TERMS AND CONDITIONS:
In tendering the pickup and delivery for an order, the customer agrees to these terms and conditions of carriage and that this service is NON-NEGOTIABLE and has been prepared by the customer or on the customer’s behalf by Tukaatu Express. As used in these conditions, Tukaatu Express’s all operating divisions and subsidiaries of Tukaatu Express and their respective agents, employees and officers. In this letter, ‘’company’’ shall represent ‘’Tukaatu Express’’ and ‘’Customer’’ shall represent ‘’Vendors, Store Owners or someone who uses Tukaatu Express as their delivery partner’’.
1. SCOPE OF CONDITIONS
These conditions shall govern and apply to all services provided by Tukaatu Express. BY AGREEING THIS, CUSTOMERS ACKNOWLEDGES THAT HE/SHE HAS READ THESE CONDITIONS AND AGREES TO BE BOUND BY EACH OF THEM. Tukaatu Express shall not be bound by any agreement which varies from these conditions, unless such agreement is in writing and signed by an authorized officer of Tukaatu Express. In the absence of such written agreement, these conditions shall constitute the entire agreement between Tukaatu Express and each of its customers. No employee of Tukaatu Express shall have the authority to alter or waive these terms and conditions except as stated herein.
2. Tukaatu Express’s OBLIGATIONS
Tukaatu Express agrees, subject to receiving payment of applicable rates and charges in effect on the date of acceptance by Tukaatu Express of a customer’s delivery to arrange for the transportation of the delivery between the locations agreed upon by Tukaatu Express and the customer. Tukaatu Express reserves the right to transport the customer’s delivery by any route and procedure and by successive carriers and according to its own handling, storage and transportation methods.
3. SERVICE RESTRICTIONS
a). Tukaatu Express reserves the right to refuse any documents or parcels from any person, firm or company at its own discretion.
b). Tukaatu Express reserves the right to abandon carriage of any delivery at any time after acceptance when such order could possibly cause damage or delay to other delivery, equipment or personnel, or when any such carriage is prohibited by law or is in violation of any of the rules contained herein.
c). Tukaatu Express reserves the right to open and inspect any delivery cosigned by a customer to ensure that it is capable of carriage to the destination within the standard procedures and handling methods of Tukaatu Express. In exercising this right, Tukaatu Express does not warrant that any particular item to be carried is capable of carriage without infringing the law of any state through which the item may be carried.
4. LIMITATION OF LIABILITY
a). Tukaatu Express will be responsible for the customer’s order only while it is within Tukaatu Express and Tukaatu Express shall not be liable for loss or damage of a delivery while the delivery is out of Tukaatu Express custody or control.
b).The actual value of an order shall be ascertained by reference to its replacement, reconstitution or reconstruction value at the time and place of order, whichever is less, without reference to its commercial utility to the customer or to other items of consequential loss.
5. CONSEQUENTIAL DAMAGES EXCLUDED
Tukaatu Express shall not be liable in any event for any consequential or special or incidental damage or other indirect loss however arising whether or not Tukaatu Express had knowledge that such damage might be incurred including, but not limited to loss of income, profits, interest, utility or loss of market.
6. LIABILITIES NOT ASSUMED
a) Tukaatu Express shall not be liable for any loss, damage, delay, mis-delivery or non-delivery not caused by its own negligence, or for any loss, damage, delay, mis-delivery or non-delivery caused by : the act, default or omission of the sender or consignee or any other party who claims to interest in the order. The nature of the delivery or any defect, characteristic, or inherent vice thereof. Violation by the sender or consignee of any term or condition stated herein including, but not limited to, improper or insufficient packing, securing, marking or address mis-describing the contents of any order or failure to observe any of these rules relating to the order not acceptable for transportation whether such rules are now or hereafter promulgated by Tukaatu Express acts of god, perils of the air, public enemies, public authorities acting with actual or apparent authority or law, acts or omission of postal, customs or other government officials, riots, strikes or other local disputes, hazard incidents to a state of war, weather conditions, temperature or atmospheric changes or conditions, mechanical or other delay of any aircraft used in providing transportation services or any other cause reasonably beyond the control of Tukaatu Express. Acts of omissions of any postal service, forwarder or any other entity to whom an order is tendered by Tukaatu Express for transportation, regardless of whether the sender requested or had knowledge of such third party delivery requirement. Electrical or magnetic injury, erasure, or other such damage to electronic or photographic images or recordings in any form, or damage due to insects or vermin.
b) While Tukaatu Express will endeavor to exercise its best efforts to provide expeditious pickup and delivery in accordance with regular delivery schedules, Tukaatu Express will not under any circumstances be liable for delay in pickup, transportation or delivery of any order regardless of the causes of such delay, except for the same day delivery options where in if Tukaatu Express fails to deliver the package within stated time, the delivery fee shall be refunded.
7. MATERIALS NOT ACCEPTABLE FOR TRANSPORT
a). Tukaatu Express will notify customer from time to time as to certain classes of materials which are not accepted by Tukaatu Express for carriage. It is the customer’s responsibility to accurately describe the order on this bill and to ensure that no material is delivered to Tukaatu Express which has been declared to be unacceptable by Tukaatu Express.
b). Tukaatu Express will not carry property, the carriage of which is prohibited by any law, regulation or state or local government of any country from to or through which the property may be carried; such as firearms, works of art, negotiable instruments in bearer form, jewelry, precious metal, precious stones, obscene or pornographic material, currency stamps, deeds, hazardous or combustible material, cashier’s cheque, money orders, traveler’s cheque, industrial carbons, diamonds, antiques, plants, animals, Irreplaceable and fragile items.
c). In the event that any customer should consign to Tukaatu Express any such item as described above, or any item which the customer has undervalued for customs purposes or misdescribed whether intentionally or otherwise, the customer shall indemnify and hold Tukaatu Express harmless from all claims, damages, fines, and expenses arising in connection therewith, and Tukaatu Express shall have the right to abandon such property and/or release possession of said property to any agent or employee of any national or local government claiming jurisdiction over such materials Immediately upon couriers obtaining knowledge that such materials infringing these conditions have been turned over to Tukaatu Express for transport. Tukaatu Express shall be free to exercise any of its rights reserved to it under this section without incurring liability whatsoever to the customer.
The packaging of the customer’s documents or goods for transportation is the customer’s sole responsibility, including the placing of the goods or documents in any container which may be supplied by the customer to Tukaatu Express. Tukaatu Express accepts no responsibility for loss or damage to documents or goods caused by inadequate or inappropriate packaging. It is the sole responsibility of the customer to address adequately each consignment of documents or goods to enable effective delivery to be made. Tukaatu Express shall not be liable for delay in forwarding or delivery resulting from the customer’s failure to comply with its obligations in this respect.
The customer is liable for all losses, damages and expenses arising as a result of its failure to comply with its obligations under this agreement as a result of its negligence.
Any rates quoted by Tukaatu Express for carriage are inclusive of local taxes but exclusive of any added taxes, duties, levees, imposts, deposits or outlays incurred in respect of carriage of the customer’s goods. Should the customer indicate by endorsement in the space provided on the delivery bill that the receiver shall be liable for any customs duty, the customer shall be liable for such customs duty in the event of a default in payment by the receiver. Tukaatu Express will not be liable for any penalties imposed or loss or damage incurred due to the customer;s documents or goods being impounded by customers or similar authorities and the customer hereby indemnifies Tukaatu Express against such penalty or loss.
Tukaatu Express will only carry documents or goods which are property of customers and the customer warrants that it is authorized to accept and is accepting these conditions not only on behalf of itself but as agent and on behalf of all other persons who are or may be hereafter be interested in the documents or goods. The customer hereby indemnifies Tukaatu Express against such penalty or loss.
ANY CLAIMS AGAINST TUKAATU EXPRESS MUCT BE SUBMITTED IN WRITING TO THE OFFICE OF TUKAATU EXPRESS WHERE THE DELIVERY WAS ACCEPTED. WITHIN TEN DAYS OF THE DATE OF ACCEPTANCE BY TUKAATU EXPRESS. Notwithstanding the sender's instruction to the contrary, the sender shall be liable for all costs and expenses related to the order of the package, and for costs incurred in returning the order.