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IMPORTANT NOTICE TO CUSTOMERS
CARGO PADALA EXPRESS FORWARDING SERVICES CORPORATION (CaPEx), its officers, employees, and agents shall not assume liability for losses and damages under circumstances stated under Condition No. 9. In the event that CaPEx / its officers / employees / agents is / are made liable, the limit of its / their liability shall be strictly limited to the amount stated under Condition No. 6. Customers are therefore advised to purchase cover to guarantee that they are fully insured.
Terms and Conditions
By tendering the materials for shipment via CaPEx and manifested through this Waybill, the Shipper agrees to the terms and conditions stated herein. No employee or agent of CaPEx may alter or deviate from anything indicated and stipulated under these terms and conditions.
1. CONSIGNMENT NOTE or Waybill: This Waybill is NON-NEGOTIABLE and the Shipper acknowledges that it has been prepared by the Shipper or by a representative of CaPEx on behalf of the Shipper. The Shipper warrants that it is the owner of the goods transported or it is the authorized agent of the goods, and that it hereby accepts the terms and conditions for itself or as agent on behalf of any person having interest in the shipment. In case of shipment under credit, an official receipt shall be issued by CaPEx aside from the previously issued consignment note on Waybill, upon full payment of the mount indicated therein.
2. SHIPPER/S’ OBLIGATIONS AND ACKNOWLEDGEMENTS: The Shipper warrants that each article in the shipment is properly described on this Waybill and has not been declared by CaPEx to be unacceptable for transport as listed under Condition No. 3, and that the shipment is properly marked, addressed, and packed to ensure safe transportation with ordinary care in handling. The Shipper hereby acknowledges that CaPEx may abandon and/or release any item for shipment declared unacceptable without incurring any liability whatsoever to the Shipper, and the Shipper shall not hold CaPEx liable for all indemnities, claims, damages, liens, and expenses arising therefrom. The Shipper shall be solely liable for all costs and expenses related to the shipment and for the cost incurred in, either returning the shipment to the Shipper or warehousing the shipment pending disposition. The Shipper acknowledges that CaPEx reserves the right to refuse or abandon the carriage or transportation of any goods for any person, firm, company and that CaPEx carries or transports any class of goods at its discretion. The Shipper acknowledges the right of CaPEx: (a) to dispose highly perishable cargo if it remains unclaimed for twenty-four (24) hours after notice to claim the cargo or after its arrival at the port/point of destination; and (b) to dispose non-perishable cargo if it remains unclaimed for thirty (30) days from the date of its arrival to its destination. CaPEx assumes no obligation to release the cargo unless the corresponding storage and other fees are paid, if any, to CaPEx. Storage Charge shall be applied based on the applicable fee of CaPEx after 48 hours from the time of arrival of cargo or from the time of first failed delivery attempt.
3. PROHIBITED SHIPMENT: Any prohibited drugs, narcotics, and all other articles prohibited for shipment or carriage as defined by Philippine laws shall not be accepted for shipment. Any corrosive material, inflammable item, acid chemicals, toxic liquids, dangerous articles, easily breakable items, perishable goods, cash, money orders, treasury warrants, cashier’s explosives, glass China wares, casting, goods which are brittle or fragile by nature or unprotected pieces including demijohns of all kinds, and all other articles of similar nature are accepted for shipment only at SHIPPER’S / OWNER’S RISK.
4. RIGHT TO INSPECTION OF SHIPMENT: CaPEx has the right, but in no way obliged, to inspect any shipment, including but not limited to, opening of the shipment.
5. LIEN ON GOODS SHIPPED: CaPEx shall have a lien on all goods shipped for freight charges and/or advances or other charges of any kind arising out of transportation hereunder and may refuse to surrender possession.
6.LIMITATION OF LIABILITY: Without prejudice to Condition No. 8, the liability of CaPEx for any loss or damage to shipment, which term shall include all documents or parcels to be delivered by CaPEx under this Waybill, is limited to the following, whichever is the least:
a. Five Hundred Pesos (PhP 500.00) is the maximum liability. To obtain higher limits of liability, the Shipper must declare a greater value with corresponding additional freight charges, cost of liability not exceeding Eight Hundred Pesos (PhP 800.00) under this Waybill. In cases where customers wish to ship cargoes with declared value exceeding PhP 800.00, they will have to make a special arrangement with CaPEx to facilitate endorsement of coverage from their insurance company prior to acceptance of shipment. The liability of CaPEx shall be subsidiary only to that of the insurer which covered the shipped cargo, the insurance being made in favor of the shipper and/or consignee.
b. The amount of loss or damage to a document or parcel, actually sustained
c. The actual value of the document as determined under Condition No. 7 hereof, without regard to each commercial utility or special value to the Shipper
d. The declared value by the Shipper as appearing on the Waybill.
7. ACTUAL VALUE:
a. The actual value of a document (which term includes any item of no commercial value) which is transported hereunder shall be ascertained by reference to its cost preparation, replacement, reconstruction or reconstitution at the time and place of shipment, whichever is less.
b. The actual value of a parcel (which term shall include anything of commercial value) which is transported hereunder shall be ascertained by reference to its cost of repair and replacement, resale at fair market value at the time and place of shipment, whichever is less. In no event shall such value exceed the original cost of the article paid by the Shipper plus Ten Percent (10%).
8. CONSEQUENTIAL DAMAGES EXCLUDED: CaPEx shall not be liable in any event for any consequential or special damages or other indirection, however arising, whether or not CaPEx had knowledge that such damages might be incurred, including but not limited to, loss of income, profits, interest, utility or loss of market.
9. LIABILITIES NOT ASSUMED: While CaPEx will endeavor to exercise its best effort to provide expeditious delivery in accordance with regular delivery schedules, CaPEx will not under any circumstances be liable for delay in pick-up, transportation or delivery of any shipment, regardless of the cause of such delay. Further, CaPEx shall not be liable for any loss, damage, mistaken delivery or non-delivery due to the following:
a. Due to acts of God, fortuitous event, force majeure, or any cause or reason beyond the control of CaPEx; or
b. Caused by:
(b.1) The act of default or omission of the Shipper, the consigning or any other party who claims an interest, including violation of any term or condition hereof or of any person other than CaPEx regardless of whether the Shipper requested or had acknowledged such third-party delivery arrangement.
(b.2) The nature of the shipment or other defect, characteristics or inherent vice thereof.
(b.3) The electrical or magnetic injury, erasure or other such damage to electronic photography images or recordings in any form.
10. CLAIMS:
a. Any claim must be notified to CaPEx Claims Department within twenty-four (24) hours from the time of acceptance of cargo and must be brought by the Shipper or Consignee and presented in writing to the office of CaPEx at Head Office in Domestic Road, Pasay City at which the shipment was accepted by CaPEx within seven (7) calendar days from the date of acceptance. Claims made beyond the 7-day period from the time of acceptance of shipment by CaPEx may no longer be entertained.
b. No claim for loss or damage will be entertained until all transportation charges have been paid. The amount of any such claim may not be deducted from any transportation or freight charges due to CaPEx.
c. If the shipment shows signs of tampering at the time of delivery to consignee, any claim for loss or damage of any document may not be entertained and considered valid unless the consignee notes the said loss or damage on the Proof of Delivery or Carrier’s Duplicate Copy.
11. APPLICABILITY: Terms and conditions shall inure to the benefit of CaPEx and its authorized agents and affiliated companies, their officers, directors, and employees.
12. GOVERNING LAW AND VENUE: This Agreement shall be governed by and construed in accordance with the laws of the Philippines, without regard to any conflict of laws. Exclusive jurisdiction over venue of any suit arising out of or relating to this Agreement shall be in Pasay City, Philippines.
13. OTHER WARRANTIES BY THE SHIPPER: (a) That the shipper has communicated/will communicate with the consignee/owner regarding the shipment; (b) That the consignee/owner shall pay in case the mode of payment is Cash on Delivery (COD), regardless of whether or not the consignee/owner was actually informed of the charges by the shipper or by CaPEx; and (c) That the shipper shall pay the charges if the consignee/owner does not pay in case of COD, regardless of whether or not the consignee/owner was actually informed of the charges by the shipper or by CaPEx.