The terms and conditions of carriage between the service provider Ikima Express Pvt. Ltd., its subsidiary organization or agents and the consignor/shipper from the consignor’s shipping address (*sometimes the office of Ikima Express Pvt. Ltd. and its subsidiaries) to the provided destination of the consignee provided by the consignor are as follows.
(a) From here on Ikima Express Pvt. Ltd. will be referred to as IE, consignor/shipper as consignor and the consignee/receiver as consignee.
(b) Once the booking is made and in person or through application consignor will be provided with a house airway bill number and this means an agreement has been reached. The terms and conditions mentioned in this agreement shall be in effect once both the parties; IE and Consignor, sign an house airway bill physically or electronic. Once the consignee receives the consignment, checks and then signs the airway bill physically or electronic the terms and conditions mentioned here shall immediately be meritless.
(c) The agents from which the consignment is booked shall be referred to as agents, irrespective of their business name.
(d) Proof of Delivery in this agreement in abbreviation is POD.
2. IE commitment
(a) IE agrees to transport the consignment received by IE to the pre-agreed destination as provided by the consignor which should be written in this agreement. IE is not liable for miss handling or changes in destination after agreement has been reached.
(b) IE has absolute authority to use various modes of transportation, route and process to transport the consignment to pre-agreed destination as mentioned in schedule 2 (a).
(c) IE is responsible for any damages, misplace or loss of consignment when the consignment is in IE’s custody.
3. Prohibited Items for Carriage
(a) IE will not transport consignment that are prohibited by the governing law, regulations and policies set by government of Nepal or any other countries law.
(b) IE has the right not to transport consignment of dangerous nature if deemed so by IE’s own accord or laws, regulation and policies as mentioned in 3. (a).
(c) Consignments with dangerous goods as stated in International Civil Aviation Organization (ICAO) technical instructions and International Air Transportation Association (IATA) dangerous goods regulations will not be transported by IE.
4. Claims against IE
(a) Claims against IE should be made in writing to IE within 14 days of consignment being received and signed by the consignee, but the claim first should be made at the time of receiving the goods by the consignee, after checking the consignment than can only the consignee report damage to the delivery agent on the spot. From which further procedural will take place from IE. The claims made will only be addressed when the amount for transportation is made in full prior to shipment. Claims will not proceed if there is due in the original invoice prior to the time of transportation of consignment.
(b) If the consignor and consignee fails to report damage or misplacement of consignment of goods within 14 days of transportation of goods IE will not be liable for claims put forward after 14 days. IE will assume the consignment has been delivered in good condition if the above mentioned (Schedule 4.a and 4.b) is not made.
(c) IE is not liable for any damage and misplacement of consignment when it is not in IE’s care, nor is IE liable for any damages and misplacement due to Customs related activity.
(d)The consignment will not be deemed lost within 1 month of first report by the consignor and consignee. IE will try to resolve the issue before the end of 1 month. IE will only proceed the claim only when there is no interest vested by insurance or other third parties.
(e) IE will not proceed claims for damages of indirect loss arising through natural disasters and any other form of consequential damages.
4. Financial Claims
(a) IE will only settle claims as stated in schedule 4 of this agreement. IE will settle claims for up to USD 100 on damages and misplacement as stated in this agreement by the consignor at the time of filling up the details of the agreement.
(b) IE is not liable for damages and misplacement of consignments with invoice value exceeding USD 100. IE encourages the consignor to insure their consignment before transportation.
(c) IE is not liable for any financial or commercial loss due to damage and misplacement of consignment that may have been in prospect as business of consignor and consignee. IE is only liable for the invoice value as stated in this agreement.
5. Customs Clearance
(a) By agreeing to this agreement consignor here by agrees to provide full authority to IE and its network for purpose of customs clearance. Consignor also agrees that the information provided in this agreement is true and correct.
(b) Consignor has the obligation to provide documents further required during the process of customs clearance when asked by the exporting custom office and consignee has the obligation to provide documentation when asked by the importing custom office. IE is not liable for any loss due to wrong information stated in this agreement and failure in part of both the consignor and consignee to provide documentation required by the customs office.
(c) IE is not liable for any loss or damages caused due to interference of customs officer or government authorities.
(d) The consignor and the consignee are sole responsible for payment of customs duties, taxes, penalties, storage charges or other expenses incurred as action of customs office or other government authorities.
(a) Insurance is encouraged by IE for consignments; however, IE is not responsible for arrangements of insurance, it is consignor’s responsibility to insure consignments prior to providing consignment to IE. The consignor has to provide the documentation regarding insurance to IE for approval prior to transportation of consignment and should be attached with a copy of this agreement for IE’s official purpose.
* Jurisdiction of this contract are the courts of Nepal and monitored under the government of Nepal