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Terms and Conditions (“T&C”)

When customers (shipper /Consignee) use SPEEDAF LOGISTICS PAKISTAN (PRIVATE) LIMITED service as a customer holds legal rights to the Shipment agree to be bound by the Terms and Conditions.

The Shipper /Client acknowledges and accepts terms and conditions mentioned here in after and relieves & indemnity Speedaf Pakistan (Pvt.) Ltd (as “SPEEDAF”)from all types of liabilities, responsibilities, claims, civil or criminal proceedings by any Government Agency, Suits, Petitions etc. against any damage, loss or expense suffered in connection with the services rendered here under and also agree that SPEEDAF will only be responsible for the carriage of document/parcel which is the only function and responsibility of SPEEDAF.

SPEEDAF Waybill is non negotiable and the shipper/sender acknowledges that it has been prepared by the shipper/sender (s) or by SPEEDAF staff on behalf of the shipper. The shipper/client (s) confirms, affirms that all the information provided to Speedaf Logistics while booking of the shipment are accurate, complete and true including shipper and consignee details, value declaration of goods etc. In case of any incorrect information or declaration in the Waybill the shipper/client (s) confirms and agrees that SPEEDAF will be released from all types of liabilities, responsibilities pertaining to loss, damage or expense suffered by the shipper/ client(s) and shall be indemnified by shipper in all legal forums.

Applicability:

These terms and conditions are applicable on all courier and logistics services provided by SPEEDAF to shipper/client(s) here under. No employee, agent of SPEEDAF or anyone else possess the authority to change any of these terms and conditions or make any promise on behalf of SPEEDAF which is in addition to or conflict with these terms and conditions.

1.Definitions

"SPEEDAF" refers to SPEEDAF LOGISTICS PAKISTAN (PRIVATE) LTD and its subsidiaries, branches, agents, and independent contractors.

"Package" means any single parcel, box or envelope that is accepted by SPEEDAF for delivery on a Waybill.

"Shipment" means one or more pieces, either parcels or freight which are tendered to and accepted by SPEEDAF on a waybill.

“Waybill” means any manifest, label, barcode electronic version document or similar item used in the SPEEDAF system.

2. Privacy Protection

The Shipper /Client acknowledges and accepts that SPEEDAF can process your waybill information in accordance with the applicable laws, regulations, and the Privacy Policy.

3. Limit of SPEEDAF's Liability

The Shipper /Client believes that the compensation limits provided herein are insufficient to cover possible losses, you must select SPP service or make your own insurance arrangements.

• Maximum Liability on Non-Document Shipments in case of any loss or damage, PKR 5,000 (Pak Rupees Five Thousand Only) per Shipment or amount of Claim, whichever is less.

• Optional Reconstruction of shipment -Free of Cost (FOC) replacement of shipment of the same weight (in case of loss or damage of prior shipments) (no carriage charges would be charged to shipper for movement of his/her goods/package/parcel)

SPEEDAF will make every reasonable effort to deliver the Shipment according to SPEEDAF’s regular delivery schedule, but delivery times are not guaranteed and do not form part of the T&C. SPEEDAF is not liable for any damage or loss caused by delay.

4. Claim Conditions

Receipt of the Shipment by the receiver without written notice of damage on the delivery record is prima facie evidence that the Shipment was delivered in good condition.

Claims for Shipment damage or shortage (visible) or loss shall be submitted to SPEEDAF in writing, with relevant supporting evidence attached, within 15 calendar days after the date of pick-up from SPEEDAF.

Only one claim may be made for each Shipment and the settlement thereof shall be full and final in respect of that Shipment.

After a claim request is accepted, SPEEDAF has the right to inspect the original Shipment and packaging materials.

No Liability on Shipments Containing Documents:

  • Shipping Documents (LC)/Any other financial documents
  • Photographs
  • Scratch Cards
  • Cheques/Financial Documents etc.
  • Passport/Visa Documents/Air Tickets
  • Tender Documents (original Driving License/ Original CNIC)
  • Educational Documents
  • Certificates (Marriage certificates, birth certificates etc.)

(However, SPEEDAF will support in reconstruction of shipment, where applicable or required)

No claim will be provided for perishable commodities (fruits/eatables etc.)

SPEEDAF is not obligated to act on any claim until all Shipment charges have been paid.

The Shipment charges shall not be offset against the claim amount.

The claim is only between the shipper and SPEEDAF.

Maximum compensation is as defined in claim process

5. Declared Value Limit

The Shipper /Client acknowledges that the declared value for customs and carrier shown on the waybills equals the actual cash value of the Shipment. If requested, shipper/ customer shall provide true and valid commercial invoices or receipts to prove the declared value of the Shipment.

For any Shipment with a declared value in excess of the declared value limits set forth in the policy published on SPEEDAF’s official website, SPEEDAF is entitled to additional charges in accordance with SPEEDAF's charging standards.

For the avoidance of doubt, the acceptance for carriage of any Shipment with the declared value specified on the waybill and/or the receipt of additional charges do not constitute a waiver of SPEEDAF’s limit of liability or the SPP limit herein. Regardless of the declared value of a Shipment, SPEEDAF’s entire liability shall be subject to Section 3, 4 and 5.

SPEEDAF has the right to decide in its sole discretion whether to accept, check, inspect or reject a Shipment for any reason whatsoever. Regardless of whether SPEEDAF accepts, checks, inspects or rejects a consigned Shipment, shipper/ sender/ client(s) shall not be excused from their duty to make a truthful declaration.

6. Unacceptable Shipments

The Shipper /Client acknowledge that all of the following types of Shipments are deemed unacceptable and shall not be shipped, and Shipper/ sender/ client (s) shall indemnify and hold SPEEDAF harmless from any loss or damage in connection with or resulting from your failure to comply with this requirement, whether or not SPEEDAF accepts, checks, inspects or rejects the consigned Shipment:

The Shipment is classified as hazardous materials, dangerous goods, or prohibited or restricted articles by International Air Transport Association (IATA), International Civil Aviation Organization (ICAO), Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR) or other relevant organizations;

The Shipment goes against or does not comply with applicable customs, data protection, sanctions, embargoes, or other applicable laws and regulations of the import/export countries or regions.

The Shipment is classified as protected wild animals, endangered wild animals or its products, counterfeit or fake commodities, infringing products, or items that are prohibited from carriage by laws or regulations;

The Shipment contains such item which SPEEDAF believes cannot be carried safely or legally, including but not limited to: animals, currency, negotiable instruments in bearer form, precious metals and stones, firearms, parts thereof or ammunition, human remains, pornography material, or illegal narcotics/drugs.

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7. Warranties and Indemnity

Shipper/ sender/ client (s) shall indemnify and hold SPEEDAF harmless from any loss or damage in connection with or resulting from failure to comply with the following warranties and representations, whether or not SPEEDAF accepts, checks, inspects or rejects the consigned Shipment:

All information regarding and marks on the Shipment provided by Shipper/ sender/ client (s) are true, complete, legible and accurate;

If Shipper/ sender/ client (s) authorize another person to complete the information on his/ her/their behalf, the completed information shall be confirmed by Shipper/ sender/ client (s) in person and shall bear all risks arising from the acts of the authorized person;

The Shipment is prepared and packed safely, properly and reasonably with caution during the preparation, storage and transportation to the extent that the Shipment can be transported safely;

If Shipper/ sender/ client (s) authorize another person to pack the Shipment on his/ her/their behalf, shall ensure that the Shipment is packed with prudent and reasonable care and complies with the standards of safe transportation, that SPEEDAF is protected against unauthorized interference during Shipment preparation, storage and transportation, and the Shipper/ sender/ client (s) shall bear all risks arising from the acts of the authorized person;

Shipper/ sender/ client (s) shall not jeopardize the national security, public security, or legal rights of citizens, legal persons or other organizations through delivery channels.

8. Right of Inspection of shipment

Upon request, shipper/ sender/ client(s) shall cooperate with staff of SPEEDAF in ID inspection and registration. If shipper/ sender/ client (s) are entrusted by others to send shipments, that shipper/ sender/ client(s) are also required to provide a valid ID of the consignor.

Shipper/ sender/ client (s) agrees that the national public authorities or/and SPEEDAF shall have the right to perform an open-box inspection of Shipment without prior notice for any reason at any type.

9. Routing

Shipper/ sender/ client (s) acknowledge and agree to all routing and diversion arrangements made by SPEEDAF for any Shipment, including the possibility that the Shipment may be transported via distribution hubs.

10. Rules of Delivery

Shipments shall be delivered in accordance with local delivery service practices:

The Shipment will be delivered to the receiver's address as provided by shipper, but not necessarily to the named receiver in person (unless instructed by shipper/ client(s))

Shipment cannot be delivered to a PO box or by postal code, but a shipment receiving point is set as the receiver's address, the Shipment will be delivered to an appropriate /registered address

Value-added services shall be purchased separately, including without limitation the Direct Signature (by receiver) Service.

Upon the occurrence of any of the following situations, SPEEDAF will make reasonable efforts to return the Shipment to Shipper/ sender/ client (s) at their own cost:

(1)The receiver rejects the Shipment or refuses to pay Shipment charges;

(2)The Shipment is deemed unacceptable or cannot be delivered successfully upon a third attempt;

(3)The receiver cannot be reasonably identified or located;

(4) Provision of relevant documents is required for return but the required documents have not been duly received upon expiration of the notice period.

If the Shipment and/or Package cannot be delivered or returned in accordance with the provisions hereof, SPEEDAF may abandon, detain, or sell the Shipment or Package.

11. Charges

SPEEDAF’s Shipment charges are calculated according to the actual weight or the volumetric weight, whichever is greater, and SPEEDAF may re-weigh and re-measure any Shipment/Package to confirm this calculation.

Shipper/ sender/ client (s) shall always be liable for all costs and fees: if specify or select payment by the receiver or a third party, if the receiver or the third party fails to pay all Shipment charges or other costs or taxes (duties), to Shipper/ sender/ client (s) shall be jointly liable.

SPEEDAF has the right to revise rates anytime without any prior intimation.

12. Right of Lien

Shipper/ sender/ client (s) or designated payer fails to pay expenses fully, including but not limited to Shipment charges and import/export customs duties and VAT, SPEEDAF is entitled to retain your Shipment and/or Package.

In case of any violation of the provisions in Section 10, SPEEDAF has the right to detain the Shipment and/or Package.

After SPEEDAF issues a notice of lien, the retention term shall be 45 days from the date the Shipment and/or Package was picked up, unless the Shipment cannot be retained due to its nature. If you or your designated payer fails to pay expenses fully upon expiry of the retention term, SPEEDAF may sell or auction the retained goods and take priority in compensation, with any amounts derived from such sale or auction first being used to pay any expenses incurred by SPEEDAF in connection with the Shipment and/or Package. The remaining balance may be remitted to your designated account according to your requirements.

13. Circumstances beyond SPEEDAF’s Control

SPEEDAF shall not be liable for any loss or damage caused by any events beyond SPEEDAF’s control, including but not limited to "Act of God" such as earthquake, cyclone, storm, flood, fog, war, plane crash, embargo or contagion; any defect or characteristic related to the nature of Shipment (whether or not known to SPEEDAF); riot or civil commotion; any act or omission by any person not employed or contracted by SPEEDAF (e.g., you, receiver, third party, or customs or other government official); industrial action; or electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings.

14. Severability

The invalidity or unenforceability of any provision shall not affect any other part of the T&C.

15. Taxes

Applicable government taxes, GST imposed by local, Provincial and Federal Government of Pakistan will be applicable

16.Flash/Transmission Messages

Shipper/ sender/ client (s) have no objection if SPEEDAF send its promotional and operational messages on his /her given contact numbers/addresses

17.Insurance

It is mandatory upon shipper to arrange for insurance of shipment through SPEEDAF or any Insurance Company for entertaining claims. No claim will be entertained by SPEEDAF exceeding the amount mentioned in Claim Policy unless insured and value and contents declared on Waybill. Shipments of undefined value and without insurance shall be accepted for carriage and delivery “On Shipper’s Risk”

18.Record keeping

SPEEDAF does not maintain records relevant to shipments for more than 45 days. Therefore, it will not be possible to refer to or produce any such record after expiry of the said period of 45 days.

19.Acknowledgement of Shipper and Consignee

Shipper/ sender/ client (s) acknowledges that the consignment/shipment shall be transported by road and /or air and shall therefore be exposed to all risks associated with such mode of transportation. Subject to the aforesaid. SPEEDAF will endeavor to exercise its best efforts to provide expeditious delivery in accordance with regular delivery schedule. However, SPEEDAF will not under any circumstances be liable if shipment is lost, damaged mis-delivered or not delivered because of circumstances beyond its control.

These include:

Act of God: In the event a Shipment is damaged, lost due to Act of God such as: Floods, Storms, Earthquakes, or any other Unexpected Natural Occurrences.

• Forced Majeure / Unforeseen Incidents: In the event a Shipment is damaged, lost due to forced majeures as: War, Strike, Riots, Embargos, and Crimes etc.

• In case of insured Shipments, the case / Claim will be decided after assessment.

Non-availability of requisite documents by Shipper (For example: Original copy of Consignment Note and Invoice)

20.Acknowledgement Timelines:

Complaint

Reporting Time/Acknowledgement TAT

Dispute POD

5 working days (from the day when POD updated)

Complaint Acknowledgement for loss shipment

14 working days from the date of booking or pickup

Complaint Acknowledgement for damaged shipment

3 working days after receiving of damaged shipment

Rest all complaints/queries would be registered on immediate basis

21. This T&C and the published rates and charges are subject to change without notice except to the extent otherwise provided by applicable laws or regulations. For the avoidance of doubt, any such change shall become effective upon publication on the official website of SPEEDAF.

22. Unless it conflicts with the applicable law, any dispute related to these terms and conditions will be subject to the non exclusive jurisdiction of the court of the country where the shipment is sent, and the law of the country where the shipment is sent shall apply.

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