TERMS AND CONDITIONS OF USE
1.1 In these T&Cs, unless the context otherwise requires, the following words and expressions shall have the following meanings:
“Acceptance” means the point of time at which the Parcel is delivered to its named Recipient at the nominated point of destination;
“Conditions of Carriage” means the terms and conditions which appear as the SCHEDULE to these T&Cs into which every Customer and every Courier shall be deemed to have entered into and be bound by, as the terms and conditions of their Contract;
“Contract” means the agreement between Customer and Courier that is entered into by Customer and Courier as Parties to that agreement, for each and every Delivery of a Parcel that incorporates the Conditions of Carriage;
“Courier” means a person who is:
a) registered with ezyCourier in accordance with the registration procedures of Easy Planet as an person who is willing, for the payment of the Delivery Charge, to make Delivery by land; and
“Courier Account” means an account with ezyCourier opened by a Courier and used in order to access information pertinent to Courier;
“Customer” means a person who is:
a) registered with ezyCourier as a person who is willing to enter into a Contract for Delivery by Courier, a Parcel; and
“Delivery” means the acceptance of a Parcel by Courier for carriage and delivery in performance of a Contract from the time of collection by Courier from Customer to Acceptance by Recipient. Under normal circumstances this would not include storage of a Parcel, unless storage is a specific condition of the Contract between Customer and Courier, but storage may be a necessity in certain circumstances and where those circumstances apply they are stated specifically or where those circumstances apply and are not stated specifically, they are implied;
“Delivery Charge(s)” means the fee payable by Customer to Courier for each Delivery;
“ezyCourier” means the mobile telephony application (“app”) available on Apple™ iOS and Android™ platforms, owned and operated by Easy Planet, and whose purposes and usages include, inter alia, providing a peer-to-peer platform for matching orders for logistic delivery services with the geographically closest available couriers, thereby establishing a new model for logistic delivery services;
“Parcel” means any package of goods collected by Courier for Delivery to Customer. The package of goods must conform to the specifications herein and in the Conditions of Carriage, and if it does not it may be rejected by Easy Planet or Courier at their full, sole and absolute discretion, subject to the rejection not being based on any grounds prohibited by law or any status protected by law and subject to the Code of Conduct and Operational Rules. A package of goods does not need to be packaged, labeled, secured or registered in any way or by any means that may so formally identify it as such to qualify as a Parcel. A Parcel is therefore any item collected by Courier from Customer for Delivery, only in strict accordance with these T&Cs and the Conditions of Carriage;
“Recipient” means a person to whom a Parcel is delivered or intended to be delivered by Courier.
“User Account” means either a Customer Account, Courier Account or both.
1.2 In these T&Cs, unless it is otherwise expressly provided:
(a) the SCHEDULE to these T&Cs shall be taken, read and construed as an essential part of the T&Cs;
(b) the headings and recitals of these T&Cs are inserted for convenience only and shall not be read and or construed as affecting the meaning or interpretation of the T&Cs;
(c) words importing the singular include the plural and vice versa;
(d) words importing a gender include any gender;
(e) an expression importing a natural person includes any company, partnership, joint venture, association, corporation or other body corporate and any Governmental Agency. References to Easy Planet, Customer (hereinafter defined) or Courier (hereinafter defined) include references to their principals, officers, employees and agents in the case of Easy Planet as a legal person, and in the case of Customer and Courier, if they are legal persons;
(f) a reference to any ordinance or by-law includes all ordinances or by-laws amending, consolidating or replacing them;
(g) a reference to a Party to any document includes that Party’s successors and permitted assigns, if any;
(j) a reference to an agreement includes an undertaking, agreement or legally enforceable arrangement or understanding whether or not in writing;
(k) no rule of construction applies to the disadvantage of a Party because that Party was responsible for the preparation of these T&Cs or any part of them;
(l) reference to a time and date concerning the performance of any obligation by a Party is reference to the standard time and date in Hong Kong; and
(m) words denoting an obligation on a person or Party to do any act, matter or thing include an obligation to procure that it be done and words placing a person or Party under a restriction include an obligation not to permit an infringement of the restriction; where an act is required to be done within a specified number of days after or from a specified date, the period is inclusive of and begins to run from the date so specified.
1.2 Easy Planet reserves the right to modify the T&Cs and the Conditions of Carriage at any time. In addition, Easy Planet may vary or amend ezyCourier, the ezyCourier website, the app functionality, the website functionality and/ or the, “look and feel”, of the app or the website at any time without notice and without liability to any Customer or Courier. All Customers or Couriers will be deemed to have accepted any varied or amended terms and conditions intended by Easy Planet to be incorporated into these T&Cs in the event that a Customer or Courier uses the app or website following publication of the varied or amended T&Cs. Changes will not apply to any orders, which have been placed prior to publication of the varied or amended T&Cs.
2. THE SERVICES
2.1 In order to use the Services offered by Easy Planet through ezyCourier:
(a) each Customer or Courier needs to create a User Account and agrees to provide any personal information requested by ezyCourier. A Courier should provide the following:
1. Courier’s name in full
2. Courier’s date of birth
3. Verifiable proof of identity, as evinced by the provision of a valid Identification card and a valid driving licence to staff of Easy Planet
4. Courier’s residential address
5. Courier’s email address
6. Courier’s ezyCourier account details
7. Courier’s mobile telephone number
8. Access to photographs stored on Courier’s mobile device in order that a photograph of the package being collected can be uploaded
9. Access to the camera on Courier’s mobile device in order that a photograph of the package being collected can be uploaded
10. Courier’s current location will be tracked by Easy Planet, using the Global Positioning Satellite (“GPS”) tracking system, and when delivering an order placed through ezyCourier Courier should ensure that GPS is activated and operating continuously and that Courier’s mobile device is powered on until the package has been successfully delivered to and received by Recipient
13. A photograph of Courier’s vehicle for the purposes of verification and identification by staff of Easy Planet
14. A photograph of Courier’s vehicle registration number for the purposes of verification and identification by staff of Easy Planet
In the case of a Customer the following information will be collected:
1. Customer’s name in full
2. Customer’s email address
3. Customer’s ezyCourier account information
4. Customer’s mobile telephone number
5. Customer’s current location will be tracked by Easy Planet, using the Global Positioning Satellite (“GPS”) tracking system, in order to identify the location from which the order should be collected, therefore Customer should ensure that GPS is activated and operating continuously until order is successfully collected by Courier
6. Photographs stored on Customer’s mobile device in order that a photograph of the package being sent can be uploaded
7. Customer’s residential address (this can be accessed through GPS) or entered manually
8. Credit card information for payment as supported by payment processing platforms Braintree and PayPal (subject to the third party privacy policies of Braintree and PayPal)
In the case of an individual receiving and taking delivery of an order (hereinafter referred to as a “Recipient”) the following information will be collected:
1. Recipient’s name in full
2. Recipient’s telephone number (ezyCourier has a facility that allows access to a Customer’s mobile device contact list from which the contact details of a Recipient may be added at the discretion of Customer)
(b) Customers or Couriers agree and accept that all of the information they provide to ezyCourier when setting up their User Account and at any other time will be true, complete and accurate in all respects. Customer or Courier also agree that any information supplied to Easy Planet through ezyCourier will be true, accurate and complete. Easy Planet will not be liable to any Customer or Courier in the event that any information provided by a Customer or Courier (including for the avoidance of doubt another Customer or Courier) is incomplete, inaccurate, misleading or fraudulent. Unless expressly agreed by Easy Planet each Customer or Courier is limited to one User Account per Customer or Courier. No User Account may be created on behalf of or in order to impersonate another person. Should Easy Planet discover that such a fraudulent account has been created, Easy Planet will immediately delete the account and reserves the right to take any further remedial action, including informing the relevant authorities. In such an event creator of the fraudulent User Account shall not have the right or cause or be entitled to make any claim against Easy Planet.
Role of Easy Planet, through ezyCourier: Scope of Services
2.2 The Scope of Services offered by Easy Planet through ezyCourier is as follows:
(a) ezyCourier shall provide a platform for a Customer who wishes to deliver a Parcel to a Recipient, to identify, select, negotiate with and agree to a Contract with a Courier willing to perform the Delivery for an agreed Delivery Charge; and
(b) ezyCourier will provide a payment platform whereby Delivery Charge(s) are collected from Customers and paid to Couriers.
2.3 ALL CONTRACTS ARE STRICTLY MADE BY AND BETWEEN CUSTOMER AND COURIER TO THE FULL AND ABSOLUTE EXCLUSION OF EASY PLANET. Easy Planet shall not be held liable for any Contract formed between Customer and Courier NOR is it a party to the Contract. Easy Planet SHALL ABSOLUETLY NOT BE LIABLE AND HEREBY DISCLAIMS ANY AND ALL LIABILITY OF ANY KIND in respect of ANY breach of ANY Contract OR Warranty between Customer and Courier, OR breach by a Customer or Courier of these T&Cs. EASY PLANET IS NOT AND SHALL NOT ACT AS AN AGENT FOR ANY CUSTOMER OR COURIER. Easy Planet will not contact Customer or Courier and shall not make any efforts, or engage in any activity, or undertake any action whatsoever with a view to directing, influencing or managing the Contract. Easy Planet reserves the right to change any aspect of the app or the Service, which may include adding new services (which may require payment), changes or withdrawal of any part of the Services.
2.4 All collection points and destinations for each Contract must be pre-agreed through the app in advance. Couriers may not collect any Parcels from any location, which has not been pre-agreed with the Customer through the app.
2.5 Any breach of these T&Cs will give rise to immediate suspension of a Customer or Courier’s User Account by Easy Planet, and at the full sole and absolute discretion of Easy Planet they may be restricted from accessing any further Services.
3. OBLIGATIONS OF CUSTOMER AND COURIER
3.1 All Customers using the Services provided by ezyCourier agree that:
(a) all Contracts entered into with any Courier shall be governed by the Conditions of Carriage which appears as the SCHEDULE to these T&Cs;
(b) they will provide accurate information to Courier as to the nature of the Parcel, collection point, time and date of collection, Recipient, destination and any other pertinent information or instructions;
(c) pay the agreed Delivery Charge to Courier directly or through ezyCourier prior to the collection of the Parcel by Courier;
(d) inform Courier immediately of any changes to the Contract. If such changes result in any increase in the Delivery Charge payable by Customer, Customer shall make such additional payment without delay; and
(e) the services rendered by Courier SHALL NOT INCLUDE THE CARRIAGE OF ANY PERSON.
3.2 All Couriers using the Services provided by ezyCourier agree that, in accordance with the Code of Conduct and Operating Procedure:
(a) all Contracts entered into with any Customer shall be governed by the Conditions of Carriage which appears as the SCHEDULE to these T&Cs;
(b) they will present themselves on time and at the place agreed with Customer to collect Parcel; and
(d) inform Customer immediately of any changes to the Contract, including any unavoidable delays in making Delivery.
4. DAMAGE LIABILITY COVERAGE
4.1 Although Easy Planet shall bear no liability whatsoever and hereby disclaims absolutely any liability pursuant to any matter arising from any Contract between Customer and Courier, Easy Planet MAY offer limited damage liability coverage, in a limited amount, against damage to any Parcel belonging to Customer once the Parcel has been collected by Courier for Delivery, subject strictly to terms and conditions of damage liability coverage to be stipulated at time of placement of order, any such terms and conditions supersede this clause 4 and shall be considered definitive in this matter.
5. PAYMENTS TO EASY PLANET AND COURIER
5.1 For Delivery of each Parcel, Easy Planet through ezyCourier shall be entitled to a proportion of Delivery Charge in the minimum amount of 20% (twenty per cent only) of Delivery Charge. The minimum amount stipulated hereinbefore is subject to change in accordance with the Courier Incentive Scheme of Easy Planet whereby Courier will be entitled to a higher proportionate return of Delivery Charge and therefore Easy Planet a lower proportionate return, in the event that Courier successfully Delivers more than a given number of orders in any given calendar month. Courier should refer to the Courier Incentive Scheme as published and revised from time to time, at the sole and exclusive discretion of Easy Courier, for a definitive statement of the proportion of the Delivery Charge due to Easy Planet in any given time period.
5.2 For Delivery of each Parcel, Courier shall be entitled to a proportion of Delivery Charge in the minimum amount of 80% (eighty percent) of Delivery Charge, subject to and in accordance with the provisions of clause 5.1 hereinabove and the Courier Incentive Scheme.
5.2 Easy Planet, through the ezyCourier app may provide 1 (one) of 2 (two) means of payment:
(a) Easy Planet, through ezyCourier may collect up-front from Customer as monies placed on account pre-payment sums that shall be deducted as fees payable to Courier for the performance of any Contract, the Delivery Charge. Where such upfront sums are deducted in this manner, the proportion of the Delivery Charge payable to Courier for Delivery shall be credited to the account of Courier by Easy Planet through ezyCourier after deduction of other costs; OR
(b) Customer shall pay Courier the Delivery Charge for Delivery upon collection of a Parcel. The proportion of the Delivery Charge payable to Easy Planet through ezyCourier shall be remitted by Courier to Easy Planet through Courier’s User Account, after the receipt of the Delivery Charge, in accordance with the provisions provided to Courier by Easy Planet from time to time for any given time period. Any such terms and conditions supersede this clause 5.2 (b) and shall be considered definitive in this matter.
5.3 Customer shall not be entitled to set off any payment due to Courier under the Contract against any claim made by Customer.
6. DISPUTES BETWEEN CUSTOMER AND COURIER
6.1 Easy Planet will provide Customer and Courier with an online service for resolving disagreements or disputes. This service is non-binding. Easy Planet is under no obligation to seek to resolve disagreements or disputes between Customer and Courier and this service is offered at Easy Planet’s sole discretion and expense and may be withdrawn at any time.
6.2 In the event that Customer and Courier are not able to resolve any disagreement or dispute that may arise Customer and Courier may resort to arbitration before the Arbitration Tribunal of Hong Kong. Any decision of the Arbitration Tribunal of Hong Kong shall be binding on both Parties, except insofar as any decision of the Arbitration Tribunal is appealable to the High Court of Hong Kong.
6.3 In the event that any disagreement or dispute is not settled and resort to Arbitration is required, Easy Planet reserves the right to retain any sums paid by Customer (if any) until a mutually amicable binding resolution has been reached between Customer and Courier or a definitive judicial decision has been made.
7.1 A Customer or Courier can verify accuracy of their mobile number. Customer or Courier may do this by providing ezyCourier with their mobile telephone number, after which Customer or Courier will receive an SMS with a 4-digit code which can be validated on the ezyCourier website. This service is provided free of charge, except for the possible cost levied by a Customer or Courier’s mobile telephone operator for receiving the SMS.
8.1 EASY PLANET IS NOT A PARTY TO ANY CONTRACT BETWEEN CUSTOMER AND COURIER AND SHALL NOT BE LIABLE AND HEREBY DISCLAIMS ABSOLUTELY ANY AND ALL LIABILITY WHETHER IN CONTRACT, TORT OR NEGLIGENCE TOWARDS CUSTOMER OR COURIER FOR ANY LOSS, DAMAGE OR HARM SUFFERED BY CUSTOMER OR COURIER ATTRIBUTABLE TO ANY DELIBERATE, WILFULL OR NEGLIGENT ACT OR FAILURE TO ACT BY EITHER PARTY. EASY PLANET WILL ONLY BE HELD LIABLE FOR ANY LOSS, HARM OR DAMAGE SUFFERED BY CUSTOMER OR COURIER RESULTING FROM ANY DELIBERATE OR WILFULL OR NEGLIGENT ACTION OR FAILURE TO ACT BY EASY PLANET, ITS OFFICERS AND EMPLOYEES ACTING IN THEIR CAPACITY FOR OR ON BEHALF OF EASY PLANET AND DISCHARGING DUTIES IN PURSUANCE THEREOF, ACTING OR FAILING TO ACT ON ITS OWN BEHALF AS ADJUDGED AT LAW BY A COURT OF COMPETENT JURISDICTION.
8.2 EASY PLANET SHALL NOT BE LIABLE AND HEREBY DISCLAIMS ABSOLUTELY ANY LIABILITY FOR ANY LOSS, HARM OR DAMAGE ARISING AS A RESULT OF:
(a) ANY DISCREPANT, INACCURATE, MISLEADING, UNTRUTHFUL, FRAUDULENT WHETHER PROVIDED DELIBERATELY, WILFULLY OR NEGLIGENTLY OR THROUGH NO FAULT, BY CUSTOMER, INFORMATION PURSUANT TO THE PURPOSE OF THESE T&CS, A DELIVERY, A USER ACCOUNT OR A RECIPIENT;
(b) ANY DISCREPANT, INACCURATE, MISLEADING, UNTRUTHFUL, FRAUDULENT WHETHER PROVIDED DELIBERATELY, WILFULLY OR NEGLIGENTLY OR THROUGH NO FAULT, BY COURIER, INFORMATION PURSUANT TO THE PURPOSE OF THESE T&CS, A DELIVERY, OR A USER ACCOUNT;
(c) THE CANCELLATION OF A CONTRACT BY CUSTOMER OR COURIER;
(d) FAILURE BY CUSTOMER TO PAY THE DELIVERY CHARGE TO COURIER; OR
(e) ANY FRAUD, FRAUDULENT MISREPRESENTATION OR BREACH OF DUTY OR BREACH OF ANY OF THESE T&CS BY CUSTOMER OR COURIER PRIOR TO, DURING OR AFTER ACCEPTANCE OF DELIVERY.
8.3 EASY PLANET SHALL NOT BE LIABLE AND HEREBY DISCLAIMS ABSOLUTELY ANY LIABILITY TOWARDS CUSTOMER OR COURIER FOR ANY DIRECT COMMERCIAL, FINANCIAL OR ECONOMIC LOSS WHATSOEVER OR FOR ANY CONSEQUENTIAL OR INDIRECT LOSS INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR HARM TO REPUTATION, BARGAIN, PROFIT, SAVINGS, ANTICIPATED SAVINGS, ANTICIPATED EARNINGS OR OPPORTUNITY ARISING AS A RESULT OF THE SERVICES PROVIDED BY EASY PLANET THROUGH EZY COURIER WHETHER SUFFERED AS A RESULT OF ANY WILFULL OR NEGLIGENT ACT OR FAILURE TO ACT BY EASY PLANET, TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, EXCEPT INSOFAR THAT THE AFOREMENTIONED LOSS, HARM OR DAMAGE WAS CAUSED BY THE WILFULL FRAUD, WILFULL CONCEALMENT, THEFT OR WILFUL CRIMINAL ACT OR FAILURE TO ACT OF EASY PLANET, ITS OFFICERS OR EMPLOYEES.
8.4 INCLUDING TO THE ABSOLUTE EXCLUSION ANY INFORMATION EASY PLANET IS ABLE TO VERIFY AS BEING IN ACCORDANCE WITH THE CLAIMS PROVIDED TO IT THROUGH A USER ACCOUNT ON ESY COURIER, EASY PLANET SHALL NOT BE LIABLE AND HEREBY DISCLAIMS ABSOLUTELY ANY LIABILITY WHATSOEVER FOR THE ACCURACY, CORRECTNESS, TRUTHFULNESS, COMPLETENESS OR VALIDITY OF INFORMATION PROVIDED TO IT BY CUSTOMER OR COURIER THROUGH A USER ACCOUNT, NOR SHALL EASY PLANET BE AND HEREBY DISCLAIMS ABSOLUTELY ANY LIABILITY FOR ANY DELIBERATE OR WILFULL ACTS, OR FAILURES TO ACT, OMISSIONS OR NEGLIGENCE OF CUSTOMER OR COURIER ARISING OUT OF OR IN RELIANCE ON ANY SUCH INFORMATION.
9. DELETION OF USER ACCOUNTS
9.1 Easy Planet reserves the right, at its full, sole, absolute and exclusive discretion to delete the User Account of any Customer or Courier, without notice, in the event that Customer or Courier breach any of these T&Cs, or the Conditions of Carriage.
10. INTELLECTUAL PROPERTY
10.1 Easy Planet hereby asserts its rights to, and reserves any and all intellectual property rights, titles and interests of any kind or nature whatsoever, whether proprietary or otherwise, throughout the world including all present, future, contingent, beneficial, registered and unregistered rights which subsist in, but are not limited to, copyright, patents, trademarks, designs, databases, software codes, designs and models, which are the sole, exclusive, absolute and unencumbered property of Easy Planet, in ezyCourier.
10.2 CUSTOMER, COURIER AND ANY THIRD PARTY ARE HEREBY EXPRESSLY FORBIDDEN FROM, UNDER PAIN OF ACTION BEING TAKEN BY EASY PLANET TO THE FULLEST EXTENT AVAILABLE UNDER THE LAW, AND CUSTOMER AND COURIER AND ANY THIRD PARTY AGREE NOT TO OR NOT ATTEMPT TO OR ENABLE OTHERS TO, copy (except as expressly permitted by the Software License supplied with ezyCourier at time of sale), systematically extract, and/or reutilize any part of ezyCourier (in particular, the use of data mining, robots, or similar data gathering and extraction tools to extract, whether once or more times) for re-utilization of any substantial parts of the app, decompile, reverse engineer, disassemble, attempt to derive the source code of or reduce to any human readable form, decrypt, modify, or create derivative works of ezyCourier or any Services provided by ezyCourier or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law).
10.3 CUSTOMER AND COURIER ARE HEREBY EXPRESSLY FORBIDDEN FROM, UNDER PAIN OF ACTION BEING TAKEN BY EASY PLANET TO THE FULLEST EXTENT AVAILABLE UNDER THE LAW, AND CUSTOMER AND COURIER AGREE NOT TO OR NOT ATTEMPT TO OR ENABLE OTHERS TO allow ezyCourier or any portion of the app to be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose WITHOUT PREVIOUSLY HAVING RECEIVED THE EXPRESS APPROVAL OF EASY PLANET IN WRITING.
11.1 CUSTOMERS AND COURIERS ARE HEREBY STRICTLY PROHIBTED from publishing any defamatory, willfully inaccurate, libelous, misleading or offensive content or any content which infringes any other person’s intellectual property rights (to be understood with reference to the intellectual property items listed in clause 10.1 hereinabove). The publication of any such content contravenes the policies of Easy Planet and Easy Planet hereby denies and disclaims absolutely ANY AND ALL liability in respect of such content whether in contract, tort or negligence, and any party whether Customer and Courier or third party that published such content through the User Account in question shall be held personally liable for any damages or other liability arising and agrees to indemnify Easy Planet, absolutely and in full, against any liability which may arise against Easy Planet as a result of the publication of any such content. The foregoing notwithstanding, in accordance with the stated policy of Easy Planet, Easy Planet will, upon becoming aware of any such infringing content, immediately delete such content from ezyCourier.
© Copyright Easy Planet Limited, 2015
Conditions of Carriage
1.1 In these Conditions of Carriage:
The terms defined in clause 1.1 of the T&Cs have the same meaning applied to them herein.
In addition, the following words and phrases have the following meanings applied to them, unless the context states specifically otherwise
“Authorized Person” means:
(a) any person authorized by Customer or Recipient to Accept Delivery of Parcel by Courier. Such person may be Recipient or another person;
“Business Days” means any day of the calendar week, excepting Sundays, general holidays and public holidays, when banks are open in Hong Kong for the transaction of consumer or retail banking business;
“Dangerous Drugs” means any substances listed in the Dangerous Drugs Ordinance and to any goods or substances that may be further defined as Dangerous Drugs under Ordinance or regulation;
“Dangerous Goods” means, including but not limited to, any and all explosives (as defined in the Dangerous Goods Ordinance as amended), firearms, weaponry (of any kind or an implement that is designed with the specific purpose and intention in mind of causing injury or bodily harm to another person and would in all circumstances of civilian life be considered a weapon) and their parts, compressed gases, petroleum (as defined in the Dangerous Goods Ordinance (as amended)) and other substances giving off inflammable vapours, substances giving off poisonous gas or vapour, corrosive substances, substances which become dangerous by interaction with water or air, substances liable to spontaneous combustion or of a readily combustible nature, radioactive material; human corpses or body parts, cremated or disinterred human remains; blood, urine and other liquid; diagnostic specimens containing infections substance or etiological agents; live insects, animals; hazardous waste and used hypodermic needles and/or syringes, sharp or medical waste; and to any goods or substances that may be further defined as Dangerous Goods under Ordinance or regulation;
“Delay” means failure by Courier to Deliver a Parcel or any part thereof within 3 (three) Business Days of the agreed Delivery date;
“Delivery Address” means the Parcel Delivery address provided by Customer to Courier;
“Illicit Goods or Substances” means any goods and substances that may be defined as Illicit Goods or Substances under Ordinance or regulation, including but not limited to pornography; goods or Parcels in which they are contained, which may cause damage to, or delay of, equipment, or harm to Courier or Courier’s personnel; goods or Parcels in which they are contained which require Courier to obtain special or specific licence(s) or permit(s) for transportation and storage; goods or the Parcels in which they are contained, the carriage and/or storage of which is prohibited by any Ordinance or regulation; dead animals and animals that have been mounted.
“Recipient Information” means the following information that shall be provided by Customer to Courier for purposes of the performance of the Contract:
a) the name of the Recipient;
b) the Delivery Address; and
c) if the Delivery Address is a residential address, additionally the Recipient’s mobile telephone number or in the event that the Recipient does not have a mobile telephone number, a daytime fixed line telephone number or the Recipient’s e-mail address; or
d) if the Recipient is a registered company that operates from a residential address, the mobile telephone number of an authorized representative of the company or in the event such person does not have a mobile telephone number, a daytime fixed line telephone number or an e-mail address; and
“Reverse Pickup” means a Parcel collected by Courier from an address other than Customer’s address and is Delivered to another address provided by Customer.
2. APPLICATION OF CONDITIONS
2.1 These Conditions of Carriage form part of the Contract, which together constitutes the whole agreement between Customer and Courier.
2.2 Customer and Courier each acknowledge that, in entering into a Contract, neither Customer nor Courier relies on any representation or warranty (whether made innocently or negligently) that is not set out in these Conditions of Carriage.
3. COURIER IS NOT A COMMON COURIER
3.1 Courier is not a common courier and accepts no liability as such and may at his sole and exclusive discretion:
(a) refuse Delivery of any Parcel;
(b) open any document, envelope, package or other container in which goods are placed or packaged in order to inspect Parcel to determine the nature or condition of the goods, in order to ensure that the goods contained therein are not Dangerous Goods, Dangerous Drugs or Illicit Goods or Substances or any item that Courier is not permitted by law to carry or transport or is not licensed to carry or transport; or to ascertain the ownership or destination of the Parcel where any consignment note or identifying document or mark is lost, damaged or destroyed.
4.1 Customer warrants that:
4.1.1 to the best of Customer’s knowledge, Recipient Information is correct and that Customer has not knowingly provide false, inaccurate or fraudulent Recipient Information to Courier;
4.1.2 Customer is authorized by Recipient to provide Recipient Information;
4.1.3 he contracts as:
(i) the legal owner of the right and title in the goods contained in Parcel; OR
(ii) the authorized agent of such legal owner of the right and title in the goods contained in Parcel, in which case Customer warrants that Customers has the authority to accept these Conditions of Carriage on behalf of the legal owner;
4.1.4 Parcel is packed and secured in a manner adequate to withstand the ordinary risks associated with Delivery having regard to the nature of the goods; Customer further warrants that should Customer find that Parcel requires specialized packing and securing Customer will take reasonable steps to ensure that such packaging and securing is made prior to collection by Courier FAILURE TO TAKE REASONABLE STEPS TO PACKAGE AND SECURE PARCEL IS ENTIRELY AT CUSTOMER’S OWN RISK;
4.1.5 Parcel will be available for collection by Courier on the date and at the time specified by Customer;
4.1.6 that Customer has complied with all laws and regulations relating to the packaging and labeling of Parcel and that the markings and brandings of Parcel and any items contained therein and the descriptions, value and other particulars furnished to Courier are, to Customer’s best knowledge, accurate in all material respects and Customer has not willfully or negligently provided factually inaccurate, misleading or unreliable information to Courier;
4.1.7 any person who is not Customer and who delivers a Parcel to Courier is acting as his servant or agent and is duly authorized to sign any consignment note and to accept these Conditions of Carriage on behalf of Customer;
4.1.8 Customer has not tendered for carriage or storage any Dangerous Goods, Dangerous Drugs, Illicit Goods or Substances or items that would require Courier to possess a specific license or permit in order to carry or transport;
4.1.9 Customer has not tendered for carriage or storage any fragile goods.
4.2 In the event of a breach by Customer of any warranty under clause 4.1 Courier may at Courier’s sole and exclusive discretion and without prejudice to any other right or remedy Courier may have for breach of warranty or contract or otherwise under these Conditions of Carriage:
(a) if, prior to payment of Delivery Charge, decline to enter into a Contract with Customer, and if after payment of Delivery Charge, repudiate and terminate the Contract, in which case and for the avoidance of doubt, Customer will not be entitled to a refund; or
(b) accept Parcel for Delivery at CUSTOMER’S SOLE AND ABSOLUTE RISK.
5. COURIER’S OBLIGATIONS
Customer hereby acknowledges and consents that:
5.1 Courier’s obligation for Parcel shall commence when:
(a) Courier has taken physical possession of Parcel from Customer; OR
(b) Courier has taken physical possession of Parcel from Recipient (in the event that Customer provides a return service and the Parcel is being returned by Recipient); OR
(c) Parcel is deposited by Customer at the premises of Courier and left in possession of Courier until Delivery by Courier;
5.2 Courier’s obligation and liability for Parcel shall, subject to the following provisions of this clause 5, end when:
(a) Courier relinquishes physical possession of Parcel at Delivery Address (and in the event that the Contract is made subject to Proof of Delivery, Courier shall obtain such Proof);
(b) Courier relinquishes physical control of Parcel to Customer (in the event that Customer provides a return service and Parcel is being returned by Recipient); OR
(c) in the event that Recipient cannot be reached at Delivery Address and the Contract is made subject to Proof of Delivery Courier may deposit Parcel with an Authorized Person subject to the requirement that Courier shall obtain Proof of Delivery and Courier’s obligation towards Parcel shall thereby end. In the even that an Authorized Person cannot be reached, Courier shall leave a calling card at the Delivery Address and act in accordance with the provisions of clause 5.4 (c);
5.4 in the event that Delivery Address is unattended and the Contract is not subject to Proof of Delivery Courier may at Courier’s sole and absolute discretion do any of the following:
(a) deposit Parcel at a safe location at Delivery Address. For the avoidance of doubt, a safe location is a location that in the reasonable opinion of Courier is:
(i) clean and dry;
(ii) not exposed to the elements or pets; and
(iii) not in view of the general public, and Courier shall notify Recipient by calling card and/or letter, telephone, text message, fax or e-mail of the delivery and safe location of Parcel and Courier’s obligation towards Parcel shall thereby end; OR
(b) deposit Parcel with an Authorized Person subject to Courier notifying Recipient by calling card and/or letter, telephone, text message, fax or e-mail of the delivery and safe location of Parcel and Courier’s obligation towards Parcel shall thereby end; or
(c) store Parcel at Customer’s sole and absolute risk and:
(i) Customer shall pay on demand to Courier all costs and expenses incurred in relation to such storage; and
(ii) Courier may thereafter deliver Parcel to Customer from the place of storage at Customer’s further expense subject only to Courier notifying Recipient and/or Customer by calling card, letter, telephone, text message, fax or e-mail of the availability of Parcel. For the avoidance of doubt, Courier’s obligation towards Parcel shall end on such notification;
5.5 if it has been agreed that Recipient will collect Parcel from Courier’s premises, Courier may release Parcel to Recipient or an Authorized Person and Courier shall be deemed to have delivered Parcel in accordance with these Conditions of Carriage if Courier obtains from that Recipient or Authorized Person, Proof of Delivery;
5.6 at any time during the term of the Contract Customer may request or Courier may recommend variations to the Service and/or variations to any other matters covered by the Contract. Courier shall investigate the likely impact of any such requested or recommended variations upon the Service, the charge for the Service and other aspects of the Contract and shall report promptly to Customer. Courier shall not be obliged to agree to any requested or recommended variation and the manner of the provision of the Delivery shall be at Courier’ sole and exclusive discretion;
5.7 delivery times are given by Courier in good faith but are an estimate only and time of delivery of Parcel is not of the essence of the Contract;
5.8 Courier shall not deliver any Parcel subject to Payment on Delivery unless such Payment has been received by Courier. Courier shall not be obliged to inspect or verify the Payment and shall not be liable to Customer or any other person for any direct, indirect or consequential loss arising or damages suffered in connection therewith. The Payment is not covered by the Courier’s policy of insurance and shall be held by Courier at Customer’s risk. For the avoidance of doubt, the Payment must be available for collection by Courier at the time of delivery failing which Courier shall not be obliged to deliver Parcel;
5.9 Pursuant to clause 4.1.6 Courier shall not be obliged to perform any Contract in which Recipient Information is not materially accurate;
5.10 Courier’s TOTAL LIABILITY is limited in accordance with the provisions of clause 7 hereinafter and that all other liability is hereby expressly excluded and no further liability will be acknowledged or accepted by Courier beyond that stated in clause 7.
6. LIABILITY FOR LOSS, DAMAGE OR DELAY
6.1 Subject to clause 6.2 hereinafter Courier shall be liable (whether such liability arises in contract, tort (including negligence), and breach of statutory duty or otherwise) for:
(a) any loss of or damage to the goods in Parcel occurring whilst Courier is in physical possession and therefore obligated to Customer for Parcel;
(b) delay in the carriage of Parcel arising from the negligence of Courier; Courier shall not be liable for loss, damage or delay caused by events Courier cannot control.
6.2 Courier’s liability is restricted to the financial limits imposed under clause 7 of these Conditions of Carriage unless otherwise agreed in writing between the Contracting Parties prior to conclusion of their Contract.
6.3 Subject to the provisions of clause 6.4 hereinafter, Courier shall not be liable for losses that result from any failure to comply with these Conditions of Carriage that fall into the following categories:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time.
6.4 Nothing in these Conditions of Carriage shall exclude or limit Courier’s liability for:
(a) death or personal injury caused by any willful act or negligence of Courier;
(b) fraud or fraudulent misrepresentation;
(c) any other matter which it would illegal for Courier to exclude or attempt to exclude liability.
6.5 Courier shall not be liable for any loss, damage, delay, incorrect delivery, non-delivery, misinformation, or any failure to provide information, except such as may result from negligence solely attributable to act or failure to act by Courier alone. In addition to the exclusions stated hereinabove and hereinafter, Courier shall not be liable for any loss, damage, delay, incorrect delivery, non-delivery, misinformation or failure to provide information caused by or resulting in whole or in part from:
(i) Perils of the air, public enemies, criminal acts of any person(s) or entities including, but not limited to, acts of terrorism, public authorities acting with actual or apparent authority, authority of law, local disputes, civil commotions, hazards incident to a state of war, local, national or international weather conditions (as determined solely by Courier), local, national or international disruptions in air or ground transportation networks (as determined solely by Courier), strikes or anticipated strikes (of any entity, including but not limited to, other carriers, vendors or suppliers), labour disruptions or shortages caused by pandemic conditions or other public health event or circumstances, natural disasters (earthquakes, floods and hurricanes are examples of natural disasters), conditions that present a danger to Courier or, if applicable, its personnel, and disruption or failure of communication and information systems (including, but not limited to, Courier’s systems);
(ii) compliance or noncompliance with verbal or written delivery instructions from Customer, Recipient or persons claiming to represent the Customer or Recipient beyond those considered essential for the performance of the Contract and stated in clause 6.2 (a) hereinabove;
(iii) Courier’s compliance or noncompliance with any request to intercept Parcel(s) in transit, or to prevent Delivery;
(iv) Damage or loss of goods or the Parcel in which they are contained packed and sealed by Customer or by person(s) acting at Customer’s direction, provided the seal is unbroken at the time of Delivery, the Parcel retains its basic
(v) integrity, and the Recipient Accepts the Parcel without noting the damage on the delivery record;
(vi) Courier’s inability or failure to complete Delivery, or a delay to any Delivery, resulting from acts or omissions of the civil authorities or regulatory agencies;
(vii) Courier’s inability to provide a copy of the delivery record or a copy of the signature obtained at Delivery;
(viii) Erasure of data from or the loss or irretrievability of data stored any form of storage media;
(x) Courier’s failure to honour package orientation graphics, markings, “fragile” labels or other special directions concerning packages;
(xi) Courier’s failure or inability to attempt to contact Customer or Recipient concerning incomplete or inaccurate address; incorrect, incomplete, inaccurate or missing documentation;
(xii) Customer’s failure to properly designate a Delivery address as a Residential Delivery or Commercial Delivery, including delivery addresses that were processed through any address verification function or program;
(xiii) Any package where Courier’s records do not reflect that the Parcel was tendered to Courier by Customer;
(xiv) Use by Customer of an incomplete, inaccurate, or invalid User Account or failure by Customer to provide a valid User Account in good credit standing and the requested and required information;
(xv) The tendering of and placement for Delivery of perishables or commodities that could be damaged by exposure to heat or cold, including, but not limited to, the shipment of any alcoholic beverages, plants and plant materials, tobacco products, eggs (of any kind), or live aquaculture;
(xvi) Damage to any electronic equipment, or any components thereof, when tendered for Delivery in any packaging other than:
1. The manufacturer’s original packaging, which is undamaged and has retained a good, rigid condition;
2. Packaging that is in accordance with the Packaging Guidelines attached herewith as SCHEDULE APPENDIX A;
(xvii) Courier shall not be liable for the failure to provide any services or service options where Courier’s records do not reflect that the services or service options were selected by Customer.
7. LIMITATION OF LIABILITY OF COURIER
7.1 COURIER’S TOTAL LIABILITY IS LIMITED IN ACCORDANCE WITH THE PROVISIONS OF THIS CLAUSE 7 TO THE EXCLUSION OF ALL OTHER LIABILITY WHICH WILL NOT BE ADMITTED OR ACCPETED NOR SHALL CUSTOMER HAVE ANY SUCH CLAIM AGAINST COURIER FOR ANY DAMAGES BEYOND THOSE DETAILED HEREIN.
7.2 Courier shall have no liability whatsoever to Customer, Recipient, Authorized Person or any other person in respect of any Parcel which is not contracted on a Proof of Delivery basis.
7.3 The liability of Courier in respect of the matters specified under the aforementioned clause 6.1 shall be limited in the amount of HK$1000.00 (one thousand Hong Kong dollars only) within the territory of the Hong Kong Special Administrative Region.
8.1 Courier shall not be liable for damage to any goods or of part or the whole of the Parcel unless:
(a) notice specifying the general nature thereof is given by Customer to Courier within 1 (one) Business Day from Courier’s obligation for Parcel having ended in accordance with the provisions of clause 5 hereinabove;
(b) a fully completed Claims Form is submitted to Courier within 7 (seven) calendar days of notification in accordance with condition 8.1 (a) (and is acknowledged in writing as received by Courier); and
(c) the damaged goods in the Parcel are made available to Courier’s representative for inspection for a reasonable period following notification of the claim in accordance with condition 8.1 (b).
8.2 Courier shall be liable for delay in Delivery of whole or part of the Parcel only to the extent acknowledged by clause 6.1 (b) hereinabove and the provisions of clause 7 hereinabove.
8.3 Courier shall not be liable for the loss of a Parcel or any part thereof unless Customer has submitted a fully completed Claims Form (which is acknowledged in writing as received by Courier) in respect of such loss within 21 (twenty one) Business Days of the date by which the Delivery should have been made or if no date for Delivery has been agreed within (30) Business Days of the date that Courier’s obligation by physical possession of Parcel commenced.
8.4 Pursuant to clause 4.1.1 Courier shall not be liable in the event that Customer has willfully or negligently provided false, inaccurate or fraudulent information to Courier thereby causing a delay in Delivery, frustrating Delivery or failing any reasonable remedy available to Courier to Deliver the Parcel, the repudiation of the Contract between Customer and Courier.
9. EVENTS BEYOND COURIER’S CONTROL (FORCE MAJEURE)
9.1 Courier will not be liable or responsible for any failure to perform, or Delay in performance of, any of his obligations under a Contract that is caused by events outside Courier’s reasonable control (“Force Majeure Event”).
9.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, snow, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks; and
(f) the acts, decrees, legislation, regulations or restrictions of any government.
9.3 Performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and Courier will have an extension of time for performance for the duration of that period. If Courier determines that the Force Majeure Event may continue indefinitely, Courier reserves the right to cancel a Contract and Courier will inform the Customer as soon as practicable in that event.
10. LIEN AND POWER OF SALE
10.1 Subject to payment being made in accordance with the provisions of clause 5 of the T&Cs hereinbefore, all Contracts are subject to a lien for all charges due to Courier from Customer under the Contract or otherwise for Delivery and/or the storage of the Parcel and goods contained therein and other proper charges or expenses incurred in respect of or in connection with Delivery. If such a lien is not satisfied by payment within a reasonable time of Courier’s demand for payment then Courier shall been entitled to sell the goods provided that such sale is permitted by law and to thereafter pay to Customer the net proceeds of sale after deductions of all charges payable to Courier under the Contract or otherwise for Delivery together with all properly incurred expenses in relation to the sale of the goods and Customer shall (without prejudice to any claim or right which the Customer may have against Courier otherwise arising under these Conditions of Carriage) discharge Courier from all liability in respect of such goods, their carriage and storage.
10.2 The goods may not be sold unless Courier shall have made every reasonable effort (having regard, if appropriate, to the perishable nature of the goods) to notify Customer of Courier’s intention to sell the goods. The goods may then be sold unless within a reasonable period of time (such time to be specified in the notice) Customer shall have arranged to collect the goods or given instructions for their disposal and have paid, without prejudice, all outstanding charges as referred to in these Conditions of Carriage, including any storage charges which may have been incurred during the time that the goods have been retained.
10.3 Pending the expiry of such periods of notice as aforesaid and of disposal of the goods under these provisions Courier shall, at the expense of Customer, have authority to arrange proper storage of the Parcel. During such period of storage the goods will be held at Customer’s sole risk and Courier shall not be liable for loss or damage of the goods howsoever caused.
10.4 In the event of a sale under this condition Courier shall do what is reasonable to obtain the market value of the goods (subject to any unavoidable deterioration or depreciation thereof). Should the goods have no market value, Courier may dispose of them subject to compliance with all legal requirements in force in respect of such goods.
10.5 In circumstances in which Courier is unable to obtain further written instructions, Courier may, in respect of Dangerous Goods only, at his sole discretion dispose of the goods or return them to Customer. In the event that such action is taken by Courier, Courier shall comply with all prevailing legal requirements that may be in force in respect of the goods. Any such action taken by Courier under this condition shall be at the sole risk and expense of Customer.
10.6 In the event that the Parcel or any part thereof is not the property of Customer, Customer warrants that Customer has the authority to grant to Courier a particular lien against the owner in title. Courier may hold the goods against the owner for any unpaid monies applicable to those goods only, but he may not sell or dispose of the goods in any way without the express consent of the owner in title.
11. NATURE OF GOODS; PROHIBITION OF CERTAIN GOODS
11.1 Customer IS STRICTLY FORBIDDEN TO TENDER TO COURIER OR TO PLACE FOR DELIVERY AND/OR STORAGE ANY DANGEROUS DRUGS, DANGEROUS GOODS OR ILLICIT GOODS OR SUBSTANCES.
11.2 If, in the opinion of Courier, any items, parcels or goods forming part of a Parcel are or are liable to become Dangerous Goods, such items or goods within the Parcel may at any time be destroyed, disposed of, abandoned or rendered harmless by Courier without compensation to, but at the sole expense of Customer and without prejudice to Courier’s right to the Delivery Charge and other charges under these Conditions of Carriage.
11.3 Customer shall indemnify and keep indemnified on a full indemnity basis Courier against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by Courier arising out of or in connection with any breach of this clause 11.
11.4 Customer shall not tender for Delivery or storage any fragile goods without presenting a full written description disclosing the nature of the goods.
11.5 Courier may at Courier’s sole and exclusive discretion accept the following items for carriage STRICTLY ON CONDITION THAT any such items ARE NOT COVERED by Courier’s policy of insurance and are deemed to be at Customer’s sole, absolute and exclusive risk:
(i) artwork, including any work created or developed by the application of skill, taste or creative talent for sale, display or collection. This includes, but is not limited to, items (and their parts) such as paintings, drawings, vases, tapestries, limited edition prints, fine art, statues, sculpture, collectors’ items, photographic negatives, photographic chromes, photographic slides and any other commodities that by their inherent nature are particularly susceptible to damage, or the market value of which is particularly variable or difficult to ascertain;
(ii) antiques, including any commodity which exhibits the style or fashion of a past era and whose history, age or rarity contributes to its value. These items include, but are not limited to, furniture, tableware, glassware and collectors’ items such as coins, stamps, sports cards, souvenirs and memorabilia;
(iii) glassware, including, but not limited to, signs, mirrors, ceramics, porcelains, china, crystal, glass, framed glass and any other commodities with similarly fragile qualities;
(iv) jewellery, including, but not limited to, watches and their parts, precious and semi-precious gems or stones whether cut or uncut, industrial diamonds and costume jewellery;
(v) precious metals, including, but not limited to, gold and silver bullion, dust, precipitates or platinum (except as an integral part of electronic machinery);
(vi) furs, including but not limited to, fur clothing, fur-trimmed clothing and fur pelts;
(vii) scale models (including, but not limited to, architectural models and dollhouses) and prototypes;
(viii) perishable Parcels or the goods within them, unless packaged for a minimum transit time of at least 24 hours greater than Courier’s Delivery commitment time. Tendering perishable goods for Delivery over a weekend or holiday is discouraged, and packaging such Parcels for longer Delivery times is required;
(ix) automotive spare parts.
11.6 Customer is responsible for the packaging and labeling of any items or good that form part of the Parcel, accepted by Courier for Delivery in accordance with these Conditions of Carriage. Any goods tendered for Delivery by Customer that are deemed by Courier to be inadequately packaged or labeled and which are accepted for delivery by Courier shall be deemed to be at Customer’s full, sole and absolute risk.
12. CUSTOMER’S INDEMNITY OF COURIER
12.1 Customer shall indemnify Courier against:
(a) losses suffered by Courier arising from any negligent act, negligent omission, negligent misdirection or negligent misstatement by Customer Recipient;
(b) losses suffered by Courier arising from any inaccuracy or omission relating to the packaging or labeling of the goods within the Parcel or the Parcel itself or the accuracy of any markings or branding of the goods within the Parcel or the Parcel itself or their description, value or other particulars furnished by Customer to Courier;
(c) claims of any nature for loss or damage resulting from the Delivery, carriage or storage of Dangerous Drugs, Dangerous Goods or Illicit Goods or Substances (including indirect and consequential loss);
(d) claims and demands of any nature in respect of loss of or damage to the goods within the Parcel or the Parcel itself, made by any third party additional to or in excess of the limits of liability of Courier set out in clause 7 hereinabove;
(e) claims and demands made by a third party attributable to lack of authority on the part of Customer to enter into the Contract upon these Conditions of Carriage; or
(f) any and all liabilities of whatsoever kind or nature arising from any breach of these Conditions of Carriage by Customer.
12.2 Customer shall not indemnify Courier in respect of losses suffered by Courier that result from any failure to comply with these Conditions of Carriage that fall into the following categories:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits;
(d) loss of anticipated savings; or
(e) waste of management or office time.
All rights, powers, authorities and immunities of liability in these Conditions of Carriage shall continue to have their full force and effect for the term of the Contract between Customer and Courier, and where the context so requires or implies for any period of time after the expiration or term of the Contract, in all circumstances and notwithstanding any breach of these Conditions of Carriage or negligence by Courier or any person entitled to the benefit of these Conditions of Carriage or any of their respective agents, servants or officers.
If any of these Conditions of Carriage or any provisions of the Contract between Customer and Courier are determined by the Courts of Hong Kong to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions, which will continue to be valid to the fullest extent permitted by law.
15.1 Should Courier fail at any time during the term of the Contract, to insist upon strict performance of any of Customer’s obligations under the Contract, or should Courier fail to exercise any of the rights or remedies to which Courier is entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve Customer from compliance with such obligations.
15.2 A waiver by Courier of any default will not constitute a waiver of any subsequent default.
15.3 No waiver by Courier of any of these Condit