Byaheros Express

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BYAHEROS EXPRESS INC. TERMS AND CONDITION
(NEXT DAY DELIVERY)
I. GENERAL PROVISION
a. These Terms and Condition of services constitute a legally binding contract
between BYAHEROS EXPRESS and THE SENDER. This contract is NONNEGOTIABLE.
b. When availing the services of Byaheros Express Inc., the “SENDER” and
“RECIPIENT” agreed to follow all the conditions stated in this terms and
condition.
c. These terms and conditions of service may only be modified, altered or
amended in writing signed by both customer and company; any attempt to
unilaterally modify alter or amend same shall be null and void.
II. GENERAL PROVISION OF THE SENDER
a. The sender must follow the proper packaging guidelines release by
Byaheros Express Inc., in order to protect the goods inside during the
delivery process. If any loss or damages arise due to the improper
packaging of the goods/parcel, the loss or damage is the responsibility of
the SENDER.
b. The shipments must be properly marked and both the addresses of the
SENDER and the RECEIVER must be written accurately and clearly. All
information given must be true and correct. In the event that address
provided by the SENDER is incorrect, the corresponding charges for reforwarding or return will be charged to the SENDER.
c. The SENDER must accurately declared the content and value of the
package. BYAHEROS EXPRESS INC. will not be held liable to compensate
any loss or damages arising from the discrepancy due to false, inaccurate
or incorrect declaration made by the SENDER which is stated in the Air
Waybill. It is solely the responsibility of the SENDER if there will be losses
or damages not cover due to inaccuracy of information.
III. PROVINSION OF DELIVERY SERVICE
a. BYAHEROS EXPRESS INC., may have to open and check the package
prior to acceptance of the parcel for delivery in the presence of the SENDER
or authorized person representative to ensure that the package contains no
hazardous or prohibited content. BYAHEROS EXPRESS INC. reserves the
BYAHEROS EXPRESS INC.
6B West Berkeley St. California Village, Novaliches Quezon City, Metro Manila
right not to accept parcels which, in its discretion, would violate its internal
policies and pertinent government laws.
b. BYAHEROS EXPRESS INC. has the right but is not obliged to check each
packages to ensure the goods to be delivered do not violate all applicable
law. If the SENDER sends items which are prohibited and restricted, without
BYAHEROS EXPRESS INC.’ knowledge, the sender hereby frees
BYAHEROS EXPRESS from all damages, losses or costs and demands
which will be incurred from any party.
IV. PROHIBITED / RESTRICTED ITEMS
a. BYAHEROS EXPRESS does NOT allow delivery of items such as: corpses
or its parts; living or dead.
i. Sharp tool objects, glass bottle, illegal drugs, animals, flammable
products, fresh food, used medical kits, weapons including toy guns,
raw fish & meat, cigarette, batteries, biochemicals.
b. The sender warrants that:
i. This shipment does not contain anything that, its carriage is
prohibited by Philippine law, statue, or regulations. In such case that
an item prohibited shipped by Philippine Law is sent through
BYAHEROS EXPRESS INC., the company holds the right to report
the sender to the police and for the item to be confiscated.
ii. In any case the shipper and/or consignee sends/receives anything
prohibited by Philippine law, only the shipper and/or consignee shall
be liable for any legal action resulting to these.
V. GENERAL LIABILITY
a. BYAHEROS EXPRESS shall transport and deliver goods safely to its
destination, but shall not be liable for damages, losses, destructions or
deterioration of goods due to any of the following causes: (a) flood, storm,
earthquake, or other natural causes or disaster or calamity, (b) act of war,
acts of government authority, whether international or civil (c) act of
omission of the sender (d) character of the goods or defects in packaging
or containers.
b. BYAHEROS EXPRESS shall compensate items if only the SENDER has
paid fee and has declared the goods value of the shipment. The valuation
fee is 1% of the total declared value, paid by the sender on top of the
shipping fee. Valuation Fee 1% is mandatory to SENDER.
BYAHEROS EXPRESS INC.
6B West Berkeley St. California Village, Novaliches Quezon City, Metro Manila
c. BYAHEROS EXPRESS will compensate losses and damages if the
declared value is stated and if the valuation fee is paid.
VI. LIABILITY
a. The minimum valuation fee to be paid is Php 5.00 and the maximum amount
for liability is Php 50,000.00,
b. All clients are required to pay valuation fee which is 1% of the declared
value
c. For Lost/Loss Item Byaheros Express is liable to compensate the sender
base on the declared amount of the parcels.
i. Compensation includes only the declared value of the parcel
d. For Partial Loss and Damage Item or with Successfully Delivered Scan
i. Byaheros Express shall be liable to compensate base on the
declared amount divided by the numbers of loss/damages of the
parcel.
ii. For damaged items with no DELIVERED SCAN BYAHEROS
EXPRESS shall be liable for the shipping fee and the declared value
of the item
iii. BYAHEROS EXPRESS shall not be liable for delays in delivery, loss
of profits and income due to delayed delivery.
iv. BYAHEROSS EXPRESS will not compensate shipments of more
than Php 50,000.00. In case the sender has a shipment of worth
more than the Php 50,000.00, the Sender acknowledges that
BYAHEROS EXPRESS will not be liable for any damage or loss that
the shipment would incur, that is higher than the said amount. The
Sender will have to ship the item on his own risk.
v. For Document the maximum compensation will be Php 500.00
VII. CLAIMS VALIDITY
a. Only the Sender/Client is the authorized to send claims complaint.
b. All Claims submitted beyond the lead time will be deemed voided/rejected.
BYAHEROS EXPRESS INC.
6B West Berkeley St. California Village, Novaliches Quezon City, Metro Manila
c. All submitted claims complaint must have its valid documents. Failure to
attached any valid documents the said claims complaints are automatically
rejected.
d. For Lost Parcels shipments is valid and will be processed if submitted 30
days after the date of shipment
e. For Damages is valid and will be processed if submitted 7 days upon the
last scan (Successfully Delivery Scan)
f. All damage parcels found inside Byaheros Express Premises will be
automatically be processed for claims except if the cause of damages if
based on the general provision.
VIII. FORCE MAJEURE
a. Byheros Express shall be relieved of liability for any loss or damage if, and
to the extent that, such loss or damage is caused by: (a) strike, lock-out,
stoppage or restraint of labour, the consequences of which Byaheros
Express in unable to avoid by the exercise of reasonable diligence; or (b)
any cause or event which Byaheros Express is unable to prevent by the
exercise of reasonable diligence.
b. Any court action arising from this contract, the same shall be brought in the
proper court of Quezon City to the exclusion of all other courts
c. In addition to the agreement or written terms and conditions on this receipt,
Byaheros Express cannot be prosecuted and burdened with an agreement
or other legal basis except with a written agreement approved by the person
in agreement approved by the person in charge or authorized by Byaheros
Express.