Terms & Conditions
Interpretation and definitions
In these General Terms and Conditions (General Terms) and any document forming an Agreement:
- Affiliate: Any person, corporation, or entity Controlled by, Controlling, or under common Control with a Party.
- Agreement: The agreement for the provision of Services created by your:
- Placing an order for Services via our Application, or
- Written acceptance of any proposal we provide detailing our Services, or
- Ordering of Services from us, to which we respond by carrying out such Services, including, but not limited to, your signing our Waybill.
- Application and Applications: Mobile and web applications facilitating booking and rendering of Services.
- Consignee or Receiver: The intended recipient of a Consignment specified on the Waybill.
- Consignment or Shipment: Goods traveling under one Waybill to the same Consignee, carried by any means chosen by us.
- Control: The power to appoint or remove board members or control policies and affairs of a person.
- Dangerous Goods: Goods classified as hazardous or restricted by relevant authorities.
- Delivery Address: Address for Consignment delivery as specified on the Waybill.
- Fragile Goods: Items inherently fragile or breakable, requiring special handling.
- Goods: Any items, documents, or parcels.
- Non Standard Size: Consignments or Goods not meeting standard dimensions or weight limits.
- Party: Either you or us, with Parties referring to both.
- Profile: Information used for registering an account via our Application.
- Service or Services: Any service provided to you by us under an Agreement.
- Standard Operating Procedures or SOP: Operating procedures supplemented by industry standards relevant to Services.
- Stored Goods: Goods temporarily stored in our facilities as part of an existing Consignment or Warehousing Services.
- Territory: The area where Services are rendered.
- Unacceptable Goods: Goods not permitted for storage, handling, or transportation.
- Users: All users of the Services, including Customers, Consignees, Receivers, and third-party providers.
- Value: The lesser of cost or market value of a Consignment.
- Warehousing Services: Provision of temporary storage space for Goods in our facilities.
- Waybill: Document detailing Consignment details, produced by our system.
- We, us, our, EXPRESS BOX Delivery: EXPRESS BOX Transportation and Logistics Services LLC.
- You, your, consignor, merchant, customer: Person or entity engaging us for Services.
- Headings: Used for information only and ignored in construing these General Terms.
- Singular/Plural, Gender: Singular includes plural, and vice versa; any gender includes all genders; persons include corporate and unincorporated bodies, associations, partnerships, and individuals.
Registration and Provision of Services
Users, whether natural or legal persons, must register a profile to access our Applications. During registration, we may request the following information:
- Name
- Mobile number
- Address
- Credit card information
- Email address
- Other information aiding in verification, including geographical location data generated by the User’s device.
This information is used to facilitate contact between Users and EXPRESS BOX Delivery, manage Services, and verify User identity. We do not verify the accuracy or truthfulness of User identities or information provided. The Service is provided “as is,” with availability subject to supply and demand dynamics and external factors such as weather conditions.
Upon creation of an Agreement, we provide Services:
- Only within the Territory.
- In accordance with our Standard Operating Procedures.
The terms of an Agreement may only be altered by an authorized representative of ours.
Consignments:
You agree and warrant:
- To act as the lawful agent of Consignment owners.
- That Consignments and packaging are fit and safe for handling.
- Compliance with size and weight restrictions.
- Absence of Unacceptable Goods in Consignments.
- To provide requested information accurately and comply with all applicable laws.
- To provide accurate Delivery Address information.
- To indemnify us for any loss due to Unacceptable Goods or warranty breaches.
- That Fragile Goods require prior agreement and adequate packaging.
- We may inspect Consignment contents to ensure compliance.
- Consignments must be delivered to physical addresses.
- Standard transit is unsuitable for Fragile Goods.
Cargo/Freight/Parcel Handling:
Unless agreed otherwise:
- You provide equipment and labor for loading Consignments.
- Additional charges apply for Non Standard Size Consignments.
- We provide loading assistance at our discretion and bear no liability for resulting damages.
- We are not liable for loss or damage to Non Standard Size Consignments.
- You indemnify us for any costs or liabilities related to such assistance.
In Transit:
Each Consignment must be accompanied by a completed Waybill and Address Label as specified by us. Transit begins upon acceptance of a Consignment and ends upon delivery to the Delivery Address. Transit may occur via any means and route chosen by us.
Please note: We do not retain undelivered parcels due to consignee unavailability. Such parcels will be returned to origin or the customer and may incur additional charges for redelivery.
Delivery
- We deliver Consignments:
- To a Delivery Address only after confirming with the Consignee, unless explicitly requested otherwise by you.
- To the Consignee or their authorized recipient, as identified by the Consignee or reasonably inferred.
- You must select and pre-book a delivery service option with us, specifying the delivery time.
- Friday and public holiday deliveries require confirmation at least 48 hours in advance.
- Unsuccessful Friday deliveries still incur the delivery fee.
- We endeavor to deliver within booked delivery windows, but time is not of the essence.
- Cancellations before scheduling incur no delivery charge; post-scheduling, attempted delivery charges apply.
- Upon request within 10 days of delivery, we provide proof of delivery at our discretion, possibly subject to a charge.
Not Delivered Goods/Parcels & Restricted Shipments:
- If the Consignment contains Unacceptable Goods, or if the Consignee cannot be identified or located, or refuses delivery, we will return the Consignment to you at your cost.
- In the case of Unacceptable Goods, if you refuse or are unable to receive the Consignment, we may release, dispose of, or sell it without liability, with proceeds applied against Service charges and administrative costs. Any remaining balance will be remitted to you.
- We do not accept shipments restricted by IATA or ICAO regulations. You certify compliance with these regulations. All shipments are subject to the rules and regulations of the relevant countries.
Payment
- You are required to pay our fees and charges for Services upon creating an order, unless otherwise agreed.
- Our fees are exclusive of applicable taxes, which you are responsible for paying.
- Fees are calculated according to the terms and rates in the Agreement and our Standard Operating Procedures (SOPs).
- Payment methods accepted include Visa or MasterCard debit/credit cards and cash.
- Confirmation of payment will be sent via email to the address registered on your profile.
Late Payment and Other Charges
- Failure to pay on time may result in:
- Interest charges of 2% per month.
- Recovery of collection costs and expenses, including attorney fees.
- Suspension of deliveries until outstanding amounts are settled.
- Immediate payment of any other sums owed.
- We may deduct outstanding sums from any security provided or from other payments received.
Payment Process
- You are responsible for ensuring the net amount received by us matches the invoiced amount, bearing any associated fees.
- Additional work or services not covered in the Agreement will be subject to revised pricing.
User Representations, Warranties, and Agreements
By accessing Services, you warrant:
- Legal entitlement and capacity to enter into the Agreement.
- Accuracy of registration data.
- Security of account credentials.
- Non-representation as an agent, employee, or affiliate of Express Box.
- Compliance with applicable laws.
- Non-authorization of third-party account use.
- Non-reproduction or distribution of Express Box materials without consent.
- Prompt reporting of unauthorized use of credentials.
General Exclusions of Liability
- We are not liable for loss, damage, or delayed delivery resulting from:
- Your acts, omissions, or negligence.
- Inherent defects or improper packaging.
- Incorrect addressing or labeling.
- Our liability is limited, except for fraud or personal injury resulting from negligence.
Claims
- You must notify us of any loss or damage within specified timeframes.
- Claims must be made within 12 months from the commencement of transit.
- No claims against our officers, servants, or affiliated companies are allowed.
Liability Limitation
- Our liability for loss or damage to Consignments is limited to:
- The value of the Consignment.
- Repair costs for damaged goods.
- Specified sums based on Extended Cover options.
- Liability is further limited for Consignments valued below $25.00.
Compliance with Laws
- You must ensure all Goods comply with applicable laws and regulations throughout the delivery chain.
Suspension and Termination
- We may suspend or terminate the Agreement for various reasons, including breaches, non-payment, or insolvency.
- Payment for Services provided up to the suspension or termination date becomes immediately due.
- We may retain any security or payments made under Cash on Delivery (COD) or Card on Delivery (CardOD) arrangements.
General
- Delivery of a Consignment constitutes acceptance of these terms.
- Failure to enforce any provision does not waive our rights.
- The Agreement is personal and may not be assigned without our consent.
- Invalid provisions do not affect the validity of the rest of the Agreement.
- Communications must be in writing and delivered to specified addresses.
- We may amend these terms at our discretion by publishing updates on our website, effective immediately upon publication.