between
CITY COURIERS CO. LIMITED, incorporated in Tanzania under incorporation certificate number 52262, with registered offices situated on Skymark Mall, basement section, shop number 24B, at the corner of Libya /Morogoro Rd, P.O Box 8678, Dar es Salaam, Tanzania (herein refered to as “City Couriers”)
and |
WHEREAS:
(i) City Couriers is a company licensed to provide intra city courier services, limited to Dar es Salaam City (the “Courier Services”);
(ii) The Client is a registered business concern in Tanzania with its head office located in Dar es Salaam City;
(iii) The Client is desirous of engaging City Couriers to provide Courier Services; and
(iv) City Couriers is willing to provide Courier Services to The Client as per the terms and conditions stated hereunder.
Now it is agreed as follows:
1. That the provision of the Courier Services by City Couriers, namely the collection and delivery of parcels mails and other related materials to and from The Client will be limited to Dar es Salaam.
2. Hard cash, traveler’s cheques, bank drafts and other prohibited items such as, but not limited to, drugs, ammunition, corrosive chemicals, poison, etc. shall not be included in the materials that City Couriers will be asked to collect or deliver to any destination.
3. In the event of loss, damage or delay caused of The Clients items by City Couriers, City Couriers will only be liable and responsible for the loss, damage and delay and will pay The Client compensation not exceeding USD 43 for each document/letter and USD 58 for each parcel lost, damaged or delayed.
4. Apart from as mentioned in Clause 3 above, City Couriers will not be liable for any other damages, delays or losses whether direct, incidental or
consequential including but not limited to loss of income, market and interest or profit if the delay or failure to deliver the items, documents, letters or parcels is reported to The Client within 24 hours.
5. Delivery of items, documents or parcels will be done once the agent, addressee or client signs the way bill and City Couriers will provide proof of delivery within one day after the delivery is made. All deliveries must be made within 24 hours of collection from The Client's offices.
6. Insurance of items, documents and parcels is not covered on item number 4 above, and will remain the responsibility of the Client, its agent and/or addressee.
7. The delivery charges and rates quoted by City Couriers are NET charges exclusive of government taxes and other surcharges.
8. Under this Agreement The Client shall not recruit any employee of City Couriers during the term of the Agreement or in the event the Agreement is terminated, this condition shall remain for a period of not less than 2 years from the date of termination.
9. The service rates attached herewith will remain valid as long as a minimum of 50 items per month are delivered and collected by City Couriers otherwise standard rates will apply, subjects to negotiation. Any changes to the attached service rates will be communicated to The Client in writing at least 1 week before they become applicable.
10. Credit facilities will be extended to The Client up to a maximum of 30 days from the date of the invoice. This facility will be withdrawn if the bill is not settled within one month unless prior and special arrangements are made and confirmed in writing by City Couriers. City Couriers will be at liberty to charge interest at the standard bank lending rate on late payments.
11. Charges for large, light weight items (volumetric weight) will be calculated by multiplying the width by the length by the depth and divided by 6000 (subject to TCRA Regulations). In this Agreement, a 10% discount applies on the above calculations.
12. Any changes to this Agreement may be made by either Party by notifying the other Party in writing and must be approved by such Party in writing before the changes are to take effect.
13. Delivery and collection of items, documents and parcels will be done by City Couriers authorized personnel with full company identification. Pick up of documents/parcels will be as per agreed time schedule during working days.
14. Any notice given under this Agreement must be in writing and signed by or on behalf of the Party giving it. Any notice or document to be given or delivered under this Agreement may be given by delivering it personally or sending it by pre-paid post, or recorded delivery to the address and for the attention of the relevant Party as follows:
in regard to City Couriers:
City Couriers Co. Limited
Libya /Morogoro Rd, Skymark Mall
Basement section, Shop No.24B
P O Box 8678
Dar es Salaam
Fax: (022) 2125197
E-mail: admin@citycourierstz.com
in regard to the Client: |
15. This Agreement shall remain in force until terminated by either Party. Any Party wishing to terminate this contract should give a one month’s notice in writing to the address stated in Clause 14 above.
16. City Couriers and BancABC shall at all times during the continuance of this Agreement and after its termination use its best endeavours to keep all information that it acquired during the continuance of this Agreement as confidential and accordingly not to disclose any such information that it came to posses as a result of and during the continuance of this Agreement.
17. Any dispute arising out of or connected with this Agreement, including a dispute as to the validity or existence of this Agreement, shall be resolved by arbitration conducted in English by a single arbitrator pursuant to the Arbitration Act, Cap. 15 of the laws of Tanzania.
18. This Agreement and any disputes or claims arising out of or in connection with its subject matter shall be governed by and construed in accordance with the laws of the United Republic of Tanzania.
In Witness Whereof City Couriers and The Client have hereunto set their respective seals and hands to this Agreement on the day, month and year first above herein written. |
