As a user of this website you acknowledge that you are bound to our Terms and Conditions below. These Terms and Conditions are effective as of 6th of June 2010. The Terms were last updated on 18th October 2010.
The Conditions (as defined below) apply to the access to and use of the Site, and to any correspondence by e-mail between you and us. Please read these terms carefully before using the Site. Using the Site indicates that you accept the General Conditions regardless of whether or not you choose to become a Member. If you do not accept the General Conditions, please do not use the Site.
We may revise the Conditions at any time by updating this posting. You should check the Site from time to time to review the current version of the Conditions because they are binding on you. Certain provisions in the Conditions may be superseded by expressly designated legal notices located on particular pages of the Site.
In the event of conflict between these Terms and Conditions and those of the Relevant Carrier then those of the Relevant Carrier shall take precedence.
Terms and Conditions
1. In these Conditions
(a) Company means Book My Courier™
(b) Goods means any documents or things (including containers and packaging) consigned by a Customer from one address to another.
(c) Customer means any individual, firm, body corporate, unincorporated
association or other body who consigns Goods as aforesaid.
2. The Company is not a Common Carrier and accepts Goods for conveyance on
and subject exclusively to these Conditions. No servant or agent of the Company
has any authority to alter, vary or waive any provision of this Contract in any
respect.
3. The Company accepts Goods for conveyance on the basis that (a)-(h) below of
theseConditions are all fulfilled and the Customer irrevocably warrants that they
are so Fulfilled.
(a) that the Customer is either the owner of or acting as the fully authorised
agent for the owner of the Goods and that the Customer is acting as his fully
authorised agent also.
(b) That the Goods do not comprise or include weapons, ammunition or explosives & other Banned Items Like Passports,
Liquids & Semi Liquids . Pornography . Bullion . Drugs & Narcotics . Precious , Semiprecious and Antique Items. Radio Active material and all IATA Restricted Items .
(c) That the Goods do not comprise or include a letter or letters which the Indian Post Office has an exclusive right to convey.
(d) That the Goods do not comprise or include drugs, documents or things which it
is illegal to have possession in the India or elsewhere
(c) That the Goods do not comprise or include documents or other things which it is illegal to take out of INDIA or to take into the country to which they are consigned
(f) that the Company has been given express prior written and detailed notice of
the toxic corrosive, combustible or flammable nature of any Goods
(g) that unless packed by the Company the Goods are packed to the Customers
complete satisfaction and in strict compliance with all relevant packing
regulations
(h) that the goods do not comprise or include cash or any negotiable instruments
equivalent to cash such as endorsed stocks and bonds.
4. The Customer shall pay the Company in respect of each consignment of the
Customer's Goods in accordance with the Company’s tariff charges in force at the
time of each consignment, details of which are available on request from the
Company. Payments shall be made promptly and, in any event, within 14 days
from the date of the Company's invoice/statement. No deductions or retentions
shall be made by the Customer on account of any alleged claims against the
Company for compensation or otherwise.
5. In the event that the Company pays or agrees to pay to any third party any
duty and / or taxes and/or levy in respect of any Customer's Goods:-
(a) the Company shall do so on the sole basis that in doing so it is acting as the
Customer's fully authorised agent.
(b) whether or not delivery of the Goods is actually made to the address to which
they are consigned, immediately upon receipt of the Company’s Duty Invoice
in respect of such duty and/or tax and/or levy the Customer shall settle such
Duty Invoice in full
(c) In the event of any Customer failing to comply strictly with sub-condition (b)
above the Company shall be at full liberty to deal with the Goods in accordance with provision 15 below
6. No insurance cover for Goods shall be arranged by the Company unless the
Customer has requested insurance by entering a value in the Value for Insurance
box which can be found on the front of the Company’s consignment note and on
the on-line courier booking system. Insurance for
jewellery, watches, precious metals, china, crystal, fine arts, antiques, fragile
Goods and any consignment with a value greater than US$ 500 is by special
arrangement only. No insurance for
such items will be deemed to have been arranged unless the Customer has
obtained the prior, written consent of the Company. Any insurance cover
whatsoever arranged by the Company for the Customer shall be subject to terms
(a)-(b) below:
(a) Insurance is subject to goods being packed either in the manufacturers
original packaging or by a firm of professional, export packers.
(b) Insurance is only available for loss or damage. No insurance whatsoever is
available in respect of delay or consequential or indirect loss
7. The Company is entitled to covey the goods:-
(a) by its own servants and/or by any airline, delivery company and/or
other independent contractor
(b) by any means of conveyance by any route whatsoever
8. If. for any reason beyond the Company's control, it is unable to convey the
Goods to the address to which they are consigned, or to effect delivery at the
said address:-
i) the Company shall endeavour to communicate with the Customer and
request a new address to which the Goods can be delivered in the country
in which the Goods are then lying.
ii) if the Company is unable to communicate with the Customer within a
reasonable time, or if it is not provided with a new address for delivery by the
Customer within a reasonable time, the company shall be at liberty to deal with
the Goods in accordance with Condition 15 hereinafter set out or to destroy
them.
9. The total liability of the Company to pay to the Customer compensation for
loss, damage, misdelivery or delay occurring in respect of the Goods, whether
caused solely by the Company's negligence or default of the Company's
servants shall be limited to US100 and:-
(a) no compensation shall be payable by the Company to the Customer in respect
of indirect or consequential loss.
(b) No compensation whatsoever shall be payable in the event that the Customer
fails within 3 days of any loss, damage, misdelivery or delay occurring to
the Goods becoming known to the Customer to report this to the Company
at its registered office by recorded delivery first class letter.
(c) no compensation whatsoever shall be payable in the event that the Customer
fails within 7 days of any loss, damage, misdelivery or delay occurring to the
Goods to report this to the Company at its registered office by recorded
delivery first class letter.
(d) no compensation whatsoever shall be payable in the event that any legal
proceedings commenced against the Company by the Customer relating to
any claim for compensation as aforesaid are not brought within the period of 2
years commencing with the date of the alleged loss, damage, misdelivery or
delay.
(e) No compensation shall be payable in the event of loss, damage, misdelivery or
delay caused by events beyond the Company's control, including but not
limited to acts of God, perils of the air, adverse weather conditions, mechanical
delay, acts of war, hostilities, civil commotions, strikes, industrial action, acts of
public enemies or acts or omissions of public authorities (including customs
and quarantine officials) with actual or apparent authority.
10. Save as provided in Condition 9 above the Company shall not be under any
other liability whatsoever arising to the Customer in respect of the Goods.
11. Without prejudice to the generality of Condition 10 above for the avoidance of
doubt the Company shall not be liable in respect of any losses caused-
(a) Partly bv its negligence and/or the negligence of its servants and partly by
the negligence of the Customer
(b) By any independent contractor in any manner whatsoever.
12. The Company's servants on whose behalf the Company contracts shall not be
under any liability whatsoever in respect of the Goods.
13. In the event of any loss, damage, misdelivery or delay occurring in respect of
the Goods by reason of any act or default of an independent Contractor the
Company shall at the Customer’s request assign to the Customer any right
of action which the Company may have against the independent Contractor.
14. The Customer shall indemnify the Company against:-
(a) any expenses incurred as a result of the Company inability for any reason
beyond its control to convey or deliver the Goods to the address to which
they were assigned or at all
(b) Any claims, costs and/or demands by third parties relating to the Goods
(c) Any unusual expenses incurred by the Company as a result of conveying the
Goods
15. The Company shall have a lien for any amount due under the Contract and
the cost of recovering the same. If any lien is not satisfied within a
reasonable time, the Company shall be at full liberty to sell the Goods, either
privately or by auction and to apply the proceeds of any such sale in or
towards discharge of the lien and the expense of sale.
16. The Carriers Conditions of Service
For all Deliveries, the following Carriers Conditions will apply:
It is a mandatory requirement under this paragraph that you, the Customer, have read, understood, acknowledged and agreed to the Carriers Conditions of Service
17. This Contract shall be governed by Indian Law and any dispute under it shall
be within the exclusive jurisdiction of the Indian Courts.