Terms and Conditions
The following Terms and Conditions apply to all consignments entrusted to XDel Group of Companies for the purpose of delivery.
Important Note:
You agree that XDel Group of Companies’ Standard Terms and Conditions shall apply to all delivery transactions unless varied in writing by you and that no other form of contract shall be valid.
XDel Group of Companies is not a common carrier and will accept no liability as such. The choice of the means, the route ends and the method of Carriage will be at the sole discretion of XDel Group of Companies. These terms and conditions are the only contract between the Carrier and the Sender. Terms and conditions are accepted once Goods are handed to the Carrier for delivery. Our terms and conditions are to protect the Carrier; no such party has authority to waive or vary these terms and conditions, or to make any promise on behalf of XDel Group of Companies. The Client undertakes to contract with the Carrier only on the following terms and conditions.
Definitions
In these terms and conditions, the definitions of the following are
"The Carrier" means XDel Group of Companies carrying on business in its own name and under any business name, including its contracted officers, servants, agents and sub-contractors.
"The Carriage" means and includes the whole of the operations and services undertaken by XDel Group of Companies in connection with the Goods.
"The Client" means and includes the Sender, consignor, consignee, holder of the consignment note, receiver and owner of the Goods, or any other party having a legal interest in the Goods.
"The Sender" means the person or company ordering the Carriage.
"Consignment" means goods in bulk or contained in one parcel or package or in any number of separate parcels or packages, in all cases sent at one time in one load from one address to one address. It includes any physical goods with their accompanied documents that are transported under one consignment note, which are accepted by XDel Group of Companies for carriage.
Terms & Conditions
1 Services XDel Group of Companies in conjunction with its affiliates hereinafter known as ("XDel") is engaged in the transportation of consignments by the following services: Local & International Courier services of Documents and Parcels. The services offered to the customer are in accordance with the terms and conditions set out herein and in accordance with XDel’s published and or specified rates.
2 Commodities Serviced & Restrictions XDel offers services of general commodities, as usually defined, subject to the following restrictions:
2.1 Maximum Weight & Size No service shall be rendered in the delivery of any consignment: exceeding 3 kg or 30cm by 21cm by 5cm for Document services and exceeding 30kg or 50cm by 45cm by 40cm per box for Parcel services.
2.2 Tenders Transportation of tenders is subjected to the condition that XDel will not be held responsible in any manner, financially or otherwise, for the consequences of failure to deliver a consignment by a stipulated time.
2.3 "Lunch Time to Avoid" request is not applicable for Express Services as well as Same Day Service jobs logged in after 11.00am.
2.4 No Dangerous Goods No service shall be rendered in the transportation of any dangerous goods/hazardous materials which are subject to regulation by the International Air Transport Association (IATA), the International Civil Aviation Organization (ICAO), or the Singapore Transportation of Dangerous Goods Act.
2.5 Items Prohibited No service shall be rendered in the transportation of any of the prohibited items listed below: fossils, antiques and works of art, alcoholic beverages, animal skins, non-domesticated articles of unusual value cash, notes, currency, contraband, dangerous goods/hazardous materials firearms, furs, gem stones, ivory, live animals, perishables, pornographic materials. This list may be amended from time to time by XDel.
2.6 Perishable & Thermal-sensitive Goods XDel does not provide a protective service for the transportation of perishable commodities or for commodities requiring protection from heat or cold. Such commodities will be accepted for transportation solely at the shipper's risk of damage occasioned by exposure to heat or cold.
2.7 Prohibited by Law No service shall be rendered by XDel in the transportation of any consignment which is prohibited by law or regulations of any federal, state, provincial, or local government in the origin or destination countries.
3 Right of Inspection XDel reserves the right to open and inspect any consignment tendered to it for transportation, at any time, unless prohibited by applicable local law.
4 Reweigh XDel reserves the right to reweigh consignments, notwithstanding that a weight has been declared on the shipment. The reweighed weight determined by XDel may be applied for the assessment of rates, and the shipper agrees to pay the same.
5 Refusal of Consignments XDel reserves the right to refuse any consignment which by reason is dangerous or any other character of its contents is liable, in judgment of XDel, to soil, taint, or otherwise damage other merchandise or equipment, or which is economically or operationally impracticable to transport, or which is improperly packaged, wrapped, or labelled. Such consignment shall be held for the Client’s collection, and at the Client’s risk. An administrative fee of S$10.00 shall be imposed as well as the storage rates as determined from time to time by XDel. The Carrier will not accept or deal with any noxious, dangerous, hazardous or inflammable or explosive goods or any goods likely to cause damage. Any person delivering such good to the Carrier or causing the Carrier to handle or deal with any such goods shall be liable for all loss or damage caused thereby and shall indemnify the Carrier against all penalties, claims, damages, costs and expenses arising in connection therewith and the goods may be destroyed or otherwise dealt with at the sole discretion of the Carrier or any other person in whose custody they may be at the relevant time. The expression “goods” likely to cause “damage” include goods likely to harbour or encourage vermin or other pests.
6 Proper Packaging & Labelling XDel will accept non-packaged goods, provided that the packages will not pose any danger or allegations to the driver or any other freight on board the vehicle. The client acknowledges that they are risking possible damage or loss to a consignment by shipping via this method, and XDel will not take responsibility for poorly packaged or unsecured consignments. Consignments require a street address including apartment/suite/unit numbers and the consignee's telephone number on all packages comprising the consignment. Multiple-piece consignments (as defined in section 7.1) must be labelled with the full delivery address on each piece and each piece individually marked 1of 3, 2of 3, 3 of 3, etc.
7 Rates Refer to the rate guide in effect at the time of shipping for specific rates. Call XDel for details.
7.1 Multiple-Piece Consignments All consignments covered under a single XDel consignment note are considered a single consignment for the purpose of calculating shipping charges.
7.2 Rounding Measurements Consignment dimensions must be rounded off to the closest whole centimetre. Consignment weights must be rounded up to the next whole kilogram.
7.3 Chargeable Weight Service charges are based on the greater of the dimensional weight of the consignment or the gross weight of the consignment. Dimensional weight is based on the current International air Transport Association (IATA) volumetric standard, which is subject to change without notice. Dimensional weight is calculated by multiplying length x width x height of each package in centimetres and dividing by 5000 for dimensional weight in kilograms. (If multiplied in inches, divide by 166 for dimensional weight in pounds.) When a consignment exceeds 200 centimetres and girth combined, but weighs less than 14 kilograms, it will be considered an "Extra Large" package and rated as though it weighed 14 kilograms.
7.4 Additional Charges Consignments may incur additional charges along with their base rates resulting from special requirements of the consignment.
8 Additional Service Charges cost associated with delivery of the consignment.
8.1 Collect or Third Party Billing Charge This charge only applies to domestic consignments. An additional charge may be assessed when a shipper requires XDel to invoice a third party or the consignee. Either/or must have an XDel account. The shipper must inform a customer service representative at the time of placing the order, of their request either collect or third party billing. The shipper must also indicate in the consignment note appropriately. The shipper agrees to pay for the courier/cartage service in the event the consignee or third party fails to pay the invoice. XDel reserves the right to place the customers on a cash only basis as well as any other legal rights and remedies available to it.
8.2 Redirect Charge (Address Correction Charge) If XDel is unable to deliver any consignment because of an incorrect address; XDel will make best efforts in locating the proper destination address. Once the correct address is located XDel will proceed to attempt to deliver the consignment at an additional charge.
8.3 C.O.D. Service Charge XDel provides return of the consignee's payment to the shipper, typically within thirty days after delivery of the consignment. XDel will collect payment in the form of cheque, bank draft, certified cheque, money order, or cash. If the shipper requires payment in cash, this requirement must be written on the consignment note attached to the consignment. XDel then reserves the right to accept cash, bank draft, certified cheque, money order or other similar instruments issued by or on behalf of the consignee. All cheques must be made payable to the shipper. (Not XDel) and will be returned to the shipper. XDel must be notified within 14 days from the date of the consignment if C.O.D payment has not been received. If no such notification is received by XDel within the 14 days period, the shipper warrants to release XDel from all its obligations/liabilities for the return of such C.O.D. payment. For all C.O.D. consignments: It is the shipper's responsibility to notify the consignee prior to shipping that the consignment requires payment upon delivery, and what forms of payment are acceptable. An additional charge based on the requested type of service for the return of the C.O.D., as stated in the rate card in effect at the time of shipping, is applicable for each consignment. If the consignee refuses to provide the required payment, XDel will inform the shipper of the situation and request further instructions. In cases where XDel made best efforts to contact the shipper, but to no avail, the consignment will be returned to the shipper. XDel's liability is limited as follows: All cheques (including bank drafts and certified cheques) and money orders tendered in payment of C.O.D.S will be accepted by XDel at the shipper's risk including, but not limited to, risk of non-payment and forgery, and XDel shall not be liable on any such instrument.
8.4 Return of Undeliverable Consignments See "Return of Undeliverable Consignments (point 9) and "Special Handling of International Undeliverable Consignments" (point 10).
8.5 Re-Attempted Delivery Charge If for some reason, XDel is unable to deliver a consignment, the shipper will be notified of the circumstances surrounding the failed attempt, and will request further instructions. If the shipper requests XDel to re-attempt the delivery an additional charge will apply. See current rate card for cost.
8.6 Cancellation of Job Shipper may cancel a job without any cancellation charge, provided a Courier has not been assigned to the job. A cancellation charge (as per service requested) is imposed after a Courier has been activated to perform the job.
8.7 Deadcall Charge (Unavailable Pick-ups) If XDel is unable to make pick up of a consignment, the shipper will be informed and a dead call charge will be assessed.
8.8 Waiting Time Charge A "Waiting Time Charge" will apply for every 10 minute interval an XDel courier has to wait for either a pick up or delivery of a consignment. Refer to your price schedule for costs.
8.9 Special Service Vehicle Charge Additional charges may apply for customers requesting specialized vehicles for delivery. (ie an empty van, 5 ton vehicles, pick up truck etc.)
8.10 Proof of Delivery (POD) Charge applies for retrieval of hard copy of the signed consignment note via fax or email. Please refer to the price schedule for the cost.
8.11 Digital Proof of Delivery is available online for retrieval up to 3 months from the date of the job completion. Additional charge will apply for retrieval of archived digital copy of the POD after 3 months.
8.12 Pick Up Not Ready Charge Consignment must be ready for pickup upon booking of service, otherwise a failed pick up charge (as per service requested) will be imposed.
9 Return of Undeliverable packages Consignments which are sent "sender pay" 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 additional charge. Consignments which are sent "collect" 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.
10 Special Handling of International Undeliverable Consignments Consignments refused by consignee or which for any other reason cannot be delivered will be held and the shipper will be contacted for further instructions. The shipper will be responsible for payment of all other charges including, but not limited to, forwarding, disposal, or return transportation charges, storage, brokerage charges as well as any duty and tax if applicable.
11 Provision for Customs Clearance of International Consignments
11.1 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 licence 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, temporary import bonds.
12 Proof of Delivery (P.O.D.) The Client undertakes to accept digitally archived copies of delivery documents (Consignment Notes, Delivery Orders, Dispatch Notes, Invoices, etc) as proof of delivery and acceptable in the court of law. All physical copies of Consignment Notes will be destroyed 30 days from the date of delivery and digital archived POD is stored for one year from the date of delivery.
13 Circumstances Beyond Our Control XDel shall not be liable if the Consignment is lost, or damaged due to the following circumstances that are beyond the control of the Carrier:
- An act of God, for example earthquake, cyclone, storm or flood;
- "Force majeure", for example war, civil commotion, invasion, hostilities, riots and other like occurrences;
iii. Any act of omission of the Sender or the owner or owners of the goods comprised in a Consignment (or part thereof), including their respective servants or agents and anything done by the Carrier at the express request or direction of them;
- Electrical, magnetic, injury, erasure, x-ray or other similar damage to electronic or photographic images or recording in any form.
A Certificate signed by XDel shall be conclusive evidence of the occurrence of any of the above events.
14 Liability of the Carrier The carrier shall make every reasonable effort to deliver the Consignment according to its normal delivery schedules but these are not guaranteed and do not form part of this contract. No liability will be accepted in this respect. In respect of any one delivery for any loss or damage however occasioned, the Carrier's liability is limited to the lowest of the following three amounts: S$50.00 or the actual amount of any loss or damage suffered by the sender, or the actual value of the consignment which does not include any special or commercial value to the Client. The "actual value" herein means the lower of the following amounts, determined as at the time and places the Carrier accepted the Consignment: Goods - the original cost of the Goods or the cost of repairing the Goods whichever is lower. Documents - only the paper of the documents will be considered.
14.1 Procedures for Claims Claims may be submitted to XDel in writing, Attention: Claims Department. All claim notifications must include consignment details, including address information (from/to), date of consignment, package weight, the consignment note number and a detailed statement of what is being claimed. Claims must be lodged within the following time periods: Loss or Damage Claims (a) Verbal notification within 24 hours (b) Written notification within 15 days Claims of Concealed Damage.
15 Consequential Damages The Carrier shall in no circumstances be liable for the following, whether they arise in contract or any other form of civil action, including negligence:
- Consequential or special damages or loss,
- Other indirect loss,
- Breach of other contracts.
Consequential damages or loss include, but are not limited to lost income, profits, interest, markets, and use of contents.
16 Acceptance of Service Consignments must be ready for collection upon booking of service and acceptance of any service by XDel is subject to resource availability and weather conditions. XDel will recommend the next available service should the requested service be unavailable.
XDel reserve the right to change, cancel, reschedule or delay any booked service for delivery / collection where we reasonably consider it to be for reason of safety or circumstances beyond our control or commercial reason.
17 Interruption of Service XDel shall not be liable for any interruption of delivery service due to a cause beyond XDel's control, or bad weather, strikes, lockouts or labour disputes. For further details refer to Section 13.
18 Delay XDel is not financially responsible for the consequences of failure to deliver a consignment by a stipulated time.
19 Taxes All applicable Governmental taxes required by law will be charged on all freight costs and surcharges. The customer agrees to pay XDel any and all taxes incurred during the delivery of the consignment.
20 Payment for Service XDel's standard credit terms require payment of all charges within seven (7) days from the date of invoice or otherwise agreed upon. The shipper agrees to pay XDel all shipping charges in the event of non-payment by the consignee or the alternative party invoiced. In the event the customers fails to pay the invoice, XDel reserves the right to place the customer on a "cash only" basis as well as implementing any other legal rights and remedies available to it. Late Payment Interest and Reminder Notice fees will be imposed for overdue invoices.
21 Future Changes Rates and charges may be subject to change without notice.
22 Service Some consignments may be shipped by surface transport and/or handled by an XDel service associate.