Terms & Conditions

The Shipper/ Client acknowledges and accept terms and Conditions and relieves & indemnify FMX Express herein & after referred as FMX Express from all types of liabilities, suits, responsibilities, proceedings, claims, etc. against any damage, loss or expenses suffered in connection with the services rendered hereunder and also agreeing that FMX Express will only be responsible for the carriage of documents/parcel which is the only function and responsibility of FMX Express.

By signing this form, the client confirms that he has understood and agrees on all rates, notes and terms and conditions stated on this and attached pages of this agreement and any other annexure (s) attached with the application form.

1. FMX Express Consignment Note:

The consignment Note or Folio Number is non-negotiable and the shipper/ sender acknowledges that it has been prepared by the Shipper/ Sender or by FMX Express center staff on behalf of shipper. The shipper/ Client confirms that all the information provided to FMX Express while booking of shipment are complete and correct including Shipper and Consignee Details, goods value declaration etc. In case of incorrect information or declaration in the CN, Cargo may pertaining to loss, damage or expense suffered by the

Shipper/ Client.

2. Rights of inspection of shipments:

FMX Express has the right, but not the obligation, to inspect any shipment including without limitations of opening the shipments if required by the law and /or regulations, in this regard, the shipper/ Client agrees that FMX Express may open and inspect a shipment for any reason at any time. From booking to delivery.

3. Lien of Goods Shipped:

FMX Express shall have a lien on any goods shipped for all freight charges, Duties advances or any other charges of any kind payable by the Shipper/ Client hereunder and may refuse to surrender possession of the goods until such charges paid by the Shipper/ Client.

4. Consequential Damages Exclude:

FMX Express shall not be liable in any consequential or special damages or other indirect loss, However arising, whether or not FMX Express has acknowledged that such damages might be incurred, inducting but limited to loss of income, profit, interest, use of contents or loss of market.

5. Limitation of Liability:

The liability of FMX Express for any loss or damage to the shipment (Which include all document or parcel under FMX Express Consignment) is limited to the lessor of;

Ten times of booking charges in case of all shipments (whatever would be the weight or declared value of shipment) with origin to destination within Pakistan. In case of int’l shipment service provider’s term will apply.

6. No Variation:

These terms and conditions are applicable on all courier and logistics services provided by FMX to the Shipper/ Client hereunder. No employees, franchise, agent of FMX Express or anyone else has any authority to change any of these terms and conditions, or make any promise on behalf of FMX Express which is in addition to or conflict with these Terms and Conditions.

7. Claims:

Any claim must be brought by the shipper/ Client and delivered in writing to the oﬃce of FMX Express nearest the location at which the shipment was accepted within 24Hrs of the date of such acceptance, no claim may be made against FMX Express outside of this limit.

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

FMX express does not maintain records relevant to a shipment more than 45 days. It will

Thereof be unable to refer to or produce any such record where it is notified for the same after expiry of the said period of 45 days from the date of shipment.

8. Insurance:

It is mandatory upon shipper to arrange for insurance of all shipment through FMX Express or any insurance company. FMX Express liability for loss, pilferage, damage or delay of shipment is limited to 10 times of the booking charges per confinement. No claim will be entertained by FMX Express Exceeding these amount. Shipment of undeclared value shall be accepted for carriage and delivery “On Shipper Risk” Alone. In case of International shipment , Service providers terms will apply.(See FMX Insurance policy)

9. Liabilities Not Assumed:

The Shipper/ Sender acknowledges that the consignment/ Shipment shall be transported by road and shall therefore be exposed to all risks association with such mode of transportation. Subject to the aforesaid, FMX Express will endeavor to exercise its best efforts to provide expeditious delivery in accordance with regular delivery schedule. FMX Express endeavor to exercise its best efforts to provide expeditious delivery in accordance with regular delivery schedule; however, FMX Express will not, under any circumstances be liable for delay in pick up, transport or delivery of any shipment regardless of the cause such delay. Further FMX Express shall not be liable if a shipment is lost, damaged, mis-delivered or not delivered because of circumstances beyond its control. These include

Act of God” for example earthquake, cyclone, storm, and flood or “force majeure” for example war, plane crash or embargo or caused by mishap with FMX Express.

The nature of the shipment for any defect, characteristic, inherent vice thereof, even if know to FMX Express cargo when the shipper/ Client accepted it.

Electrical or magnetic energy erasure or other such damage to electronic or photographic images or recording in any form.

The Act, default or omission of the shipper/ Client, or any other party who claims an interest in the shipment (include violation of any terms and conditions hereof) or any person other than FMX express or of any Government oﬃcials or of the Postal services forwarded or other entity or person to whom a shipment is tendered FMX Express or transportation to any location not regularly served by FMX Express regardless of whether the Shipper/ Client reported or had knowledge of such third party Delivery arrangements.

10. International:

FMX Express limits the liability for any loss, damage, or delay of your shipment or any part of it as follows;

FMX Express shall act as agent for its customers and not as transport undertaking according to the Warsaw convention (1929) or the Warsaw convention as amended by the Hague Protocol (1995). Or the Montreal protocol # 4 (1975) or Montreal Convention (1999) and subsequent legislation when consignee documents or goods with a particular carrier whether it be by air, road and rail or sea for onward carriage and without prejudice to its general rights for sea.

FMX Express shall act as an agent when consigning documents or goods with the particular carrier whether it is by air & road for carriage and without prejudice to its general rights or subrogation hereunder. FMX Express may take suitable action for the recovery of compensation for any loss or damage to Goods/ Documents if authorize in writing by the customer subject to the condition that all costs, charges and expenses will be paid by the customers.

If FMX Express has a liability to shipper for whatever reason including but not limited to breach of contract, negligence, willful act or default and none of the above conventions to in 10.a. apply compulsory or such liability is not governed by any of the above mentioned convention which applies compulsory, or it relates to any services not being carried by road or air the shipper agreed that the liability of FMX Express.

11. Flash messages:

Shipper/Customer has no objection if FMX Express cargo sends its promotional and operational messages on his/her given contact numbers/address.

12. Payment Mode:

Settlement of invoice will only through crossed Cheque in favor of FMX Express in accordance with the invoice raised from services. FMX Express will not be liable for any losses resulting if cash or any other mode of payment is used by client.

13. Material Not Acceptance For Transportation:

FMX Express will not accept Cash, Prize Bonds, Defense Saving Certificates, Negotiable bonds, Antiques, Open/Bearer Cheque, Works of arts, Bullions, Jewelry, Negotiable Instruments, Govt, Oﬃcial Stamps,

Precious Metals, Precious Stones, Liquor, Drug Lose Powder, Narcotics, Heroin, Dyes, Liquid Battery Cells, Firearms, & Explosives, Pornographic material, Smuggled Goods, and and imported medicines from India, IATA restricted articles shipments/envelopes congaing hate or threatening material against President, Prime Minister, Governor, Ministers, MNAs, MPA,s and high Oﬃcials of govt, Judiciary, Armed Forces, any Religion or sect against any individual any group, organization, and item the carriage of which is prohibited by any law, regulation or statue of any provincial or federal Government of Pakistan & Mail/ Parcels on PO Box Address, In Compliance with Pakistan Post Oﬃce Act-1898,

FMX Express would not accept letters or postcards as their carriage is the exclusive privilege of the federal government.(See prohibited item list)

14. Lawfulness of Shipments/ Goods:

It is hereby undertaken and confirmed by shipper/ Client that the shipment /goods being stored/transported hereunder through FMX have been acquired by the

Shipper/client lawfully and no law whatsoever has been breached in acquisition thereof. It is further undertaken and confirmed that all the relevant and necessary documents pertaining to the shipments/goods are in possession of Shipper/Client who will be liable and responsible to provide all and any document as and when required by FMX Express for their onward submission to any Government Agency/ Department/Authority etc.

14.1: It is further undertaken and confirmed that the Shipper/Client shall make himself and/or any documents whatsoever available at all material time and in the event that FMX express and/or any Government Agency/Department/Authority etc. has any shipments/goods.
14.2: It is further undertaken and declared that FMX Express being only responsible for warehousing/transportation of shipments/goods of Shipper, any liability, loss, claim, demand, action, proceeding etc. as may occasion to FMX Express Cargo Shall be made good and be fully indemnified by the shipper/Client in relation thereto.
14.3: All shipments/items are legal commodity and is allowed by Pakistan and International Law and does not contain any banned/dangerous items.

15. Rate Revision:

The rates will be revised on yearly basis with mutual understanding between the Customer and FMX Express.

16. Charging Weight:

FMX reserves the right to re-weigh (dense and/or volumetric) the shipment at the time of its arrival in the operation facility and will charge weight on whichever is higher basis.

17. TAT:

All Products will be delivered as per the committed TAT, while the booking day will be considered as Day Zero.

18. Taxes:

GST and any other taxes imposed by local, provincial and federal Govt, of Pakistan will be applicable.

19. Disposal of Dead Shipments.

FMX Express keep unclaimed shipments only for 30 days, and after 30 days, these shipments will be disposed of. FMX shall not be liable for any claim what so ever for these shipments.

For perishables shipments will be disposed off after 3 days at destination in case of non-collection.

20. Storage Charges.

Storage charge will apply for all those shipments which collected after 3 days from collection centers as per volume of the shipment.