be limited to the fullest extent otherwise permitted by law. The COMPANY will not be responsible in any way for claims arising out of the Customer’s negligence, the carrier’s negligence, or the negligence of any third party. The Customer agrees to the provisions of this section on behalf of any third party with interest in the freight.

Cargo liability on all shipments varies by carrier, commodity, and the product being considered new or used, as determined by the carrier, and is generally limited to a per pound amount. The individual carrier’s Tariffs will apply when determining carrier liability. If the shipment contains freight with a predetermined exception value, as determined by the carrier, the maximum exception liability will override the otherwise standard liability coverage. The maximum amount that the Customer will receive from the carrier on a claim will be that which is recoverable under the respective transportation Tariffs. On LTL shipments, the COMPANY may offer a shipper’s interest insurance policy for purchase by the Customer. In no case will the carrier’s maximum cargo liability on a truckload shipment be greater than the value disclosed by the Customer or $100,000, whichever is less. It is the Customer’s obligation to provide the accurate value of each shipment/freight in the CLIENT INTAKE FORM™

In no case will the carrier’s maximum cargo liability on a parcel shipment be greater than $100 unless additional coverage is purchase through electing this option in writing.

The COMPANY’s policy offered is only by the Airline and/or Steamship line. 

The COMPANY’s policy does not cover and will not cover any freight/shipment moving via ground freight UNLESS this freight/shipment is in fact moving in-bond status to a bonded warehouse.

Cargo liability on air shipments is subject to the provisions of the applicable carrier’s policy. It is the Customer’s responsibility to notify Diamant Company LTD if they wish to insure their cargo.

The COMPANY may, but is not obligated to, assist the Customer in the claim filing process. A complete and detailed claim and all required supporting documentation must be submitted by the Customer in writing to the COMPANY no later than six (6) months after delivery or expected delivery. Claims for damages that are not readily apparent or noted upon delivery (“concealed damage”) must be submitted within three (3) days after delivery. The Customer is responsible to ensure freight is inspected upon delivery and damage is noted accordingly. Claims for concealed damage may not be honored by the carrier even if they are reported within three (3) days. The Company shall not be liable for any actions brought to enforce a claim unless all claim procedures have been complied with and the action is brought within one (1) year after the date the carrier first disallowed all or part of the claim. The filing of a claim does not relieve the responsible party for the payment of freight charges. Freight payment is necessary to process a claim. The Customer may not offset freight or other charges owed to the Company against claims for any loss, damage, mis-delivery, or non-delivery. The Company has a lien on funds recovered through the processing of cargo claims and may withhold and offset amounts recovered through such claim processing and apply toward any open past due invoices on account.

5. Forum Selection & Choice of Law

Any claim or litigation relating to these TERMS AND CONDITIONS, relating to any shipment scheduled or tendered through the Company’s WEBSITE OR SERVICE, or relating to any and all disputes between the Company and the Customer, shipper and/or consignee shall be filed in the jurisdiction of the Ontario Court of Justice, or the respective location of the head office at that time. Customer hereby irrevocably consents and submits themselves to the personal jurisdiction of the Ontario Court of Justice, or the respective location of the head office at that time.

6. Rates

All freight rates are based on the mode and in accordance with the actual description, size, and weight of the shipment. Additional fees may apply for other services or reasons including, but not limited to, delivery appointments, residential or limited access locations, dimensional changes, reweighs and reclassifications, lift gate usage, attempted pickup, and/or inside delivery.

Parcel rates are based on the information provided at the time of quoting and are subject to change according to actual shipment characteristics and services provided.

7. Electronic Shipment Status Notifications; SMS-text (WhatsApp)

If offered by the Company, the Customer may choose to receive email or SMS-text notifications (WhatsApp) from the Company related to the Customer’s shipment status, invoices or any communication related to the shipment. The Customer can choose to receive order status updates (i.e., the carrier is in route); shipment delivery confirmation; or shipment delivery delay. The Customer’s choice of electronic notification (i.e., email or text) will apply to all of the Customer’s Shipments.

By subscribing to email or SMS-text notifications (WhatsApp) from the Company related to the Customer’s shipment status, the Customer is consenting to receiving email or SMS-text messages as required to reasonably provide available updated information regarding the Customer’s shipment order status, using automated technology. . The Customer’s consent to receive email is not required to receive services from the Company however shipment updates will not be relayed to the Customer unless they use the Company’s

The Customer represents to the Company that it is the owner or authorized user of the wireless device the Customer identified for use to subscribe for email or SMS-text notifications, and that the Customer is authorized to approve the applicable charges.

The Company will not be liable for any delays or failures in the Customer’s receipt of any email and/or SMS-text messages (WhatsApp) as delivery of such communications is subject to effective transmission from the Customer’s network operator and processing by the Customer’s wireless provider. All email and SMS-text messages related to the Customer’s shipment status are provided on an AS IS, AS AVAILABLE basis.

Data obtained from the Customer in connection with its receipt of email and/or SMS-text messages may include the Customer’s identified cell phone number, the Customer’s wireless provider’s name, and the date, time and content of the Customer’s shipment order status messages and other information that the Customer may provide. The Company may use this information to contact the Customer and to provide the services Customer requests from Company, and to otherwise operate, develop and improve the Company’s service offerings. The Customer’s wireless provider and other service providers may also collect data about the Customer’s email and/or SMS-text usage, and their practices are governed by their own policies. The Company will only use information the Customer provides to transmit the Customer’s email or SMS-text message or as otherwise described in this document. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation, or governmental request, to avoid liability, or to protect the Company’s rights or property. When the Customer completes the Company’s forms or otherwise provides the Company with information in connection with the service the Customer is requesting to receive, the Customer agrees to provide accurate, complete, and true information. With regard to all processing and use of personal information, including any Customer data which represents personal information, the Company shall comply with the Company’s terms and conditions. 

The shipment status notification service is available in the United States, Canada and East Africa

The Customer’s receipt of email and/or SMS-text (WhatsApp) order status notifications is also subject to termination if the Customer’s wireless service terminates or lapses. The Company may discontinue issuing email and/or SMS-text order status notifications at any time.

Customers with questions about email and/or SMS-text order status notifications may contact the COMPANY by using the preferred contact method available on the WEBSITE.

8. Eligibility & Requirements

To be eligible to use the SERVICE, YOU must meet the following criteria and represent and warrant that YOU: (1) are 18 years of age or older; (2) are not currently restricted from the SERVICE; (3) have full power and authority to agree to these TERMS AND CONDITIONS and doing so will not violate any other agreement to which YOU are a party; (4) will not violate any rights of DIAMANT COMPANY LTD, including these TERMS AND CONDITIONS and/or any intellectual property rights such as copyright, patent, licensing, or trademark rights; (5) agree to provide at YOUR cost all equipment, software, and internet access necessary to use the SERVICE; and (6) agree not to reproduce, copy, sell, resell, or exploit any portion of the WEBSITE.

9. Misuse of the WEBSITE

YOU agree to use the WEBSITE only for the purpose for which it is intended. YOU agree not to modify, adapt, reverse engineer, create derivative works from, or hack the WEBSITE or modify another website to falsely imply that it is associated with the WEBSITE or DIAMANT COMPANY. YOU agree not to use the WEBSITE for any illegal or unauthorized purpose or activities. YOU may not directly or indirectly scrape, harvest, or otherwise extract data from the WEBSITE or access the WEBSITE using bots, crawlers, spider technology and/or other similar methods without DIAMANT COMPANY LTD’s prior written authorization. YOU agree not to knowingly transmit any worm or virus or code of a destructive nature which interferes in any way with the WEBSITE. Violation of this paragraph may result in civil and/or criminal penalties and fines as well as liability for attorney fees.

10. Intellectual Property

The COMPANY reserves all rights including, without limitation, to title, ownership, intellectual property rights, and all other rights and interest in DIAMANT COMPANY LTD or covered by all patents owned by DIAMANT COMPANY LTD, and all related items, including any and all copies made of the WEBSITE. All content on the WEBSITE, including, but not limited to, trademarks and logos, designs, text, graphics, sounds, images, software, source code, and other materials are the intellectual property of DIAMANT COMPANY LTD and may not be copied, reproduced, or distributed in any form without the prior written permission of DIAMANT COMPANY LTD.

11. Third Party Sites

The WEBSITE may, from time to time, contain links to other websites for the convenience of users. These sites and any other sites operated or maintained by third parties are operated or maintained by organizations over which DIAMANT COMPANY LTD exercises no control, and DIAMANT COMPANY LTD expressly disclaims any and all responsibility for the content, information, links, and other items, the accuracy and completeness of the information, and the quality of products or services made available or advertised on these third-party sites.

12. Disclaimer of Warranties

YOUR use of the SERVICE is at YOUR sole risk. The SERVICE, the information contained on or made available through the SERVICE, as well as any website offered in connection with the SERVICE are made “as is,” “as available” and with all inaccuracies. To the fullest extent permissible under applicable law, DIAMANT  COMPANY LTD disclaims any and all warranties and representations and makes no warranty or representation of any kind, expressed, statutory, or implied, written or oral, including, but not limited to, those of merchantability or fitness for a particular purpose, accuracy, content, completeness, quality, systems integration, legality, reliability, operability, availability, title, non-infringement, or arising from a course of dealing, usage or trade practice. DIAMANT COMPANY LTD does not represent or warrant that the SERVICE will meet YOUR specific requirements. DIAMANT COMPANY LTD does not represent or warrant that the WEBSITE will be uninterrupted, timely, secure, error-free, or free of computer viruses or other harmful mechanisms, that the quality of any products, information or other material purchased or obtained by YOU through the SERVICE will meet YOUR expectations, or that any errors on the WEBSITE will be corrected. THE OPERATION OF THE WEBSITE MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. DIAMANT COMPANY DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, DIAMANT COMPANY DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE WEBSITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON. YOU AGREE THAT DIAMANT COMPANY IS NOT RESPONSIBLE FOR ANY CHARGES INCURRED FOR ANY LOSSES, DAMAGES, FINES, CLAIMS, THEFT, LEGAL EXPENSES OR PENALTIES OF ANY KIND RELATED TO YOUR USE OF THE SERVICE.

13. Limitation of Liability

DIAMANT COMPANY LTD’s sole responsibility is to provide the SERVICE, subject to these TERMS AND CONDITIONS. DIAMANT COMPANY LTD’s sole liability for direct damages are limited to DIAMANT COMPANY LTD’s negligent acts or omissions or DIAMANT COMPANY’S material breach of these TERMS AND CONDITIONS and are limited to no greater than a refund of the total freight charge payment related to the specific shipment in question. To the extent the foregoing may be disallowed by applicable law, DIAMANT COMPANY LTD’s liability shall be limited to the fullest extent otherwise permitted by law. YOU EXPRESSLY UNDERSTAND AND AGREE THAT DIAMANT COMPANY LTD SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, WHICH MAY OR DOES RESULT FROM THE USE OF THE SERVICE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY OF THE WEBSITE, USE OF THIRD PARTY SITES, ANY MODIFICATION, PRICE CHANGE, SUSPENSION OR TERMINATION OF THE SERVICE, OR ANY OTHER MATTER RELATING TO THE SERVICE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT ANY PARTY HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL THEIR ESSENTIAL PURPOSE, INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, BUSINESS INTERRUPTION, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES, DAMAGE CAUSED TO YOUR COMPUTER, COMPUTER SOFTWARE, SYSTEMS AND PROGRAMS AND THE DATA THEREON OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES. THIS LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF ANY OF THE AFOREMENTIONED DAMAGES.

14. Indemnification

YOU agree to defend, indemnify, and hold harmless DIAMANT COMPANY LTD from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, losses, risks, costs, and expenses (including without limitation attorney fees and litigation expenses) relating to or arising from YOUR use of the SERVICE or any use under YOUR username and password whether or not authorized by YOU, YOUR fraud, violation of law, or willful misconduct, and any breach by YOU of these TERMS AND CONDITIONS, including, but not limited to, uploading, emailing, posting, publishing, transmitting or submitting any content, or any misrepresentation, breach of warranty or certification made by YOU.

15. Name & Logo Use

Unless expressly agreed otherwise in writing, Customer agrees Company may utilize Customer’s name, logo, trademark, and/or domain name in marketing, advertising, and/or promotional material or communications

16. Shipment Cancellation Policy

If a shipment is to be withdrawn, or cancelled due to the Customer’s actions or request, a minimum fee of 10% of the total freight charges or 50 USD shall apply and all transaction charges that will be incurred in the reversal of the payment (Card: 3% etc.)

17. Storage and Freight Relinquishment

The COMPANY extends 5 days of free time for shipments to be picked up from the respective warehouses from the date of notification. Payment must be confirmed in full prior to picking up of the shipment. 

Any requests to hold the shipment/freight beyond the 5 days of free time must be submitted to the COMPANY prior to the shipment/freight departing the origin country. 

The COMPANY does not guarantee approval of such requests received after the departure of the shipment/freight from the origin country. 

If a paid shipment/freight exceeds the 5 days of free time at any of our warehouse locations from the date of notification without pick-up arrangements or no delivery instructions from the shipper, recipient or designate, the COMPANY shall issue a final delivery notice to these parties. If no communication on pick-up arrangements or delivery instructions is received in 24 HRS from the issuance of the final delivery notice, storage charges shall begin immediately with the first day being the day that the final delivery notice was issued.

If a paid shipment/freight without payment confirmation exceeds 5 days of free time at any of warehouse locations from the date of notification, in addition to late payment charges; storage charges shall be imposed at 2 USD/KG per day on the next day after the elapse of the 5 days of free time.

All storage charges must be settled in full prior to release of any shipments. 

If the number of days exceeds 14 days from when the shipment began to accrue storage charges, the status of the subject shipment/freight shall change to rejected.

The COMPANY shall send the parties involved a Legal Notice of Shipment/Freight on Hand with a response/disposition instructions expected in 24 HRS from the time of notification of the Legal Notice of Shipment/Freight on Hand.

If no response/disposition instructions are received within the prescribed period, the subject shipment/freight shall be considered a voluntary surrender or abandoned and the COMPANY shall be absolved from any legal liability.

 The COMPANY shall have the right to, and will, consider including but not limited to offering for sale or destruction, as appropriate to recover all costs it incurred for the subject shipment/freight

The shipper, recipient or designate will be responsible for any charges that the COMPANY will accrue in the course of disposition of the subject shipment/freight.

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