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TERMS & CONDITIONS
The parties to this agreement are:
- 1.1 Cliqnship Corp. (Cliqnship) which expression shall where the context allows include its employees agents and subcontractors.
- 1.2 the person firm or company named as Customer (the Customer).
- 2.1 Subcontractor means any person whose services Cliqnship engages or makes use of to perform the whole or any part of the services the subject of this contract.
- 2.2 Consignment means the delivery of goods in bulk or contained in one parcel package container or envelope or as the case may be or any separate number of parcels packages containers or envelopes sent at any one time in one load by or for the Customer from one address to one address. Goods include papers and documents other than those expressly excluded.
3 Cliqnship Obligations
- 3.1 Cliqnshipshall use its best endeavours to deliver the goods specified to the delivery address so specified at about or before the time so specified.
- 3.2 Cliqnshipshall not be liable for any delay in delivery caused by the unavailability at the delivery address of the consignee or other authorised recipient.
- 3.3 Cliqnshipshall not be liable for loss of or damage to or mis-delivery or delayed delivery of the goods occasioned by force majeure such as but not limited to:
- 3.3:1 act of God including but not limited tonatural disasters, storm tempest or flood
- 3.3:2 act of war hostilities riot or civil commotion or the threat or fear of such conditions prevailing
- 3.3:3 criminal or negligent/reckless acts or omissions of third parties
- 3.3:4 industrial action or unforeseeable traffic conditions, to include any unforeseeable breakdown
- 3.3:5 public authorities acting with actual or apparent authority
- 3.3:6 suspension or cancellation of transport services by reason of or of the threat or fear of inclement weather or any of the matters
- 3.3:7 acts or omission of customs or quarantine officials
- 3.3:8 Seizure under legal process
- 3.3:9 Act or omission of whatever nature of the Customer his employees or agents or any person having any interest in the goods
- 3.3:10 insufficient or improper packing labeling or addressing
- 3.3.11 riots, strikes or anticipated strikes (of any entity), or other local disputes
- 3.3.12 national or local disruptions in air, water or ground transportation networks (as determined solely by Cliqnship)
- 3.3.13 conditions that present a danger to Cliqnship personnel, or
- 3.3.14 disruption of failure of communication and information systems (including but not limited to, Cliqnship systems)
In such circumstances, Cliqnshipwill make reasonable efforts to transport and deliver packages to their destination as quickly as practicable under circumstances, and Cliqnship is under no duty to advise the Customer of the potential or actual existence of any one or more of these circumstances.
Cliqnshipwill however notify the Customer as soon as practicable and able if there are any delays to the delivery.
4 Customers Obligations
Subject to the provisions of this agreement the Customer undertakes and warrants:
- 4.1 That in relation to the goods, the Customer is the absolute owner, beneficially entitled to the goods, or has the authority of all those interested in the goods to enter into this contract and to bind them to its terms.
- 4.2 In the event of any claim by any third party against the Cliqnshiparising out of this contract, to indemnify the Cliqnshipagainst the claim and all legal and other costs incurred.
- 4.3 To give any instructions requested by Cliqnshipin pursuance of clause 3 above as soon as reasonably practicable.
- 4.4 To make all payments under this contract.
- 4.5 To correctly, accurately and properly declare the goods subject of the Consignment.
5 Limitation of Liability
- 5.1 The liability of Cliqnshipin the event of loss of or damage to or mis-delivery of the goods (where Cliqnship’s liability is not otherwise excluded) shall not exceed, if Customer paid for insurance, the declared value of the goods specified or otherwise declared by the Customer (and pro rata in the case of an event affecting part only of the goods) or the cost of repairing any damage or of reconditioning the goods, subject always to a maximum liability of Php10,000.00per Consignment or part thereof in the case of an event affecting part only of the Consignment. Where the Customer requires a higher value of cover this shall be expressly negotiated and agreed in writing.
- 5.2 The liability of Cliqnshipfor delay in delivery (where Cliqnshipliability is not otherwise excluded) shall not exceed a sum equal to the carriage charges or a proportion of those charges in the case of an event affecting part only of the goods
- 5.3 Cliqnshipshall not in any event be liable for any consequential loss whatsoever and howsoever arising (including in relation to theft attractive goods) which shall include without limitation all economic losses, loss of profits, increased management or labour costs, loss of future business, loss of reputation and goodwill, loss of market or falls in prices of whatever nature and all other damages costs or expenses or other indirect losses including any liability to or claims by any third party.
- 5.4 Cliqnshipshall not be liable for any damages whether direct, incidental, special or consequential in excess of the declared value of a shipment, whether of not Cliqnship knew or should have known that such damages might be incurred, including but not limited to loss of income or profit.
- 5.5 Cliqnship shall not be liable for any damages incurred by shipping perishable or easily breakable items. This includes items such as electronic equipment, canned goods, cooking oil in plastic containers, shampoo, conditioners, chocolate syrup, food items, etc. Items will be accepted and ‘SHIPPED AT OWNER’S RISK.”
- 5.6 Cliqnship shall not be liable for any damages due to recipient refuse a shipment.
- 5.7 Cliqnshipshall not be liable for any damages due to leaks or spillage. The Customer is responsible for and will reimburse Cliqnship for all costs and fees of any type connected with the disposal of the shipment, and all costs and fees of any type connected with the clean up any spill or leakage.
- 5.8 Cliqnshipshall not be liable for any damages or loss to any package for which Customer has no record of tender to Cliqnship.
- 5.9 Cliqnshipshall not be liable for any damages, nor will refund or credit of any kind be given as a result of, any loss for which Customer has no record of tender to Cliqnship or any lost items not properly declared as a result of pilferage, damage or expense arising from or any way connected with marks, weight, numbers, brand, contents quality or description of any goods, delay, mis-deliver, non delivery, misinformation or failure to provide information caused by or resulting in whole or in part from inability to contact the shipper or consignee concerning incomplete or inaccurate address, incorrect, incomplete, inaccurate or missing documentation.
6 Excluded Goods
- 6.1 The Customer shall not submit for carriage and Cliqnshipmay at any time abandon the carriage of any goods of a type specified in clause 6.3 below.
- 6.2 If Cliqnshipabandons goods in pursuance of clause 6.1 above,it shall immediately notify the Customer of the circumstances but shall be under no liability in respect of the safe-keeping of the abandoned goods
- 6.3 The following are excluded goods:
- 6.3.1 Explosive and inflammable articles or firearms including parts of any firearms ammunition and detonators
- 6.3.2 Dangerous drugs and other prohibited or illegal substances as defined in the Dangerous Drugs Act of 2002 and including any other relevant legislation or regulations together with any amendments to them
- 6.3.3 Any article the possession of which in or the importation of which into any country from through or to which the carriage is to take place is illegal or prohibited
- 6.3.4 Biological hazards or present a comparable hazard
- 6.3.5 Any written, printed or pictorial matter which is obscene, blasphemous, scandalous or defamatory or proscribed or prohibited
- 6.3.6 Human remains
- 6.3.7 Livestock
- 6.3.8 Money, securities, bills of exchange, promissory notes, documents of title to property,
- 6.3.9 Jewelry, precious stones, gold, silver, platinum, other precious metals, non-ferrous metals other than in components with a market value of more than Php50,000.00
7 Warranties and Indemnities
The Customer shall indemnify Cliqnshipin respect of the whole of any fine or penalty or legal and other costs incurred by Cliqnshipand any other loss outlay and expense sustained by Cliqnship by reason of the Customer’s breach of clauses 3, 4 and 6 above.
- 7.1 The extent of Cliqnshipresponsibilities and liabilities are defined in these conditions and the Customer shall save harmless and keep Cliqnshipindemnified from and against all claims costs and demands of whatsoever nature and by whomsoever made and howsoever arising from negligence or otherwise in excess of the liability of Cliqnshipunder these conditions arising directly or indirectly from the collection, carriage, storage and/or delivery of the Customers Consignment.
- 7.2 In the absence of written notice to the contrary given to Cliqnshipat the time of delivery to them, all goods and the packaging within which they are contained are warranted by the Customer to be fit to be carried and/or stored.
- 7.3 The Customer agrees that he will not submit to Cliqnshipany Consignment containing dangerous, verminous, infested, contaminated or condemned goods unless he shall first have given to Cliqnshipin writing full details of the same and obtained the written agreement of Cliqnshipto the submission of such Consignment.
- 7.4 The Customer will be responsible for and will indemnify Cliqnshipagainst all losses, damage and claims of whatsoever nature made upon Cliqnshipfor which Cliqnshipmay be or become liable arising from the tender of a Consignment all or part of which consists of dangerous, verminous, infested, contaminated or condemned goods including loss and/or damage sustained by Cliqnshipto its own property and injuries or loss sustained by servants and/or sub-contractors of Cliqnship.
8 Third Parties
Cliqnshipshall be entitled to appoint sub-contractors and/or agents.
9.1 Transit begins when the goods are handed to or collected by Cliqnshipfor carriage.
9.2 Transit shall be suspended:
9.3 Transit shall (unless otherwise previously determined) end, in the case of goods to be delivered by Cliqnship,when they are tendered at the usual place of delivery within the customary delivery hours, or at such other times or places as may be agreed between Cliqnshipand the Customer;
9.4 Cliqnshipshall be entitled to raise a charge in respect of any wasted or needless journeys made or for any delay in attempting to effect delivery of the goods due to any default of the Customer and/or consignee in accordance with Cliqnship costing scales.
- 9.2.1 When the goods are held by Cliqnshipat some place other than the destination at the request of or for the convenience of the Customer or because the Customer or Consignee refuses or is unable to take delivery at the destination or;
- 9.2.2 When the goods are detained for customs purposes; and shall be resumed when Cliqnshipresumes the carriage of the goods.
10 Means of Transport
- 10.1 Goods accepted by Cliqnshipfor carriage may be carried by such means of transport and by such route as Cliqnshipthinks fit and these conditions shall apply to whatever means or routes by which the goods are carried.
- 10.2 Goods carried wholly or partly by water or air or rail shall in connection with liability in respect of such carriage be carried subject to the applicable Conditions of Carriage by water or air or rail of the carrier that carries the goods.
11 Loading and Unloading
- 11.1 On collection or delivery at a senders or consignees premises, Cliqnshipshall be under no obligation to provide any plant, power or labour for loading or unloading.
- 11.2 Subject to these Conditions, Cliqnship’s agents and/or employees have no authority to give assistance other than under supervision in the loading and unloading at the usual place of collection or delivery and Cliqnshipshall not be liable for any loss or damage howsoever caused including negligence attributable to such or to any other assistance given and the Customer shall indemnify Cliqnshipagainst any claims made against Cliqnshipas a result of any such other assistance given.
- 11.3 Consignments or part thereof requiring special appliances/tools/machinery for unloading from a road vehicle are accepted for carriage only on the condition that the Customer has duly ascertained from the consignee that such appliances/tools/machineries are available at the destination. Where Cliqnshipis, without prior arrangement in writing having been made by the Customer, called upon to load or unload Consignments or parts thereof for which special appliances are required, Cliqnshipshall be under no liability whatsoever to the Customer for any damage howsoever caused, whether or not by the negligence of Cliqnshipand the Customer shall be responsible for and indemnify Cliqnshipagainst any damage or liability which Cliqnshipmay suffer or incur either itself or in respect of loss, damage or injury suffered by Cliqnshipemployees or any third party.
12 Dangerous Goods
12.1 Cliqnship is not a common carrier and it may refuse to handle, transport or store goods for any reason whatsoever.
13 Payment, Inspection, Insurance
- 13.1 The Customer shall pay for the delivery service based on the terms of payment of Cliqnship. Such payment shall cover up to a maximum of three (3) delivery attempts only and after which Customer shall be obligated to pick-up the Consignment from Cliqnship without cost to Cliqnship. Should Customer fail to pick-up the Consignment within a period of six (6) months, Cliqnship shall have the right to dispose of the Consignment as it solely think fit.
- 13.2 In default of payment,Cliqnshipshall be entitled to charge interest at the rate of 6% per annum.
- 13.3 The maximum liability that Cliqnship automatically covers free is Php1,000.00. If the shipper’s declared value exceeds Cliqnship’s maximum liability that it automatically covers for free, the Customer may purchase additional insurance.
- 13.4 Customer agrees and authorizes Cliqnship to fully inspect the Consignment and to open all boxes, envelopes, pacakages and such other receptacles securing or holding the Consignment.
14 Time Limits for Claims
- 14.1 Cliqnshipshall not be liable for any damage to goods or delay unless it is advised in writing within 7 calendar days of delivery or the date specified for delivery in regard to goods not actually received. In any event any damaged goods must made available to Cliqnshipfor inspection.
- 14.2 Cliqnshipshall not be liable for any loss or mis-delivery unless it is advised in writing by the Customer (otherwise than upon delivery of Cliqnshipdocuments) within 7 calendar days of transit commencing and the claim is made in writing within 10 calendardays after transit began.
- 14.3 Cliqnshipshall in any event be discharged from all liability whatsoever in respect of the Consignment unless court proceedings are commenced within a period of 1 month from the termination of transit or, in the case of loss mis-delivery or non-delivery of the whole Consignment, from 1 month after transit began.
- 14.4 Customer hereby expressly waives the provisions on prescription of action as provided in the Civil Code and the provisions under this Clause 14 on time limits for claims shall govern.
Cliqnshipshall have a general lien against the owner of the Goods for any money due from the Customer or such other owner to Cliqnshipand if any such lien is not satisfied within a reasonable time,Cliqnshipmay in its absolute discretion sell all or part of the Goods as agent for the owner and apply the proceeds towards the money due and the expenses of retention insurance and sale of the Goods and shall on accounting to the Customer for any surplus be discharged from all liability whatever in respect of the Goods
16 Governing Law and Venue
The contract and these Terms and Conditions shall be construed and governed by the Laws of the Republic of the Philippines.Customer expressly agrees that any action or proceeding arising out of or in connection with this contract shall be brought only and exclusively in the proper courts of San Juan City to the exclusion of other courts.