1. Network shall in these conditions mean NETWORK Express Courier Services Pte Ltd and its appointed agents in the country of domicile of the customers.
2. Any business undertaken by NETWORK is carried out subject to the conditions hereinafter set out, each of which shall be deemed to be incorporated in and to be a condition of any agreement whether written, oral or implied between NETWORK and a cusomer. NETWORK shall not be bound by any agreement purporting to vary these conditions unless such agreement shall be in writing and signed on behalf of NETWORK by a competent officer thereof. In the absence of any such written agreement to the contrary, these conditions shall constitute the entire agreement between NETWORK and each of its customers.
3. NETWORK is not a common carrier and will only carry documents or goods subject to these conditions which can only be altered in accordance with Clause 2 above. NETWORK reserves the right to refuse the carriage or transportation of any documents or goods for any person firm or company and the carriage or Transportation of any, class of documents or goods at its absolute discretion.
4. NETWORK undertakes, subject to payment in accordance with rates notified to the customer from time to time to carry the customers documents or goods between NETWORK and the customers documents or goods by any route and procedure and by successive carriers and according to its handling storage and transportation methods.
5. NETWORK reserves the right to notify customers from time to time of any materials or goods, which are not accepted by NETWORK for carriage (and in this regard see clause 13). Where customers are utilizing NETWORK satchels it is the customers' responsibility to place all document or goods for carriage in the satchel which will be collected from the customers' premises or at otherwise agreed by NETWORK's representative for onward transaction.
6. Any rates quoted by NETWORK for carriage or dispatch are exclusive of deposits or outlays incurred in respect of carriage of the customers documents or goods. Should the customer indicate by endorsement in the space provided on the Domestic Consignment Note that the receiver shall be liable for any additional costs or outlays in respect of carriage of the customers document or goods, the customer will be liable for such costs or outlays in the event of default in payment for the receiver. NETWORK will not be liable for any penalties imposed or loss or damage incurred due to the customers' documents or goods being impounded by customs or local authorities and the customer hereby indemnified NETWORK against any such penalty to loss. Quotations are given on the basis of immediate acceptance and are subjected to withdraw or revision with or without notice.
7. The customer is liable for all losses, damages and expenses arising as a result of its failure to comply with its obligations under this agreement or as a result of its negligence.
8. NETWORK accepts no responsibility for inadequate or inappropriate packaging or damage to documents or goods consigned unless such damage can be proven to have arisen through the gross negligence of NETWORK its servants or agents. It is the sole responsibility of the customers to address adequately each consignment of documents or goods to enable effective delivery to be made. NETWORK shall not be liable for delay in forwarding or delivery resulting from the customers' failure to comply with its obligations in this respect.
9. NETWORK will only carry documents or goods which are the property of the customer warrants that it is authorised to accept and is accepting these conditions not only on behalf of itself but also as an agent for and on behalf of all other persons who are or may hereinafter become interested in the documents or goods. The customer hereby undertakes to indemnify NETWORK again any damages, cost and expenses resulting from any breach of this warranty.
10. NETWORK is responsible for the customers' documents and goods whilst they are within its custody or control and shall only be liable subject to clause 11hereof for loss by the customer due to damage to or loss of the documents or goods carried by it and in particular shall not be liable for any consequential loss however the same shall arise. The parties agree that consequential loss shall be deemed to include without restriction commercial financial or other indirect loss including loss of interest and utility. Whilst NETWORK will try to deliver documents and goods in accordance with any agreed schedule NETWORK will not be liable for delay or non-performance of any carriage.
11. The liability of NETWORK under these conditions shall be limited to the payment by NETWORK by way of damages of an aggregate sum not exceeding S$100.00 in respect of anyone consignment by all its customers collectively.
(a) A "document" or "goods" shall mean any item in the satchel, tube or other container accepted for carriage by NETWORK subject to the exclusion and exceptions set out herein or notified in accordance with clause 5 hereof.
(b) The value of a document shall be ascertained by reference to its replacement or reconstitution value at the time and place of carriage without reference to its commercial utility to the customer and other items of consequential loss.
12. Any claim brought by a customer against NETWORK in respect of duties and liabilities must be notified by the Customer to an office of NETWORK in writing within 14 days from the day when the documents or goods should have reached their destination. No claims may be made against NETWORK outside this time limit.
13. There shall not be conveyed (in addition to those items mentioned in clause 3 hereof) dangerous, hazardous, combustible, explosive, noxious or celeritous materials, gold and silver bullion, coin dust, cyanides or any forms of uncoined gold and silver one bullion, platinum and other precious metals, precious and semi-precious stones including commercial carbons or industrial diamonds, jewellery, currency (paper or coin) of any nationality, traveler's cheques, indecent or obscene print, painting, photograph, lithograph, engraving, book or card, or any indecent or obscene article or any prohibited publications, tapes, cinematograph films or drugs, poisons, items of intrinsic value, firearms or weapons, and in the event that any customer should consign such items with NETWORK the customer shall indemnify NETWORK having knowledge that such items infringe these condition or any Act, rule or regulations prevailing, NETWORK shall have the right of inspecting the goods or documents consigned by its customers to ensure compliance with this clause.
14. All agreements or arrangements made between NETWORK and its customers shall be governed by the law of that country to the courts of which the parties exclusively submit for jurisdiction. Any claims payable hereunder shall be paid in Singapore Dollars.
15. We are not authorised to deliver to postal boxes or convey goods, items, documents, letters and postcards prohibited by the Postal Act of Singapore.