Terms and Conditions :
Interpretation and definitions
Affiliate means, with respect to a Party, any person, corporation, or other entity Controlled by, Controlling, or under common Control with a Party;
Agreement means the agreement for the provision of the relevant Services that is created by your:
(b)written acceptance of any proposal we give you setting out the details of our Services to be supplied to you; or
(c)ordering of any Services from us from time to time and in response to which we carry out such Service, including, without limit, by you signing our Waybill, our receipt or collection of a Consignment from you,
the terms of which agreement are deemed to incorporate the terms of our proposal, these General Terms, the terms in any Waybill and/or any other special conditions expressly accepted in writing by us or which we notify to you when accepting any order or Consignment, and provided that the agreement will not be otherwise replaced or amended by any contrary terms and conditions written on any order document or waybill issued by you;
Application and Applications means the mobile and web applications through which Services can be booked and are rendered;
Consignee or Receiver means the person or entity specified on the address label of the Waybill as your intended recipient of a Consignment;
Consignment or Shipment means any Goods that travel under one Waybill to be delivered to the same Consignee and which may be carried by any means we choose, including air, road or any other carrier;
Control means the power (whether directly or indirectly and whether by the ownership of share capital, the possession of voting power, contract or otherwise) to appoint or remove all or such of the members of the board or other governing body of a person as are able to cast a majority of the votes capable of being cast by the members of that board or body on all, or substantially all, matters, or otherwise to control or have the power to control the policies and affairs of that person;
Dangerous Goods means any Goods classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organisation), ADR (European Road Transport Regulation on dangerous goods), IMDG (International Maritime Dangerous Goods) code, the United Nations Recommendations on the Transport of Dangerous Goods, or as may be specified from time to time by any applicable government department or other relevant organisation in the Territory;
Delivery Address means the address for delivery of a Consignment as specified on a Waybill;
Fragile Goods means any Goods that are, or include components that are, inherently fragile or breakable, and which require special packaging and/or handling to ensure they are not damaged and which Goods include for example, without limitation, electrical Goods, glass, china, ceramics, pottery, stoneware, fossils, antiques and works of art, or such similar materials or Goods;
Goods means any goods, products, items, documents or parcels;
Non Standard Size means any Consignment or Goods that do not meet our standard dimensions or weight limits set out in our Standard Operating Procedures or that otherwise requires special equipment or labour resources in excess of a single person for loading or unloading into our vehicles;
Party means either you or us and Parties means both of us;
Profile means the information used by the User to register an account using our Application and may include, but is not limited to, name, mobile phone number, and email address;
Service or Services means any and all services to be provided to you by us under an Agreement;
Standard Operating Procedures or SOP means our operating procedures for the relevant Services as supplemented by the industry accepted standard operating procedures relevant to the Services to the extent our operating procedures may be silent;
Stored Goods means any Goods that are stored in any of our facilities on a temporary basis as part of an existing Consignment or Waybill or otherwise as part of Warehousing Services we have agreed to provide to you;
Territory means the territory where Services are rendered;
Unacceptable Goods means Goods that: (a)are Dangerous Goods;
(b)have no customs declaration where required by applicable customs regulations; (c)are, or may be: alcohol; counterfeit; animals; bullion; currency; negotiable instruments; currency; stamps; money orders; precious metals or stones; real or imitation firearms, parts thereof; weapons; explosives or ammunition; human remains; pornography; tobacco; or illegal drugs; or are otherwise not permitted by applicable law to be sold or carried within the Territory or any other country in which we provide Services in connection with the
Consignment or Goods;
(d)we reasonably decide cannot be stored, handled or carried safely or legally; (e)are poorly or inadequately packaged; or
(f)are Fragile Goods without sufficient protective packaging, temperature sensitive or perishable Goods unless we have expressly agreed in writing otherwise to provide
Services in respect to such Goods and they are correctly and adequately packaged as required by us;
Users shall mean all users of the Services, including but not limited to, Customers, Consignees or Receivers and other third party providers.
Value means, in respect to any Consignment, the lesser of the cost and the market value of such Consignment;
Warehousing Services means the provision by us of temporary storage space for your Goods in our facilities, which services may be subject to our additional standard terms and conditions for the supply of such services;
Waybill means the label, waybill, consignment note or other similar document produced by our system, either in physical or digital form, for describing the details of a particular Consignment;
We, us, our, EXPRESS BOX Delivery means EXPRESS BOX transportation and logistics Services LLC ; and
You, your, consignor, merchant, customer means the person or entity who engages us for the provision of certain Services which are the subject of an Agreement.
the following information: (a)Name;
(d)Credit Card information; (e)Email address; and
(f)Other information about the User that may contribute to the verification process or provision of the Service, including, but not limited to, geographical location information created by the User’s device.
(b)in accordance with our Standard Operating Procedures from time to time.
Consignments
You agree:
Cargo/Freight/parcel handling
(a)that any assistance we provide to assist you to load Consignments will be provided at our sole discretion and is at your sole risk and we will not be liable for any damage caused (whether negligently or otherwise); and
(b)we will have no liability (however caused, including negligently or otherwise) for any
loss, damage, mis-delivery, non-delivery or late delivery of any Non Standard Size Consignments; and
(c)to indemnify us and keep us indemnified against any costs, expenses, liabilities, injuries, losses, damages, claims, demands, proceedings or legal costs and judgments that we suffer as a result of the provision of such assistance.
Intransit
(a)when a Consignment is delivered to the Delivery Address (including in accordance with clause 6.1); or
(b)We will not keep any parcels/cargos in our custody of Not-delivered orders due to Non availability of consignee or any such issue related to the customer. Hence it will be return back to origin/customer/Business. And it will be charged again if the customer wish to make one more attempt
return back to the origin after informing the shipper .
(a)before it has been scheduled by us for delivery then we will not apply a delivery charge to that specific order; or
(b)after you have scheduled it for delivery and we have attempted the delivery, then we will apply the attempted delivery charge to that order in addition to any other applicable fees and charges for that specific order.
Not delivered Goods/Parcels &Restricted shipments
If:
7.1the Consignment is, or is deemed by us as being, Unacceptable Goods; or 7.2Consignee cannot be reasonably identified or located; or
then, subject to the terms of the applicable SOP, we will return the Consignment to you at your cost (which in the case of Unacceptable Goods, and if you refuse to accept or are otherwise unable to receive, the Consignment then it may be released, disposed of or sold by us without incurring any liability whatsoever to you or anyone else, and the proceeds will be applied against any Service charges, our related administrative costs; and any remaining balance of the proceeds of a sale will be remitted to you as soon as reasonably possible. Our remittance of such balance proceeds will discharge us from all liability to you in respect of such Consignment and its carriage and storage.
We do not accept as a shipment, anything that,
(a)we may charge, and you must pay, interest upon such sum from the due date until payment is made in full, both before and after any judgment, at 2 per cent per month; (b)we may recover our costs and expenses of collecting such amount and in this respect you indemnify us for any such costs, which include, without limitation, attorney fees and court costs;
(c)we may suspend deliveries of your other Consignments until the outstanding amount has been received by us;
(d)any other sums you owe us, regardless of whether we have issued you with an invoice for such sums or whether they are due to be paid in the future, become immediately due and payable; and
(e)we may recover those sums plus any other amounts referred to in this clause 8.5 by deducting them from any security you have provided to us or from other monies paid
to us by you or a Consignee, including, without limitation, from any amounts we are holding for COD or CardOD payments.
(a)you are legally entitled and have all the rights, authority and capacity to enter into the Agreement and to fully comply with its provisions;
(b)the data you provide for the registration of your account is true, accurate, and complete;
(c)you will keep secure and confidential your User account password or any identification we provide you with which grants you access to our Applications and/or Services;
(d)you will not represent yourself to be an agent, representative, employee, or affiliate of Express Box;
(e)you will only use the Services and/or the Applications in accordance with Applicable Laws;
(f)you will not authorize other persons to use your Express Box account, and you will not assign or otherwise transfer your User account to any other person or entity;
(g)you will not in any way copy, reproduce, or distribute any material provided by Express Box, including the Applications, Services, texts, graphics, images, music, software, audio, videos (collectively “Content”) without the express written consent of Express Box;
(h)you will not assist any third party in breaching any of the above;
(a)Your, or your employee’s or agents’: acts; omissions; breach of Agreement;
negligence; misstatement or misrepresentation;
(b)any inherent liability to wastage, latent or inherent defect, vice or natural deterioration or electrical or magnetic derangement of the Consignment; (c)the Consignment being insufficiently or improperly packaged; or
(d)the Consignment being incorrectly or insufficiently addressed or labelled.
damages, compensation, penalties or fines arising from any loss of use, howsoever arising under or in connection with the Agreement or the Services and whether or not we contemplated, knew about, should’ve known about or were advised of the possibility of any such consequence, loss, damage, compensation, penalty or fine and whether the liability is based in contract, tort, negligence, equity, indemnity, statute or on any other legal basis.
(a)delay or cancellation of ferries, flights or railway transport or scheduled trucking; (b)failure by a Consignee to accept or otherwise be available for accepting delivery of a Consignment;
(c)delays in or refusal of customs clearance;
(d)act of God, war, riot, civil commotion, malicious damage or blockades, strikes, lockouts or other industrial disputes (whether involving our workforce or that of a third party) compliance with any law or governmental order, rule, regulation or direction seizure under legal process, national emergencies, fire, flood, tempest or storm, accident, breakdown of plant or machinery default of supplies (including, without limitation fuel) or sub-contractors.
(a)of the same, in respect to delivered Consignments, within:
(i)5 days of the date of delivery if the proof of delivery is signed as having been received in good condition; and
(ii)7 days of the date of delivery (or the due date for delivery if the whole Consignment has been lost or mis-delivered) in all other cases, and make a written claim against us within 21 days of the date of delivery or the due date of delivery (as appropriate); or (b)subject to clause 12.1(a), of your claim in respect to Goods stored during Warehousing Services, within 14 days of the date you become aware, or are notified by us, of the damage.
which seeks to impose upon him or them any liability in connection with these Genera Terms or an Agreement or the Services undertaken by us.
(a)the Value of the Consignment, or the part of the Consignment as appropriate, which has been lost, mis-delivered or damaged;
(b)in the case of damaged Goods within a Consignment, the cost of repairing the damage; and
(c)the sum determined by either clause 14.2 or 14.3.
$2.50
You agree that it is your responsibility to ensure, and you also warrant that, all Goods within a Consignment comply with all applicable laws and regulations at all points in the delivery chain, and that all authorizations or licenses necessary for the sale and transit of such Goods have been obtained. In no event will we be held responsible for the consequences of any failure by you to ensure compliance with applicable laws and you indemnify us for all costs (including legal costs), expenses, damages, losses or fines incurred by us arising from or in connection with your breach of this clause.
(f)you enter into an arrangement, compromise or composition with or assignment for the benefit of any of your creditors; or
(g)you have an administrator, controller, receiver, receiver and manager, liquidator, provisional liquidator or similar officer appointed over any of your assets; or
(h)you are an individual, if you die or become bankrupt or make a compromise or composition with or assignment of your property in favour of creditors.
19.1, payment for all Services provided by us up to the date of such suspension or termination becomes immediately due and payable, despite any credit arrangements or facilities previously granted to you. We may also retain any security given to us or other monies paid to us under COD or CardOD payments and apply it against the assessed amounts outstanding to us as well as toward any other loss or damages incurred by us as a result of the suspension of termination.
You are responsible for checking the website for such amendments to these General Terms and will be deemed to have accepted, and be bound by, them upon your use or ordering of any Services.