1. IntroductionA. These terms and conditions (“terms”) set out the basis on which KokeRoo will transport packages, packages, documents and envelopes (“packages”). These terms contain important details about the services of KokeRoo, which the shipper should read and which form part of the agreement between KokeRoo and the shipper.
B. Depending on the country where the package is presented to KokeRoo for carriage, the term “KokeRoo” will mean and the shipper’s contract will be with whichever of the following companies is applicable. That company will also be the (first) carrier of the goods for the purposes of the Conventions referred to in paragraph C.
NL – KokeRoo Tech B.V.; IN - KokeRoo Tech LLP (currently in the process of formation, subject to changes). Although this shall not be taken in itself as conferring jurisdiction on any court.
C. KokeRoo will not carry any international packages, and hence the packages will not cross any international borders while being assigned to KokeRoo.
D. A package may be carried via any intermediate stopping places that KokeRoo deems appropriate. KokeRoo may engage sub-contractors, freelance transporters, warehouses to perform services and contracts both on its own behalf and on behalf of its servants, agents and subcontractors each of whom shall have the benefit of these terms.
E. In these terms, “Waybill” shall mean a single KokeRoo waybill/consignment note or the entries recorded against the same date, address and service level on a collection record. All packages covered under a Waybill shall be considered a single package.
2. Scope of ServiceUnless any special services are agreed, and subject to these terms, the service to be provided by KokeRoo is limited to the collection, transportation, and delivery of the packages. The shipper acknowledges that packages will be consolidated with those of other shippers for transport and that KokeRoo may not monitor the inbound and outbound movement of individual packages at all handling centres.
KokeRoo is not a common carrier and reserves the right in its absolute discretion to refuse carriage to any packages tendered to it for transportation.
3. Conditions of CarriageThis section sets out various restrictions and conditions which apply to the carriage of packages by KokeRoo. It also explains what the consequences are of the shipper presenting packages for carriage which do not meet these requirements.
3.1 Service Restrictions and Conditions
Packages must comply with the restrictions in paragraphs (i) to (v) below.
(i) Packages must not weigh more than 500 kilograms (or 150 lbs) or exceed 270 centimetres (or 108 inches) in length or a total of 419 centimetres (or 165 inches) in length and girth combined.
(ii) The value of any package nust not exceed the local currency equivalent of INR 10,000.
(iii) Packages must not contain any of the prohibited articles listed in applicable laws including (but not limited to) articles of unusual value (such as works of art, antiques, precious stones, stamps, unique items, gold or silver), money or negotiable instruments (such as cheques, bills of exchange, bonds, savings books, pre-paid credit cards, share certificates or other securities), firearms and dangerous goods.
(iv) Packages must not contain goods which might endanger human or animal life or any means of transportation, or which might otherwise taint or damage other goods being transported by KokeRoo, or the carriage, export or import of which is prohibited by applicable law.
(v) The shipper shall be responsible for the accuracy and completeness of the particulars inserted in the Waybill and for ensuring that all packages set out adequate contact details for the shipper and receiver of the package and that they are so packed, marked and labelled, their contents so described and classified and are accompanied by such documentation as may (in each case) be necessary to make them suitable for transportation and to comply with the requirements of the Terms and applicable laws. The shipper guarantees that all packages presented for carriage under these terms comply with the restrictions in paragraphs (i) to (v) above and have been prepared in secure premises, by him/her (in the case of an individual shipper) or by reliable staff employed by him/her or (where different) by the party tendering the package to KokeRoo and have been protected against unauthorised interference during their preparation, storage and transportation to KokeRoo. KokeRoo relies on this guarantee in accepting any package for carriage hereunder.
3.2 Perishable and temperature sensitive goods will be transported provided that the shipper accepts that this is at its risk. KokeRoo does not provide special handling for such packages.
3.3 Refusal and Suspension of Carriage
(i) If it comes to the attention of KokeRoo that any package does not meet any of the above restrictions or conditions or that any package value amount stated exceeds the limits specified in the terms, KokeRoo may refuse to transport the relevant package (or any relevant part thereof) and, if carriage is in progress, KokeRoo may suspend carriage and hold the package (or any relevant part thereof) to the shipper’s order.
(ii) KokeRoo may also suspend carriage if it cannot effect delivery, if the receiver refuses to accept delivery, if it is unable to effect delivery because of an incorrect address (having used all reasonable means to find the correct address) or because the correct address is found to be in another geographical zone from that set out on the package or on the Waybill.
(iii) Where KokeRoo is entitled to suspend carriage of a package (or any relevant part thereof), it is also entitled to return it to the shipper at its own discretion.
3.4 The shipper must pay and indemnify KokeRoo for any reasonable costs and expenses (including storage), incurred by KokeRoo, any losses, taxes and duties KokeRoo may incur and all claims made against KokeRoo because (i) a package does not meet any of the restrictions, conditions or representations in paragraph 3.1 above (ii) of any refusal or suspension of carriage or return of a package (or part thereof) by KokeRoo which is allowed by this paragraph 3., or (iii) of a failure by the shipper to comply with these terms. In the case of the return of a package or package (or part thereof), the shipper will also be responsible for paying all applicable charges calculated in accordance with the prevailing commercial rates of KokeRoo.
3.5 If the shipper tenders to KokeRoo a package which fails to comply with any of the restrictions or conditions in paragraph 3.1 above without KokeRoo’s express written consent, KokeRoo will not meet any loss howsoever arising which the shipper may suffer in connection with the carriage by KokeRoo of such package (regardless of whether that failure to comply has caused or contributed to the loss and notwithstanding any negligence on the part of KokeRoo or its employees, contractors or representatives) and, if KokeRoo does suspend carriage for a reason allowed by these terms, the shipper shall not be entitled to any refund on the carriage charges it has paid. KokeRoo may bring a claim in respect of such non-compliance.
3.6 If, having suspended carriage of a package (or any relevant part thereof) in accordance with these provisions, KokeRoo is unable within a reasonable time to obtain the shipper’s instructions on its disposition or to identify the shipper or any other person entitled to the goods (having if necessary opened the package), KokeRoo shall be entitled to destroy or sell the package (or any relevant part thereof), at its absolute discretion. The proceeds of any such sale shall first be applied to any charges, costs or expenses (including interest) outstanding in respect of the package or otherwise from the shipper concerned. Any balance shall be held to the shipper’s order.
3.7 Unless prohibited by law, KokeRoo reserves the right, but is not obliged, to open and inspect or scan by means of x-ray any package tendered to it for transportation at any time.
4. Domestic Ground TransportationThe shipper guarantees that all packages presented for carriage under these terms are only for Ground Transportation and also within the geographical zone.
(i) Geographical Zone meaning a limit of 100kms between pickup and dropoff locations.
(ii) Both pickup and dropoff locations fall within the same designated country and also do not cross any international or state borders.
5 . Payment5.1 The rates for carriage and other services are set out in the Pricelist of KokeRoo per geographical zone and, unless paid before package, all charges must be paid within 7 days of receipt of invoice or within such other period as the shipper may have agreed in writing with KokeRoo. KokeRoo may verify the actual and/or dimensional weight of packages and, if greater than the declared weight, invoice on such basis. Unless proved otherwise, an invoice shall be considered for this purpose to have been received three business days following the date of invoice.
5.2 If a) KokeRoo is required to pay any taxes, duties or levies on behalf of the shipper, receiver or a third party, b) the selected billing option indicates that the receiver or a third party should pay any charges, or (c) any taxes, duties, penalties, charges or expenses are imposed, rightly or wrongly by government authorities, or incurred by KokeRoo due to any circumstances, including any failure by the shipper or the receiver to provide correct information and documentation or any permits or licences required in connection with carriage, the shipper shall be jointly and severally liable to KokeRoo with the receiver and such third parties for such amounts. In each case where the selected billing option indicates payment is to be charged, at first, to the receiver or any third party, KokeRoo will (without prejudice to the shipper’s contractual liability for payment), first demand payment of the relevant amount from the receiver and/or, where applicable, the third party. If the amount in question is not immediately paid to KokeRoo in full by any of the above parties, the amount will be payable by the shipper on first written demand. In any other cases, the shipper hereby undertakes to pay the mentioned amounts to KokeRoo at first request. KokeRoo shall not be obliged to separately file a claim against the receiver or any third party for payment. In case of doubt, the burden of proving that the amount has been paid lies on the shipper.
5.3 Any sum payable to KokeRoo which is overdue will bear interest at a rate of 2% above the interbank overnight lending rate applicable on the due date in the country where the package is presented to KokeRoo for carriage from the due date to the date KokeRoo receives payment whether before or after judgment. In addition, KokeRoo reserves the right to charge a late payment administration fee up to a maximum of the local currency equivalent of 50 EUR per invoice.
5.4 If any sum is not paid by the shipper, receiver or some other party under these terms, KokeRoo may hold any packages it is carrying (or part thereof) until it receives payment in full or may sell them and use the proceeds to make good the debt to it in accordance with applicable local law. Any unpaid balance will remain payable.
5.5 KokeRoo’s rates for carriage set out in the Guide are calculated only for the carriage of packages which do not exceed in value the amounts set out in paragraph 3.1(ii) (or other applicable value, if lower). In the event that KokeRoo becomes aware that it has carried a package which, without KokeRoo’s express written consent, exceeds this value, then, in addition to the otherwise applicable rates and charges and any other remedies under these terms, an additional carriage charge equivalent to 5% of the value of the package in excess of the relevant amount set out in paragraph 3.1(ii) is applicable.
6. Interruption of ServiceIf KokeRoo is unable to start or continue with carriage of the shipper’s package for a reason beyond its control, KokeRoo will not be in breach of its agreement with the shipper but will take all steps that are reasonably practicable in the circumstances to commence or continue the carriage. Examples of events beyond KokeRoo’s control are disruption to ground transportation due to bad weather, fire, flood, war, hostilities, civil disturbance, acts of government or other authorities (including, without limitation, customs) and labour disputes or obligations affecting KokeRoo or some other party.
7. Time and Shipping ChargesFor the avoidance of doubt, the liability of KokeRoo is limited to the Declared Value of the goods, limited to the maximum Declared Value stipulated in the terms, and does not otherwise constitute any form of undertaking or representation that the package will arrive by any particular time.
9. Liability9.1 Where the Warsaw or CMR Conventions or any national laws implementing or adopting these conventions apply (for convenience referred to as Convention Rules) or where (and to the extent that) other mandatory national law applies, the liability of KokeRoo is governed by and will be limited according to the applicable rules.
9.2 Where Convention Rules or other mandatory national laws do not apply, KokeRoo will only be liable for failure to act with reasonable care and skill and its liability shall be exclusively governed by these terms and (save in the case of personal injury or death) limited to proven damages not exceeding the greater of INR 10,000 per package in the case of goods presented in the IN to KokeRoo for carriage.
9.3 If the claimant (or any person from whom he derives his right to claim) has caused or contributed to any loss, damage or delay to a package or pallet, any liability KokeRoo may incur in respect thereof (limited as above) may be reduced or extinguished in accordance with the law applicable to such contributory negligence.
9.4 KokeRoo’s liability shall be limited to the value of the goods concerned and shall not in any event exceed the limits specified in paragraph 3.1(ii).
9.5 Save where Convention Rules or other mandatory national laws require otherwise, KokeRoo does not accept responsibility for purely economic losses, such as the costs of any alternative means of transport, loss of profits, loss of business opportunities or loss of revenue resulting from loss of use, arising from any loss of or damage or delay to a package (or part thereof), whether or not a value has been declared in respect of the relevant package under paragraph 9.4. KokeRoo shall not be liable for any damage to or loss of any packaging.
10. DeliveryKokeRoo may deliver a package to the receiver or to any other person appearing to have authority to accept delivery of the package on the receiver’s behalf (such as persons at the same premises as the receiver). If no such person is available the package may be left in the receiver’s letterbox, if suitable, or delivered to the neighbour, unless the shipper has excluded such delivery options by using the applicable additional service. The receiver shall be informed of any alternate delivery arrangements (or redirection to a KokeRoo Access Point®) by note left at their premises. Notwithstanding the previous paragraph, and unless otherwise agreed with the shipper, KokeRoo may apply any alternative delivery methods chosen by the receiver in accordance with the KokeRoo policies or any other agreement between KokeRoo and the receiver. Such alternative delivery methods include, without limitation, redirecting delivery of a package to an alternate address, authorizing the driver to leave a package at the receiver’s premises, modifying a service selected by the shipper or, rescheduling delivery. The shipper also agrees the receiver may receive delivery information regarding a package. The shipper expressly waives any claim it may have against KokeRoo arising from KokeRoo following any such instructions provided by the receiver. KokeRoo may use an electronic device to obtain proof of delivery and the shipper agrees that it will not object to KokeRoo relying on a printed copy of this as evidence merely on the grounds that the information concerned is obtained and stored in electronic form. Save where Convention Rules or other mandatory national laws require otherwise, KokeRoo accepts no responsibility in any circumstances to suspend carriage, redirect delivery (whether to a different receiver or address from that named on the Waybill) or return a package to its shipper and, in the event that it should attempt but fail to do so, shall have no liability for any losses thereby occasioned.
12. Claims Procedure – PrescriptionAll claims against KokeRoo must be notified in writing as soon as reasonably practicable and in any event within 14 days of receipt in the case of damage (including partial loss of a package), in the case of delay within 21 days of the goods being placed at the disposal of the person entitled to delivery and in the case of loss within 14 days of the goods being consigned with KokeRoo for carriage. In addition, all claims against KokeRoo in connection with any package shall be prescribed and barred by expiration of time, unless legal proceedings are brought and written notice of them is given to KokeRoo within eight months after delivery of the goods concerned or, in the case of non-delivery, within 14 days from the scheduled date for delivery. This term shall not affect any rights the shipper may have under Convention Rules or other mandatory national laws.
13. Entire Agreement & SeverabilityIt is the intention of KokeRoo that all the terms of the contract between it and the shipper are contained in this document and in the Guide. If the shipper wishes to rely on any variation to these terms, it must ensure that that is recorded in writing and signed by the shipper and on behalf of KokeRoo before the package is accepted for carriage by KokeRoo. If any part of these terms is not enforceable, this will not affect the enforceability of any other part.
14. Governing LawThese terms shall be governed by the laws of the country where the package is presented to KokeRoo for carriage.