Terms & Conditions

1. Introduction

The following contains the general terms and conditions of the contract under which Red Ant Express is engaged in the carriage of Packages itself and jointly through interchange with its affiliates via the services described below.

The Red Ant Express Terms and Conditions of Service (“Terms”) are effective on the date set forth above and are subject to change without prior notice. The Terms are published periodically in printed form and electronically on the Red Ant Express website (Redantexpress.com.kh) or our mobile app (Red Ant Express Mobile).

In tendering a Package for service, the Shipper agrees, on behalf of himself or herself and behalf of the receiver of the Package (“Consignee”) and anyone else with an interest in the Package that the version of the Terms and the applicable Service Guide in effect at the time of shipping shall apply to the Package and its carriage. All parties are encouraged to read the terms and conditions provided.

2. Definitions Used

“Business day” means Monday through Sunday except for Cambodian Public Holidays, as mandated by the Cambodian government.

“Charges” means all applicable transportation and other charges including, but not limited to, all applicable accessorial charges, brokerage service fees, surcharges, additional handling charges, and late payment fees. Any such Charges, including but not limited to any surcharges, are not intended solely to cover the cost of providing service and may result in profit to Red Ant Express.

“Claimant” means any person asserting any claim in any forum for legal or equitable relief–including, but not limited to, any claim for damages, refunds, credits, injunctive relief, and declaratory relief–arising out of or related to the provision of services by Red Ant Express. · “COD” means for all purposes Cash on Behalf.

“COD” means for all purposes Cash on Behalf.

“Commercial” refers to any address that is not Residential.

“Delivery” shall be deemed to include, but not be limited to any of the following: (1) delivery to the Consignee or the Consignee’s actual or apparent agent or representative, or according to the Consignee’s instructions, (2) delivery to the address or location specified in the Red Ant Express Shipping System or, to any person present at such address, (3) delivery to an alternate address or location, including to Red Ant Express Facility, (4) delivery in accordance with trade custom or usage, (5) delivery according to Red Ant Express’s driver release procedures, (6) delivery according to Red Ant Express’s Shipper Release procedures, or (7) delivery otherwise permitted under the Terms.

“Package” means any container and its contents, and includes the Red Ant Express Envelope and Corrugated Boxes, as well as any article that may be handled with or without packaging if the handling thereof can be accomplished in a reasonably safe and practicable manner.

“Perishable Commodity” refers to a perishable commodity or a commodity requiring protection from heat or cold, including, but not limited to, live animals, foods, dry ice, flowers, and biological materials.

“Receiver” or “Consignee” refers to the party to whom the Package is being sent.

“Residential” refers to an address that is a home, including, but not limited to, a business operating out of a home. If an address can be construed as either Residential or Commercial, then it shall be considered Residential.

“Shipper” refers to the party holding the Red Ant Express account used to process and tender a Package to Red Ant Express or, if no account was used for the Package, then the party that contracted with Red Ant Express for the Package. The term Shipper does not include, for example, a party to whom a Package was Third Party or collect billed, the party who drops off an Red Ant Express Package, or a party that uses another party’s account for a Package.

“Third Party” means any party that is not the Shipper or Receiver/Consignee.

3. Commodities Handled and Restrictions on Service

Red Ant Express holds itself out to transport general Packages subject to the following restrictions.

The Shipper agrees to indemnify, defend, and hold harmless Red Ant Express and its affiliated companies, their officers, directors, employees, and agents from all claims, demands, expenses, liabilities, causes of action, enforcement procedures, and suits of any kind or nature arising from or relating to a Package in violation of all applicable local laws or regulations, or of these Terms.

3.1 Items Not Accepted for Carriage

No service shall be rendered in the carriage of any of the prohibited articles listed in the applicable Packaging Guide or the Terms. Red Ant Express does not accept carriage, and Shippers are prohibited from shipping:

Articles of unusual value, which shall be deemed to include, but are not limited to:

Any Package with an actual value of more than $5,000

Coins, cash, currency, checks, bonds, money orders, and negotiable instruments (such as drafts, bills of exchange, or promissory notes);

Antiques, precious gems & metals, rare collectible items, artworks, paintings, chinas, etc.

Any article that contains more than 50 percent by weight of gold or platinum, or any combination thereof in the raw form including, but not limited to, bullion, bars, or scraps of these metals.

Hazardous waste and materials, which include, but are not limited to explosives, gases, flammable liquids, flammable solids, oxidizers, poisons, radioactive matter, and corrosives;

Human remains, fetal remains, human body parts, human embryos, or components thereof;

Firearms or ammunition;

Common fireworks;

Replica or inert explosives or weapons that bear the appearance of actual explosives or weapons (except as a contractual service);

Illicit drugs or narcotics, in any form;

Prepared foods;

Live animals (including but not limited to mammals, reptiles, fish, invertebrates, amphibians, birds, insects, larvae, and pupae);

Automotive;

Industrial machinery;

Packages using the same shipping label and tracking number as any other Package or a shipping label altered without Red Ant Express’s authorization. If any such Package is found in the Red Ant Express system, each such Package is subject to Charge and Red Ant Express shall apply Charges in its sole and unlimited discretion.

Any other items prohibited by the Service Guide, or on the hlhexpress.com.kh website.

Shippers are prohibited from shipping and Red Ant Express shall not accept for carriage Packages containing articles that Red Ant Express is not authorized to accept or that Red Ant Express states in the Terms that it will not accept.

Red Ant Express reserves the right but is not required, to return to the Shipper any Package containing a prohibited article. Such return will be made solely at the Shipper’s risk and expense. Red Ant Express also reserves the right in its sole and unlimited discretion to dispose of a prohibited article found in the Red Ant Express system.

3.2 Prohibited by Law

No service shall be rendered by Red Ant Express in the carriage of any Package that is prohibited by applicable local laws or regulations of the Cambodian government. It is the responsibility of the Shipper to ensure that a Package tendered to Red Ant Express, and any Red Ant Express Shipping System entry that the Shipper prepares for that Package, does not violate any local law or regulation applicable to the Package.

3.3 Alcoholic Beverages

Packages containing alcoholic beverages (wine, beer, or spirits) are accepted for carriage only as a contractual service and only from Shippers who are licensed and authorized under applicable laws to ship alcoholic beverages. To receive service for Packages containing alcoholic beverages, the Shipper must enter into an approved Red Ant Express agreement for the carriage of wine, beer, or spirits, as applicable. For all Packages containing alcoholic beverages, the Shipper must obtain and affix a special Red Ant Express alcoholic beverages label to each Package. Requests to reroute Packages containing alcoholic beverages are not available. For all Packages containing alcoholic beverages, the Receiver must be licensed and authorized to receive alcoholic beverages. Red Ant Express does not accept Packages containing spirits for Delivery to a consumer. It is the responsibility of the Shipper to ensure that an Red Ant Express tendered to Red Ant Express does not violate any local law or regulation applicable to the Package.

Red Ant Express reserves the right to dispose of any alcoholic beverages tendered for shipment which Shippers are prohibited from shipping, which Red Ant Express is not authorized to accept, which Red Ant Express states that it will not accept, or which Red Ant Express has a right to refuse. Red Ant Express reserves the right to discontinue service to any Shipper for, among other reasons, tendering a Package containing alcoholic beverages that do not comply with all applicable laws or the Terms.

3.4 Tobacco Products

Packages containing Tobacco Products are accepted for carriage only from Shippers who are licensed and authorized to ship Tobacco Products according to applicable local laws and regulations.

Red Ant Express prohibits the shipment of Tobacco Products to consumers. To make other Tobacco Product shipments, the Shipper must sign, agree to, and comply with the provisions outlined in an approved Red Ant Express agreement for the carriage of Tobacco Products. Shippers and receivers must comply with all applicable local laws or regulations. It is the responsibility of the Shipper to ensure that a Package tendered to Red Ant Express, including a Tobacco Product Package, does not violate any local law or regulation applicable to the Package. Red Ant Express reserves the right to refuse to accept, transport, or deliver any Tobacco Product Package that Red Ant Express, in its sole and unlimited discretion, determines does not comply with Red Ant Express requirements for the Package or any applicable law or regulation, and to discontinue any or all service to any Shipper for, among other reasons, tendering such a Package. Red Ant Express reserves the right to dispose of any Tobacco Product Package that Shippers are prohibited from shipping, that Red Ant Express is not authorized to accept, that Red Ant Express states that it will not accept, or that Red Ant Express has a right to refuse.

3.5 Pharmaceuticals

The Shipper shall comply with and shall ensure that each Package containing pharmaceutical products complies with all applicable local laws and regulations governing the dispensing, shipment, or tender of shipment of pharmaceutical products.

3.6 Perishable Commodities

Red Ant Express does not provide a protective service for the carriage of Perishable Commodities. Such commodities shall be accepted for carriage solely at the Shipper’s risk for any damage arising from the perishable nature of the item. Shippers shall not file claims for, and Red Ant Express shall not be liable to Shippers or any third parties for, any damage arising from the carriage of Perishable Commodities arising from exposure to heat or cold or the perishable nature of the item Red Ant Express reserves the right to dispose of any Package in the Red Ant Express system containing a Perishable Commodity that Red Ant Express deems in its sole and unlimited discretion to be of no value, unsafe, or unsanitary.

4. Right of Inspection

Red Ant Express reserves the right in its sole and unlimited discretion to open and inspect any Package tendered to it for carriage but is not required to do so.

5. Refusal of Service

Red Ant Express reserves the right to refuse to provide service, among other reasons, for any Package which because of the dangerous or other characteristics of its contents may, in the sole judgment of Red Ant Express, soil, taint, or otherwise damage other Packages or Red Ant Express’s equipment, or which is improperly or insecurely packed or wrapped, as determined by Red Ant Express in its sole judgment.

Before accepting any Package, Red Ant Express reserves the right to require sufficient verification, as determined by Red Ant Express in its sole and unlimited discretion, of the Shipper’s name and address, or any other information necessary to accept the Package for service. Red Ant Express reserves the right to refuse to provide service for any Package or to or from any location, or to provide alternative service arrangements, or to intercept, hold or return any Package when, among other reasons, Red Ant Express, in its sole and unlimited discretion, determines that it is unsafe or economically or operationally impracticable to provide service, that its services are being used in violation of local law, or for fraudulent purposes, or when the account of the person or entity responsible for payment is not in good standing.

6. Packaging

It is the responsibility of the Shipper to ensure that proper packaging is used and that the contents are adequately and securely packed, wrapped, and cushioned for carriage. Acceptance of tender by Red Ant Express is not an indication that a Package is packed properly. In addition, any tested product must be free from damage and the packaging must afford reasonable protection as determined by Red Ant Express in its sole judgment.

The use of Red Ant Express-provided packaging is not a guarantee that an item is sufficiently packaged for carriage. Red Ant Express does not provide special handling for Packages with “Fragile” markings.

When shipping media of any type containing sensitive personal information (such as personal financial or health information), it is recommended that the Shipper retain a copy of the data and secure the data on the media through encryption or other technological means. Red Ant Express is not liable or responsible for loss of, damage to, or irretrievability of data stored on media of any type, or for loss of information, including without limitation personal, health, or financial information.

7. Delivery Attempts

If Red Ant Express is unable to deliver a Package, a phone call will be made to the Consignee’s telephone number notifying that Delivery has been attempted. Thereafter, a second attempt to deliver the Package may be made on the following day without additional charge. Red Ant Express may, in its sole and unlimited discretion, after the second delivery attempt, deliver a Package to an Red Ant Express Facility, where such Package will be held for pickup. Requests for subsequent delivery attempts are subject to additional charges which will be assessed by the Consignee.

8. COD Service

COD. (Cash on Behalf) is a service where a Consignee makes the payment for a Package at the time of the delivery. The Package shall be handed over to the Consignee only upon successful completion of payment.

COD service shall only be provided to retail customers who have registered for Red Ant Express’s services and have signed a mutually agreed upon Service Contract. COD service shall be provided at an additional cost.

Red Ant Express shall collect payment according to the declared amount on the Waybill. The payment shall then be transferred to the Shipper through ABA Transfer. The settlement period of COD payments collected shall be three (3) business days.

Red Ant Express shall only accept US Dollars and Khmer Riels for the service fee payment. Red Ant Express reserves the right to adjust the currency exchange rate based on the economic.

Red Ant Express shall transfer the COD payment made by the Consignee to the Shipper by ABA Bank Transfer.

9. Liabilities

Red Ant Express shall not be liable for any COD service which has been completed and undisputed for seven (7) days or more.

10. Rates

The applicable Red Ant Express Rates are determined based on Package and Shipper characteristics, including Package weight and size and origin to destination distance, and are subject to change. Except as otherwise stated in the Terms, all charges, fees, or surcharges shall be those outlined in the Red Ant Express Rates in effect at the time of shipping.

To determine the amount of any Charges for Red Ant Express service, consult the Red Ant Express Rates in effect at the time of shipping. The effective Red Ant Express Rates are available at www.hlhexpress.com.kh and upon request at the local Red Ant Express Facility.

Shippers are responsible for providing accurate and complete Package information in the Red Ant Express Shipping System used, including the service selected, number, weight, and dimensions of Packages. If any aspect of the Package information is incomplete or incorrect as determined by Red Ant Express in its sole and unlimited discretion, Red Ant Express may adjust Charges at any time.

If multiple Packages are tendered for carriage at the same time or at different times using the same shipping label and tracking number or a shipping label altered without Red Ant Express’s authorization, each of which is prohibited, Red Ant Express reserves the right to refuse service or to apply Charges to each such Package in its sole and unlimited discretion.

Red Ant Express reserves the right in its sole and unlimited discretion to use any mode of transportation to provide the service the Shipper selects. Regardless of the mode of transportation used, the effective Red Ant Express Rates for the service selected by the Shipper shall apply. If, however, a Shipper selects an Red Ant Express service to a destination for which only a higher level of service is available, Red Ant Express will substitute the next higher level of available service and will charge the corresponding rate for the substituted service.

11. Claims

All claims against Red Ant Express arising out of or related to the provision of services by Red Ant Express, including, but not limited to, demands for damages, refunds, credits, and any legal or equitable relief whatsoever, shall be extinguished unless the Claimant is timely and completely complies with all applicable notice and claims periods outlined in the Terms and the Service Guide. Claimants may not deduct the amounts of pending claims from any Charges owed to Red Ant Express, and the Shipper waives any and all rights, including any statutory or common law rights, to set off the amount of any claim against Charges owed to Red Ant Express.

Claimant and Red Ant Express agree that their sole relationship is a contractual one governed by the Service Guide and Terms. Any controversy or claim arising out of or related to the provision of services by Red Ant Express shall be resolved solely based on the agreements outlined in the Service Guide and Terms.

11.1 Making Claims for Loss or Damage of Package

All notices of claims for loss of or damage to the Package transported or accepted for carriage must be in writing (or electronic communication) and include the date of shipment, the tracking number, and the nature of the loss or damage. A request for proof of Delivery or damage inspection or the filing of a lawsuit does not constitute notification of a claim.

All claims for loss of or damage to Package transported or accepted for carriage must: (1) be in writing (or electronic communication) and must include reference to the source document or pickup record number and date of shipment or copies of other documents sufficient to identify the Shipment involved and the declared value; (2) assert the liability of Red Ant Express for alleged loss or damage; (3) make claim for payment of a specified or determinable amount of money; and (4) be accompanied by a copy of the original invoice or, if no invoice was issued, other proof, certified to in writing, as to the purchase price paid by the Consignee (where the Package involved has been sold to the Consignee), actual cost or replacement cost of the Package, or extent of the damage to the Package.

No claims will be voluntarily paid unless Red Ant Express receives notice of the claims and they are filed in writing or transmitted electronically by or on behalf of the Shipper following these provisions. A right or claim, of any kind, for loss or damage to Package is conditioned upon full and strict compliance with this Section 11.1 and Sections 11.3 through 11.6. Full and strict compliance with this Section is required, even where it is believed that such compliance would not result in relief or would otherwise be futile.

11.2 Acknowledgement of Claim for Loss or Damage of Package

After receiving a proper written or electronic transmission of a claim in the manner and form and with the supporting documents described in Section 12.1 (“Making Claims for Loss or Damage to Package”) and Section 11.4 (“Investigation of Claims for Loss or Damage to Package”) herein, Red Ant Express or its designee will acknowledge the receipt of such claim in writing or electronically to the Claimant within seven (7) days after the date of receipt, unless such claim has already been paid or denied in writing or electronically. Red Ant Express will at the time each claim is received create a separate file and assign thereto a successive claim file number and note that number on all documents filed in support of the claim and all records and correspondence with respect to the claim, including the written acknowledgment of receipt and, if in its possession, the source document and delivery receipts, if any, covering the shipment involved. At the time such a claim is received, Red Ant Express will cause the date of receipt to be recorded on the face of the claim document, and the date of receipt will also appear on the acknowledgment of receipt sent to the Claimant.

11.3 Time Limit for Notice and Filing of Claims for Loss or Damage to Package

As a condition precedent to recovery, all claims for loss or damage to Package must be noticed and filed in writing or electronically with Red Ant Express within 24 hours after Delivery of the Package or, in case of failure to make Delivery, within seven (7) business days after a reasonable time for Delivery has elapsed.

Once Red Ant Express has acknowledged the receipt of such a claim in writing or electronically to the Claimant, the Claimant must file all supported documents requested by Red Ant Express within seven (7) business days.

11.4 Investigation of Claims for Loss or Damage to Package

Prompt Investigation. Each claim for loss or damage to a Package filed in the manner prescribed herein will be promptly and thoroughly investigated if the investigation has not already been made before receipt of the claim.

Supporting Documents. Each claim must be supported by the following: (1) evidence of payment of the shipping and any declared value charges; and (2) either the original invoice or a photocopy, exact copy, or extract of, the original invoice, a certification of prices or costs, with a trade or other discounts, allowance, or deductions of any nature whatsoever and the terms thereof, or depreciation reflected thereon. Where the Package involved in a claim has not been invoiced to the Consignee shown on the bill of lading or receipt, where an invoice does not show price or cost, where the Package involved has not been sold, or where the Package has been transferred at bookkeeping values only, Red Ant Express will, before paying a claim, require the Claimant to establish the value in the quantity shipped, transported, or involved. Red Ant Express reserves the right to request the original shipping record or source document.

For an asserted claim of $50 or more for a Package processed through an Red Ant Express Shipping System and tendered to an Red Ant Express driver or Red Ant Express Facility, a copy of the signed high-value shipment summary applicable to the shipment obtained by the Shipper and signed by an Red Ant Express representative at the time of tender may be required to support the claim. Red Ant Express reserves the right to refuse to pay any claim if, having requested such a signed high-value shipment summary, no such summary is provided.

By filing a claim and supporting documents to Red Ant Express, the Claimant certifies that the claim, amount of claim, and supporting documents are true and correct.

Original Packaging Materials. In the event that a claim is made for damage to a Package, the original packaging materials must be made available to Red Ant Express or its designee for inspection before reshipment.

Verification of Loss. When an asserted claim for the loss of an entire Package cannot be otherwise authenticated upon investigation, Red Ant Express will obtain from the Consignee of the shipment involved a certified statement in writing that the Package for which the claim is filed has not been received from Red Ant Express or any other source. Red Ant Express reserves the right to require verification by the filing of a police report and providing a copy of the filed report to Red Ant Express in support of the claim.

11.5 Salvage

When Red Ant Express pays the actual cost, the purchase price, or the replacement cost of the Package, all rights, title to, and interest in the Package shall thereupon pass to Red Ant Express, and Red Ant Express reserves the right to obtain the Package for salvage. Payment of a claim in such circumstances shall be contingent on Red Ant Express’s receipt of the damaged Package in the same condition as on the date the damage was incurred.

11.6 Disposition of Claims for Loss or Damage to Package

Red Ant Express or its designee, after receiving a written claim for the Package transported, will pay, decline, or make a firm compromise settlement offer in writing to the Claimant within seven (7) days after Red Ant Express receives the claim; provided, however, that if the claim cannot be processed and disposed of within seven (7) days after receipt.

No claim for loss or damage shall be paid unless a valid claim has been filed following the Terms set forth herein (in Section 12.1, “Making Claims for Loss or Damage to Package,” Section 12.3, “Time Limit for Filing Claims for Loss or Damage to Package” and Section 12.4, “Investigation of Claims for Loss or Damage to Package”). Red Ant Express reserves the right to refuse to pay any claim for loss or damage to Package until all outstanding Charges owing to Red Ant Express have been paid in full. Red Ant Express reserves the right to refuse to pay any claim for loss of Package if, having requested a detailed description of the Package, no such description is provided.

12. Responsibility for Loss or Damage

Without shipping insurance (see 13.2), Red Ant Express’s liability for loss or damage to each Package is limited to 5 times the shipping fee or the actual product value whichever is lower for international shipping and 10 times the shipping fee or the actual product value whichever is lower for local shipping fee. Customers will be asked to provide supporting documents for the actual product value.

12.1 Maximum Declared Value

The maximum declared value is $5,000 per Package, declarable at a surcharge as set forth below.

Declaring a value in the “Declared Value” field of the Red Ant Express Order Form used does not increase Red Ant Express’s limitations of liability for, and Shippers may not declare a value for damages related to providing or failure to provide COD service, including, but not limited to failure to collect the COD amount; failure to collect the specified form of payment; a collection of an instrument in the wrong amount; failure or delay in delivering the collected instrument to the Shipper; or collection of forged, insufficient funds, or otherwise invalid instruments.

Any declared value contrary to what is allowed in the applicable Terms or Service Guide (e.g., the portion of any declaration in excess of allowed maximums) is null and void. Acceptance for carriage or receipt of payment for any Package bearing a declared value contrary to what is allowed does not constitute a waiver of any provisions of the Terms of Service Guide limiting Red Ant Express’s liability or responsibility for any such Package. If a Shipper declares value in excess of the applicable maximum allowed or in any respect contrary to what is allowed in the applicable Terms or Service Guide, it is the Shipper’s sole responsibility to timely request an adjustment to recover any Charges. Shippers who fail to do so will be liable for all invoiced Charges. Customers are only required to provide the Declared Value if only they opt for Insurance Service.

12.2 Insurance

Shipment insurance is an optional, chargeable service that is available for all customers. It covers the full Declared Value of your shipment in the unfortunate and rare event that a mishap might occur to your shipment while it is in Red Ant Express’s care.

Red Ant Express wants to help you curb the ambiguity of international shipping. With our insurance coverage, you can have peace of mind that your shipment will be fully covered until it reaches its intended recipient.

The price of insuring your shipment is 5% of the insured value. The insurance covers the actual value of your shipment or the Maximum Declared Value in the unlikely event that it gets damaged or lost in our care.

12.3 Exclusions from Liability

Red Ant Express shall not be liable or responsible for:

loss or damage to articles of unusual value (as defined in these Terms);

loss or damage resulting from insects, moths, vermin, inherent vice, deterioration, dampness of atmosphere, extremes of temperature, ordinary wear and tear, or that which occurred or arose before or after the course of transportation by Red Ant Express;

loss or damage resulting from improper, inadequate, or unsafe packaging or wrapping that fails to meet Red Ant Express’s published standards (as defined in these Terms);

loss or damage to Perishable Commodities to the extent the loss or damage results from exposure to heat or cold or the perishable nature of the item;

loss or damage to human remains, fetal remains, human body parts, human embryos, or components thereof;

loss or damage to fluorescent tubes or bulbs;

loss of, damage to, or irretrievability of data stored on any type of media, or of information including without limitation personal, health, or financial information;

loss or damage due to acts of God, natural disasters, war risks, acts of terrorism, nuclear damage, acts of public authorities acting with actual or apparent authority, acts or omissions of customs or similar authorities, the authority of law, the application of security regulations imposed by the government or otherwise applicable to the Package, riots, strikes or other labor disputes, civil unrest, disruptions in national or local transportation networks (including, but not limited to, Red Ant Express’s transportation network), disruption or failure of communication and information systems, or adverse weather conditions;

loss or damage to any Package for which Red Ant Express has no scan or other record reflecting that the Package was tendered to Red Ant Express by the Shipper; or

loss or damage to any Package containing articles that Shippers are prohibited from shipping, that Red Ant Express does not or is not authorized to accept for carriage, that Red Ant Express states that it will not accept, or that Red Ant Express has a right to refuse.

Red Ant Express shall not be liable for any damages of any kind, under any theory, arising from or relating to, directly or indirectly, in whole or in part, the loss of or unauthorized access, acquisition, use, modification, disclosure, or destruction of, or damage to, personal, health, financial, or any other type of data or information, including, without limitation, National Identification number, date of birth, driver’s license number, credit card number, and financial account information. Notwithstanding any other provision to the contrary and to the fullest extent permitted by applicable law, Red Ant Express will in no event be liable to Shipper, Consignee, or any other person, for any loss, damage, or costs of any kind arising out of or related to any data loss, data exposure, unauthorized access to data or an electronic system(s), or cybersecurity or data privacy incident, regardless of whether or not any such loss, damage, or costs are caused by, or otherwise attributable to, Red Ant Express.

Red Ant Express shall not be liable for any loss or damage arising from providing service to, or on behalf of, a person or entity that obtains such services, including the delivery of Package, by trick, pretense, or another fraudulent scheme.

Red Ant Express shall not be liable for any interruption of service due to causes beyond Red Ant Express’s control including, but not limited to the unavailability or refusal of a person to accept Delivery of the Package, acts of God, natural disasters, war risks, acts of terrorism, acts of public authorities acting with actual or apparent authority, acts or omissions of customs or similar authorities, the authority of law, insufficient information provided by a customer, Hazardous Material Packages improperly offered for transport, the application of security regulations imposed by the government or otherwise applicable to the Package, riots, a government agency hold, strikes or other labor disputes, civil unrest, disruptions of any kind in national or local transportation networks (including, but not limited to, Red Ant Express’s transportation network), disruption or failure of communication and information systems, and adverse weather conditions.

UNDER NO CIRCUMSTANCES SHALL RED ANT EXPRESS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM LOSS, MISDELIVERY OF, OR DAMAGE TO PACKAGE, DELAYED DELIVERY, FAILURE TO ATTEMPT DELIVERY IN ACCORDANCE WITH THE RED ANT EXPRESS SERVICE GUARANTEE, OR LOSS OF DATA, WHETHER OR NOT RED ANT EXPRESS HAD KNOWLEDGE SUCH DAMAGES MIGHT BE INCURRED. UNDER NO CIRCUMSTANCES SHALL RED ANT EXPRESS BE LIABLE FOR ANY DAMAGES WHATSOEVER FOR DELAYED DELIVERY, EXCEPT AS SPECIFICALLY PROVIDED FOR SHIPMENTS MADE UNDER THE RED ANT EXPRESS SERVICE GUARANTEE.

Acceptance for carriage of any Package containing articles that Shippers are prohibited from shipping, that Red Ant Express does not or is not authorized to accept for carriage, that Red Ant Express states it will not accept, or that Red Ant Express has a right to refuse, does not constitute a waiver of any provisions of the Terms of Service Guide limiting Red Ant Express’s liability or responsibility for any such Package.