TERMS AND CONDITIONS
Name of Carrier : Delivery Plus Limited
In the Conditions:
1.1 Carrier means the person (corporate or otherwise) who contracts with the Customer to carry the goods.
1.2 Consignee / Receiver means the person (corporate or otherwise who may or may not be the Customer) to whom Delivery Plus contracts to deliver the consignment.
1.3 Consignor / Shipper / Sender means the person (corporate or otherwise who may or may not be the Customer) who supplies the consignment to Delivery Plus Ltd for carriage.
1.4 Customer means the person (corporate or otherwise) who contracts Delivery Plus Ltd for the carriage of goods.
1.5 Contract means the Agreement between the Customer and Delivery Plus for the carrying out of the transport service including all documents expressly incorporated therein.
1.6 Consignment / Shipment means goods whether single or multiple units or in bulk dispatched at any one time from one Consignor in a single load from one address in Mauritius to one Consignee at any one other address in Mauritius.
1.7 Dangerous Goods means goods of any nature as may be included in the Approved Carriage; such goods are not accepted by Delivery Plus Ltd.
1.8 Delay means failure by the Carrier to deliver the goods within the agreed time limit.
1.9 Owners Risk means that the goods are held upon terms that the Carrier shall not be liable for any loss of whatsoever nature and howsoever caused including negligence in relation to the goods or as a consequence of the goods being in the Carrier’s possession. The Customer will indemnify the Carrier against all claims that may be made against the Carrier arising from the carriage, retention or storage of such goods.
1.10 Alternative Dispute Resolution means any procedure agreed by the parties for the resolution of disputes other than those involving formal arbitration or litigation
2 Principal parties and sub-contractors
2.1 The Customer contracts as the legal owner of the goods or as the authorized agent of such legal owner in which case the Customer warrants that he has the authority to accept these Conditions on behalf of the legal owner.
2.2 Unless written instructions to the contrary are received from the Customer, Delivery Plus may sub-contract part or the whole of the consignment.
2.3 Where carriage of any consignment or part of a consignment is sub-contracted then the liability of the carrier and of any sub-contractor shall be limited and/or excluded in accordance with the conditions of carriage of that sub-contractor or as provided for by statute or international convention.
3 Loading and unloading
3.1 Delivery Plus shall not be required to provide additional services other than the service for the carriage of the Consignment from the designated place of collection to the designated place of delivery unless any such service has been requested by the Customer and agreed by Delivery Plus in writing, prior to collection or delivery being made.
3.2 Delivery Plus shall not be liable for any loss or damage caused as a result of negligent acts committed by the Consignor or Consignee or their servants or agents in assisting with loading
and/or unloading and the Customer shall indemnify Delivery Plus against any claim made against Delivery Plus in respect of such loss or damage including claims for death or personal injury.
3.5 Delivery Plus Ltd will endeavor to make the Consignment (oversize) reasonably accessible on the vehicle at the place designated for delivery.
3.6 The Customer shall make available to the Carrier upon request details of any risk assessments which may have been carried out at the collection and/or delivery addresses. The responsibility for carrying out such risk assessments shall be that of the Customer and not of the Carrier.
For each shipment, a receiptwill be issued ,this document will also act as (i) the Delivery Order and (ii) the contract between the Customer and Delivery Plus.Limited.The following information on each receipt is compulsory :a; Name of Sender and Receiver ; b Address of Sender and Receiver ;c Service type , Weight and quantity of shipmentd ;Delivery Order Numbere ;Signature of Sender f ;Price of Shipment .
5 Delivery Order
5.1 Delivery Plus will issue a Delivery Order for each consignment .Such document will contain details of weight , quantity but shall not be evidence as to accuracy of the condition, quantity nor nature of the goods said to comprise the Consignment at the time the receipt document is signed by the Carrier and/or his agents and/ or his servants.
5.2 Delivery Plus shall, if requested, sign a document acknowledging receipt for the carriage of the quantity and description of the Consignment loaded on to the Carrier’s vehicle, to the extent this can be determined, by visual inspection. Such receipt shall not be evidence as to accuracy of the condition, weight, quantity nor nature of the goods said to comprise the Consignment at the time the receipt document is signed by the Carrier and/or his agents and/or his servants. The burden of proof in the event of dispute is the responsibility of the Customer.
5.3 Delivery Plus shall use its best endeavors to obtain a signed receipt of delivery of the Consignment from the Consignee unless otherwise agreed with the Customer. Such receipts will be returned to the Customer as proof of delivery, unless otherwise agreed in writing by the Customer and/or his agent and/or his servants.
6.1 Goods are accepted by the Carrier for carriage at ‘owner’s risk’ where the Carrier is able to show that the Customer has explicitly agreed to the carriage of the goods at ‘owner’s risk’. In that event, the Carrier shall not be liable for loss damage or delay to the goods no matter howsoever or by whomsoever caused and the Customer agrees to indemnify the Carrier against any claims made by any Third Party in respect of the goods carried.
6.2 Subject to the provisions of Condition 6.1 above the Carrier’s responsibility for the Consignment shall commence when the Carrier takes physical control of the Consignment at the point of collection or by receiving the same at the Carrier’s premises.
6.3 The Carrier’s responsibility for the Consignment shall end when the Carrier, it’s agents or sub-contractors relinquish physical control of the Consignment at the proper place of delivery or the Consignment is presented at the proper place of delivery within normal business hours allowing sufficient time for unloading.
6.5 At any time during the term of the Contract the Customer may request or the Contractor may recommend variations to the service and/or variations to any other matters covered by the Contract. The Carrier shall investigate the likely impact of any such requested or recommended variations upon the service, the charge for the service and other aspects of the Contract and shall report promptly to the Customer. Neither party shall be obliged to agree to any requested or recommended variation but neither party shall withhold its Agreement unreasonably. Until such time as any variation to the Contract resulting therefrom have been mutually agreed in writing, the parties shall continue to perform their respective obligations without taking account of the requested or recommended variation.
6.6 Delayed Consingments
Delivery Plus will make every reasonable effort to deliver the Consigment according to the customers requested delivery schedules, but these schedules are not binding and do not form part of the contract. Delivery Plus is not liable for any damages or loss caused by delays.
7.1 The charges shall be payable by the Customer provided always that, when the goods are consigned ‘carriage forward’, the Consignor / Sender shall have primary responsibility for the payment of the carriage charges but the Customer shall pay such charges in the event of default by the Consignee and Delivery Plus Ltd shall not be required to take any steps to obtain payment from the Consignee other than a written request for payment.
7.2 Notwithstanding any claim which the Customer may have against Delivery Plus Ltd, the Carrier’s charges for carriage and any other services incidental to the carriage chargeable under the Contract shall be payable by the Customer within 30 days of the date of the invoice unless otherwise agreed in writing. Should the charges not be paid within such a period, then Delivery Plus shall be entitled to interest at the rate of 8 per cent above the base rate of the Mauritius Commercial Bank prevailing at the date of invoice, calculated on a daily basis.
8 Disposal of the goods
8.1 In the event that Delivery Plus is unable for any reason beyond its reasonable control to deliver the Consignment in accordance with the Contract, the Carrier shall seek further instructions from the Customer. The Carrier’s reasonable additional charges for retaining the goods pending the arrival of such further instructions and for carrying out those instructions shall be chargeable to the Customer.
9 Liability for loss, damage or delay
9.1 Subject to these Conditions the Carrier shall be liable for:
a;any loss of or damage to the goods in a Consignment occurring whilst the Carrier has responsibility for the Consignment in accordance with Condition 6 above;
b;any delay in the carriage of any goods in a Consignment arising from the negligence of the Carrier.
9.2 The Carriers liability is restricted to the financial limits imposed under Clause 10 of these Conditions unless otherwise agreed in writing between the contracting parties prior to the transit commencing.
9.3 The Carrier shall not be liable for whatsoever reason for loss of or damage to, or mis-delivery or loss arising from any delay in respect ofStamps, Legal or Business Documents, the Carrier has agreed in writing to carry such goods at the specific request of the Customer prior to commencement of the transit;ii the Customer has agreed to reimburse the Carrier with all additional costs necessarily incurred as a direct result of the Carrier agreeing to carry such goods;iii the loss or damage or delay has been proved to have been caused by the negligence of the Carrier and/or his agents and/or his servants.
9.4 The Carrier shall be relieved of all liability if such loss, damage or delay arises from the effect of:
a;act of God;
b; any consequence of war, act of foreign power, terrorism, requisition or destruction of or damage to property by or under the order of any government or public or local authority;
c; or forfeiture under legal process;
d;error, act, omission, mis-statement or mis-representation by the Customer or other owner of the goods or by servants or agents of either of them;
e; inherent liability due to wastage in bulk or weight, latent defect or inherent defect, vice or natural deterioration of the goods;
f;any special handling requirements in respect of the goods which have not been notified to the Carrier;
g; insufficient or improper packaging, unless the Carrier has contracted to provide this service;
h;insufficient or improper labelling or addressing, unless the Carrier has contracted to provide this service;
i;riot, civil commotion, strike, lockout, general or partial stoppage or restraint of labour from whatever cause;
j;defect of any equipment supplied by the Customer under Condition 3.2 or any negligence of the Customer’s agents or servant;
k; delay in providing to the carrier safe and adequate access;
l;fraud on the part of the Customer, Consignor, Consignee or owner or of their servants or agents in respect of all or any part of the consignment
10 Limitation of liability of carrier
10.1 Unless otherwise agreed in writing between the Customer and the Carrier prior to the commencement of carriage, the liability of the Carrier in respect of loss of or damage to goods whilst they are the responsibility of the Carrier in accordance with Conditions 6 and 9 hereof shall be limited as follows:
a where the whole or part of a Consignment is lost or damaged to a maximum rate of Rs 1500 per tonne inclusive of all/any duties and/or taxes on the gross weight of the Consignment.
10.2 The Carrier’s liability for any delay or consequential loss shall not exceed the amount of the claimant’s bona fide loss or the amount of the carriage charges whichever shall be the smaller unless agreement has been made previously in writing between the Carrier and the Customer for a specific level of liability for such delay or consequential loss.
11 Customer’s indemnity to the carrier
The Customer shall indemnify the Carrier against:
11.1 losses suffered by the Carrier arising from any negligent act, negligent omission, negligent misdirection or negligent misstatement by the Customer, Consignor or Consignee, its servants or agents;
11.2 claims of any nature for loss or damage resulting from the carriage of Dangerous Substances where the Customer’s obligations in Condition 4 above have not been met;
11.3 claims and demands of any nature in respect of loss of or damage to the goods made by any Third Party additional to or in excess of the limits of liability of the Carrier set out in Condition 10 above;
11.4 Any claims made or penalties imposed by the Commissioners of Customs and Excise in respect of dutiable goods;
11.5 claims and demands made by a Third Party attributable to lack of authority on the part of the Customer to enter into the Contract upon these Terms and Conditions.
12 Notification of claims
12.1 The Carrier shall not be liable for:a loss or damage of the whole of the Consignment unless a claim specifying the general nature thereof is submitted by the Customer to the Carrier in writing within 14 days from the Carrier’s responsibility for the Consignment having commenced in accordance with Condition 6.2 above and unless a detailed claim giving weight and value and date of collection are submitted by the Customer to the Carrier in writing within 14 days from the Carriers responsibility for the Consignment having ended or been deemed to have ended;b loss or damage of any part of a Consignment unless a claim specifying the general nature thereof is submitted by the Customer to the Carrier in writing within seven days from the Carriers responsibility for the Consignment having ended in accordance with Condition 6.3 above and a detailed claim specifying the weight, value and date of collection and date of delivery are submitted in writing within 14 days of the Carriers responsibility having ended;c damage of any description unless the damaged goods are made available to the Carrier’s representative for inspection for a reasonable period following notification of the claim;d delay in delivery of whole or part of the Consignment unless the Carrier is informed in writing within three days of the date by which the delivery should have been made. For the avoidance of doubt where no date for delivery has been agreed notification should be given within 63 days of the Carrier’s responsibility for the consignment having commenced.
12.2 The Carrier shall not benefit from this exclusion of liability if the Customer provides evidence that:a in all the circumstances it was not reasonably possible so to advise the Carrier or make the damaged goods available for inspection within the specified time limits and;b such advice was given at the first reasonable
13 Dispute resolution
13.1 The parties will attempt, in good faith, to resolve any dispute or claim arising out of or relating to these Conditions promptly through negotiations between the respective representatives of the parties who have authority to settle the same.
14 Governing Law
The parties shall agree the legal regime under which these Conditions shall be construed and interpreted and the courts which shall have jurisdiction. In the absence of such agreement, the contract shall be subject to and construed and interpreted in accordance with Mauritian law and shall be subject to the jurisdiction of the courts of Republic of Mauritius.