1. OUR CONTRACT WITH YOU
These terms and conditions, together with those available from our international offices, are all the terms of the contract between you, the sender of the shipment and us. When you give us your shipment you accept our terms both for yourself and for anyone else who has an interest in the shipment. Our terms and conditions also protect anyone who we may contract to collect, transport or deliver your shipment. No employee of DTD Worldwide Express (Pvt) Ltd or anyone else has any authority to change any or our terms or conditions or make any promise on our behalf.
2. WHAT “SHIPMENT” MEANS
“Shipment” means all documents or parcels that travel in an airway bill. You certify that shipment details are complete and accurate.
3. INTERNATIONAL SHIPMENTS
You appoint us as your agent to conduct Customs clearance and entry and certify DTD Worldwide Express (Pvt) Ltd as consignee solely for the purpose of designating a customs broker to perform custom’s clearance and entry.
4. SHIPMENT WE DO NOT ACCEPT
We do not accept as a shipment, anything that
♦ Is restricted by IATA (International Air Transport Association) of ICAO (International Civil Aviation Organization.
♦ We decide you cannot transport safely or legally you certify that your shipment is not restricted by any of the above.
5. INSPECTION AND CHARGING
You agree that we may open and inspect your shipment for any reason at any time. We charge according to the higher of actual or volumetric weight.
If you wish to claim for a lost (Includes miss delivered) or damaged shipment.
♦ You must claim in writing.
♦ We must receive your claim within 30 days from the date that we accepted your shipment.
♦ Please send or take your claim to your nearest DTD Worldwide Express (Pvt) Ltd office.
By the conditions set out below DTD Worldwide Express (Pvt) Ltd and its employees and agents are firstly not to be liable at all for certain losses and damage, and secondly wherever that are to be liable the amount of liability is strictly limited to the amount stated in Condition 8. Customers are therefore advised to purchase insurance coverage to ensure that their interests are protected. See condition 9 insurance – below.
7. WHAT WE ARE NOT LIABLE FOR
(EXTENT OF OUR LIABILITY)
Subject to conditions 10 and 11, in respect to any shipment our liability for any loss or damage however occasioned is limited to the lowest of these amounts:
♦ Maximum US$ 100, or
♦ The actual amount of any loss or damage suffered by you.
♦ The actual value of the shipment. This does not include any commercial value or special value to you or to any other person.
♦ Shipment value declared by you at the time of booking the consignment.
8. WHAT WE MEAN BY ‘ACTUAL VALUE’
The lowest of the following amount, determined as at the time and place we accepted the shipment.
♦ The cost of repairing or replacing the documents, or
♦ The cost of reconstructing or reconstituting the document wherein it is assumed that you will not make DTD Worldwide Express (Pvt) Ltdliable for any losses or damages related to the shipment.
♦ The cost of repairing or replacing the parcel, or
♦ The resale or fair market value of the parcel, but under any circumstances DTD Worldwide Express (Pvt) Ltd’s liability will not exceed more than US$ 100.
The actual value of a parcel cannot be more than the original cost to you plus 10 percent.
a) DTD Worldwide Express (Pvt) Ltd maintains shipment (Cargo) liability insurance to the full extent of the liability offered to the shipper.
b) At the request of the shipper and upon payment therefore at the then prevailing rates, DTD Worldwide Express (Pvt) Ltd will arrange insurance coverage on behalf of the shipper in an amount not exceeding one Hundred Dollars (US$ 100.00)
c) The insurance cover shall be governed by all the terms and conditions contained in the policy of insurance issued by the insurance carrier. A certificate evidencing such insurance will be made available to the shipper. If you do not take the Shipment insurance, it is assumed that you will not make DTD Worldwide Express (Pvt) Ltd responsible for any losses or damages related to the shipment what so ever.
10. CIRCUMSTANCES BEYOND OUR CONTROL
We shall make every reasonable effort to deliver your shipment according to our normal delivery schedule but we are not liable if a shipment is lost, damaged, delayed or miss delivered because of circumstances beyond our control. These include:
♦ ‘Act of God’, for example earthquake, cyclone, storm or flood
♦ ‘Force Majeure’, for example of war, plane crash or embargo
♦ Any delay or characteristic to do with the nature of the shipment, even if known to us when we accepted it.
♦ Any action or mission by anyone outside DTD Worldwide Express (Pvt) Ltd , i.e .
♦ The Sender of the shipment
♦ The Receiver of the shipment
♦ An interested Third Party
♦ Customs or other government officials
♦ The post service, other carrier or third party that we contract to serve locations that we do not serve directly .
We are not liable even if the sender did not ask or know about a third party arrangement
We are also not liable for electrical or magnetic damage to, or erasure of electronic or photographic images or recordings, damaged on account of handling in transit.
11. CONSEQUENTIAL DAMAGES
We are not liable for the following, whether they arise in contact or any other form of civil action, including negligence and even if they are our fault.
♦ Consequential or special damage or losses
♦ Other indirect losses
♦ Breach of other contracts
Consequential damages or losses include, but are not limited to lost income, profits, interest, markets, loss of contract/ Good will.
12. WARSAW CONVENTION
If the transportation of a shipment involves an ultimate destination or stop in a country other than the country of departure, the Warsaw convention may apply. The convention governs, and in most cases further limits, our liability or damage to such shipment.
13. PROOF OF DELIVERY
DTD Worldwide Express (Pvt) Ltd is not committed to give a Hard Copy POD to you
You agree that we may settle your claims in the following manner as decided by DTD Worldwide Express (Pvt) Ltd on case to case basis.
♦ A free of cost (FOC) delivery of replacement/reconstructed shipment or
♦ Cheque payment of settlement amount
15. NON- DELIVERABLE SHIPMENTS
DTD Worldwide Express (Pvt) Ltd does not take any responsibility whatsoever for service failure (i.e. delay/non-delivery) if you book a consignment without telephone/fax no/improper/incomplete address/refusal to accept the shipment by receiver. Further in case a shipment is non deliverable for any reason attributable to you and for the reasons beyond our control you authorize us to treat them as follows, as decided by DTD Worldwide Express (Pvt) Ltd on case to case basis:
♦ Abandon the Shipment
♦ Mail by the local postal mode from the nearest transit point
You further agree to pay the additional correction (distribution/RTO charges towards problems arising to DTD Worldwide Express (Pvt) Ltd on non-deliverable shipments, due to mistakes accountable to you.
16. DUTIABLE GOODS
In case the goods booked by you attract duties at the destination airport, the same as payable by the receiver. DTD Worldwide Express (Pvt) Ltd is not responsible for any delay or otherwise, due to non co-operation of the receiver. However additional charges given below and as decided by DTD Worldwide Express (Pvt) Ltd on case to case basis would be collected from customs.
♦ Service/clearing charges
♦ All duties, taxes/penalties/fines/charges payable on the shipment.
If receiver refuses to pay the above you agree to pay us the same, Furthur any liabilities arising out of this such as confiscation of goods, legal proceedings or otherwise by respective authorities, etc., would be purely on account of the receiver and yourself.