1. Interpretation of Terms
In these terms and conditions of trading the following terms shall have the following meanings:
(a) “The Carrier” shall mean Indian Courier Service and unless the context precludes, the same shall include the Carrier’s servants, agents and any person or persons carrying any goods under any contract with the Carrier.
(b) “Customer” shall mean any person who contracts for the services of the Carrier and shall include the Customer’s servants or agents
(c) “Vehicle” shall mean any motor van, motor car or motorcycle used by the Carrier for the delivery of goods of the Customer
(d) “Consignment” shall mean either a single package or an accumulation of packages being carried simultaneously by the same vehicle.
(a) The Carrier is not a Common Carrier.
(b) The Carrier will accept goods for carriage only on these terms and conditions and no servant or agent of the Carrier has any authority to alter or to vary these conditions in any way. Any variation must be agreed to in writing by the Carrier.
(c) The Carrier may in its own absolute discretion employ, or entrust the carriage of any goods to others to perform part or all of the services.
(d) Subject to any express instructions received from the Customer, the Carrier reserves to itself absolute discretion as to the means, route and procedure to be followed in the carriage of the Customer’s goods, and in the handling and transportation thereof. The Carrier reserves the right to depart from any express instructions of the Customer, if at any stage it is deemed necessary or desirable in the interest of the Customer to depart from these instructions.
(e) The Customer consigning goods to the Carrier for carriage and delivery hereby expressly warrants that it is either;i)the owner of the goods or ii) the authorized agents of such owners and has the full authority of the owners to accept these terms and conditions not only for itself but also as agents for and on behalf of the owners or such other persons who may thereafter becomes interested in the goods.
(a) The Customer warrants that all goods entrusted to the Carrier have been properly and sufficiently packed, labeled, and prepared for carriage.
(b) It shall be the responsibility of the Customer to satisfy itself that any goods it wishes to have carried and delivered by the Carrier shall be suitable for conveyance by the vehicle to be provided by the Carrier, and, if the Customer accepts the vehicle provided, the Carrier shall be under no liability whatsoever for any loss or damage to such goods arising from the unsuitability of the vehicle
(c) The Customer authorizes the Carrier or his agents to open and inspect the shipment for any reason at any time.
(a) The Carrier will not accept or deal with any noxious, dangerous, hazardous, inflammable or explosive goods or any goods likely to cause damage. Should the Customer nevertheless (whether knowingly or unknowingly) deliver such goods to the Carrier, or cause the Carrier to handle or deal with any such goods, then the Customer shall be liable for all loss or damage whatsoever and howsoever caused by, or to, or in connection with, such goods, howsoever arising, and the Customer shall indemnify the Carrier against all penalties claimed, damages, cost and expenses, whatsoever arising in connection therewith, and the Carrier at its sole discretion and without being liable for any loss suffered by the Customer as a result thereof may destroy or otherwise deal with such goods.
b)The Carrier will not, except by prior arrangement, accept or deal with livestock, bonds, bills of exchange, promissory notes, money, securities for money, stamps, precious and semi-precious metals and stones, jewellery, watches, furs, bullion coins, antiques or pictures. Should the Customer nevertheless delivery any such goods to the Carrier or cause the Carrier to handle or deal with any such goods, the Carrier shall be under no liability whatsoever for, or in connection with the goods howsoever arising.
5.Liability Exclusion by the Carrier
The Carrier shall not be liable for any loss arising due to:
(a) any consequence of war, invasion, act of foreign enemy, hostilities (whether war be declared or not) civil war, rebellion, revolution, insurrection, military or usurped power, riot, strike or civil commotion
(b) damage of any property whatsoever or any loss or expenses whatsoever, resulting or arising therefrom, or any consequential loss or any legal liability of whatsoever nature, directly or indirectly, caused or contributed to by, or arising from:
i)ionizing radiation or contamination by radioactivity from any nuclear waste from the combustion of nuclear fuel.
ii) the radioactive toxic explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof
(c) damage directly occasioned by pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic.
(d) delay, loss of market, or consequential loss of any kind
(e) any consequence of wear and tear, frost, damp, mildew, rust, vermin, moth, insect, inherent vice, depreciation or deterioration (unless directly consequent upon fire, theft or overturning or collision of the conveying vehicle)
(f)breakage of glass, china or other articles of a similar nature, bruising and scratching of furniture, leakage, spillage or electrical or mechanical derangement (unless directly consequent upon fire, theft or overturning or collision of the conveying vehicle)
(g) damage due to clerical errors or omissions of property delivered wholly or partly to the wrong consignee.
(h) damage due confiscation, requisition, embargo, nationalisation or destruction by any Government or Local Authority or inadequate or inaccurate documentation
i)in the case of damage to any part of a machine consisting (when complete for sale or use) of several parts, any claim other than for the value of the part damaged and for charges incidental to replacement thereof
ii) theft, or any attempt thereat, of non-ferrous metals, wines spirits, tobacco, cigarettes, cigars, domestic audio and television equipment and domestic appliances
6.Liability of the Carrier
(a) the Carrier shall be liable for loss or damage by reason of theft or any attempt thereat (except as provided for by clause 5 (j) of these conditions or in respect of any item convered by clause 4 (b)
(b) the Carrier shall only be liable for any loss or damage to goods for non-delivery if it is proved that the loss, damage, non-delivery or misdelivery occurred whilst the goods were in the actual custody of the Carrier, under its actual control, and that such loss, damage, non-delivery was due to the negligence or default of the Carrier. In the event of the Carrier providing a vehicle for transporting the goods accompanied by an employee or the servant of the Customer then such goods and any personal effects of such employee or servant shall be solely at the risk of the Customer and the Carrier shall incur no liability of any kind in respect thereof
(c) the Carrier shall only be liable for any noncompliance or miscompliance with instruction given by the Customer if it is proved that the same was caused by the negligence or default of the Carrier
(d) without prejudice to the generality of the foregoing, the Carrier shall be under no liability whatsoever arising from any delay, which is not due to the negligence or default of the Carrier
(e) save as aforesaid, the Carrier shall be under no liability whatsoever, howsoever arising and whether in respect of or in connection with any goods or any instructions, business advice, information, service, or otherwise.
7.Limitation of Liability
(a) the liability of the Carrier shall be limited to local currency 100 in respect of any one consignment of goods for any one Customer for any loss or damage to any goods arising by reason of any accident, theft (or any attempt thereat)or negligence of the Carrier
(b) the Carrier shall not be liable for any loss of any part of any consignment of goods (whether comprising one or more packages or parcels), or for the loss or non-delivery of the whole of any consignment of goods, or for damage or delay or detention thereof or any part thereof, however caused unless the Carrier is advised thereof in writing of the general nature of the loss or damage or misdelivery (as the case may be) within 5 working days of the loss, damage or misdelivery occurring and a qualified claim is made withing 28 days after the occurrence. “Working days” shall mean Saturdays to Thursdays (inclusive) but excluding Bank holidays and Public holidays
8.Quotation, Payments and Accounts
(a) all quotations and estimates given by the Carrier for its services are given on the basis of prompt acceptance by the Customer and shall only remain open for the period of 30 days unless revoked or withdrawn within that period in acceptance.
(b) all sums shown to be due to the Carrier on its invoices sent to the Customer shall be paid to the Carrier forthwith without any deductions, and payment shall not be withheld or deferred on account of any claim, counterclaim, or set- off.
(c) all credit accounts are rendered monthly and are subject to settlement within 7 days of date of invoice.
9.Online Payment Terms
• Any dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of UAE.
• United Arab of Emirates is our country of domicile.
• Minors under the age of 18 shall are prohibited to register as a User of this website and are not allowed to transact or use the website.
• If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection.
• The cardholder must retain a copy of transaction records and Merchant policies and rules.
• “We accept payments online using Visa and MasterCard credit/debit card in AED
• ICS will NOT deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the law of UAE”.