Abest Contract

DEFINITIONS

On this terms and agreement, “we”, “our”, “us”, ABest refer to ABest Express Inc., its branches, and their respective employees. “He/She,” “Sender,” “You” and “your” refer to the shipper and its employees, principals, and agents. “Package” means any container or envelope that we accepted for delivery, including any such items tendered by you utilizing our pick-up receipts and/or acceptance form. “Shipment” means all packages which were tendered and accepted by us on a pick up receipt or acceptance form.

AGREEMENT TO TERMS

By giving us your package to deliver and receiving our official acceptance form and/or pick up receipt, you agree to all the terms of this pick up receipt and/or acceptance form. In the event of conflict between this pick up receipt and/or acceptance form and a relevant document, the ABest Terms and Conditions will control. This pick up receipt and/or acceptance form shall be binding on us when the shipment is accepted. No one is authorized to alter or modify the terms of agreement.

Fictitious ABest schedule a pick up online accounts shall be disabled and banned.

RESPONSIBILITY FOR PACKING

Shipper warrants the following:

  1. The shipment is properly marked and addressed.
  2. All information given is true and correct. In the event that the address provided by the shipper is defective, the corresponding re-forwarding or return charges will be charged.
  3. The shipper is responsible for adequately packaging his/her goods and properly providing all the details of the shipment.
  4. Shipper ensures that each article of his/her shipment is properly described on our acceptance form and/or pick-up receipt, acceptable for transport by us.
  5. Shipper will pay all necessary charges with regards to this shipment. Freight collect (Payment by receiver and upon delivery) is not allowed.

PROHIBITED ITEMS:

  1. The shipment contains no hazardous, prohibited items such as but not limited to drugs, pirated items, guns, air soft guns, toy guns, explosives (solid, liquid, or gas), ammunitions, flammable solids, organic peroxides, lottery tickets, wet ice (frozen water), animals, plants, cash or any equivalent (coins, currency, paper money, negotiable instruments equivalent to cash such as endorsed stocks, bonds, cash letters, checks), valuable documents such as but not limited to original copies of passport, visas and land titles, as well as valuable items such as but not limited to jewelries and the like.
  2. ABest does not accept shipments that are fragile, liquid, perishable and subject to inherent melting such as but not limited to baked goods, anything with glass, home appliances, computers, electronics, shampoo, watches, tilt meters, temperature instruments etc. If the shipper continues to send these items, the shipper will send at absolutely his/her own risk. We will not be liable for damages incurred by shipping perishable or breakable items as well as inherent damage and spoilage incurred during pick-up, transit and delivery of these items. The only time ABest will be liable with shipments that are fragile, liquid, perishable and subject to inherent melting is when the shipment is lost from our handling and the shipper has an indicated a declared value in the receipt and paid the valuation charge.
  3. ABest Express Inc. may at its option open and inspect the packages prior to acceptance from and in the presence of the shipper or his authorized representative for the purpose of inspecting and ensuring that the shipment contains no hazardous or prohibited items. At any time, the shipment may be opened by inspection with your presence or with the presence of a government official.
  4. This shipment does not contain anything that, its carriage is prohibited by Philippine law, statue, or regulations. In such case that an item prohibited carriage by Philippine Law is sent through ABest Express Inc., our company holds the right to report shipper to Police and for the item not to be returned.
  5. In any case the shipper and/or consignee sends/receives anything prohibited by Philippine law, only the shipper and/or consignee shall be liable for any legal action resulting to these.

DELIVERY OF SHIPMENTS:

The ABest courier will only have 15 minutes maximum waiting time for the Consignee or his/her authorized representative to receive the shipment. This also holds the same waiting period for pick-up of shipment at shipper’s address.

ABest reserves the right to change its delivery areas anytime without notice. In the rare moments that the shipment is sent for destinations outside of ABest’s delivery zone areas, ABest will put its best to contact the shipper and he/she has a choice to pick up at the nearest ABest branch or the shipment will be returned to the origin.

ABest Express Inc. does not limit delivery of packages to the person specified as the recipient in front of this receipt, package will tender to any person available at the time of delivery on the given address with the corresponding relationship with the consignee.

Shipments refused acceptance by the consignee will be returned to the shipper at the shipper’s expense, including but not limited to forwarding cost and return transportation. ABest will give its best effort to alert the shipper of this matter and give proper notice. In any case that the refused shipment is still unclaimed by the consignee within thirty (30) days from acceptance date, ABest is authorized to dispose of the shipment in the manner it sees fit.

In case any delivery problem shall arise caused by the shipper with reasons such as but not limited to problematic address, ABest will also give its best effort to contact the shipper. The shipper agrees that he/she is obliged to give correct delivery details and/or pay additional cost of re-delivery (if any) within thirty (30) days from date of acceptance thereof. If shipper cannot be contacted, give correct details and/or pay additional costs of re-delivery (if any), ABest holds the right to dispose of his/her shipment (30) days from the date sent to us.

LIEN ON GOODS

ABest Express Inc. shall have a lien on all goods shipped for freight charges and/or advances of other charges of any kind arising out of transportation hereunder, and may refuse to surrender possession of the goods until such charges are paid.

GENERAL LIABILITY

  1. Shipper acknowledges that he/she has been given an opportunity to make a true declaration of the value of the goods and that the sum entered at the ABest acceptance form and/or pick-up receipt or Schedule a pick up online booking - as declared value constitutes the true value of goods shipper guarantees payment of all charges and allowances.
  2. The only time ABest Express Inc. will pay for loss, damage, shortage, misdelivery and non-delivery of the shipper’s package is when the he/she has paid the valuation charge upon sending his/her package. The valuation charge is computed as 2% of the declared value added on top of the shipper’s freight charge, upon sending his/her package. This said amount must be written in shipper’s pick up receipt or acceptance form. In addition to this, the claim has to be proven valid.
  3. In case of loss, damage, shortage, misdelivery and non-delivery of a shipment with no corresponding valuation charge paid, ABest will only refund the freight charge to the shipper.
  4. We will put in our best efforts to transport and deliver your packages to their destination as quickly as possible, but under no circumstance does ABest refund any of freight charge, declared value, loss of profits and income due to delayed delivery.
  5. ABest has the option to automatically collect the minimum valuation charge of 10 Php at 500 Php declared value per shipment.
  6. In case of loss, damage, shortage, misdelivery or non-delivery of document shipments, ABest will only refund freight charge. No valuation charge and declared value will be applied to document shipments.
  7. ABest’s maximum liability is limited only to shipper’s declared value. We do not provide all-risk insurance.
  8. If not governed by governmental regulations, ABest’s maximum liability for loss, damage, shortage, misdelivery, non-delivery, of the shipper’s package is limited to your written declared value amount.
  9. ABest’s minimum declared value is 500 Php and the maximum declared value is 30,000 Php per shipment.
  10. ABest will not be liable for, nor will refund or credit of any kind be given as a result of, any loss for which we have no record of tender to ABest or any lost items not properly declared in our acceptance form and/or pick up receipt as a result of pilferage, damage or expense arising from or any way connected with marks, weight, numbers, brand, contents quality or description of any goods, delay, misdelivery, non-delivery, misinformation or failure to provide information caused by or resulting in whole or in part from inability to contact the shipper or consignee concerning incomplete or inaccurate address; incorrect, incomplete, inaccurate or missing documentation.

LIMITATIONS ON LIABILITY

  • Loss or damage due to improper or insufficient packaging, securing or addressing and received at owner’s risk. ABest shall not be liable for any other damages such as consequential, moral or exemplary damages. In the absence of the notation of any damages on the shipment upon receipt by the consignee or any person of insufficient age or discretion, the recipient conforms that the shipment was received in good order and condition.
  • Shipper’s acts of omissions, including but not limited to incorrect declaration of cargo, improper or insufficient packaging, securing, marking or addressing of the shipment; or for the acts of omissions of the recipient or anyone else with an interest in the shipment.
  • Loss, damage, delay, shortage, misdelivery, non-delivery, misinformation or failure to provide information in connection with your shipment caused by events beyond our control, including but not limited to acts of God, perils of the air, weather conditions, mechanical delays, acts of public enemies, war, strike, rebellion, acts of terrorism, calamity, civil commotions, shipper’s fault or misrepresentation, inherent defect of goods, local disruptions in air or ground transportation networks, conditions that present a danger to our personnel, disruption of failure of communication and information systems (including but not limited to our systems), government actions or acts or omissions of public authorities (including customs and health officials) with actual or apparent authority upon the acceptance of this shipment. In such circumstances, we will make reasonable efforts to transport and deliver your packages to their destination as quickly as practicable under circumstances; and we under no duty to advise you of the potential or actual existence of any one or more of these circumstances.
  • If shipper or the recipient violates any of the terms of our agreement. We will not be liable for loss, damage, delay, shortage, misdelivery, non-delivery, misinformation or failure to provide information in connection with shipments of cash, currency, and others mentioned prohibited items.
  • Subject to the service conditions contained in the terms and conditions applicable tariff, the current ABest service guide, or our standard conditions of carriage, we will not be liable for any damages, whether direct, incidental, special or consequential, in excess of the declared value for carriage, whether or not we knew or should have known that such damages might be incurred, including but not limited to loss of income or profits.

CLAIMS

No claims will be voluntary paid unless filed in writing by shipper or consignee. Claims must include copy of ABest’s Acceptance Form and/ or pick up receipt and any source of supporting documents sufficient to identify the shipment is tendered to ABest. Any claim must be filled with in 24 hours upon receipt of the merchandise. Failure to file claims with in said period shall constitute a waiver of the claims. Any court action arising from this Terms and Conditions the same shall be brought in the proper court of Pasig to the exclusion of all other courts.