BPS TERMS AND CONDITIONS OF SERVICE.
1. In this contract, where the context so permits the following expression shall have the following meanings.
a) ‘’Consignment ‘means any Goods or other items of any sort that the company may carry or anything valuable received by the company, its servants or agents or intended to be received by reason of this contract.
b) ‘’Consignor/Sender’’ means the person sending goods/consignment to be delivered
c) ‘’Consignee’’ means the entity that is financially responsible (the buyer) for the receipt of a shipment/consignment. Generally, but not always, the consignee is the same as receiver.
d) ‘’Data’’ means any computer tapes, programmes, accounts, or like Media, deeds, documents or other written records which form the whole or part of the consignment.
e) ‘’The relevant collecting point’’ means the address or addresses from which any consignment is to be taken into the custody of the company for the purpose of this contract
f) ‘’The relevant Delivery point’ ’means the address or addresses which any consignment is to be delivered by the company for the purpose of this contract.
g) The customer Relevant Representative means the person into whose custody a consignment is authorized by the customer to be delivered by the company at the relevant delivery point pursuit to this contract
h) Period of the company’s responsibility means in relation to each consignment a period commencing at the moment such consignment passes into the custody of the company at the relevant collecting point and terminating at the moment such consignment is delivered or rendered to the customer’s relevant representative at the relevant delivery point.
i) The excepted Risks means, circumstances Beyond BPS’s control: Force Majeure following which no financial claim cannot be enforced
1. The customer undertakes that the company shall not be required or caused to carry or convey anything if such carriage or conveyance would be unlawful including the conveying of any letter contrary to the provisions of any legislation relating to the carriage of mail and the company will not without its specific agreement carry liquids, perishable goods, gases pyrotechnics, arms and ammunition or corrosive or radioactive material.
The customer undertakes that,
a) The customers relevant representative will accept delivery of any consignment to be delivered to him under this contract at the relevant delivery point and that the customers relevant representative will issue to the company’s representative escorting such consignment to the relevant delivery point an appropriate receipt there of which shall be conclusive evidence of the delivery of such consignment save where such receipt is obtained as a result of any fraud or collusion or dishonesty on the part of the company’s representative.
2. CLAIMS and LIABILITY.
i. BPS will make every reasonable effort to deliver the consignment according to BPS regular delivery schedules, but these schedules are not binding and do not form part of the contract. BPS is not liable for any damages or loss caused by delay.
ii. BPS may notify a consignee of an upcoming delivery or a missed delivery. Receiver maybe offered alternative delivery options such as delivery on another day, redirection or collection at any of our offices. In cases where the receiver or consignee cannot be reasonably identified or located to receive delivery, refuses delivery or to pay charges. BPS shall use/make reasonable effort to return the consignment to the sender at the senders cost failing which the consignment may be released, disposed of or sold without incurring any liability whatsoever to the sender or anyone else with proceeds applied against transport costs and any other related administrative costs with the balance of the proceeds of sale to be returned to the sender. BPS shall have the right to destroy any consignment which any law prevents BPS from returning to sender as well as any consignment of dangerous goods
iii. BPS is not Liable for any loss or damage arising out of circumstances beyond its control. These include but are not limited to electrical or Magnetic damage to or erasure of electronic or the consignment, i.e. Earthquakes,floods,cyclones,storms,Acts of nature, any act of omission by a person e.g. Receiver ,third party, customs or other Government official, War, invasion, act of foreign enemy, hostilities (whether war to be declared or not) civil war, rebellion, revolution, insurrection or military or usurped power, confiscation or nationalism or requisition or destruction of or damage to property by or by the order of any government or public or local authority.
iv. Breakage or statutory,marbles,glassware,bric a brac porcelains and similar fragile articles unless caused by fire ,lightning, theft and or attempted theft
v. Any loss of or damage to the whole or any part of the consignment caused or partly caused by the absence, failure or inadequacy of packing or packaging.
vi. All claims shall be submitted in writing to BPS within 7 days from the date BPS accepted the consignment failing which BPS shall have no liability whatsoever. BPS’s liability is strictly limited to direct loss or damage to consignment All other types of loss or damage are excluded including but not limited to lost profits income interest future business, whether such damage or loss is special or indirect and even if the loss or damage was brought to BPS’s attention