Terms And Conditions

Welcome to the www.qepexpbd.com  website and/or the  QEP Express mobile app. These Terms and Conditions govern your access and use of the Platform and the use of any services, information and functions made available by us at the Platform (“Services”). Before using this Platform or the Services, you must read carefully and accept these Terms and Conditions and all other terms and conditions and policies pertaining to the use of the Platform and/or the Services (collectively referred to as “ QEP Express Terms and Conditions”) and you must consent to the processing of your personal data as described in the Privacy Policy set out at https://qepexpbd.com/privacy-policy/; By accessing the Platform and/or using the Services, you agree to be bound by  QEP Express Terms and Conditions and any amendments to the foregoing issued by us from time to time. If you do not agree to  QEP Express Terms and Conditions and the Privacy Policy, do not access and/or use this Platform and/or the Services.

  • THE WAYBILL

1.1. Any shipment is accepted by  QEP Express through its employees and agents referred to collectively hereinafter as ‘ QEP Express’ subject to the terms and conditions set out hereunder

1.2. The  QEP Express Waybill is non-negotiable and the shipper acknowledges that it has been prepared by the shipper or by  QEP Express on behalf of the Shipper.

1.3. The responsibility of  QEP Express for a shipment accepted under a Waybillceases when the consignee acknowledges the receipt of the shipment by affixing his signature on the Return to Origin copy and/or the delivery sheet.

1.4. All shipments under the Waybill are carried at Owner’s risk.

  • SHIPPERS OBLIGATION AND ACKNOWLEDGEMENT

2.1. By tendering materials for shipments via  QEP Express it is deemed that the shipper agrees to the terms and conditions stated herein.

2.2. The Shipper warrants that he is the owner or the authorised agent of the owner of the goods transported hereunder and that the shipper hereby accepts  QEP Express

terms and conditions for itself and/or as an agent for and on behalf of any other person having any interest in the shipment.

2.3. The shipper warrants that each article in the shipment is properly described on this Waybill and it does not contravene the provisions of law for the time being in force and has not been declared by  QEP Express to be unacceptable for transport as specified under Section 12 below and that the shipment is properly marked and addressed and packed to ensure safe handling. The shipper also accepts that the shipper or consignee can be contacted by  QEP Express for the purpose of feedback or any query related to the shipments sent by the shipper. The shipper indemnifies  QEP Express against any claim or liability related to this.

2.4. The shipper shall be solely liable for all costs and expenses (which shall without limitations include VAT/GST/TAX and other government charges) related to the shipments and for costs incurred either in returning the shipment to the shipper or warehousing the shipment pending such return.

2.5. The Shipper accepts the condition that the shipment is being carried by  QEP Express from point of rendering only up to the address shown on this Waybill and in case this shipment has to be rerouted/redirected/returned for any reason whatsoever, the shipper shall pay in advance all charges levied by  QEP Express for such rerouting/redirection/return as per the normal schedule of  QEP Express as also any GST, custom duties, warehousing charge, freight charges State Local Taxes and import duties etc. applicable thereon.  QEP Express will hold such shipments at Destination mentioned on the Waybill for the maximum period of 10 days from the date of shipment. Thereafter,  QEP Express reserves the right to destroy the shipment without informing the shipper and the shipper shall indemnify  QEP Express against any claim or liability.

2.6.GST (Goods & Service Tax/Custom Duty) The Shipper should ensure compliance as prescribed under GST based on consignment value with effective date of roll out by Government. Any non-compliance in generation of E-way bill by Shipper may result in delay in delivery/non-delivery of shipments booked.

2.7. GST/DUTY shall mean any of the ‘Goods and Service Tax Act’ (GST) as may be applicable including Rules/amendments notified thereunder from time to time.

2.8. Packing of the material rendered for the shipment is the responsibility of the shipper including placement of such materials inside the containers supplied by  QEP Express , if any, notwithstanding anything else in these terms and conditions.

  •  QEP EXPRESS RIGHT OF INSPECTION OF SHIPMENT

3.1.  QEP Express has the right but not the obligation to open and/or inspect the shipment.

3.2.  QEP Express reserves the right to refuse shipments for not conforming to these terms and conditions without assigning any reasons whatsoever.

  • INSURANCE

4.1. While  QEP Express has developed a sophisticated tracking system for all shipments carried in its network and has experienced manpower to handle all shipments, THE SHIPPER may, if he so desires insure his shipments at his own costs.

4.2.  QEP Express can arrange insurance of shipment on behalf of the shipper for the declared value of goods in respect of loss of or physical damage to such shipments.  QEP Express shall be only responsible for the administrative facilitation and arrangement of the insurance policy. The said policy will be subject to the following terms and conditions:

  • Shipper shall pay Freight on Value to  QEP Express which will include applicable premium on the declared value and service charges of  QEP Express.
  • ‘Shipments Insurance’ does not cover any indirect loss or damage, or loss or damages caused on account of any delays in delivery of shipments.
  • Loss or damage to the shipment shall be notified by the shipper/consignee to  QEP Express immediately. The settlement of the claim shall be as per the assessment by the Surveyor appointed by the Insurance Company and shall be binding on the Shipper. Any difference between the amount claimed by the shipper and the actual settlement shall be borne by the Shipper and  QEP Express will not be held liable under any circumstances.
  • Notwithstanding anything slated hereinabove no claim shall be entertained under the Insurance Arrangement, if freight together with FOV charges are not paid by the shipper/consignee to  QEP Express.

 

  • TAXES

All taxes such as GST, custom duties, warehousing charges, freight charges and other statutory payments levied on the shipments are to be borne by the Consignee and in his absence the same will be borne by the SHIPPER.  QEP Express will not extend any credit for GST, custom duties, port charges, warehousing charges, freight charges and other statutory charges.

  • CHARGEABLE WEIGHT

6.1. Every shipment shall be charged by its Gross Weight and Dimensional Weight. Whichever is higher,  QEP Express will charge shipper/Consignee on same as per IATA rules.

 

LIEN ON GOODS SHIPPED

7.1. THE SHIPPER acknowledges  QEP Express right of lien on its shipments for any outstanding freight, any other applicable charges, Central, State and local taxes, duties, levies, advances arising out of transportation and warehousing services, whether pertaining to past or present outstanding, in respect of any or all shipments carried under this Contract and may refuse to surrender possession of the shipments until all such charges are paid.

7.2. Further, if such charges are not paid to  QEP Express within 10 days, then  QEP Express may store the goods at defaulting SHIPPER’s/CONSIGNEE’s own risk, including the warehousing charges and demurrage accruing thereon.

7.3.  QEP Express further reserves its right to sell the goods by public auction, tender, private agreement or otherwise or even destroy the goods without prejudice to  QEP Express other legal remedies to recover its costs, charges and expenses, if the charges as indicated aforesaid are not paid by the SHIPPER/CONSIGNEE within 10 days.

7.4.  QEP Express does not carry any perishable goods. However, in case of perishable goods,  QEP Express shall have the right to dispose off/sell the goods immediately and without any notice and the shipper shall keep  QEP Express indemnified against all claims, charges and expenses incurred by  QEP Express due to such perishable goods entering into the network of  QEP Express.

  • LIMITATION OF LIABILITY

8.1. WITHOUT PREJUDICE TO SECTION 9 AND 10, THE LIABILITY OF  QEP EXPRESS FOR ANY LOSS OR DAMAGE TO THE SHIPMENT (WHICH TERM SHALL INCLUDE ALL DOCUMENTS OR PARCELS CONSIGNED THROUGH  QEP EXPRESS) SHALL BE THE LOWEST OF (A) USD100- OR (B) THE AMOUNT OF LOSS OR DAMAGE TO THE DOCUMENT OR PARCEL ACTUALLY SUSTAINED FOR SHIPMENTS WHICH ARE NOT INSURED AS MENTIONED BELOW and the actual value of the document or parcel so determined will be without regard to the commercial utility or special value to the shipper.

  • The actual value of the document or parcel shall be ascertained by reference to the cost of preparation or replacement/reconstruction value at the time and place of shipment but under no circumstances shall exceed USD100 or as per Invoice Value which provided during shipping.
  • The actual value of a parcel (which term shall include any item of commercial value which is transported hereunder) shall be ascertained by reference to its cost by repair or replacement/resale or fair market value not exceeding the original cost of the article actually paid by the shipper subject to and within overall limit of USD 100.

8.2. In the event of any loss or damage to shipments, which are insured by the shipper,  QEP Express may at the request of the SHIPPER, issue loss/damage/shortage Certificate with the sole purpose of enabling the SHIPPER to lodge insurance claim with its Insurance Company. The SHIPPER agrees and acknowledges that the loss/shortage/damage Certificate will be issued by  QEP Express, without admission of any claim, and that  QEP Express shall be discharged of all liabilities, if any, arising out of the shipment on acceptance of the loss/damage/shortage certified by the Shipper.

8.3. In case of services such as, DOD/FOD etc. offered by  QEP Express.  QEP Express will not be held liable for any civil and/or criminal proceedings as regards any contractual obligations and payment terms between the shipper and the consignee. In the event of any default in payment on the part of consignee, the shipper will not hold  QEP Express responsible for the same in any manner whatsoever.  QEP Express merely carries the instrument under the authorisation conferred by the Shipper and cannot be challenged by the Shipper for the authenticity of such payment made.

  • CONSEQUENTIAL DAMAGES EXCLUDED

QEP Express SHALL NOT BE LIABLE IN ANY EVENT FOR ANY CONSEQUENTIAL OR SPECIAL DAMAGES OR OTHER DIRECT OR INDIRECT LOSS, HOWSOEVER, ARISING WHETHER OR NOT  QEP EXPRESS HAS KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, PROFITS, INTEREST, UTILITY OR LOSS OF MARKET.

  • LIABILITIES NOT ASSUMED

10.1. In particular,  QEP Express will not be liable for any loss and damage to the shipment or a delay in picking up or delivering shipment if it is:

  • Due to acts of God, force majeure occurrence of any cause reasonably beyond the control of  QEP Express or loss or damage caused through strikes, riots, political and other disturbances such as fire, accident of the vehicle carrying the goods, explosions beyond the control of  QEP Express for the goods that are carried by  QEP Express.
  • Caused by:
    • The act, fault or omission/commission of any act of the shipper/the consignee or any other party claiming an interest in the shipment (including violation of any terms or conditions thereof) or any other person.
    • Carriers such as Airlines or Airways not adhering to schedule for any reason whatsoever.
    • Government officials in discharge of their official duties such as Customs/GST inspection etc.
    • The nature of the shipment or any defective characteristics or inherent vice therein.
    • Electrical or magnetic injury erasure or other such damages to Photographic images or recording in any form.

10.2. Notwithstanding what is stated above, whilst  QEP Express will endeavour to exercise its best efforts to provide expeditious delivery in accordance with its regular delivery,  QEP EXPRESS WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR DELAY IN PICK UP, TRANSPORTATION OR DELIVERY OF ANY SHIPMENT REGARDLESS OF CAUSE OF SUCH DELAYS.

10.3. No liability is assumed for any errors and/or omissions in any information/data, which is imparted in respect of the shipment travelling under the Waybill.

10.4. The shipper indemnifies  QEP Express against loss, damages, penalties, actions proceedings etc. that may be instituted by any Government officials in discharge of their official duties including but not limited to Customs/GST inspection etc.

10.5. Shipper agrees to indemnify  QEP Express and keep  QEP Express indemnified at all times against any and all liability, damages, loss which  QEP Express incurs or may incur due to breach of any obligations required to be done by the Shipper under the Provisions of “GST/DUTY Acts”.

  • CLAIMS

11.1. Any claim must be brought by the shipper and delivered, in writing to the office of  QEP Express nearest to the location at which the shipment is accepted within 30 days from the date of such acceptance. No claim can be made against  QEP Express beyond this time limit.

11.2. No claim for loss or damage will be entertained until all charges have been paid. The amount of any such claim will not be deducted from any transportation charges owed to  QEP Express.

  • MATERIALS NOT ACCEPTABLE FOR CARRIAGE

– Classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), any applicable government department or other relevant organization.

– Not permitted by the laws/rules/restrictions in force or no customs declaration is made when required by applicable customs regulations and/or any other relevant laws. Any items notified by  QEP Express  to be restricted and/or banned and/or dangerous and/or prohibited from time to time (such items including but are not limited to animals, bullion, currency, bearer from negotiable instruments, precious metals and stones, firearms or part thereof and ammunition, human remains, pornography and illegal narcotics/drugs). Details available in all  QEP Express offices on request.

NOTE: ALL DISPUTES & CLAIMS ARE SUBJECT TO BANGLADESG LAWS.