Terms and Conditions of Use of Website and Doing Business With AJPDeliveryExpress
Acknowledgment And Acceptance Of Disclaimer And Terms And Conditions
The AJPDeliveryExpress website is owned and operated by AJPDeliveryExpress. When you obtain information to buy services from this website, by email or phone, you agree to the terms, conditions and disclaimers as amended from time to time and as set out below (“Terms & Conditions”) and acknowledge that you have read and understood these Terms and Conditions. By using this Web Site to buy a delivery service or by registering on this website you expressly agree to be bound by these Terms and Conditions. Please read this Disclaimer and Terms and Conditions prior to ordering any services from this website. These Terms and Conditions govern the use of this website and the purchase of any services from it. AJPDeliveryExpress may amend these Terms and Conditions from time to time.
Any amendment will be effective immediately. Your continued use of this website after any amendment becomes effective constitutes an agreement by you to abide by and be bound by these Terms and Conditions, as so amended. Should you have any questions or wish to clarify the meaning of any of these terms and conditions, please contact AJPDeliveryExpress by email ([email protected]) or phone prior to ordering any services from this website. All data provided by you to AJPDeliveryExpress will be considered as confidential information and will not be disclosed by AJPDeliveryExpress to any third party except as may be required for the provision of the services you have requested AJPDeliveryExpress provides.
AJPDeliveryExpress Terms And Conditions
1. INTERPRETATION
In these terms and conditions: “Courier” shall mean AJPDeliveryExpress, its agents and Subcontractors. “Customer” means the person or entity, or as servants or agents, entering into this contract with the Courier. “Subcontractor” means and includes:
(a) Any person, firm or company with whom the Courier may arrange for the carriage of any goods the subject of this contract
(b) Any person who is now or later a servant, agent, employee or Subcontractor of any other persons referred to in (a) above.
2. COURIER IS NOT A COMMON CARRIER
2.1 The Courier is not a common carrier and will accept no liability as such.
2.2 All goods or articles are carried or transported and all storage and other services are performed by the Courier subject to these conditions.
2.3 The Courier reserves the right to refuse to transport any goods for any person, firm or company at its discretion without being bound to give any reason for such refusal.
3. RIGHT TO SUB-CONTRACT
3.1 The Customer authorizes the Courier to engage a Subcontractor for the carriage of any of the goods subject to this contract at its discretion.
3.2 The Subcontractor is deemed to be entitled to the full benefit of these terms and conditions to the same extent as the Courier. The Courier is deemed to have entered into this contract for its own benefit and also as agent for the Subcontractor.
4. DELIVERY OF GOODS
4.1 The Courier is authorized to deliver the goods at the address given to the Courier by the Customer for that purpose, and without prejudice to any other method of delivery.
4.2 The Courier is presumed to deliver the goods specified in the work order (attached as Exhibit A) in accordance with the term and conditions of the Contract if at that address the courier obtains from any person a receipt or signed delivery docket for the goods.
4.3 If the specified place of delivery is unattended or if the Courier is otherwise unable to effect delivery, the Courier will contact the customer to arrange alternate directions, ie. request an alternative ‘ALT’, to leave safe, redelivery, alternate address or return goods to address of collection. The Customer must pay or indemnify the Courier for all costs and expenses incurred in or about for additional directions.
4.4 If the Courier receives an ‘ALT’ in accordance with Clause 4.3, delivery to this alternate location will be deemed to satisfy final delivery under this contract.
4.5 The Customer agrees to any deviation by the Courier from the usual route or manner of carriage of the goods which may be deemed by the Courier to be reasonable or necessary in the circumstances at its absolute discretion.
5. RESPONSIBILITY FOR LOSS OR DAMAGE TO GOODS OR MISDELIVERY
5.1 Unless otherwise agreed in writing, the goods are carried at the risk of the Customer and the Courier accepts no responsibility in tort or contract or otherwise for any loss or destruction of, or damage to, or mis-delivery or failure to deliver, or delay in delivery of goods either in transit or in storage, whatever the reason.
5.2 The Customer agrees to indemnify the Courier against all loss, damage and expense sustained by any person (including the Courier) by reason of any such loss, damage, mis-delivery, non-delivery or delay in delivery as mentioned in Clause 5.1.
6. EXPLOSIVE, INFLAMMABLE OR OTHERWISE DANGEROUS GOODS
6.1 The Customer or the Customer’s authorized agent must not tender any explosive, inflammable, or otherwise dangerous or damaging goods for carriage by the Courier
6.2 If the Customer fails to comply with Clause 6.1, the Customer is liable for all loss and damage resulting from this breach.
7. CLAIMING FOR LOSS OR DAMAGE
7.1 Any claim for loss or damage to the goods the subject of this contract in whole or in part by the Customer or the Consignee must be lodged with the Courier in writing within seven (7) days from the date of dispatch of the goods in order to be honored.
8. CUSTOMER’S WARRANTY AS TO OWNERSHIP OR OTHERWISE
8.1 The Customer expressly warrants to the Courier that the Customer is either the owner of, or authorized agent of the owner, of any goods under this contract.
8.2 By entering into this contract, the Customer agrees to accept these Terms and Conditions of this contract of carriage on behalf of the Consignee, as well as for all other persons on whose behalf the Customer is signing.
8.3 The Customer agrees to indemnify the Courier for any liability whatsoever to any person in respect of the goods subject to this Contract (other than the Customer) who claims to have, who has, or may have later on, any interest in the goods in whole or in part.
9. CUSTOMER’S WARRANTY AS TO PACKAGING OF GOODS
9.1 The Customer warrants that the Customer has complied with all laws and regulations relating to nature, packaging, labeling or carriage of the goods and that the goods are packed in an adequate manner to withstand the ordinary risks of carriage when having regard to the nature of the goods.
9.2 The Customer agrees to indemnify the Courier to the extent that the Customer fails to comply with this warranty and loss or damage result from the Customer’s failure to comply.
10. INSURANCE OF GOODS
10.1 The Courier will effect insurance of goods up to the value of $100,000 dollars as the agent of the Customer if the Customer instructs the Courier to do so in writing prior to the effect of the contract.
10.2 To avoid doubt, it is not the responsibility of the Courier to effect insurance of goods. Insurance of goods will only be effected by the Courier for the benefit of the Customer if the Courier receives written or electronically transmitted instructions from the Customer and the Customer agrees to pay the cost of insurance.
11. CHARGES BY THE COURIER
11.1 The Courier’s charges are deemed to be earned as soon as the driver assigned to the order for service is dispatched by the Courier.
11.2 The Customer will be and remains responsible to the Courier for all proper charges incurred by the Courier for any reason whatsoever, including attempts and unsuccessful pick up and/or delivery attempts due to Non-Courier / Driver related issues. In the event a driver is dispatched and arrives at the pick up or delivery location, is turned away by the customer, the customer’s client or employee, all service charges are deemed forfeited to compensate travel time, labor, mileage, fuel, and any other expenses.
11.3 The Courier is entitled to make a charge for any delay over fifteen (15) minutes in loading or unloading the goods which results from the Customer’s default. The permissible delay period starts upon the Courier reporting at the relevant place for loading or unloading.
11.4 The cost of any labor to load or unload the vehicle is the responsibility of the Customer or Consignee of the goods.
11.5 The Courier has the right to cancel (see 13) the service should the goods not be ready for cartage within 10 min of the Couriers arrival at the point of collection. The Courier will notify the Customer of this in effect.
12. TERMS OF PAYMENT
12.1 Customers must pre-pay for each job/service in advance via credit card. For account customers, customer agrees to accept the terms of trading as strictly seven (7) days net from receipt of the Courier’s invoice or statement.
12.2 Nothing prevents the Courier from taking any action necessary to recover any unpaid courier charges. The Courier is entitled without express authorization from the Customer to recover any and all costs incurred by the Courier in recovering unpaid courier charges, including debt collection costs, commissions, legal fees and any out of pocket expense.
12.3 The Courier reserves the right to retain the Customers credit card details if provided to us for the purposes of this agreement (12.2), including to process any future payment of fees from the customer. The Customer acknowledges that they are solely responsible for any charges or fees associated with insufficient funds or any other such charge relating to the processing or collection of payments.
12.4 The Customer agrees to pay all costs, legal or otherwise, incurred in the collection of charges due and owing by the Customer to the Courier for carriage of goods.
13. CANCELLATION CHARGES
13.1 The Courier will charge the Customer 100% of the quoted price if the contract is cancelled after the Courier has arrived at the collection address.
13.2 The Courier will charge the Customer 100% of the quoted price if the contract is cancelled after the contract has been accepted by the Courier.
14. REFUNDS POLICY
14.1 The Courier does not issue refunds under any circumstances other than services paid in advance via cash or credit card specifically related to Cancellation Charges (see 13). Any service paid for by credit card which the Courier approves of a refund (part or full) will have a refund and transaction fee applied, equal to 90% of the total fee for services charged.
15. GOODS AND SERVICES TAX
15.1 In this Agreement: “GST” means any tax imposed by authority of any federal, state or local law enacted by the Government of the United States, Commonwealth of Pennsylvania and includes goods and services tax.
15.2 Customer is responsible for all GST.
16. GENERAL
16.1 The Customer accepts that all rights, immunities and limitations of liability accruing to the Courier under these Terms and Conditions continue to have full force and effect, not withstanding any breach of contract or any condition by the Courier.
16.2 The Courier is not bound by any agreement which purports to vary these Terms and Conditions unless the agreement is in writing and signed by or on behalf of the Courier by its duly authorized officer.
16.3 These Terms and Conditions are to be governed and construed by the laws of the State of Pennsylvania, Allegheny County, in which the contract is made. Accordingly, any proceedings in respect of any claim, matter or thing against the Courier must be instituted in Pennsylvania, Allegheny County only.
16.4 The clauses and provisions in these Terms and Conditions are severable from each other and if for any reason any clause or provision is invalid or unenforceable, such invalidity or unenforceability does not prejudice or in any way affect the invalidity or unenforceability of any other clause or provision of these Terms and Conditions.