GENERAL TERMS AND CONDITIONS

By using the service provided by the company. These terms and conditions constitute a legally binding agreement between the Company and the Customer. As consideration for and acting upon an agreed quotation with respect to freight or other charges in connection with services provided by the Company, the Customer and the Company agree as follows:­

Definitions

“Company” shall mean Prodigy Courier Service including its agents and employees.
“Customer” shall mean the individual or entity for which the Company is rendering its service, including its agents and representatives.

  1. The Customer warrants that he/she is either the owner of the goods or the authorized agent of the owner and that he is accepting these conditions not only for themselves also as agent for and on behalf of the owner.
  2. The Customer shall be unequivocally responsible for all freight or other charges pursuant to these Terms and Conditions, notwithstanding that:
    (a) The Customer may be a licensed customs broker or consignee’s agent or other agent; or
    (b) The Customer expects payment of such charges to be made by another person or agent.
  3. The Customer agrees that their obligation to pay freight or other charges is governed by these Terms and Conditions printed herein and the terms and conditions printed on the reverse of any Bill of Lading/Air Waybill governing the carriage of the Customer’s goods.
  4. In the event that there is any dispute and/or conflict between the terms and conditions contained in the relevant Bill of Lading/Air Waybill or those contained herein as between the Company and the Customer, these Terms and Conditions shall take precedence over any such terms.

The Customer warrants that:

(a) all instructions and information furnished with respect to the goods or services required by or on behalf of the Customer, are accurate and valid. The Customer further undertakes to provide independent confirmation of such particulars on the request of the Company. Any storage/demurrage charges and/or other penalties occurring as a result of the failure to provide accurate or valid information will be for the Customer’s account;

If the Customer fails to comply with the requirements in sub­clause (a), the Customer shall indemnify the Company against all loss, damage or expense arising out of the goods being tendered for transportation or handled or carried by or on behalf of third parties retained by the Company.

Where the Customer or owner of the goods fail to take delivery after the expiry of sixty (60) days from the Company’s notification or acknowledge refusal of package, that such goods are available for collection, the Company shall be entitled to store the goods, or any part thereof, at the sole risk of the Customer or owner of the goods, whereupon the Company’s liability in respect of the goods, or that part thereof, shall wholly cease. The Customer hereby consents and irrevocably authorizes the Company, to advertise and sell such goods or any part thereof, either by private sale and/or public auction and apply the proceeds of same to any debt due and owing by the Customer (including statute­barred debts and/or any credit charge and/or any collection and/or legal costs arising in respect of the same) and any net proceeds remaining thereafter shall be refunded to the Company. The Customer hereby further agrees that the Company shall not be responsible for any deficiency between the value of the goods and the amount received. All costs incurred by the Company as a result of the failure to take delivery shall be for the Customer’s account, and such costs shall be paid by the Customer to the Company.

Quotations as to fees, rates of duty, freight charges and other charges are given by the Company to the Customer as its best estimate, on the basis of immediate acceptance and are subject to change without notice. Where variations and additional charges beyond the Company’s control are incurred any such variation or additional charge

The Company shall be relieved of liability for any loss or damage, if and to the extent that such loss or damage is caused by strike, lock­out, stoppage or restraint of labor or any event of force majeure or any other cause or event which the Company is unable to avoid and the consequences of which the Company is unable to prevent by the exercise of reasonable diligence

The Terms and Conditions contained herein may only be modified, altered or amended in writing both the Customer and Company; any attempt to unilaterally modify, alter or amend same shall be null and void.