TERMS & CONDITIONS
1A. These terms and conditions determine the basis by which (SPED) Special Packages Express Delivery Ltd (hereinafter may be referred to as “SPED”, “Us”, “We”) will transport or caused to be transported, store and handle any shipment or part thereof and as such will form the agreement by which SPED will offer its services to you.
1A(ii). SPED may employ third party services to provide logistics services for you and by use of our service you acknowledge and agree that additional terms and conditions not listed in this document may be applicable.
1B. These terms shall be governed by the laws of Trinidad and Tobago. Liability of SPED is governed by the laws of Trinidad and Tobago.
1B (ii). Any legitimate claim made by any party against SPED with respect to its obligations in its service intended to be provided shall be made in writing to SPED within fourteen (14) days of the alleged breach.
1C. SPED may use technology as proof of delivery.
1C (ii) SPED reserves the right in its absolute discretion to refuse carriage or storage of any shipment tendered to it.
Conditions for Carriage
Prohibited Goods
2A. Shipments must not contain goods which are prohibited by the laws of Trinidad and Tobago for carriage coast-wise, or any item which may endanger human or animal life or which might otherwise spoil or damage other goods being transported by SPED, such as, but not limited to:
• Ammunition
• Alcohol and Tobacco above specified quantities
• Bodily fluids and tissue
• Corpses
• Human remains
• Acids and other Corrosive Chemicals
• Narcotics
• Firearms
2B (i). SPED will only accept shipments over 30lbs and longer than 4 feet, wider than 3 feet and taller than 4 feet for carriage or storage, once it meets all requirements and SPED is notified at least 24 hours in advance.
2B(ii). SPED reserves the right to delay Carriage of shipments and agrees that should this occur, both the Shipper and Consignee will be notified.
Shipper’s Responsibility
2C. The shipper shall be responsible for the accuracy and completeness of the particulars inserted for orders submitted for processing and ensuring that all shipment/s include details for the Shipper, Consignee and notify party for the shipment. All orders that are to be processed for should either be emailed to [email protected] or submitted via the Customer portal or via SPED’s checkout page, no later than 5:00 pm on the day preceding the scheduled collection date. SPED will not be held liable for any losses incurred or delays in processing and/or delivery of shipment/s due to late receipt of delivery information.
2D. Shippers must ensure packages tendered for delivery are marked and labelled and their contents are so described, classified and accompanied by such documentation as may (in each case) be necessary to make them suitable for transportation and in compliance with the requirements of these Terms and Conditions and applicable law.
2E. Where the shipper submits a shipment which fails to comply with one or more of the restrictions or conditions listed, SPED reserves the right to Hold or Cancel carriage of the shipment and will not be held liable for any losses sustained by any party (regardless of whether the failure has caused or contributed to loss and notwithstanding any negligence on the part of SPED or its employees, contractors or representatives).
2F. Where SPED does Hold or Cancel carriage, the paying party shall not be entitled to any refund on the carriage charges paid.
2G. Shippers who do not utilize SPED’s packaging and handling services shall be responsible for the adequate packaging of their shipment to ensure its safe carriage. SPED will not be held liable for damage sustained to shipments which were caused due to improper or inadequate packaging by Shipper.
Collection of Shipments
3A. Pick-up requests should be confirmed with SPED no later than 9:30am on the day of collection.
3B. Once a pick-up notification has been received, SPED will inform the relevant party of the Estimated time of collection. Shippers must inform SPED if there are any changes or expected delays once an estimated time of collection has been given.
3C. Collection times may vary depending on seasons and availability. SPED does not guarantee a collection time.
CONDITIONS FOR HANDLING AND STORAGE
4A. Prohibited Goods as prescribed in the Customs Act Chapter 78:01 and as mentioned in section 2A, will not be stored, handled or kept at any of SPED’s facilities.
4B. Notice for any goods which a customer desires to be kept or stored at SPED’s facilities must be given at least 24 hours in advance and must include either a Bill of Lading, Shipping List or Packing list with details inclusive of but not limited to, item name, packaging type, sku code, value, dimensions and expiration date as is applicable.
4C. SPED reserves the right to refuse Storage of any goods or shipment and will not be held liable for any losses incurred due to failure to adhere to these conditions.
4D. Storage at the Miami facility is subject to standard warehouse charges and is subject to laws and regulations of the state of Florida and Federal Laws of the United States of America.
Inspection and Holding of Shipments
5A. SPED reserves the right, to open and inspect, any shipment tendered for carriage and/or storage at any time.
5A (ii).Where SPED has determined upon inspection that a shipment does not meet one or more of the aforementioned restrictions or conditions or the COD amount exceeds limitations, SPED may refuse carriage of the shipment (or any relevant part thereof) or hold the shipment until the fault can be rectified.
5B. SPED may also Hold carriage when:
(a) the shipment details (either via AWB/BL/Shipping/Packing list) does not match the physical shipment;
(b) a discrepancy in COD details;
(c) the address on the shipment is incorrectly stated and SPED has taken all reasonable steps to locate the intended address;
(d) the collection or delivery address is out of SPED’s service area
(e) any reason which may prohibit SPED from effectively collecting or delivering the shipment, which is beyond SPED’s control. Eg Force Majeure
5C. Instances where SPED has notified a Shipper or Notify Party of a shipment or any part thereof being kept On Hold at a warehouse facility, and they have not responded or have not been able to rectify or clarify the issue causing the shipment to be held, after a period of (2) two business days, SPED will cancel the shipment, which will incur a charge. SPED will not be held liable under a breach of contract to perform carriage of a shipment on behalf of a shipper.
5D. Domestic shipments within Trinidad and Tobago, that are postponed or put on hold by either (i) Shipper or (ii) Consignee/Recipient will be given (3) three business days free storage, after which storage fees will become applicable. Storage fees will be dependent on the size of the shipment and charged at a daily rate. SPED will allow (1) one free postponement, however, should that postponement be longer than (5) Five Calendar days, SPED will return the shipment and may apply a “Return to Sender” fee. (See section 10A for further information).
Delivery of Shipments
6A. SPED will not offer any of its delivery services to be fulfilled by a timeline set by a Shipper, Consignee or Third Party, beyond any service level agreement set by SPED. Shipments which are tendered for delivery by a specific time or date set by a Shipper, Consignee or Third Party which does not conform with any service level agreement set by SPED are done so at the tendering parties own discretion and risk. SPED will not be held liable for any loss incurred due to Shipments not being completed at the time set by a Shipper, Consignee or Third Party.
6B. Discrepancies with deliveries tendered for processing or changes to delivery addresses or requests for alterations to the contents of any shipment may result in a delay with delivery times.
6C. Where SPED is unable to begin or complete a shipment due to unforeseen circumstances to which SPED bears no control over, SPED will not be held liable under a breach of contract to perform carriage of a shipment. SPED will inform the required party within 24 hours of the predicament and once agreed, will ensure carriage takes place at the next scheduled occasion.
6D. SPED will not be held liable for any financial losses or claims in cases where the receiver/ shipper fails to make payments that are due to SPED or where the receiver refuses to accept the shipment resulting in the failure of the delivery of the shipment.
6E. Charges may be applicable for Shipments which were not delivered and/or cancelled for reasons beyond the control of SPED, such as but not limited to:
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- Wrong items sent to Recipient/Consignee which results in the Shipment being cancelled.
- Unable to contact the Recipient/Consignee which results in the Shipment being cancelled.
- Postponements by the Recipient/Consignee which results in the Shipment being cancelled.
- Cancellation of Shipment by Either Party after collection.
- Consignee/Recipient not pleased or satisfied with the contents of the shipment and wishes to return the Shipment.
- Discrepancy with COD amount.
- False Customs Declaration by Shipper, resulting in the seizure of goods
- Inaccurate and/or Incomplete documentation for shipments which require collection from ports of entry.
See Section 10A for further information.
Maximum Waiting Time
7A. A maximum of (7) seven minutes free waiting time will be allotted by each driver per collection and delivery within Trinidad and Tobago.
Should a customer desire an extended period, a waiting fee of TT $1.50 per minute will be charged for the first (30) thirty minutes and TT $10.00 per minute from the (31st) thirty-first minute onward. Waiting times start from the arrival of a driver at a collection or delivery location and ends at the beginning of the collection or delivery transaction and does not include delays caused by any of SPED’s Team members or equipment. Waiting fees are also applicable for shipments outside of Trinidad and Tobago and will be quoted should the need arise.
Postponements
8A. Shipments which are postponed more than twice by any party will incur a rescheduling charge per subsequent postponement.
8B. Shipments which are tendered for Air/Ocean carriage can be subjected to postponements by the carrier. Such postponements are beyond SPED’s control. SPED will not be held liable for such postponements and any loss incurred due to such postponement.
8C. Shipments which are tendered for Import/Export are subject to external party timelines for Carriage and clearance. Such postponement are beyond SPED’s control. SPED will not be held liable for such postponements and any loss incurred due to such postponement.
Unable to Contact a Party
9A. On occasions where SPED or any of its representatives are unable to contact a Shipper or Consignee after every reasonable effort has been made on the first scheduled collection or delivery attempt as the case may be, SPED will automatically reschedule the shipment for collection or delivery on the next scheduled collection or delivery date for that location. If on the third attempt of collection or delivery is unsuccessful, SPED will automatically cancel the shipment. In the case of a delivery, SPED will schedule it to be returned to the owner unless otherwise instructed by the Shipper. A return to Sender fee may be applied. (please see Section 10A).
9B. Should any party request more than three delivery attempts be made, a rescheduling charge will be applied from the fourth delivery attempt and for every subsequent delivery attempt. SPED will only offer this service should the owner of the shipment agree to pay the additional charges.
Cancelled Shipments
10A. Occasions where SPED has been asked to collect a shipment and the shipment has been cancelled by either the Shipper or Consignee after collection, the Shipper may be charged a Return to Sender Fee.
10B. Shipments that are cancelled at the delivery location by the Shipper or Consignee/Recipient for reasons beyond SPED’s control, the full delivery fee will be charged.
Notifications and Updates
11A. SPED will provide, features such as Online access, email notifications for updates on shipment statuses and other general email notifications, however, SPED in no form or manner assumes or accepts liability for any undelivered email or delays in updates due to Software or technical issues beyond SPED’s control.
11B. Where the shipment remains undelivered due to circumstances mentioned in section 6E, SPED will provide the required notify party with a written notification (via e-mail) within two (2) business days commencing from the date SPED determines that the shipment is undeliverable or remains undelivered.
COD and COD Remittance
12A. SPED’s COD service is only offered upon submission of National Identification, business registration documentation or in the case of unregistered businesses proof of address, no older than 3 months old, bank account details that correspond with the registered business name or in the name of the account holder with SPED.
12B. COD Remittance is scheduled once per week. Remittances can be made more frequently however will incur a charge.
12C. SPED will not be held liable for any delays in the COD remittance process due to banking processes that are beyond SPED’s control.
12D. All COD remittance will be done electronically via bank transfers excluding cheques, which will incur a Return Fee.
12E. SPED reserves the right to limit the amount of cash transactions performed by any team member or representatives. Any delivery which the cash amount surpasses this limit, SPED will only accept COD in the form of Debit Card (Linx), Credit Card or Cheque.
12F. In the event of a query, in which a paying party is reimbursed by SPED’s bankers for any transaction SPED completed on a Shipper’s behalf via Debit Card or Credit Card, SPED will notify the Shipper as soon as is practicable of the ongoing query and will provide Shipper with what SPED’s bankers deem as the relevant details of the query and the supporting bank documentation only, for reimbursement to SPED within (3) three working days. SPED will not be held liable for loss of goods and/or monies arising from claims or queries made by a Consignee where reimbursement to SPED becomes necessary.
12G. SPED will not be held liable for any dishonest/ fraudulent acts committed by any Consignee, Shipper or third Party.
12H. You agree to notify SPED in writing, of any shortage with COD amounts returned within (7) seven days of the Cash Remittance Processing notification sent by SPED or any credit memo or any notification which informs you of the amount collected and being processed for remittance or has been processed for Remittance. After that period, you will not hold SPED liable for any discrepancy. Should there be any shortage in COD Remittance brought to SPED’s attention within (7) Seven days of the notification sent by SPED, SPED will investigate the query and if the result does prove an error on SPED’s part, SPED will reimburse the outstanding amount within (3) three business days. In the case of an overage, you will be required to reimburse SPED within (3) three business days.
12H (ii). Should you have a shortage with the amount remitted and SPED’s inquiry reveals that the difference is due to a discrepancy with the COD amounts stated on the Shipping List or Invoice/s included in the shipment/s, SPED will only reimburse the amount on the shipping list or invoice. SPED will not be held liable in any form or manner for shortages resulting from such discrepancies.
12H (iii). Should any of SPED’s employees, or any contracted party representing SPED’s interests, after auditing COD remittance discover any discrepancy within 30 days of the remittance, SPED will inform you in writing of the discrepancy and attach or identify all supporting documents which will include, a list of all deliveries completed for the relevant day and their respective amounts, a copy of deposit information as applicable. In the case of an overage, you will be required to reimburse SPED the overage within (3) three business days from notification. In the case of a shortage, SPED will reimburse the Shipper within (3) three business days from notification.
12I. SPED will not be held liable for any bank charges that your bank may charge you for deposits made on your behalf and as such will not compensate for charges incurred due to COD Remittance.
Invoicing and Payment to SPED
13A. SPED will provide invoices via emails.
13B. Payments made after the due date will incur a late payment fee of (10%) ten percent of the outstanding balance.
13C. Payments may be made electronically via bank transfers or via an online payment gateway provided by us, debit/credit card. Cash or cheques will be accepted at the sole discretion of SPED.
13D. If you fail to settle any outstanding debt, SPED may hold any cash or credit collected on your behalf, if so applicable, as Security or Settlement and if this amount is insufficient or in cases where no cash or credit was collected on your behalf and delinquency continues after a period of (14) fourteen days, SPED will transfer the case to a Debt Collection agency. In such cases, your information will be disclosed to the agency, as necessary to recover amounts due. All applicable fees accrued during the recovery of any outstanding payment will be billed to you and will be due to the Agency.
13E. SPED reserves the right to refuse any credit and may rescind at any time, any credit given to any Shipper or Consignee who becomes delinquent with Payments to SPED.
Update to Agreement and Policies
14. SPED reserves the right to update, change or modify these terms and conditions and any of the policies that SPED has enforced without prior notice. However SPED will inform customers of updates, changes or modifications to the terms and conditions contained in this agreement and any of the policies that SPED has enforced via posts made public via SPED’s customer web portal or via the Customers registered email address, within a reasonable time.
