The Shipper/Sender/Client acknowledges and accepts these terms and conditions and relieving TCS (Pvt.) Limited along with all of its affiliated/associated/group companies (hereinafter referred to as “TCS”) from any liabilities, responsibilities, claims, proceedings, suits, etc. against any damage, loss or expense suffered in connection with the services hereunder and also agreeing that TCS will only be responsible for the carriage of parcel/goods/cargo which is the only function and responsibility of TCS.
- TCS Consignment Note:
The Consignment Note of TCS (hereinafter referred to as “CN”) is non-negotiable and the Shipper/Sender/Client acknowledges that it has been prepared by the Shipper/Sender/Client or by TCS staff on behalf of the Shipper/Sender/Client. The Shipper/Sender/Client confirms that all the information provided to TCS while booking the shipment are complete and correct including Shippers and Consignee details, goods value declaration etc. The Shipper/Sender/Client warrants that it is the owner of the parcel/goods/cargo, or that it is the authorized agent of the owner of the goods. In case of any incorrect information or declaration in the CN, the Shipper/Sender/Client acknowledges that TCS will be absolved from any liability or responsibility pertaining to loss, damage or expense suffered by the Shipper/Sender/Client. The execution of this consignment note is prima facie evidence of the conclusions of contract between shipper and TCS.
- No Variation:
These terms and conditions are applicable on all courier, logistics and all other services provided by TCS to the Shipper/Sender/Client hereunder. No employee, franchisee, agent of TCS or anyone else has any authority to change any of these terms and conditions, or make any promise on behalf of TCS which is in addition to or in conflict with these Terms and Conditions.
- Right of Inspection of Shipment:
TCS has the right, but not the obligation, to inspect any shipment including without limitation opening the shipment if required by law and/or regulations. In this regard, the Shipper/Sender/Client agrees that TCS may open and inspect a shipment for any reason at any time as per its discretion. In that event TCS will exercise all the reasonable care, but it shall not be liable for any damage to the shipment or any delay of the shipment or post arising as a result of any such examination.
- Lien of Goods Shipped:
TCS shall have a lien on any goods shipped for all freight Charges, Octroi, duties, advances or any other charges of any kind payable by the Shipper/Sender/Client hereunder and may refuse to surrender possession of the goods until such charges are paid.
- Limitation of Liability:
The Shipper/Sender/Client agrees that in case of any damage or loss to the shipment or any part thereof, the maximum liability of TCS to pay any compensation for damage or loss or failure to deliver the consignment shall be limited to the lowest of the following:
- PKR. 100/- (Rupee One Hundred only) in case of document shipments with origin destination within Pakistan);
- PKR. 100/- (Rupee One Hundred only) per kilogram in case of parcel shipments with origin destination within Pakistan);
- USD 10/- (US Dollar Ten only) in case of document shipments with destination outside Pakistan);
- USD 20/- (US Dollar Twenty only) per kilogram in case of parcel shipments with destination outside Pakistan);
- The actual value of the document or parcel (lost or damaged), as defined in clause 6 below, without regard to its commercial utility or special value to the Shipper/Sender/Client, provided the said loss or damage is suffered solely due to negligence and willful act of TCS (proof of negligence and willful act of default on part of TCS willbe required).
- The Shipper/Sender/Client will indemnify and keep TCS fully indemnified from and against all claims, proceedings, costs, expenses, liability, injury, duties, taxes, import duties, loss or damage in respect of;
i) Any breach of this agreement by the shipper/Sender/Client;
ii) Any injury or death of any person or damage to any property arising directly or indirectly from any act, omission, default, negligence of the Shipper/Sender/Client or its agents;
iii) Any claim, cost or demand whatsoever by whomsoever made in excess of the liability of TCS under these conditions in respect of loss, damage or injury howsoever caused, whether or not by the negligent act of TCS, its servants, agents, franchisee or sub-contractors;
iv) The Shipper/Sender/Client undertakes that no claim shall be made against any Director, Servant, Employee, Agent, Franchisee, or Sub-Contractors of TCS which imposes or attempts to impose upon them any liability in connection with any services which are subject to these conditions, and without prejudice to the foregoing, if any such claim is made, to indemnify TCS against all consequences of such a claim.
- Actual Value:
Consequential Damages Exclusion:
- The actual value of a document (which terms shall include any item of no commercial value which is transported hereunder) shall be ascertained by reference to the lowest of either its cost of its preparation or replacement or reconstruction value at the time and place of shipment, whichever is less;
- The actual value of a parcel/goods/cargo (which terms shall include any item of commercial value which is transported hereunder) shall be ascertained by reference to the lowest of either its cost of preparation or replacement or repairing or fair market value at the time and place of shipment, whichever is less. In no event shall such value exceed the original cost of the parcel/goods/cargo actually paid by the Shipper/Sender/Client.
TCS shall not be liable in any consequential or special damages or other indirect loss, however arising, whether or not TCS had knowledge that such damages might be incurred, including but limited to loss of income, profit, interest, use of contents or loss of market.
Liabilities Not Assumed:
The Shipper/Sender/Client acknowledges that the consignment/shipment shall be transported by road and/or air and shall therefore be exposed to all risks usually to be associated with such mode of transportation. Subject to the aforesaid, TCS will endeavor to exercise its best efforts to provide expeditious delivery in accordance with the regular delivery schedule. however, TCS will not, under any circumstances be liable for delay in pick up, transport or delivery of any shipment regardless of the cause of such delay. Further TCS shall not be liable if a shipment is lost, damaged, mis-delivered or not delivered because of circumstances beyond its control. These include but not limited to;
- “Act of God” for example including earthquake, cyclone, storm, flood or “force majeure”. For the purposes of these terms and conditions, “Force Majeure” means an event which is beyond the reasonable control of TCS and making it impossible for the purpose of performing its obligations/duties. TCS shall neither be held liable for any delay in or failure to perform or observe its obligations under this terms and conditions, if such failures or delays are caused by “Force Majeure” which includes acts of God such as earthquake, flooding and lightening, wars, riots, stoppage, accident, explosion, fire, government restrictions, act of terrorism or any other cause beyond the reasonable control of TCS. In the event of the occurrence of any of the foregoing, the date of performance shall be deferred for a period of time equal to the time lost by reason of the delay.
- The act, default or omission of the Shipper/Client/Sender or any other party who claims an interest in the shipment (include violation of any terms and condition hereof) or any person other than TCS or of any Government officials or of the Postal service forwarded or other entity or person to whom a shipment is tendered by TCS or transportation to any location not regularly served by TCS regardless of whether the Shipper/Client/Sender reported or had knowledge of such third party delivery arrangements.
- The nature of the shipment for any defect, characteristic, inherent vice thereof, even if known to TCS when the Shipper/Client/Sender accepted it.
- Electrical or magnetic energy erasure or other such damage to electronic or photographic images or recording in any form.
(1) If the Shipper/Client/Sender is dissatisfied with the service of TCS, the Shipper/Client/Sender must notify TCS in writing:
(i) within 30 days from the date the Shipment was tendered to TCS in the case of alleged loss of the shipment, or
(ii) 14 days of receipt of the Shipment in the case of alleged damage. TCS reserves the right to decline to accept any claim not so notified.
(2) In the absence of any such notification, the Shipper/Client/Sender is deemed to have accepted that the service has been provided satisfactorily and that the Shipment has been delivered in accordance with the terms of the agreement between TCS and the Shipper/Client/Sender.
(3) In any event, TCS will be under no liability to accept any claim unless and until the Shipper/Client/Sender has paid to TCS all charges due under the business arrangement. The Shipper/Client/Sender must not set off the amount of this claim against those charges.
These term and conditions shall apply to and insure to benefit TCS (Pvt.) Limited along with all of its affiliated/associated/group companies, and their officers, directors and employees.
Material Not Acceptable For Transportation:
TCS does not accept as a shipment; Currency, Jewelry, Bullion, Antiques, Liquor, Stamps, Precious Metals, Precious Stones, Contraband, no customs declaration is made when required by applicable customs regulations, Work of Art, Fire arms, Plants, Drugs, Explosives, Animals, Perishable, Negotiable Instruments in bearer Form, Lewd, Obscene or Pornographic Materials, Industrial Carbons and Diamonds, its packaging is defective or inadequate, items/articles restricted by IATA (International Air Transport Association) or ICAO (International Civil Aviation Organization) or Warsaw Convention relating to International Carriage by Air, hazardous or combustible material or any other item which is notified by TCS from time to time to be a prohibited item in accordance with this paragraph, property of carriage of which is prohibited by any law, regulation or statute of any Provincial or Federal Government of Pakistan.
Lawfulness of Shipment/Goods:
- Unless otherwise expressly agreed in writing, no insurance will be effected by TCS in respect of the Shipper/Client/Sender's parcel/goods/cargo.
- Should the Shipper/Client/Sender require protection against loss or damage to a Shipment and if allowed by the terms of agreement, he must notify TCS before tendering the shipment, stating the nature and value of the goods and the destination of the shipment, specifying the arrangements required. Any such additional cover will incur further charges to the Shipper/Client/Sender so that shipments will be subjected to an Insurance policy. The premium for such cover will be quoted as an Insurance premium and be specific to the individual shipment tendered. Any such insurance cover would be subject to such terms and conditions as the insurer would stipulate.
- In any event and for the avoidance of doubt any cover arranged will not cover the Shipper/Client/Sender for Consequential Loss and TCS is not liable for Consequential Loss howsoever caused.
If the Shipper/Client/Sender Has Asked TCS To Bill The Receiver/Third Party:
- It is hereby undertaken and confirmed that the shipment/goods being stored/transported hereunder through TCS have been acquired by the Shipper/Client/Sender lawfully and no law whatsoever has been breached in acquisition thereof. It is further undertaken and confirmed that all the relevant and necessary documents pertaining to the shipments/goods are in possession of Shipper/Client/Sender who will be liable and responsible to provide all and any document as and when required by TCS for their onward submission to any Government Agency/Department/Authority etc.
- It is further undertaken and confirmed that the Shipper/Client/Sender shall make himself and/or any documents whatsoever available at all material times and in the event that TCS and/or any Government Agency/Department/Authority etc. has any query in relation to all and any aspect of shipments/goods.
- It is further undertaken and declared that TCS being only responsible for warehousing/transportation of shipments/goods of Shipper/Client/Sender, any liability, loss, claim, demand, action, proceeding etc. as may occasion to TCS shall be made good and be fully indemnified by the Shipper/Client/Sender in relation thereto.
The Shipper/Client/Sender agrees to pay all shipment charges and destination duties, levies and taxes, for the shipment if the receiver or third party does not pay with TCS retaining the right to hold onto such shipment/goods/cargo until such payment is made.
If the transportation of a shipment involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention will apply.
The Warsaw Convention governs, and in most cases furthers limits, TCS`s liability for loss or damage to such a shipment.
Oversized/Odd Sized Shipment:
Additional charges for lifter/cranes, special handling would also apply along with agreed rates and the shipment weight would be charged gross or volumetric whichever will be higher at the time of its final weighing by TCS.
Variable Fuel Adjustment Would be Applicable As Per Practice/Arrangements:
All the rates/charges pertaining to the shipments shall be subjected to fluctuation of prices in the fuel and TCS`s decision regarding the same shall be final and binding as per the business arrangement.
Deliverables and Non-Deliverables:
Shipments cannot be delivered to PO boxes. Shipments are delivered to the Receiver’s address given by Shipper/Client/Sender (which in the case of mail services shall be deemed to be the first receiving postal service) but not necessarily to the named Receiver personally. Shipments to addresses with a central receiving area will be delivered to that area. If the Shipment is deemed to be unacceptable, or it has been undervalued for customs purposes, or Receiver cannot be reasonably identified or located, or Receiver refuses delivery or to pay for delivery, TCS shall use reasonable efforts to return the Shipment to Shipper /Client/Sender at his cost, failing which the Shipment may be released, disposed of or sold by TCS without incurring any liability whatsoever to Shipper/Client/Sender or anyone else, with the proceeds applied against service charges and related administrative costs and the balance of the proceeds of a sale to be returned to Shipper/Client/Sender.
Shipper/Client/Sender agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places.
Any dispute arising under or in any way connected with these Terms and Conditions shall be subject, for the benefit of TCS, to the non-exclusive jurisdiction of the courts of, and governed by the law of, the country of origin of the Shipment and Shipper irrevocably submits to such jurisdiction, unless contrary to applicable law.
By the terms and conditions set out above, TCS and its servants and agents are firstly not liable at all for certain losses and damages and secondly wherever they are to be liable, the amount of liability is strictly limited to the amount stated above. Shipper/Client/Sender is therefore advised to purchase insurance cover to ensure that their risk and interest are covered.
The shipper/Client/Sender hereby undertake and acknowledge that entire responsibility for payment of duties, taxes, levies, charges etc. if any, applicable on the shipment rests with it, which has been fully discharged / paid to government treasury. In case of any issue pertaining to payment of duties, taxes etc. applicable, shipper/Client/Sender will be solely responsible to satisfy the relevant authorities accordingly, keeping TCS, its agents, employees, franchisee & directors completely free of these responsibilities.
The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions.