ELEX PRODUCTS LIMITED
COURIER SERVICE AGREEMENT
Subject to the terms and conditions of this courier agreement, Elex Products Limited - a detergents manufacturing company hereby appoints and grants a courier individual/company to ship its products to customers and distributors in Kenya.
“Courier” means an individual transporter or a courier company
“Company” means Elex Products Limited
“Sub-Contractor” means and includes: Any person, firm or company with whom the Courier may arrange for the carriage of any goods the subject of this contract
RIGHT TO SUB-CONTRACT.
The company authorizes the courier to engage a Sub-Contractor for the carriage of any of the goods subject to this contract at its discretion.
METHOD OF CARRIAGE.
If the company instructs the Courier to use a particular method of carriage, whether by motorcycle, pickup or lorry, the Courier will give priority to this method, provided that the method can reasonably and conveniently be adopted by the Courier.
Where the Courier cannot reasonably and conveniently give priority to the method specified, the Courier may use any other method or methods to transport the goods at its absolute discretion, and the company deemed to have authorized such other method or methods.
DELIVERY OF GOODS.
The Courier is authorised to deliver the goods at the address given to the Courier by the company for that purpose, and without prejudice to any other method of delivery.
Where a Courier accepts goods from the company for forwarding by road, an address in a town or other place where the Courier has no receiving depot, the goods are deemed to be properly delivered under this contract if they are delivered to the designated agent in that town or other place.
The Company agrees to any deviation by the Courier from the usual route or manner of carriage of the goods, which may be deemed by the Courier to be reasonable or necessary in the circumstances at its absolute discretion.
The courier shall ensure their vehicle/bike is clean and neat at all time of delivery. They shall ensure the goods are delivered clean and neat to the customer/consignee
RESPONSIBILITY FOR LOSS OR DAMAGE TO GOODS OR MIS- DELIVERY.
The courier accepts to take responsibility for the loss of products, delays or mis deliveries and any other liability that may arise out of the mentioned eventualities.
The courier shall report to the company in writing in case of damage, loss or mis delivery within the first 24 hours upon realizing the same
CLAIMING FOR LOSS OR DAMAGE.
Any claim by the Company or the Consignee for loss or damage in whole or in part to the goods the subject of this Contract which are the subject of insurance must be lodged with the Courier in writing within seven (7) days from the date of dispatch of the goods.
INSURANCE OF GOODS.
The Courier will provide the insurance for the goods as the agent of the company
Any dispute arising from a breach of this agreement from any party shall be referred for mediation on the first instance. Incase the parties are unable to resolve the matter at the first instance it shall be referred to arbitration. The dispute will be referred to the chairman of Law Society of Kenya for appointment of arbitrators whose decision will be binding. In case either party is unsatisfied by the arbitrators’ decision, the case shall be presented to the High Court of Kenya for determination.
TERMS OF PAYMENT.
The company and the courier shall agree on the charges and terms of payment favorable to both of parties
VALIDITY & TERMINATION
This contract shall be valid for 12 months renewable.
Any party shall give one week notice in writing in case they want to terminate this contract with or without reason.
TERMS AND CONDITIONS APPLY
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