“The Shipper / Client acknowledges and accepts these terms and conditions and relieves & indemnify Move Express & Logistics and its Owners / Executives, from all types of liabilities, responsibilities, claims, proceedings, suits, etc., against any damage, loss or expense suffered in connections with the services rendered hereunder and also agreeing that Move Express & Logistics will only be responsible for the carriage of documents / parcels (packed by the shipper) which is the only function and responsibility of Move Express & Logistics.
By signing this form, the client confirms that he has understood and agrees on all the rates, notes and terms and conditions stated on this and attached page of this agreements and any other annexure (s) attached. “
1. Move Express & Logistics Consignments Note:
The consignment note of Move Express & Logistics (CN) CWB
/ HAWB is non-negotiable and the shipper / sender acknowledges that it has been prepared by the shipper / sender or by Move Express & Logistics staff, on behalf of the shipper. The shipper / client confirms that all the information provided to Move Express & Logistics while booking the shipment are complete and correct including contents, shipper and consignee details, Good value declaration etc. in case of any incorrect information or declaration in the CN, the shipper / client acknowledges that Move Express & Logistics will be absolved from any liability or responsibility pertaining to loss, damage, or expense suffered by the shipper/ client.
2. No Variation
These terms and conditions are applicable on all courier and logistics services provided by Move Express & Logistics to the shipper / client hereunder. No employee, franchisee, agent of Move Express & Logistics or anyone else has any authority to change any of these terms and conditions or make any promise on behalf of Move Express & Logistics which is in addition to or conflict with these terms and conditions
3 Right of inspection of Shipment:
Move Express & Logistics 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 / client agrees that Move Express & Logistics may open and inspect a shipment for any reason at any time.
4. Lien of Goods Shipped
Move Express & Logistics 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 / client hereunder and may refuse to surrender possession of the goods until such charges are paid by the shipper / client.
5. Limitation of Liability:
The liability of Move Express & Logistics for any loss or damage to the shipment (which term shall include all documents or parcels consigned through Move Express & Logistics under the Move Express & Logistics consignment note) is limited to the lesser of:
Actual shipping charges or Rs. 100/- (Rupee One Hundred only in case of all shipments with origin and destination with in Pakistan) or Rs. 100/- per KG for Parcels either by Road, Rail or Air (Rupee one hundred in case of all shipment with origin and destination with in Pakistan). US$ 100 (United States dollar one hundred only in case of a shipment an INT’L origin and destination.
6. Consequential Damage Exclude:
Move Express & Logistics shall not be liable in any consequential or special damages or other indirect loss. However, arising, whether or not Move Express & Logistics had acknowledged that such damages might be incurred, including but limited to loss of income, profit, interest use of contents to loss of market
7. Liabilities Not Assumed:
“The shipper / sender acknowledge that the consignment / shipment shall be transported by road, rail and / or air and shall therefore be exposed to all risks associated with such mode of transportation. Subject to the aforesaid Move Express & Logistics will endeavor to exercise its best efforts to provide expeditious delivery in accordance with regular delivery schedule. Move Express & Logistics will endeavor to exercise its best efforts to provide expeditious delivery in accordance with regular delivery schedule: however Move Express & Logistics 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 Move Express & Logistics shall not be liable if a shipment is lost, damaged, mis-delivered or not delivered because of circumstances beyond its control, these include.
7.A: “Act of God” for example earthquake, cyclone, storm, flood, or force majeure “for example war, plane crash or embargo or caused by misshape with Move Express & Logistics. “
7.B: The act, default or omission of the shipper / sender, client or any other party who claims an interest in the shipment ( include violation of any terms and condition hereof ) or any person other than Move Express & Logistics or any Governments officials or of the Postal service forwarded or other entity or person to whom a shipment is tendered by Move Express & Logistics or transportation to any location not regularly served by Move Express & Logistics regardless of whether the shipper / sender/client reported or had knowledge of such third party delivery arrangements.
7.C: The nature of the shipment for any defect, characteristic, inherent vice thereof, even if known to Move Express & Logistics when the shipper/ client accepted it.
7. D: Electrical or magnetic energy erasure of other such damage to electronic or photographic images or recording in any from. “
Any claim must be brought by the shipper / sender / client and delivered in writing to the office of Move Express & Logistics nearest the location at which the shipment was accepted within 15 day of the date of such acceptances, no claim may be made against Move Express & Logistics outside if this time limit.
8.A: No claim for loss or damage will be entertained until all transportation charges have been paid. The amount of any claim may not be deducted from any transportation charges / invoices / outstanding amount owed to Move Express & Logistics
8.B:Move Express & Logistics does not maintain records relevant to a shipment of more than 45 days, it will thereof be unable to refer to, or produce any such record where it is notified for the same after expiry of the said period of 45 days from the date of shipment.
It is mandatory upon shipper to arrange for insurance of all shipment through Move Express & Logistics or any insurance company. Move Express & Logistics liability for loss, pilferage, damage, or delay of shipments is limited to Rs. 100/- (Rupees one hundred only) per domestics consignment or actual shipping charges (as invoiced), and Rs. 1500/- (Rupees Fifteen Hundred only) per international consignment. No claim will be entertained by Move Express & Logistics exceeding these amount. Shipments of undeclared value shall be accepted for carriage and delivery “On Shipper’s Risk Only.
10. Packaging :
IT s mandatory to packed all shipments / goods in transport worthy packaging as classified in UN packaging guideline, Move Express & Logistics will have limited liability on noncompliance of packaging instruction. Additionally, in case of dedicated use of packing material like Flyers, Bags & Seals by the customer, cost would be charged in addition to the rates
“Move Express & Logistics limits the liability for any loss damage or delay of your shipment or any part of it as follow
11. A: Move Express & Logistics shall act as agent for its customers and not as transport undertaking according to the Warsaw convention (1992), or the Warsaw convention as amended by the Hague protocol (1955) or the Montreal protocol # 4 (1975) or Montreal convention (1999) and subsequent legislation when consignee documents or goods with a particular carrier whether it be by air, road and rail or sea for onward carriage and without prejudice to its general rights or subrogation.”
11.B Move Express & Logistics shall act as an agent when consigning documents or goods with the particular carrier whether it is by air, road & rail for onward carriage and without prejudice to its general rights or subrogation hereunder. Move Express & Logistics may take suitable action for the recovery of compensation for any loss or damage to goods / documents if authorized in writing by the customer subject to the condition that all costs, charges and expenses will be paid the customer.
11.C MOVExpress has a liability to shipper for whatever reason including but not limited to breach of contract, negligence, willful act or default and none of the above conventions to in 11.d apply compulsory or such liability arranged by any of the above mentioned convention pursuant to 10.a, above nor any other law or convention which applies compulsory, or it relates to any services not being carried by road, rail, air or sea, the shipper agreed that the liability of Move Express & Logistics by the way of damages is limited to a sum not exceeding as mentioned in clause 5a.
12. The lawfulness of shipments/goods
It is hereby undertaken and confirmed by shipper / client that the shipment / goods being stored / transported hereunder through Move Express & Logistics have been acquired by the shipper / client, 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 who will be liable and responsible to provide all and any document as and when required by Move Express & Logistics for their onward submission to any Government Agency / Department / Authority etc only as a carrier and not the owner of the shipments / contents
12.A: It is further undertaken and confirmed that the shipper/client shall make himself and / or any documents whatsoever available at all time and in the event that Move Express & Logistics AND / OR any Government Agency, Department, Authority etc, has any query in-relation to all and any aspect of shipments or its contents / goods.
12.B: It is further undertaken and declared that Move Express & Logistics being only responsible for where housing / storage / transportation of shipments / goods of shipper, any liability, loss, claim , demand, action proceeding etc, at any occasion Move Express & Logistics shall be made good and be fully indemnified by the shipper / client in relation thereto.
12.C: All shipment / items are legal commodity and is allowed by Pakistan an international law and doesn’t contain any banned / prohibited or item falling under DGR category
13. List of Banned Items:
Material Not Acceptable for Transportation: Move Express & Logistics will not accept cash, prize bonds, negotiable bonds, antiques, open / bearer cheques, work of art, bullion, jewelry (until declared by the shipper that these are not made of Gold / Platinum / Silver / Diamond etc), negotiable instruments, stamps, precious metals / stones, liquor, Drugs / Narcotics, loose powder, dyes, oily stuff, gums, pastes, battery cells, fire arms, explosives, pornographic material, smuggled goods, items imported from India, IATA restricted articles, shipments / envelopes containing hate or threatening material against, President, Prime Minister, Governor, Minister, MNA & MPAs and High Officials of Govt., Judiciary & Armed Forces and or Any Religion or Sector against any individual or group / organization and carriage of items prohibited by any law, regulation or statue of any provincial or Federal Govt of Pakistan & Mail / Parcels on
P.O. Box Addresses. In compliance with Pakistan Post Office Act 1898, Move Express & Logistics would not accept letters or post cards as there is the exclusive privilege of the Federal Govt
14. Flash Massages
Shipper / Client has no objection, if Move Express & Logistics sends informational / promotional and operational messages on his / her given numbers / address.
15: Payment Mode & Duration
Settlement of invoice will be only through crossed cheques in favor of Move Express & Logistics with the invoice raised from the services. Move Express & Logistics will not be liable for any losses resulting it cash or any other mode of payment is used by
client. Customer is liable to pay (without any deduction or
adjustment) 100% of the billed amount within 07 business days, from the date of receipt of the invoice. Delay will result in penalty of @ prevailing interest rates (KIBOR).
16. Taxes & Fuel Adjustment Charges
GST and any other taxes imposed by local provincial and federal GOVT of Pakistan and Fuel Adjustment Charges will be applicable and are in addition to the rates
Rates will be increased on yearly @ 10% minimum, and with mutual understanding of Move Express & Logistics and the Customer.
16. Weight :
Dense or volumetric will be charged whichever is high.