Conditions of Contract
1. As used in these Conditions of Contract and Carriers Limitation of Liability referred to above “Agreement” means the provisions of this Courier Waybill including the Carrier’s Limitation of Liability. Conditions of Contract and any other provisions of the Courier Waybill “Carrier” means Domestic Express (Pvt) Ltd (The Last Mile). “Courier Waybill” means this document including the face, reverse and annexures, if any, thereto “Client” means the Shipper who hands over the Shipment under this Courier Waybill for delivery by courier to the Carrier and its principal, agents and employees and named on the face hereof. “Shipment” means all documents or parcels or both that are transported under one Courier Waybill.
2. Carriage hereunder is subject to the rules relating to liability referred to above and the provision Contained in the Agreement. The Client by handing over the Shipment for delivery agrees to abide by the Agreement and the rules relating to liability.
3. In case of loss or damage of a part of a Shipment the weight to be taken into account in determining Carrier’s limit of liability shall be only the weight of the package or packages concerned.
4. No oral agreements will be acceptable as legally binding.
5. The Client by handing over the shipment to the Carrier certifies that the details relating to the Shipment are complete and accurate, and that Shipment is properly marked, addressed and packed to ensure safe transportation with ordinary care in handling. The carrier shall not accept responsibility for any fragile or other sensitive items if the carrier is not informed prior or at the point of pick up as to the nature of the package.
6. All packages given to Domex should be properly packed by the Customer. Domex cannot take responsibility for any breakage or damage of fragile / liquid of other items during transportation.
7. The Client shall notwithstanding any instruction to the contrary from the Client be primarily responsible for all charges, taxes and legal costs, related to this Shipment. The Client shall also be responsible for any costs the Carrier may incur in returning the Shipment to the client or as by the client.
8. The client shall and will , without exception , expressly state and agree by handing over a package that the package does not include any illegal substance or that the package is being used to transport a good that will be used for illegal purpose and/or that the client has all approvals and rights to own, transport and sell or use the said items in the package.
9. If any document or package is damaged when within the Carriers custody, and if and when proven without a doubt of the nature of the transgression, maximum coverage per waybill (for any item valued up to Rs. 25,000) will be Rs. 5000. Any damage claims valued above Rs.25,000 will be paid according to the goods in transit insurance policy.
(Excluding bank notes, Treasury notes , Bullion , money, Securities, Stamps, Lottery tickets, Manuscripts, Patterns, Models, Moulds, Prototypes, Plants, Designs , Software, Explosives and Dangerous goods, Fuel and Inflammable goods , Weapons , Ammunitions , Fish Meal, Livestock , Blood stock, Live Plants , Precious and / Or Semi - Precious Items (Such as Jewellery, Watches , Stones , Metals or Articles composed of a studded with Specific Precious /Semi –Precious Items) , Furs , Pictures , Antiques , Curios, Frozen Items )
10. If any document or package is lost when within the Carriers custody, an internal inquiry will be made and upon the conduction of a cooperative investigation, and if and when proven without a doubt to the nature of the transgression, full amount of damages will be paid to the Client only up to the amount mentioned in the Waybill.
11. When goods are accepted or dealt with upon instructions to collect freight, duties, charges or other expenses from the consignee or any other person the Client shall remain responsible for the same if they are not paid by such consignee or other person immediately when due.
12. The Courier holds the right to not accept for transport any goods that include money, coins, gold, anything equivalent to cash such as stocks or bonds, seafood, poultry, meat and any items that are deemed as illegal under Sri Lankan law. The carrier shall not be liable in any manner whatsoever for shipments of such items accepted by mistake.
13. The carrier shall be entitled in its absolute discretion to reject or refuse to deliver any shipment or any packages included in a shipment without stating any reasons therefore.
14. The carrier should be advised by the client of any items included in a Shipment which are of exceptional, high, special or sentimental value. However, the carrier’s limitation of liability shall not be affected in any way by the notification received from the client of such value of a shipment. It is the obligation of the client to take appropriate policies of insurance in respect of the transportation of such items of exceptional, high, special or sentimental value.
15. The Carrier is not liable for any loss, damage, or delay, directly or indirectly arising out of compliance with laws, government regulations, orders or requirements, or from Natural disasters, - e.g. earthquake, cyclone, storm, flood, fog, Force Majeure, - e.g. war, plane crash, embargo, government mandated curfews or lockdowns, Vis Major or, any other cause or event which the Carrier is unable to control or avoid and the consequences whereof the Carrier is unable to prevent by the exercise of reasonable diligence.
16. When no part of the shipment is delivered, a claim with respect to such shipment will not be entertained unless transportation charges thereon has been paid.
17. The person entitled to delivery must make a complaint to the Carrier in writing in the case of damage to the goods, immediately after discovery of the damage, with proof beyond a doubt. And at the latest within 7 days from receiving the goods in the case of non-delivery.
I. Receiver must make their complaint to the Carrier if any visible damages to the goods are found at the time of delivery. As mentioned earlier, the Domex representative will only wait for a few minutes for verification purposes.
II. In the case of non-delivery of goods, the Carrier must be notified within 7 days from the issue date of the Courier Waybill. Failure to do so will absolve the Carrier from all liability.
18. Any rights to damage against Carrier shall be extinguished unless an arbitration is commenced within three (03) months from the date of arrival at the destination, or from the date on which the shipment ought to have arrived.
19. No agent, servant or representative of Carrier has authority to alter, modify or waive any provision of this contract.
20. Customer warrants that all information furnished on Waybill is true and correct and that he / she / they understand that the liabilities of carriage are limited and as per the standard conditions of carriage of Domex which is attached herewith.
Any doubt, difference dispute controversy or claim arising from out of or in connection with this agreement or the shipment by the client on the interpretation of this agreement or on the rights, duties, obligations or liabilities of the client or the carrier or on the operation, breach, termination or invalidity of this agreement shall be referred for determination to arbitration by one arbitrator appointed by the carrier who shall be a former judge of any court in Sri Lanka.
Note:
Domex reserves the right to reject any of the following.
• Cash (any currency), Cash Cheques, Jewellery and equivalents, Active prepaid cards or any other materials, Firearms, Explosives, Drugs, Furniture which are prohibited by the law of Sri Lanka. (DOMEX does not take any responsibility for above items).