The Shipper/Client acknowledges and accept these terms and conditions and relieves & indemnifyDaily Swipe Logistics SMC-Pvt Ltd (Herein & after referred as DSL ) from all types of liabilities, responsibilities, claims, proceedings, suits, etc. against any damage, loss or expense sufferedin connection with the services rendered hereunder and also agreeing that DSL will only beresponsible for the carriage of document/parcel which is the only function and responsibility of DSL. By signing this form, the client confirms that he has understood and agrees on all the rates, notes andterms and conditions stated on this and attached page of this agreement and any other annexure(s)attached.
The Consignment Note of DSL (CN)/CWB/HAWB is non-negotiable and the Shipper/Senderacknowledges that it has been prepared by the Shipper/Sender or by DSL staff on behalf of theShipper. The Shipper/Client confirms that all the information provided to DSL while booking theshipment are complete and correct including Shippers and Consignee details, goods value declarationetc. In case of any incorrect information or declaration in the CN, the Shipper/Client acknowledges thatDSL will be absolved from any liability or responsibility pertaining to loss, damage or expense sufferedby the Shipper/Client.
These terms and conditions are applicable on all courier and logistics services provided by DSL to theShipper/Client hereunder. No employee, franchisee, agent of DSL or anyone else has any authority tochange any of these terms and conditions, or make any promise on behalf of DSL which is in additionto or conflict with these Terms and Conditions.
DSL has the right, but not the obligation, to inspect any shipment including without limitation openingthe shipment if required by law and/or regulations. In this regard, the Shipper/Client agrees that DSLmay open and inspect a shipment for any reason at any time.
DSL shall have a lien on any goods shipped for all freight Charges, Octroi, duties, advances or any othercharges of any kind payable by the Shipper/Client hereunder and may refuse to surrender possession ofthe goods until such charges are paid by the Shipper/Client.
The liability of DSL for any loss or damage to the shipment (which term shall include all document orparcels consigned to DSL under the DSL consignment note) is limited to the lesser of;5(a) Rs. 100 (Rupee One Hundred Only in case of all shipments with origin and destination with inPakistan) or Rs. 100 per KG for Road & Rail Cargo (Rupee one hundred in case of all shipment with originand destination with in Pakistan) US$ 100 (United Sate Dollar one hundred only in case of a shipment anINT’L origin and destination.
DSL shall not be liable in any consequential or special damages or other indirect loss. However arising, whether or not DSL had acknowledged that such damages might be incurred, including but limited toloss of income, profit, interest, use of contents or loss of market.
The Shipper/Sender acknowledges that the consignment/shipment shall be transported by road and/orair and shall therefore be exposed to all risks associated with such mode of transportation. Subject tothe aforesaid, DSL will endeavor to exercise its best efforts to provide expeditious delivery inaccordance with regular delivery schedule. DSL endeavor to exercise its best efforts to provideexpeditious delivery in accordance with regular delivery schedule; however, DSL will not, under anycircumstances be liable for delay in pick up, transport or delivery of any shipment regardless of thecause of such delay. Further DSL shall not be liable if a shipment is lost, damaged, mis-delivered or notdelivered because of circumstances beyond its control. These include
7(a) “Act of God” for example earthquake, cyclone, storm and flood or “force majeure” for example war, plane crash or embargo or caused by mishap with DSL.
7(b) The act, default or omission of the Shipper/Client/Client, the or any other party who claims aninterest in the shipment (include violation of any terms and condition hereof) or any person other thanDSL or of any Government officials or of the Postal service forwarded or other entity or person towhom a shipment is tendered by DSL or transportation to any location not regularly served by DSLregardless of whether the Shipper/Client/Client reported or had knowledge of such third party deliveryarrangements.
7(c) The nature of the shipment for any defect, characteristic, inherent vice thereof, even if know toDSL when the Shipper/Client accepted it.
7(d) Electrical or magnetic energy erasure or other such damage to electronic or photographic images orrecording in any form.
Any claim must be brought by the Shipper/Client/Client and delivered in writing to the office of DSLnearest the location at which the shipment was accepted within 30 days of the date of such acceptance, no claim may be made against DSL outside if this time limit.
8(a) No claim for loss or damage will be entertained until all transportation charges have been paid. Theamount of any claim may not be deducted from any transportation charges owed to DSL.
8(b) DSL does not maintain records relevant to a shipment of more than 45 days. It will thereof beunable to refer to or produce any such record where it is notified for the same after expiry of the saidperiod of 45 days from the date of shipment.
It is mandatory upon shipper to arrange for insurance of all shipment through DSL or any insurancecompany. DSL liability for loss, pilferage, damage or delay of shipments is limited to Rs. 100/= (RupeesOne Hundred only) per domestic consignment and Rs. 1,500/= (Rupees Fifteen Hundred only) perinternational consignment. No claim will be entertained by DSL exceeding these amounts. Shipmentsof undeclared value shall be accepted for carriage and delivery “On shipper’s Risk Alone”.
DSL limits the liability for any loss, damage or delay of your shipment or any part of it as follows:
10(a) DSL shall act as agent for its customers and not as transport undertaking according to theWarsaw convention (1929), or the Warsaw convention as amended by the Hague protocol (1955), or theMontreal protocol # 4 (1975) or Montreal convention (1999) and subsequent legislation whenconsignee documents or goods with a particular carrier whether it be by air, road and rail or sea foronward carriage and without prejudice to its general rights or sea.
10(b) DSL shall act as an agent when consigning documents or goods with the particular carrierwhether it is by air, road & rail for onward carriage and without prejudice to its general rights orsubrogation hereunder. DSL may take suitable action for the recovery of compensation for any loss ordamage to goods/documents if authorized in writing by the customer subject to the condition that allcosts, charges and expenses will be paid the customers.
10(c) if DSL has a liability to shipper for whatever reason including but not limited to breach ofcontract, negligence, willful act or default and none of the above conventions to in 10.a. applycompulsory or such liability is not governed by any of the above mentioned convention pursuant to10.a. above nor any other law or convention which applies compulsory, or it relates to any services notbeing carried by road or air the shipper agreed that the liability of DSL by the way of damages is limitedto a some not exceeding as mentioned in clause 5.a.
It is hereby undertaken and confirmed by shipper/client that the shipment/goods beingstored/transported hereunder through DSL have been acquired by the Shipper/Client lawfully and nolaw whatsoever has been breached in acquisition thereof. It is further undertaken and confirmed that allthe relevant and necessary documents pertaining to the shipments/goods are in possession ofShipper/Client who will be liable and responsible to provide all and any document as and when requiredby DSL for their onward submission to any Government Agency/Department/Authority etc.
11(a) It is further undertaken and confirmed that the Shipper/Client shall make himself and/or anydocuments whatsoever available at all material time and in the event that DSL and/or any GovernmentAgency/Department/Authority etc. has any query in relation to all and any aspect of shipments/goods.
11(b) It is further undertaken and declared that DSL being only responsible forwarehousing/transportation of shipments/goods of Shipper, any liability, loss, claim, demand, action, proceeding etc. as may occasion to DSL shall be made good and be fully indemnified by theShipper/Client in relation thereto.
11(c) All shipments/items are legal commodity and is allowed by Pakistan an International law anddoesn’t contain any banned/dangerous items.
Shipper/customer has no objection if DSL sends its promotional and operational messages on his/hergiven contact numbers/address.
Settlement of invoice will be only through crossed cheques in favor of Daily Swipe Logistics SMC-Pvt LtdLimited / Daily Swipe Logistics SMC-Pvt Ltd( in accordance with the invoice raised from the services). DSL will not be liable for any losses resulting if cash or any other mode of payment is used by client.
DSL will not accept cash, prize bonds/defense saving certificates, Negotiable bonds, Antiques, Open/Bearer Cheques, work of art, Bullion, Jewelry, Negotiable Instruments, Stamps, PreciousMetals/Stones, Liquor, Drug lose powder, Narcotics, Heroin, Dyes, Oily Stuff, Gums, Pastes, MagneticMetals/Materials, Liquid, Perishables, Grease, Glues, Battery Cells, Fire arms & explosives, Pornographic/Smuggled goods and imported medicines from India., IATA restricted articlesshipments/envelopes containing hate or threatening material against President, Prime Minister, Governor, Ministers, MN’s, MPA’s and High Officials of Govt, Judiciary, Armed Forces any Religion orsector against any individual any group organization and item the carriage of which is prohibited by anylaw, regulation or statute of any provincial or federal Government of Pakistan & Mail/Parcels on P.O. Box Addresses. In compliance with Pakistan Post Office Act-1898, DSL would not accept letters or postcards as their carriage is the exclusive privilege of the federal government.
GST and any other taxes imposed by local, provincial and federal Govt of Pakistan will be applicable.
Rates will be increased on yearly basis with mutual understanding at certain percentage.
Dense or volumetric will be charged whichever is high.