1. In these terms and conditions:
- “Courier” shall mean ALL ABOUT DELIVERY, its servants, agents, and Sub-Contractors.
- “Customer” means the person or entity, or as servants or agents, entering into this contract with the Courier.
- “Sub-Contractor” means and includes:
- Any person, firm or company with whom the Courier may arrange for the carriage of any goods the subject of this contract;
- Any person who is now or later a servant, agent, employee or Sub-Contractor of any other persons referred to in (a) and (b) above.
2. COURIER IS NOT A COMMON CARRIER
2.1 The Courier is not a common carrier and will accept no liability as such.
2.2 All goods or articles are carried or transported and all storage and other services are performed by the Courier subject to these conditions.
2.3 The Courier reserves the right to refuse to transport any goods for any person, firm or company at its discretion without being bound to give any reason for such refusal.
3. RIGHT TO SUB-CONTRACT
3.1 The Customer authorizes the Courier to engage a Sub-Contractor for the carriage of any of the goods subject to this contract at its discretion.
3.2 The Sub-Contractor is deemed to be entitled to the full benefit of these terms and conditions to the same extent as the Courier. The Courier is deemed to have entered into this contract for its own benefit and also as agent for the Sub-Contractor.
4. METHOD OF CARRIAGE
4.1 Courier may use any other method or methods to transport the goods at its absolute discretion, and the Customer is deemed to authorize such other method or methods.
5. DELIVERY OF GOODS
5.1 The Courier is authorized to deliver the goods at the address given to the Courier by the Customer for that purpose, and without prejudice to any other method of delivery.
5.2 The Courier is taken to deliver the goods specified in the Contract in accordance with the term and conditions of the Contract if at that address the courier obtains from any person a receipt or signed delivery docket for the goods.
5.3 If the specified place of delivery is unattended or if the Courier is otherwise unable to effect delivery, the Courier has the option to deposit the goods at that place or to store the goods. If the Courier decides to store the goods the Customer must pay or indemnify the Courier for all costs and expenses incurred in or about such storage. Furthermore, the Courier has the discretion to re-deliver the goods to the Customer from the place of storage at the Customer’s expense.
5.4 If the Courier decides to deposit the goods in accordance with Clause 5.3, this is deemed to be delivery of the goods under this contract.
6. RESPONSIBILITY FOR LOSS OR DAMAGE TO GOODS OR MIS- DELIVERY
6.1 Unless otherwise agreed in writing, the goods are earned at the risk of the Customer and the Courier accepts no responsibility in tort or contract or otherwise for any loss or destruction of, or damage to, or misdelivery or failure to deliver, or delay in delivery of goods either in transit or in storage, whatever the reason.
6.2 The Customer agrees to indemnify the Courier against all loss, damage and expense sustained by any person (including the Courier) by reason of any such loss, damage, mis-delivery, non-delivery or delay in delivery as mentioned in Clause 6.1.
7. EXPLOSIVE, INFLAMMABLE, ILLEGAL OR OTHERWISE DANGEROUS GOODS
7.1 The Customer or the Customer’s authorized agent must not tender any explosive, inflammable, illegal or otherwise dangerous or damaging goods for carriage by the Courier unless the Customer gives the Courier a full description of the goods.
7.2 If the Customer fails to comply with Clause 7.1, the Customer is liable for all loss and damage resulting from this breach.
8. CLAIMING FOR LOSS OR DAMAGE
8.1 Any claim by the Customer or the Consignee for loss or damage in whole or in part to the goods the subject of this Contract which are the subject of insurance under clause 11 must be lodged with the Courier in writing within seven (7) days from the date of dispatch of the goods.
9. CUSTOMER’S WARRANTY AS TO OWNERSHIP OR OTHERWISE
9.1 The Customer expressly warrants to the Courier that the Customer is either the owner of, or authorized agent of the owner, of any goods under this contract.
9.2 By entering into this contract, the Customer agrees to accept these Terms and Conditions of this contract of carriage on behalf of the Consignee, as well as for all other persons on whose behalf the Customer is signing.
9.3 The Customer agrees to indemnify the Courier for any liability whatsoever to any person in respect of the goods subject to this Contract who claims to have, who has, or may have later on, any interest in the goods in whole or in part.
10. CUSTOMER’S WARRANTY AS TO PACKAGING OF GOODS
10.1 The Customer warrants that the Customer has complied with all laws and regulations relating to nature, packaging, labeling or carriage of the goods and that the goods are packed in an adequate manner to withstand the ordinary risks of carriage when having regard to the nature of the goods.
10.2 The Customer agrees to indemnify the Courier to the extent that the Customer fails to comply with this warranty and loss or damage result from the Customer’s failure to comply.
11. INSURANCE OF GOODS
11.1 The Courier will effect insurance of goods as the agent of the Customer if the Customer instructs the Courier to do so.
11.2 To avoid doubt, it is not the responsibility of the Courier to effect insurance of goods. Insurance of goods will only be effected by the Courier for the benefit of the Customer if the Courier receives written instructions from the Customer and the Customer agrees to pay the cost of insurance.
12. CHARGES BY THE COURIER
12.1 The Courier’s charges are deemed to be earned as soon as the goods are loaded and dispatched by the Courier.
12.2 The Customer will be and remains responsible to the Courier for all proper charges incurred by the Courier for any reason whatsoever.
12.3 The Courier is entitled to make a charge for any delay over ten (10) minutes in loading or unloading the goods which results from the Customer’s default. The permissible delay period starts upon the Courier reporting at the relevant place for loading or unloading.
12.4 The cost of any labor to load or unload the vehicle is the responsibility of the Customer or Consignee of the goods.
13.1 The Customer accepts that all rights, immunities and limitations of liability accruing to the Courier under these Terms and Conditions continue to have full force and effect, not withstanding any breach of contract or any condition by the Courier.
13.2 The Courier is not bound by any agreement which purports to vary these Terms and Conditions unless the agreement is in writing and signed by or on behalf of the Courier by its duly authorized officer.
13.3 These Terms and Conditions are to be governed and construed by the laws of the State in which the Courier has its principal place of business wherever the contract is made. Accordingly, any proceedings in respect of any claim, matter or thing against the Courier must be instituted in that State only.
13.4 The clauses and provisions in these Terms and Conditions are severable from each other and if for any reason any clause or provision is invalid or unenforceable, such invalidity or unenforceablility does not prejudice or in any way affect the invalidity or unenforceability of any other clause or provision of these Terms and Conditions.