Byahe Express - TERMS AND CONDITION

DELIVERY TERMS AND CONDITIONS

1. BYAHE liability for loss, damage, or delay shall be as follows: (a) For lost or damaged shipments with NO DECLARED VALUE, liability shall only be limited to refund of freight fee, regardless of the actual content of the parcel. (b) For lost or damaged shipments with DECLARED VALUE, liability shall only be limited to the value declared in the Official Receipt, regardless of the actual/declared content of the package, and refund of freight fee. (c) For delay in the delivery, liability shall only be limited to refund of freight fee.

2. BYAHE shall not be liable for loss, damage, or delay arising from act of God, force majeure, acts of government authority, or shipper’s breach of this contract. BYAHE shall not be liable for moral and exemplary damages, and consequential damages, unless, the amount of foreseen consequential damage is declared during the acceptance and higher freight fee is paid.

3. Shipper warrants the following: (a) All information are true and correct, particularly, names and addresses of shipper and consignee, as well as, the declared contents and value of the shipment. (b) The shipment contains no hazardous or prohibited items, e.g. explosives, flammable, firearms and parts, ammunitions, illegal drugs, live animals, and all other items prohibited by law or common carriers, or requires government permit for its transport. (c) The consignee or any person of sufficient age and discretion will be at the given address to receive the shipment at the agreed day of delivery and shipment may be released to the latter in the absence of the consignee.

4. Shipper agrees to check and verify the status of his shipment at any BYAHE branch, customer care hotline, or www.JMSexpress.com within five (5) days from date of acceptance the status posted in the Track and Trace in the mentioned BYAHE website. If undelivered, the status posted in the Track and Trace in the mentioned BYAHE website is deemed sufficient notice to the shipper and the latter must claim his shipment within thirty (30) days from acceptance, otherwise, BYAHE shall dispose the same in a manner it sees fit and apply the proceeds, if any, for storage fee from the date of posting of non-delivery until claimed or disposed.

5. In case shipment is not delivered to the original consignee, delivery to a new address or return to sender as requested by the shipper shall be considered totally new transaction and corresponding freight fee shall apply.

6. BYAHE may open and check the shipment prior to acceptance in the presence of the shipper or authorized representative to ensure that shipment contains no hazardous or prohibited content. BYAHE reserves its right to refuse acceptance which, in its discretion, would be violative of its policies and pertinent laws.

7. Consignee or any person of sufficient age and discretion shall check the shipment upon receipt, shipment is deemed delivered and received in good order and condition in the absence of complaint or noted damage immediately communicated to BYAHE.

8. For COD-COP transactions, BYAHE, not being privy to the transaction, shall not be liable to expected income or value of the shipment returned or refused to accept by the consignee for whatever reason. Shipper agrees that the delivery and collection of his/her COD_COP shipment shall be governed and subject to local/ordinance implemented at the place of origin and destination.

9. Shipper agrees that the payment collected for COD-COP transaction shall be remitted to BYAHE through its money remittance services subject to below terms and conditions of remittance. 10. Payment received by BYAHE for COD-COP shipment with conflicting claims from shipper and consignee shall not be released until and unless they both settled in writing the duly furnished to BYAHE. BYAHE, if necessary, shall resort to consignation of subject amount judicially or extra-judicially, subject to reimbursement of all expenses.

GENERAL TERMS AND CONDITION

Any court action arising from this contract shall be brought in the proper court of Quezon City to the exclusion of all other courts. All claims must be filed in writing within the thirty (30) days from the date of transaction, otherwise the same shall be denied. Sender of his/her representative, if any, warrants that he/she has full legal capacity and authority to enter into this contract, and understood and agreed to the full terms and conditions hereof, as well as the terms and conditions of BYAHE found on its website and displayed in its branches.

“By creating an account and transacting with BYAHE, I warrant that I have read, understood and agreed to the full terms and conditions of BYAHE found in its website and displayed in their branches.”