In this contract, ‘Courier’ shall mean and include the business SEND ME SERVICES LIMITED, its proprietors, employees and agents. ‘Independent Carrier’ shall mean and include any person, firm or company with whom the Courier may arrange for the transportation of any goods under this contract and any person who is now or hereafter an employee, agent or subcontractor of any Independent Carrier, ‘Customer’ shall mean and include any person, firm or company who engages or enters into a contract with the Courier, for the Courier to provide transport of or for the goods and articles, ‘Goods’ shall mean and include any goods, items, articles transported or to be transported by the Courier.

The Courier is not a common carrier. All goods are transported, and all services are performed by the Courier subject to these conditions of contract. The Courier reserves the right to refuse to transport any goods for any person, firm or company at its discretion and the Courier shall not be bound to give any reason for such refusal.

The Customer hereby authorizes the Courier to arrange with any Independent Carrier(s) for the transportation of any such goods under this contract. The Independent Carrier shall be entitled to the full benefit of these terms and conditions to the same extent as the Courier, and the Courier shall be deemed to have entered into this contract for its own benefit, and also as agent for the Independent Carrier(s)

The person delivering the goods to the Courier shall be deemed to be the agent of the Customer for the purposes of this contract, and the Customer hereby warrants that such a person is authorized to enter into the contract and sign the consignment note as agent for the Customer

The Customer expressly warrants to the Courier that the Customer is either the owner of or an authorized agent for the owner of any goods under this contract.

The Customer hereby authorizes the Courier to handle, store or carry the goods by any method or route which the Courier in its discretion shall think fit.

Upon arrival into the possession of Courier, the goods are at the risk of the Courier and not the Customer, and the Courier shall entirely be responsible in tort or contract for any loss or detriment or damage suffered by the Customer or any other person by any reason whatsoever, including, without limiting the forgoing, by reason of loss of or damage to or deterioration of the goods or by reason of mis delivery or the failure to deliver or delay in delivering the goods, including perishable goods, either in transport or in storage. The provisions of this clause apply to any loss, detriment or damage suffered by the Courier, detriment or damage occurred in the course of performance by the Courier of this contract are or such that would constitute a fundamental breach of the contract or a breach of the fundamental term thereof. The validity of this clause ends as soon as the customer confirms the delivery of the product, this confirmation is done by the receiver of the product by signing the receipt of delivery form. In a situation where a damage or loss of good occurs in the possession of the courier, the said good shall be refunded in the equivalent monetary value by the courier within 5 working days after the loss.

The Courier shall continue to be subject to any implied warranty which any legislation provides if and to the extent that the said legislation is applicable to this contract and prevents any exclusion, restriction, or modification of the warranty.