BelizeON Terms and Conditions of Dropbox Delivery
DEFINITIONS OF TERMS USED
1. In these terms, the words or phrases below will have the following meanings:-
a) Consignor – the customer who asks us to provide a delivery service, including any employee, agent or subcontractor acting on your behalf.
b) We, our, us – CybrBZ Ltd, operating under the name of BelizeON.bz
c) Consignment – any item or items we carry for consignor from one address to another, including any packaging.
d) Dangerous goods – anything consignor may ask us to deliver that could put the health and safety of other people at risk. This includes (but is not restricted to) explosives, radioactive material, and items requiring specialist treatment or handling during transportation.
e) Proof of delivery – a signature or electronic confirmation obtained from the consignee acknowledging that the consignment has been received.
- f) Protection – refers to Product Protection, an option available at the time of booking the package delivery.
2. These are the terms under which we trade with consignor and they override any previous agreement between the parties. These terms cannot be changed or varied unless agreed in writing.
- We reserve the right at our absolute discretion to:-
a) Refuse to accept any consignment or part thereof for delivery.
b) Refuse to accept dangerous goods for delivery.
- c) Refuse to accept packages for delivery without verifying the contents.
When consignor asks us to make a delivery on his/her behalf, he/she will be deemed to have accepted these terms.
5. Our liability to consignor is limited and explained in detail below.
6. These terms are intended to be reasonable to both of us, and if any part of them should prove to be unenforceable or void at law, then it will not affect the rest.
7. If, for any reason, either party chooses not to exercise any rights contained in these terms, then that will be regarded as a waiver of those rights for the future.
8. This agreement is subject to the laws of Belize, and any dispute will be dealt with in Belize’s jurisdiction.
OUR RIGHTS AND OBLIGATIONS
9. We may refuse to accept a consignment for delivery, or any part of it. We may also inspect a consignment if we believe that these terms may have been breached (for example, to check for dangerous or illegal goods).
10. We can use any method or route to deliver a consignment, including using subcontractors or agents. Consignor’s rights will not be affected in the event subcontractors are used by us. No subcontractor or agent shall be under any greater liability to consignor than we are, and we enter into this agreement on the basis that they are entitled to the limits of liability contained in these terms.
11. We will use our reasonable endeavours to deliver consignment within the time requested, but unless we expressly agree in writing before accepting consignment for delivery, we will not be liable for any loss or expenses consignor may suffer if the consignment is not delivered on time.
12. We will take all reasonable steps to obtain proof of delivery at the time of delivery, and that proof of delivery will be conclusive evidence that the consignment was delivered complete and in good order, unless the consignee marks otherwise at the time of delivery. We will not be liable for any loss or misdelivery where delivery has been made in good faith to a person claiming to be the consignee, or an employee, subcontractor or agent of the consignee.
13. If consignor requires a proof of delivery after delivery has been made, then we will endeavour to provide this, providing request is made within 14 days from the date of dispatch. Requests made later than this will be dealt with at our absolute discretion. Settlement of our charges will not be conditional upon consignor receiving proofs of delivery, and consignor cannot delay or withhold payment pending receipt of proofs of delivery, irrespective of when any request was made to us.
14. We will retain original proofs of delivery obtained by us and/or any other associated documentation relating to deliveries for a minimum period of six months from the date the transaction is completed. After that we may destroy these items without any reference or obligation to consignor.
15. We will make one attempt to deliver the consignment, but if we cannot do so, we will have the option to either make a second attempt, or deliver to an alternative address provided by consignor, or return the consignment to consignor. Either of these alternatives will be at consignor’s cost, but we will contact him/her first to agree the best option. 16. Where we are required to sign to acknowledge collection of consignment, then that signature will not be regarded as evidence of the condition of the goods. If we are kept waiting longer than 15 minutes at either the originating or delivery address, we may charge you an additional amount, this being our standard hourly rate of the vehicle in question.
17. We will not be liable for any consequential or economic loss or damage suffered by consignor or any third party. Our liability is strictly limited to the cost of replacement of, or repair to, the goods sent in the consignment, subject to limits and conditions given below and under Product Protection.
- We will not be liable for any loss or damage to the consignment, or any delay or misdelivery if the cause was any of the following:-
a) War, terrorism, riot, strike, lockout or any similar action.
b) Natural disasters (e.g. floods), poor or extreme weather conditions.
c) The consignment being seized or detained by any public authority.
d) Incorrect or insufficient address given on the consignment note or manifest. This includes any omission or ambiguity of information provided by consignor.
e) Incorrect or insufficient packaging of the consignment.
f) Natural wastage of a perishable or fragile consignment.
g) Traffic congestion or delay.
h) Any other event reasonably beyond our control.
19. If these limits are not sufficient for consignor’s requirements, then we can provide extra product protection on individual consignments for an additional charge. Consignor must confirm product protection as part of the booking process and agree to pay based on item’s declared value.
- Where consignor has purchased Product Protection, this entitles him/her to refund of the declared product value where:
- a) The product has been lost due to driver carelessness, theft or robbery, or
- b) Damaged due to traffic mishap.
- c) Product Protection is not applicable for loss or damage due to events under 18 (a thru h) above.
We will not be liable for any loss or damage to any consignment that occurred as a result of ordering a Dropbox size that was too small for that consignment.
- There are certain items we cannot accept liability for on any of our services. These include cash, notes, money orders, vouchers, credit cards, stamps, deeds, passports, tickets, travellers cheques, jewelry, precious stones, watches, precious metals, works of art, antiques, china, glass, living creatures and any other similar high-value items.
23. If we are to consider any claim for non-delivery, late delivery, or loss or damage to the consignment, consignor must notify us in writing within 7 days of delivery for any shortage or damage, and within 14 days for any loss. We will be entitled to ask for written evidence to establish the value of the loss or damage (for example, a copy invoice from supplier). We may also ask for repair estimates if appropriate.
24. Consignor must still continue to pay our invoices in full as they become due, even though he/she may have submitted a claim to us.
25. We may change our charges or these terms from time to time, but if we do we will provide advance notice.
26. Where applicable, we may, at our absolute discretion, withdraw credit facilities at any time. If we do, then all invoices will become immediately payable, irrespective of any credit terms or payment dates previously agreed between you and us. If consignor does not pay us within 30 days of invoice date, we will be entitled to charge interest at the rate of 3% per month (or part thereof) from the invoice date to the date of payment. If we are required to take legal action to recover payment, our claim will include interest and all associated costs of such action.
CONSIGNOR’S RIGHTS AND OBLIGATIONS
27. Before asking us to deliver a consignment, consignor must make sure of the
a) If consignor is not the owner of the goods, he/she has the owner’s permission to enter into this agreement and ask us to make a delivery.
b) The goods in the consignment are not dangerous or illegal goods and do not present any health or safety risks, and the handling or possession of them is not a criminal offence, nor breaches any relevant statute or regulation.
c) Only those individuals duly authorised by consignor can make bookings with us, and they will supply to us (at the time of booking) any reference or purchase order consignor requires to be shown on our invoices in order to process them for payment. If consignor fails to provide us with this information, or if the information is not correct, he/she will not be able to withhold payment at a later date.
d) The consignment is properly addressed and packaged. If, in our opinion, the packaging is not sufficient, we may either refuse to deliver it, or may repack it to the required standard. A reasonable charge will be made to consignor for any such repackaging.
e) Consignor has, if necessary, selected product protection at the accurate declared value while booking the delivery.
28. Consignor must pay our invoices in full at the end of each month.
29. Consignor must register any invoice queries within 21 days of the invoice date. After that time, our invoice will be deemed to have been accepted as correct and consignor will make payment within our agreed terms.
30. If consignor is in breach of any of these terms, he/she will be liable for any loss or expenses suffered by us as a result.
31. Unless we are shown to be at fault, consignor will indemnify us for any claims or losses arising from our delivering consignments for on his/her behalf.
32. If consignor makes a claim for damage to the consignment, he/she will keep (or arrange to keep) that consignment and all its packaging in a safe place and to one side in case we need to make inspection.