Terms of Use.

Interpretation and Definitions

In these conditions, the following terms have the meanings set out below. Words importing one gender include the other genders, and persons include corporations and bodies politic.

Conditions

These conditions of carriage as set out in this document and published in printed form and electronically at www.dropoffcouriers.com, as amended from time to time.

Courier / Drop-Off Courier (DFC)

The person and/or corporate entity providing the carriage and related services under these conditions.

Goods

The items accepted by DFC for carriage on behalf of the Sender under these conditions.

Owner’s Risk

The Courier shall not be liable for any loss of or damage to any Goods, howsoever arising, except where the loss or damage is caused by the Courier intentionally.

Recipient

The person to whom the Goods are to be delivered under these conditions.

Services

The services provided by the Courier in connection with the carriage of the Goods, including without limitation the carriage, transport and/or storage of the Goods, or any operation or service incidental to them.

Sender / Customer

The person for whom the carriage of the Goods is performed by the Courier under these conditions.

Sub-Contractor

Any person who, under a contract or arrangement with any other person (whether the Courier or not), performs or agrees to perform any part of the Services.

Conditions of Carriage

DFC shall not be a public or common carrier in relation to the carriage of goods forming the subject of these conditions, and any goods carried are accepted subject to the conditions herein.

These conditions supplement and detail the general terms and conditions on the back of DFC waybills and other publications. In the case of any conflict between these conditions and the conditions on any DFC waybill, manifest, shipping label or other transit documentation, these conditions shall prevail unless varied by a document signed by a duly authorized director of DFC.

Each condition shall be deemed to be incorporated in, and to be a condition of, the agreement between DFC and the Sender of the goods. Goods are accepted subject to the conditions stipulated by all other carriers, sub-contractors, handlers and any other parties into whose possession or custody they may come. Under no circumstances shall any strict liability attach to DFC.

Operational Procedures

DFC may communicate with the Sender by any means at its disposal and may use any carrier to perform its duties. DFC is entitled to use independent parties to perform any of the functions arranged.

Where an independent carrier fails to carry out its duties suitably, any costs associated with taking action would be for the account of the Customer and/or Sender and are payable on demand. Delivery timeframes do not include the day of collection.

Timeous Instructions

Instructions should be given in sufficient time to afford DFC a reasonable opportunity to comply with them. DFC shall be entitled, but not obliged, to act on oral instructions alone. Where DFC attempts to act on any instructions, no liability shall attach to DFC for any failure, whether in whole or in part.

Tariffs and Quotations

DFC may amend its tariffs and quotations without notice to the Customer. For the purposes of rating, the greater of the actual mass and the volumetric calculation is deemed to be the chargeable mass when measuring the volume, mass and/or dimensions of any package.

Collection of Goods and DFC’s Lien

DFC shall have a general and particular lien over any goods in its possession for all monies owing to DFC by the Customer, whether past or present, for the carriage of any goods subject to these conditions. DFC may, at any time and at its sole discretion, retain possession of any goods pending the discharge of such monies.

If any monies owing to DFC are not paid by the Customer within thirty (30) days after they are due, DFC shall be entitled, without further notice to the Customer, to sell the whole or any part of the goods in such manner and on such conditions as it deems fit, and to retain from the proceeds the charges owing. Any balance shall be paid to the Customer on demand made within ninety (90) days of the sale. DFC shall not be liable for any loss, damage or deterioration of goods attributable to the implementation of this clause.

Packaging and Delivery Parameters

DFC shall not be liable for any loss, damage or deterioration of any goods. It is the sole responsibility of the Customer and/or Sender to package goods adequately for transportation so that they withstand the ordinary incidents of transit risk and the normal rigors of road transportation. DFC may supply a container to the Sender in which to place the goods.

Delivery of Goods

Risk in the goods rests with the Customer and/or Sender. DFC may, in its sole discretion, withhold or reschedule dispatch where it considers this necessary for the safety of the goods, where there is a backlog of goods with higher priority, or for any other reason.

The Customer and/or Sender warrants that it is authorized to accept these conditions, not only on its own behalf but also as agent for all other persons who are or may become interested in the goods, and undertakes to indemnify DFC against any damages arising.

Company Liability

DFC shall not be liable for any loss or damage to the goods, save as expressly provided in these conditions. Where any limited liability is assumed, no claim shall be considered unless submitted by the Customer and/or Sender in accordance with these conditions, and liability shall not exceed the stated amount per consignment of goods.

DFC shall not be liable for any indirect or consequential loss or damage to any consignment of goods.

Loss or Damage to Goods

DFC shall not be liable for loss or damage to goods unless such loss or damage occurs whilst the goods are in the actual care, custody and control of DFC, and is due to the negligence or intentional or willful act or default of DFC or its employees.

DFC shall under no circumstances be liable for loss or damage incurred through goods being tendered with inadequate packaging and packing, or for ordinary wear and tear of the goods and packaging.

Dangerous and Prohibited Goods

Goods that may become liable to cause injury or damage to any person, goods or property must be marked accordingly so as to comply with applicable legislation and regulations before being tendered. Whether or not the Customer and/or Sender was aware of the nature of the goods, the Customer and/or Sender shall indemnify DFC against all claims, damages or losses arising from the tender of such goods.

DFC shall not transport any prohibited goods, including without limitation illegal substances and any goods or materials prohibited by law. Where the Customer and/or Sender consigns such items, they shall be responsible and liable, without limitation, for all costs, fines, damages, loss of income and legal costs which DFC may incur. Under no circumstances will DFC accept liability for goods of this nature.

Insurance and Assumption of Liability

Subject to these conditions, and only in particular stated instances, DFC may assume limited liability. Where assumption of liability is required, an additional fee shall be charged.

For goods to the value of an amount not exceeding Shs 220,000 (two hundred and twenty thousand shillings), no fee shall be charged for the assumption of liability by DFC. Where a higher assumed value is required, an additional fee is charged and calculated on the declared value. All charges owing to DFC in respect of the assumption of liability are payable per the conditions of payment in these conditions.

Important Exclusions

DFC shall not under any circumstances be liable for any loss or damage to a parcel which was not adequately and appropriately packaged to withstand the ordinary rigors and risk of courier transit and road transportation, nor for ordinary wear and tear, nor for delay even where the delay is caused by a risk insured against.

Unless DFC agrees in writing prior to the goods being tendered, the following are carried entirely at owner’s risk and are excluded from any assumption of liability:

• Second-hand consignments, and mechanical or electrical goods not in brand new and original packaging
• Antiques and antiquities, bank and treasury notes, bullion, cash, deeds and bulk cargo
• Illegal substances, drugs and cannabis
• Seafood, fresh produce and frozen or refrigerated goods
• Glass, windshields, windows, ceramics, basins and other breakable, scratchable, brittle or bendable goods
• Furniture of any kind, and solar related goods or goods using solar panels
• Goods relating to motor vehicles, including body panels, windscreens, mechanical and electrical components and engine spares
• Trophies and medallions, blinds and railings, laser-cut and 3D products, ink toners and cartridges, and any form of batteries

Warsaw Convention

Where carriage involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention and related international rules may apply and may govern and limit the liability of DFC in respect of loss or damage to such consignments.

Legal Costs

In cases of non-payment of monies due to DFC, the Customer and/or Sender shall be liable for and shall pay all legal costs incurred by DFC, including collection commission and attorney and own-client costs, whether incurred prior to or during the institution of legal proceedings, or, where judgment has been granted, in connection with the satisfaction or enforcement of such judgment.

Jurisdiction

The Customer and/or Sender consents, in terms of the laws of Uganda, to DFC taking legal proceedings in the Magistrates Court. This does not preclude DFC, at its sole discretion and election, from instituting action in the High Court, and the Customer and/or Sender also consents to the jurisdiction of the High Court in the jurisdiction elected by DFC.

Costs

The Customer and/or Sender shall be liable for all costs incurred by DFC, including collection charges and costs on an attorney and own-client scale and the cost of counsel, whether incurred prior to or during the institution of legal proceedings or, where judgment has been granted, in connection with its satisfaction or enforcement. The Customer and/or Sender undertakes to pay the cost of any suretyship and cession contained herein, including stamp duty, and agrees that such costs may be debited to their account.

Consequential Loss

DFC shall not be liable, including as a result of its negligent (including grossly negligent) acts or omissions or those of its servants and agents, for any loss or damage of any nature sustained by the Customer and/or Sender, any damage caused to the assets of the Customer and/or Sender, or assets kept on its premises by third parties.

Severability

If any provision of these conditions is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect insofar as they are concerned.

Whole Agreement, Variation and Waiver

These terms and conditions constitute the whole agreement between the parties. No stipulations, warranties, statements of fact or opinion or representations, oral or written, have been made or relied upon by either party other than as specifically included herein.

No variation of these terms and conditions shall be binding unless reduced to writing and signed by or on behalf of DFC. DFC shall not be deemed to have waived any of its rights under these terms merely because it has shown any indulgence.

Conditions of Payment and Trading Limit

Payment may be tendered by cash or electronic transfer. The Customer is entitled to trade up to the authorized trading limit; once the trading limit is used or reached, payment must be made in accordance with the amount utilized. DFC may charge warehousing charges in respect of any period during which goods are stored after tender.

If any amount owing by the Customer and/or Consignor is unpaid on the due date, then all other amounts owing, whether due and payable or not, shall become due and payable forthwith, and DFC shall be entitled (without prejudice to its other rights) to rescind or suspend performance of its obligations, and all discounts will be forfeited. A certificate signed by any Director of DFC shall be prima facie proof of any amount owing.

Force Majeure

DFC shall not be deemed to have defaulted under or breached these terms and conditions for any failure or delay caused by events beyond its reasonable control, including: embargoes or blockades; action by any governmental authority; national or regional emergency; strikes, labor stoppages, slowdowns or other industrial disturbances; epidemic, pandemic or similar infection; a state of emergency; shortage of adequate medical supplies and equipment; shortage of power or transportation facilities; hijackings; and other similar events beyond the reasonable control of the impacted party.