DUMA EXPRESS PARCEL TERMS AND CONDITIONS OF CARRIAGE.
When ordering Duma Express Parcel services you as shipper are agreeing on your behalf and on behalf of anyone else with an interest in the shipment that the terms and conditions shall apply for the time that Duma Express Parcel accepts the shipment unless otherwise agreed in writing by an authorised officer of Duma Express Parcel. Your statutory rights and entitlements under any defined service feature (for which additional payment has been made) are not affected.
Shipment means all documents or parcels that travel under one way bill and may be carrued by any means Duma Express Parcel chooses, including air, road or any other carruer within the Republic of Kenya. A 'waybill' shall include any label produced by Duma Express Parcel automated systems, air waybills or consignments note and incorporate these Terms and Conditions. Every shipment is transported on a limited liability basis as provided herein. If shipper requires a greater protection, then Shipment Value Protection may be arranged at an additional cost. (Please see below for further information).
1. Unacceptable Shipments
Shipper agress that its shipment is acceptable for transportation and is deemed unacceptable if:
It is classified as harzadous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civic Aviation Organisation), any applicable government departmentbor relevant organisation or Duma Express Parcel decides it can not transport any item safely or legally (such items include but are not limited to: animals, bullion, currency, bearer form negotiable Instruments, precious metals and stones, fire arms, parts thereof and ammunition, human remains, pornography and illegal narcotics/drugs.
2. Deliveries and Undeliverable.
Shipment can not be delivered to P.O Boxes or Postal Codes. Shipments are delivered to the receivers address given by Shipper (which in the case of the mail service shall ve deemed to be the first receiving Postal Service) but not necessary to the named Receiver personally. Shipments to addresses with a central receiving area will be delivered to that area. If receiver refuses delivery or to pay for delivery, or the shipment is deemed to be unacceptable, or receiver can not be reasonably identified or located, Duma Express Parcel shall use reasonable efforts to return the shipment to Shippers Cost, failing which the Shipment me be released, disposed off or sold by Duma Express Parcel without incurring any liability whatsoever to shipper or anyone else, with the proceeds applied against service charges and related administrative costs and the balance of the proceeds of a sale to be returned to shipper. Further, Duma Express Parcel shall not deliver cash in any currency nor accept responsibility of the same.
3. Shipment Charges and Billing.
Duma Express Parcel Shipment charges are calculated according to the higher of actual or volumetric weight and any shipment may be re-weighed or remeasured by Duma Express Parcel to confirm this calculation, shipper shall pay or reimburse Duma Express Parcel for all shipment charges, storage charges, and taxes owed for servuces provided by Duma Express Parcel on shippers or receivers or any third parties' behalf and all.
4. Duma Express Parcel Liability.
Duma Express Parcel contract with shipper on the basis that Duma Express Parcel liability is strictly limited to direct loss only and to the per kilo/lb limits in this section 6. All other types of loss or damages are excluded (including but not limited to lost profits, income, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to Duma Express Parcel's attention before or after acceptance of the shipment since special risks can be insured by Shipper. If a shipment combines carriage by air, road or other mode of transport it shall be presumed that any loss or damage occured during the air period od suxh carriage unless proven otherwise. Duma Express Parcel liability on respect to any one shipment transported, without prejudice to sections 7-11, is limited tonits actual cash and shall not exceed the greater of Kshs.3500/=.
Claims are limited to one claimer Shipment settlement of which will be full and final settlement for all loss or damages in connection therewith. If shipper regards these limits as insufficient it must make a special declaration of value and request insurance as described in section 8 (Shipment insurance) or make its own insurance arrangements, failing which shipper assumes all risks of loss and/or damage.
5. Limits for Claims.
All claims must be submitted in writing to Duma Express Parcel within fourteen (14) days from the date Duma Express Parcel accepted the shipment, failing which Duma Express Parcel shall have no liability whatsoever.
6. Shipment Insurance (Not available for mail service)
Duma Express Parcel can not arrange insurance for shipper covering the actual cash value in respect to loss or physical damage to the shipment. Shipment insurance does not cover indirect loss or damage, or damage caused by delays.
7. Delayed Shipments.
Duma Express Parcel will make every reasonable effort to deliver the shipment according to Duma Express Parcel's regular delivery schedules, but these are not guaranteed and do not form part of the contract. Duma Express Parcel is not liable of any damages or loss caused by delays.
8. Circumstances Beyond Duma Express Parcel.
Duma Express Parcel is not liable for any loss or damages arising out of circumstances beyond Duma Express Parcel's control. These include but are not limited to:- 'Act of God' e.g Eathquakes, Hurricanes; riot or civil commotion and unrest; any act of omission by a person not employed or contracted by Duma Express Parcel e.g shipper receiver, third party and other governmental officials, industrial action; and electrical or magnetic damage to, or erasure of electronic or photographic images, data or recordings.
9. Shippers Warrant and Indemnity
Shippers shall indemnify and hold Duma Parcel Express harmless for any loss or damage arising our of shippers failure to comply with any applicable laws or regulations and for shippers breach of the following warranties and representations:
All information provided by shippers or its representatives is complete and accurate
The shipment was prepared in secure premises by shippers employees.
Shippers employed reliable staff to prepare the shipment
Shipper protected the shipment again unauthorized interference during preparation, storage and transportation to Duma Express Parcel.
The shipment is properly marked and addressed and packed to ensure safe transportation with ordinary care in handling and
The waybill has been signed by shippers authorised representatives and the items and conditions constitute binding and enforceable obligations of shipper.
Shipper agrees to all routing and diversions, including the possibility that the shipment may be carried via intermediate stopping places.
11. Governing Law.
Any dispute arising under or in any way connected with these terms and conditions shall be subjected, for the benefit of Express Parcel, to the non-exclusive jurisdiction of the courts of, and governed by the laws of Kenya of origin of shipment and shipper irrevocably submits to such jurisdiction, unless contrary to applicable law.
The invalibility or unefforcability of any provision shall not effect any other part of these terms and conditions.