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Terms & Conditions

Terms and conditions:

This page provides you the terms and conditions of RCS websites

Following are the terms and conditions of this websites.

The copyright of this publications is possessed by RCS

If a person is interested to reproduce the contents of this websites, he is subjected to the conditions given below.

·     The material will be used only for providing data and non-commercial purpose.

·     It will not be modified by other person in any way.

·     RCS trademark will not be duplicated.

·     Any portion of the material incorporate the following copyright _____________ All rights reserved.

 

1.      Services.

The Shipper/Sender/Client acknowledges and accepts these terms and conditions and relieving Reliable Courier Services (SMC) Private Limited along with all of its affiliated/associated/group companies (hereinafter referred to as “RCS”) from
any liabilities, responsibilities, claims, proceedings, suits, etc. against any damage, loss or expense suffered in connection with the services hereunder and also agreeing that RCS will only be responsible for the carriage of parcel/goods/cargo which
is the only function and responsibility of RCS. The services offered to the customer are in accordance with the terms and conditions set out herein and in accordance with Reliable Courier Services (SMC) Private Limited published and or specified rates.


2.     No Variation.

These terms and conditions are applicable on all courier, logistics and all other services provided by RCS to the Shipper. No employee, franchisee, agent of RCS or anyone else has any authority to change any of these terms and conditions, or make any promise on behalf of RCS which is in addition to or in conflict with these Terms and Conditions.


3.      Commodities Serviced & Restrictions:-

RCS offers services of general commodities, as usually defined, subject to the following restrictions:

a.      Limitation of Liability of  Losses

Limitation of Liability for Consequential Losses:                             

RCS shall not be liable for any special, incidental or consequential damages (collectively, the “Consequential Damages") including, but not limited to, loss of profit incurred by the Shipper or any other person or company as the result of RCS (or its agents) acts or omissions, including gross negligence or negligence causing damages, failure to deliver, misdelivery, loss or theft of shipment, or late or delayed shipment. In any such event, RCS liability shall be limited to either a refund or credit of the shipping charges. This limitation of liability applies to all shipments, regardless of whether the Shipper has declared a value of the shipment. In no event shall RCS be liable for Consequential Damages even if advised in advance of the possibility of such damages. The Shipper/Sender/Client undertakes that no claim shall be made against any Director, Servant, Employee, Agent, Franchisee, or Sub-Contractors of RCS which imposes or attempts to impose upon them any
liability in connection with any services which are subject to these conditions, and without prejudice to the foregoing, if any such claim is made, to indemnify RCS against all consequences of such a claim.

 

b.     Liability Exclusion by the Carrier

The Carrier shall not be liable for any loss arising due to:

i.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

ii.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.

o   Ionizing radiation or contamination by radioactivity from any nuclear waste from the combustion of nuclear fuel.

o   The radioactive toxic explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof.

iii.Damage directly occasioned by pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic.

iv.Delay, loss of market, or consequential loss of any kind.

v.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).

vi.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).

vii.Damage due to clerical errors or omissions of property delivered wholly or partly to the wrong consignee.

viii.Damage due confiscation, requisition, embargo, nationalization or destruction by any Government or Local
Authority or inadequate or inaccurate documentation.

c.      
Liability of the Carrier.

i.         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 mis delivery 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.

ii.         The Carrier shall only be liable for any noncompliance or mis-compliance with instruction given by the Customer if it is proved that the same was caused by the negligence or default of the Carrier.

iii.       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.

iv.      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.

 

d.    Liabilities Not Assumed.          

The Shipper acknowledges that the consignment/shipment shall be transported by road and/or air and shall therefore be exposed to all risks usually to be associated with such mode of transportation. Subject to the aforesaid, RCS will endeavor

to exercise its best efforts to provide expeditious delivery in accordance with the regular delivery. However, RCS will not, under any circumstances be liable for delay in pick up, transport or delivery of any shipment regardless of the
cause of such delay. Further RCS shall not be liable if a shipment is lost, damaged, mis-delivered or not delivered because of circumstances beyond its control.

These include but not limited to;

  “Act of God” for example including earthquake, cyclone, storm, flood or “force majeure”. For the purposes of these terms and conditions, “Force Majeure” means an event which is beyond the reasonable control of RCS and making it impossible for the purpose of performing its obligations/duties. RCS shall neither be held liable for any delay in or failure to perform or observe its obligations under this terms and conditions, if such failures or delays are caused by “Force Majeure” which includes acts of God such as earthquake, flooding and lightening, wars, riots, stoppage, accident, explosion, fire, government restrictions, act of terrorism or any other cause beyond the reasonable control of RCS. In the event of the occurrence of any of the foregoing, the date of performance shall be deferred for a period of time equal to the time lost by reason of the delay. The act, default or omission of the Shipper/Client/Sender or any other party who claims an interest in the shipment (include violation of any terms and condition hereof) or any person other than RCS or of any Government officials or of the Postal service forwarded or other entity or person to whom a shipment is tendered by RCS or transportation to any location not regularly served by RCS regardless of whether the Shipper/Client/Sender reported or had knowledge of such third party delivery arrangement.The nature of the shipment for any defect, characteristic, inherent vice thereof, even if known to RCS when the Shipper/Client/Sender accepted it Electrical or magnetic energy erasure or other such damage to electronic or photographic images or recording in any form.

 e.       Lawfulness of Shipment/Goods.

    1. It is hereby undertaken and confirmed that the shipment/goods being stored/transported hereunder through RCS have been acquired by the Shipper/Client/Sender lawfully and no law whatsoever has been breached in acquisition thereof. It is further
      undertaken and confirmed that all the relevant and necessary documents pertaining to the shipments/goods are in possession of Shipper/Client/Sender who will be liable and responsible to provide all and any document as and when required by RCS for their onward submission to any Government Agency/Department/Authority etc.
    2. It is further undertaken and confirmed that the Shipper/Client/Sender shall make himself and/or any documents whatsoever available at all material times and in the event that RCS and/or any Government Agency/Department/Authority etc. has any
      query in relation to all and any aspect of shipments/goods.
    3. It is further undertaken and declared that RCS being only responsible for warehousing/transportation of shipments/goods of Shipper/Client/Sender, any liability, loss, claim, demand, action, proceeding etc. as may occasion to RCS shall be made good
      and be fully indemnified by the Shipper/Client/Sender in relation thereto.

f.    Warsaw Convention:

If the transportation of a shipment involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention will apply.The Warsaw Convention governs, and in most cases furthers limits, RCS`s liability
for loss or damage to such a shipment


4.    Tenders:

No Service shall be rendered in the transportation of tenders. Should a Shipper ship a “tender" without written approval from RCS, RCS will not be held responsible in any manner, financially or otherwise, for the consequences of failure to deliver a shipment by a stipulated time.


5.    Right of Inspection:

RCS reserves the right to open and inspect any Shipment tendered to it for transportation, but is not obligated to do so. In this regard, the Shipper/Sender/Client agrees that RCS may open and inspect a shipment for any reason at any time as per its discretion or if required by law and/ or regulations. In that event RCS will exercise all the reasonable care, but it shall not be liable for any damage to the shipment or any delay of the shipment or post arising as a result of any such examination.

 

6.     Rates:

Refer to your rate guide in effect at the time of shipping for specific rates. Rates are subject to change at anytime without notice

 

7.    Refusal of Shipments:


      RCS reserves the right to refuse any Package that by reason of the dangerous nature or any other character of it’s contents is liable, in judgment of RCS, to soil,taint, or otherwise damage other merchandise or equipment, or that is economically
or operationally impracticable to transport, or that is improperly packaged, wrapped, or labeled.

8.    Proper Packaging & Labeling:

 Packaging: (Consider that RCS and its affiliates may operate using a high-speed, high-volume, highly automated distribution system; Shippers must package their shipments in a manner that properly protects the contents during transportation.). Packages tendered to RCS must be packed or wrapped as to meet the requirements set forth. RCS Courier will not be liable for delay, damage to or loss of goods caused or contributed to by defects or inadequacy of the packaging used by the Shipper, or for damage to or loss of the packaging used by the Shipper. The use of RCS – provided packaging is not a guarantee that an item is sufficiently packaged for transportation.

Labeling: Every package tendered to RCS must contain complete From and To details including postal code or Zip code, contact names, telephone numbers and an RCS tracking number.

 

9.   Reweigh:

RCS reserves the right to reweigh shipments, notwithstanding that a weight has been declared on the shipping document. The reweighed weight determined by RCS may be applied for the assessment of rates, and the Shipper agrees to pay same. Reweighing adjustment charges may not be reflected on the same invoice as the original transportation charges.

 

Chargeable Weight:

Transportation charges are based on the greater of the dimensional volumetric weight of the shipment or the gross weight of the shipment. Additional charges for lifter/cranes, special handling would also apply along with agreed rates and
the shipment weight would be charged gross or volumetric whichever will be higher at the time of its final weighing by RCS.

Redirect Charge (Address Correction Charge):

If RCS is unable to deliver any shipment because of an incomplete or incorrect address; RCS will make reasonable efforts in locating the correct address. An additional fee, set forth in the RCS Pricing applicable to the Shipment in effect at the
time of shipping, will be assessed to each Package within the Shipment for this service.

Extended Area Surcharges:

An additional charge may be assessed for shipments picked up from or delivered to certain extended areas or remote locations.

Re-Attempted Delivery Charge:

If for some reason, RCS is unable to deliver a shipment, the Shipper will be notified of the circumstances surrounding the failed attempt, and will request further instructions. If the Shipper requests RCS re-attempt the delivery an additional
charge may apply. Refer to RCS price schedule for cost.

 

Variable Fuel Adjustment Would be Applicable As Per Practice/Arrangements:

All the rates/charges pertaining to the shipments shall be subjected to fluctuation of prices in the fuel and RCS`s decision regarding the same shall be final and binding as per the business array.

Return of Undeliverable packages within Pakistan:

Shipments which are sent “prepaid" by the Shipper and which are refused by the Consignee or which for any other reason cannot be delivered, will be promptly returned to the Shipper with an additional charge being billed to and paid for
by the Shipper. Shipments which are sent “collect" or “third party" by the Shipper and which are refused by the Consignee, or which for any other reason cannot be delivered, shall be promptly returned to the Shipper with all shipping and additional charges billed to and paid for by the Shipper. If the returned Package is refused by the Shipper, or the Package cannot
otherwise be returned to the Shipper, RCS will retain the Package for a period of time determined at its sole discretion, but no more than thirty (30) days, and RCS reserves the right to dispose of the Package thereafter.

Return of Undeliverable International Packages:

International Packages refused by the Consignee, or that cannot be delivered for any other reason, will be held, and the Shipper will be contacted for further instructions. The Shipper will be responsible for payment of all charges, including, but not limited to, forwarding, disposal, or return transportation charges, as well as any duty and tax, if applicable.

Provision for Customs Clearance of International Shipments Export Documentation:

The Shipper must provide the required documentation for customs clearance, except for envelopes containing documentsonly which do not require export documentation but simply identified as “Documents Only". By providing
this documentation, the Shipper certifies to RCS that all statements and information relating to exportation and importation are true and correct. There are civil and criminal penalties including the forfeiture and sale of the shipment that may be imposed for making false or fraudulent statements.

Payment of Additional Expenses:

Customs penalties, storage charges, or other expenses incurred as a result of an action by Customs or failure by the Shipper or Consignee to provide proper documentation or to obtain a required license or permit, will be charged to the Consignee along with any applicable duty and tax. However, the Shipper is liable for payment if the Consignee does not pay.
Additional charges may apply for complex customs clearance procedures which include, but are not limited to: clearance procedures involving a government agency, customs bonds, drawbacks, formal entries involving more than five tariff lines, live entries, marking attendance,

 

Lien of Goods Shipped:

RCS shall have a lien on any goods shipped for all freight Charges, Octroi, duties, advances or any other charges of any kind payable by the Shipper/Sender/Client. Hereunder and may refuse to surrender possession of the goods until such
charges are paid.

 

Proof of Delivery (P.O.D.):

Delivery can be verified by calling RCS or referring to the On-Line tracking system at www.rcsreliable.com

Verbal Proof of Delivery:

Verbal confirmation of delivery is available to both the Shipper and Consignee. The proof of delivery will consist of the name of the person who signed for the Shipment, the time and date the Shipment was delivered.

Taxes:

All applicable Federal and Provincial taxes required by law will be charged on all freight costs and surcharges. The customer agrees to pay RCS any and all taxes assessed to their account.

Future

Changes:

Rates, charges terms and conditions and services are subject to change without notice. The most current rates, charges, terms and conditions and services may be obtained online at www.rcsreliable.com

Service:

Some shipments may be shipped by surface transport and/or handled by an RCS independent contractor. Shipments handled by independent contractors destined to remote delivery areas may be delivered to a centralized delivery location and require the Consignee to pick up the Shipment.

Packages Which Have Been Refused or Are Unidentifiable:

If for any reason a Package or Shipment in the possession or control of RCS cannot be either delivered to the Consignee or returned to the Shipper, including without limitation because the Package or Shipment has been refused or abandoned by the Consignee and or the Shipper or because the Shipper and or Consignee cannot be ascertained for any reason, RCS
will retain the Package or Shipment for a maximum period of 30 days or such longer period of time as in its sole discretion it determines (“Holding Period"). At the expiration of the Holding Period, RCS is deemed to have fulfilled all obligations that it may as common carrier; the Shipper and Consignee will be deemed to have relinquished any and all proprietary rights in
Packages and Shipments and or their contents which remain unidentified and or undeliverable (“Unclaimed Goods"); and to the fullest extent permitted by law, full and clear title to the Unclaimed Goods will pass to RCS.

Following the Holding Period, RCS may dispose of the Unclaimed Goods in any manner it elects, including without limitation by sale or consignment to a third party and the sole recourse of the Shipper and or Consignee shall be in accordance with this section. 

Governing Law

Any dispute arising under or in any way connected with these Terms and Conditions shall be subject, for the benefit RCS, to the non-exclusive jurisdiction of the courts of, and governed by the law of, the country of origin of the Shipment
and the Shipper irrevocably submits to such jurisdiction, unless contrary to applicable law.

Severability

The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions.

 

RCS trademarks:

Customer’s feedback:

RCS needs your input and appreciate your thoughts and proposal but found difficult to reply each question and comment independently. RCS is free to utilize and act on any data you submit.

Usage of Interactive highlights of this website:

RCS gives interactive highlights on this website, like access to customer comments and tracking. You have the
authority to utilize these features exclusively for the specified purpose and no other purpose.

Confidential information:

Information given to RCS by visitors to the site is considered as most secret and will not be uncovered by RCS to the third party but, as may be required by the provision of these services unless otherwise agreed in written form.

RCS services and Products:

The transportation items and specified services in these web pages are subjected to RCS terms and conditions. Since these may changes depending on the area of the nation of the origin of consignment, you are requested to contact the nearest RCS service center to take the duplicate of terms and conditions. All the RCS services and products are not accessible in each country.

Limitations of Obligations:

To extent allowed by the law, in no occasion should RCS its licensors or partners or any third party specified at
RCS website be obligated for any accident, circuitous, punitive and exemplary and considerable damages, damages due to
misplaced data, lost profit, business interruption, failure to utilize the RCS websites and RCS system, contents, information or services whether these are based on the contract delict tort, warranty or any legal theory and whether or not the RCS is exhorted of the plausibility of such harms. Without restricting the prior, to the extent allowed by the appropriate law, you concur that in no occasion should RCS total responsibility to any harm or misfortune regardless of the claim or action whether in tort, contract or otherwise exceeds EUR 100. To the degree permitted by the law, the remedies mentioned for you in these terms and conditions are elite and are constrained to those explicitly given for in terms and conditions.

Viruses:

RCS makes all sensible endeavors to prevent these websites from any virus. RCS cannot ensure this prohibition and no risk is acknowledged for virus. You are requested to take all reasonable safeguard before the start of downloading information from our websites.

Accurate website:

RCS web pages may contain incidental inaccuracies or typographical blunders. These will be rectified at RCS watchfulness, as they are found. The data on these web pages is overhauled frequently, but inaccuracies may accure or remain where variation happen among updates. The web is kept up independent at various sites all around world and few data accessed from these web pages may originate exterior of RCS. RCS prohibits any commitments or obligation for this contents.

Disclaimer of Warranty:   

The administration, information and contents on this website are given on an’as is ‘basis. RCS to the fullest degree allowed by the law renounces all the warranties, whether express, suggested, statutory or something else including but this is not limited inferred warranties of non-infringement, merchantability of third party fitness and rights for a special purpose. RCS
its licensors and affiliates make no warranties or representations about, completeness, accuracy, timeliness of the service, security, information or contents given on or from the RCS system or its websites. No data obtained from RCS system or its website should make any warranty not explicitly express by RCS in these terms and conditions.

Few jurisdictions don’t permit limitations of suggested warranty. So the exclusion and limitations in given section may not apply to you. In case you people are dealing with RCS as a consumer, these arrangements do not influence your statutory rights that cannot be deferred, if any. You acknowledged and agreed that exclusion and limitations of warranty and liability given in these terms and conditions are reasonable and fair.