1.1 This contract sets out the terms and conditions upon which we will supply services to you. In this contract, you the customer and sender will be referred to as the shipper, and the recipient will be referred to as the consignee,
1.2 MAKATI EXPRESS CARGO shall not be liable for other damages, such as moral and exemplary damages, and consequential damages, unless, the amount of foreseen consequential damage is declared during the acceptance and higher freight fee is paid.
1.3 MAKATI EXPRESS CARGO is not a common carrier. We may refuse to handle, transport or store goods for you for any reason whatsoever at our absolute discretion.
1.4 The terms of this Contract cannot be waived or varied except by a written instrument executed and delivered by authorized representatives of the shipper and MAKATI EXPRESS CARGO which specifically states that waiver or variation.
2. ACCEPTABLE ITEMS
2.1 Any goods accepted/received from the shipper or from any other person in behalf of the shipper in whatever packaging be it in pallet, in containers picked up or received by MAKATI EXPRESS CARGO for transport to the Philippines shall be subjected to the following terms, conditions and limitations.
2.2 Item shall consist of personal effects allowed for transport under Balikbayan box which are not of commercial volume/purpose/or value as determined under pertinent laws of ports of origins and destination.
2.3 MAKATI EXPRESS CARGO will not accept any prohibited Items for shipment. Prohibited Items are items that are subject to Import or export restrictions in the country of origin and destination.
2.4 MAKATI EXPRESS CARGO will not accept any Items for shipment containing hazardous materials or dangerous goods based on MAKATI EXPRESS CARGO's assessment and discretion.
RIGHT TO RESPECT
MAKATI EXPRESS CARGO reserves the right, at any point to open and inspect any package tendered to it. MAKATI EXPRESS CARGO will not ship and will return any shipment that includes:
A. Items that are listed in the Prohibited Items List; orB.Items that are considered, at MAKATI EXPRESS CARGO's discretion, unsafe or unlawful to ship or transport,
3.1 Shipper warrants that the value and contents of the package are accurately declared in the packing list for purposes of import tax assessment as well as determination of liability in case of loss or damage.
4. LIMITATION OF LIABILITY
4.1 The maximum liability that MAKATI EXPRESS CARGO automatically covers free as Is computed at the front of packing list and dependent on the origin of transaction . If the shipper's declared value exceeds such: Maximum liability computed overleaf, the shipper may need to pay additional liability (2% of the declared value of the shipment).
4.2 The shipper may need to pay additional liability at the time of transaction based on the rate provided by MAKATI EXPRESS CARGO.
4.3 Subject to the aforesaid, MAKATI EXPRESS CARGO WILL NOT BE LIABLE FOR ANY DAMAGES WHETHER DIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, WHETHER OR NOT MAKATI EXPRESS CARGO KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES MIGHT BE INCURRED. INCLUDING. BUT NOT LIMITED TO, LOSS OF INCOME OR PROFITS.
4.4 Notwithstanding the above, MAKATI EXPRESS CARGO will not be liable or responsible for loss, damage or delay caused by events or circumstances that MAKATI EXPRESS CARGO cannot control, including but not limited to:
"Acts of God", perils of the air, public enemies, criminal acts of any person(s) or entities, including but not limited to, acts of terrorism, public authorities acting with actual or apparent authority, acts or omission of customs or quarantine officials riots, strikes or anticipated strikes (of any entity, including, but not limited to other carriers, vendors sub-contractors or suppliers), or other local disputes, civil commotion, hazards incident to a state of war (whether or not declared) or insurrection, weather conditions (as determined solely by MAKATI EXPRESS CARGO), natural disasters (earthquakes, floods, hurricanes are examples of natural disasters), national or local disruptions in air transportation networks (as determined solely by MAKATI EXPRESS CARGO), conditions that present a danger to our personnel, or disruption of failure of communication and Information systems (Including but not limited to, our systems). In such circumstances as mentioned above, we will make reasonable efforts to transport and deliver packages to their destination as quickly and as practicable under these circumstances.
We are under no duty to advise you of the potential or actual existence of any one or more of these circumstances:
- Delays caused by customs clearance procedures or those of other regulatory agencies, including delays caused by incorrect, incomplete, inaccurate or missing customs documentation, or by our adherence to our policies regarding the payment of duties and taxes.
- Delays caused by the shipper's failure to provide accurate delivery address information.Damages or losses for items not specifically listed on the packing list.Damages incurred by shipping perishable or breakable items. This includes items such as electronic equipment, dented canned goods, cooking oil in any type of containers, shampoo, conditioners,chocolate syrup, etc. Items will be accepted and SHIPPED AT OWNER'S RISK" (SOR),Damages incurred by the shipment of used computers or any used components thereof or any type of electronic equipment.Damages due to recipient refusal to accept a shipment.Damages due to leak or spillage. The shipper is responsible for all damages, costs and fees of any type connected with the cleaning up of any spill or leakage including damage to properties belonging to third parties.Damages indicated by any shock watch, tilt meter or temperature instruments.Loss or damage to any package for which we have no record of tender to MAKATI EXPRESS CARGO.Damages due to any Inherent defect In an Item.Damages due to fraud by the shipper.
4.5 MAKATI EXPRESS CARGO will not be liable for, nor will refund or give credit of any kind as a result of any loss for which we have no record of tender to MAKATI EXPRESS CARGO or any lost Items not properly declared in the Packing List as a result of pilferage, damage or expense arising from or any way connected with marks, weight, numbers, brand, contents, quality or description of any goods, delay, miss delivery, non-delivery, misinformation or failure to provide Information caused by resulting in whole or in part inability to contact the shipper or consignee concerning incomplete or inaccurate address; or incorrect, incomplete, inaccurate or missing documentation.
5.1 MAKATI EXPRESS CARGO will make reasonable efforts to transport and deliver packages to their destination as quickly as practicable under the circumstances stipulated in this contract; and MAKATI EXPRESS CARGO is under no duty to advise you of the potential or actual existence of any one or more of these circumstances.
5.2 If the packages could not be delivered to the recipient address and MAKATI EXPRESS CARGO elect to re-deliver the goods to you. MAKATI EXPRESS CARGO will charge you for the cost of the re-delivery including any storage costs Incurred by MAKATI EXPRESS CARGO.
5.3 When shipment is refuse at the time of delivery or unclaimed by the consignee, Lac will contact the shipper for additional instructions. If the shipper Instructs MAKATI EXPRESS CARGO to return the shipment to the shipper, the Shipper will bear all costs associated with the return of the shipment. If no additional instructions are received, MAKATI EXPRESS CARGO will dispose of unclaimed or refused shipments after 90 days from delivery or pick up data after proper notice. The shipper is responsible for incineration or destruction of the cargo and/or all cost associated herewith.
MAKATI EXPRESS CARGO'S DELIVERY COMMITMENT IS BASED ON THE EXPECTED DEPARTURE DATE OF THE VESSEL AND NOT AT THE TIME OF PICK UP. DEPENDING ON THE ORIGIN, VESSEL MAY LEAVE WEEKLY OR MONTHLY. SHIPPING SCHEDULE MAY CHANGE WITHOUT PRIOR NOTICE.
5.4 Proper notice is defined as written notice sent to the last known address of the shipper.
5.5 MAKATI EXPRESS CARGO reserves the right to change its delivery areas anytime without notice. Items sent for destinations outside its delivery zone areas are available for pick up at the nearest MAKATI EXPRESS CARGO office.
6.CUSTOMS AND TAXES
6.1 All shipment crossing International borders must be cleared through customs in the destination country before being delivered to the recipient.
6.2 When shipments are held by the customs or other agencies including because of Incorrect or missing documentation. MAKATI EXPRESS CARGO may attempt to notify the recipient or shipper as determined by the local law of the country where the shipments are held. If the recipient or shipper fails to supply the required information or documentation, the shipment may be deemed undeliverable. Thereafter, MAKATI EXPRESS CARGO assumes no responsibility for inability to deliver or delay.
6.3 MAKATI EXPRESS CARGO is hereby appointed by the shipper as the agent for performance of customs clearance, where necessary and allowed by law. MAKATI EXPRESS CARGO shall be deemed as the nominal consignee and will designate a customs Broker to perform the customs clearance. If local authorities require documentation confirming that MAKATI EXPRESS CARGO has been designated as the nominal consignee, the shipper shall provide the needed documents in such form as MAKATI EXPRESS CARGO shall require and without any delay.
6.4 All expenses, including customs penalties and storage charges incurred as a result of an action by Customs, or failure by shipper or consignee to provide proper or complete documentation or to obtain a required license or permit will charged to the consignee along with any applicable duty and tax. If consignee from whom reimbursement is requested refuses to pay assessed penalties, storage expenses, duties and taxes, MAKATI EXPRESS CARGO may either hold the shipment until said reimbursement has actually been received, or deliver the shipment to the consignee and bill the shipper later. Shipper remains liable for all amounts advanced by MAKATI EXPRESS CARGO.
6.5 MAKATI EXPRESS CARGO reserves the right to withhold the delivery of any shipment until full payment has been made by either recipient or shipper. MAKATI EXPRESS CARGO shall not be liable for any damages whether direct, Incidental, special or consequential including but not limited to loss of income of profits for the late or non-delivery of the shipment due to unpaid charges.
7. INDEMNITY AND LIEN
7.1 The shipper hereby indemnifies MAKATI EXPRESS CARGO against all losses, costs, expenses, claims, demands, proceedings, fines, penalties and damages suffered or incurred by or asserted against MAKATI EXPRESS CARGO by reason of any act, error, omission, misstatement or misrepresentation by the shipper, Insufficient or improper packing or labeling or address of a shipment, or the nature of condition of any Items shipped, Including without limitation any losses of or damages to the carrying vehicle or other goods carried, and any liability of any kind of MAKATI EXPRESS CARGO to any third arising out of the foregoing.
7.2 MAKATI EXPRESS CARGO shall have a general lien against any items being shipped for any amounts due to MAKATI EXPRESS CARGO by the shipper, whether for its shipping charges, for any amount due under the indemnity in the preceding paragraph, or otherwise. If any such amount is not paid when due, MAKATI EXPRESS CARGO may sell the items being shipped and apply the proceeds of such sale to such unpaid amounts; provided, that the shipper shall remain liable for any shortfall between the amount of such proceeds and the amount due and MAKATI EXPRESS CARGO shall remit to the shipper any excess of such proceeds over the amount due.
MAKATI EXPRESS CARGO is committed to protecting the privacy of its customers. We do not sell or share your non-public personal information for the benefit of third parties.
MAKATI EXPRESS CARGO collects and use customer's information to verify identification as required by law, to process transactions, and to provide better services, Keeping our customer information secure is one of our most important responsibilities.
MAKATI EXPRESS CARGO will maintain physical, electronic, and procedural safeguards to ensure that your private information is protected at all times.
MAKATI EXPRESS CARGO's employees are authorized to access customer information only when they need it to provide the customer with products and services. MAKATI EXPRESS CARGO's employees are bound by a code of ethics that require confidential treatment of customer information are subject to disciplinary action if they fail to follow this code.
MAKATI EXPRESS CARGO does not provide any information about its shippers and their transactions to anyone else other than shippers themselves, except as provided by applicable law.
10. CONSIGNEE AND VERIFICATION REQUIREMENT
MAKATI EXPRESS CARGO requires that each consignee must present a valid government Issued ID at time of delivery In order to release any shipment. A consignee will be asked to sign a Proof of Delivery ("POD"). A POD may be provided to the shipper upon request.
LIST OF ACCEPTABLE PHILIPPINE IDENTIFICATION
Digitized SS ID / GSIS ID Driver's License Professional Regulations Commission ID / Passport / Company ID / School ID.