Terms and Conditions Definitions
“We”, “us”, “our” and Sage Clinical Services means Sage Clinical Services Pte Ltd and Sage’s employees, agents and independent contractors; “you” and “your” means the sender or consignor;
1. YOUR ACCEPTANCE OF OUR TERMS AND CONDITIONS
1.1 By giving us your shipment you accept our terms and conditions for the performance of other services on behalf of yourself and/or anyone else who has an interest in the shipment or the performance of other services irrespective of whether you have signed the front of our consignment note or not. Our terms and conditions also cover and can be invoked by anyone we use or sub-contract to collect, transport, deliver your shipment or perform other services as well as our employees, directors and agents. When you give us the shipment with oral or written instructions that conflict with our terms and conditions we shall not be bound by such instructions.
1.2 You declare that you have prepared the shipment for
carriage, or for the performance by us of other services, in secure premises
using reliable staff employed by you and that the shipment has been safeguarded
against unauthorised interference during preparation, storage and
transportation immediately prior to acceptance for carriage of the shipment by
us or for the performance by us of other services.
1.3 We do not accept shipments that contain prohibited items.
2. YOUR OBLIGATIONS
You warrant, represent and guarantee to us that:
2.1 The contents of the shipment (including but not limited to weight and number of items) have been properly described on our consignment note, have been correctly labelled and the label or labels have been securely fixed by you in a prominent position on the outer surface of the shipment that can be clearly seen by us;
2.2 The consignee’s contact details have been fully, accurately and legibly entered on our consignment note and on an address label securely fixed by you to a prominent position on the outer surface of the shipment that can be clearly seen by us;
2.3 The contents of the shipment have been prepared and packed safely and carefully by you to protect against the ordinary risks of transport, or the performance by us of other services, including any associated sortation and/or handling process
3. EXTENT OF OUR LIABILITY
3.1 If we carry your shipment by road within, to
or from a country that is a party to the convention on the contract for the
international carriage of goods by road 1956 (CMR) our liability for loss or
damage to your shipment shall be governed by the CMR and thus limited to 8.33
special drawing rights per kilo. In the case of delay where you can show to us
you have suffered loss our liability is limited to refunding to you the charge
you paid us for carriage in respect of that shipment or the part which was
3.2 If we carry your shipment by road within a country that is not party to the CMR or between two countries neither of which is a party to the CMR, our liability for loss or damage to your shipment shall be deemed to be governed by the CMR and thus limited to 8.33 special drawing rights per kilo. In the case of delay where you can show to us you have suffered loss our liability is limited to refunding to you the charge you paid us for carriage in respect of that shipment or the part which was delayed.
4.EXCLUSIONS OF LIABILITY
4.1 We will not be liable for any loss of income, loss of profits, loss of markets, loss of reputation, loss of customers, loss of use, loss of an opportunity even if we had knowledge that such damages or loss might arise or for any indirect, incidental, special or consequential damages or loss howsoever arising including without limitation breach of contract, negligence, wilful act or default.
4.2 We are not liable if we do not fulfil any obligations towards you at all as a result of:
4.2.1 circumstances beyond our control such as (but not limited to):
- acts of god including earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost;
- force majeure including (but not limited to) war, accidents, acts of public enemies, strikes, embargoes, perils of the air, local disputes or civil commotions;
- national or local disruptions ground transportation networks and mechanical problems to modes of transport or machinery;
- latent defects or inherent vice in the contents of the shipment;
- criminal acts of third parties such as theft and arson.
5. CLAIMS PROCEDURE
If you wish to claim for a lost, damaged or delayed
shipment, or for any other damages, you must comply with any applicable
convention and with the following procedure otherwise we reserve the right to
reject your claim:
5.1 You must notify us in writing about the loss, damage or delay within 14 days (i) after delivery of the shipment, (ii) from the date the shipment should have been delivered or (iii) from the date you reasonably should have become aware of the loss, damage or delay in the event the claim relates to other services.
5.2 You must document your claim by sending us all relevant information about the shipment and/or the loss, damage or delay suffered within 21 days of notifying us of your claim.
5.3 We are not obliged to act on any claim until our charges have been paid nor are you entitled to deduct the amount of your claim from our charges;
5.4 We will assume the shipment was delivered in good condition unless the receiver has noted any damage on our delivery record when he or she accepted the shipment. In order for us to consider a claim for damage, the contents of your shipment and the original packaging must be made available to us for inspection;
6. RATES AND PAYMENT
6.1 You agree to pay our charges (including
applicable surcharges) for the carriage of the shipment between the locations
specified on the consignment note/contract of carriage, or for the performance
by us of other services, and any value added taxes within 30 days from the date
of our invoice without withholding, deduction, counterclaim or set off.
6.2 You waive all your rights to challenge our invoices if you do not contest our invoice in writing within 7 days from the date of the invoice.
6.3 Our charges are calculated in accordance with the rates applicable to your shipment as set out in our current rate card or in the relevant contract.