TERMS & CONDITIONS
1A. These terms and conditions determine the basis by which (SPED) Special Packages Express Delivery Ltd (hereinafter referred to as SPED) will transport, store and handle packages, documents, envelopes or any shipments (“deliveries/packages/shipments”) to customers on behalf of a Sender/Shipper within The Republic of Trinidad and Tobago and as such will form the agreement by which SPED will offer its services to you. For the purposes of these terms deliveries, documents, envelopes, packages and/or shipments may be referred to as shipments, unless otherwise expressly stated and Consigner, Sender and/or Shipper shall be considered one in the same.
1A (ii). 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. SPED will adhere to the terms and conditions of this agreement with respect to receiving, handling, storage and/or delivery of any shipment. Any legitimate claim made by the Shipper against SPED with respect to its obligations in its service intended to be provided shall be made by the Shipper in writing to SPED within fourteen (14) days of the alleged breach. The provision in this agreement is made notwithstanding the Limitation of Certain Actions Act Chapter 7:09 as far as the shipper’s entitlement to bring an action against SPED.
1C. SPED will operate under the currency of Trinidad and Tobago dollars only.
1C (ii). SPED may use technology as proof of delivery.
1C (iii). SPED reserves the right in its absolute discretion to refuse carriage or storage of any shipment tendered to it.
CONDITIONS FOR CARRIAGE
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:
• Alcohol and Tobacco above specified quantities
• Bodily fluids and tissue
• Human remains
• Acids and other Corrosive Chemicals
2B (i). SPED in its effort to offer the best service possible, 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 notified at least 24 hours in advance and will be subject to solely SPED’s discretion.
2B (ii). SPED will not accept under any condition, any Shipment for carriage or storage over 50lbs, longer than 5 feet, wider than 5 feet and taller than 6 feet.
2B(iii). SPED reserves the right to delay Carriage of shipments and agrees that should this occur, both the Shipper and Consignee will be notified no later than 24 hours after the delay has occurred.
2C. The shipper shall be responsible for the accuracy and completeness of the particulars inserted in the Delivery Order and ensuring that all shipment/s set out adequate details for the Shipper and Receiver of the shipment. Delivery Lists must be emailed to email@example.com no later than 5:00 pm on the day preceding the scheduled delivery date. Shippers who utilize SPED’s order fulfilment services via online booking must submit shipment details no later than 7:00 am on the scheduled delivery 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 Lists.
2D. Courier and Storage service customers must ensure that the packages are packed, 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 the Shipper (regardless of whether the failure to comply has caused or contributed to the 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 shipper 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. For standard delivery rates to apply, collections should be confirmed with SPED no later than 4:00pm on the day prior to delivery.
3B. Collections can be scheduled or unscheduled. Scheduled collections are pre-arranged with SPED and are at no additional charge. Unscheduled collections will incur a surcharge.
3C. Once a collection notification has been received, SPED will inform a shipper 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.
CONDITIONS FOR HANDLING AND STORAGE
4A. Restrictions and conditions mentioned in the previous sections shall remain applicable in this section and neither is meant to supersede or superimpose the other.
4B. 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.
4C. Notice for any goods which a Shipper 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, type, code, value, expiration date as is applicable. Shipments without these details will incur a processing fee.
4D. 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.
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.
5B. Where SPED has determined upon inspection that a shipment does not meet one or more of the aforementioned restrictions and conditions or the COD amount stated on an Invoice or Delivery List exceeds the prescribed limit, SPED may refuse carriage of the shipment (or any relevant part thereof) of the shipper’s order.
5B (i). SPED may also Hold carriage where:
(a) the shipment details (either via BOL/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 of a shipment or any part thereof being kept On Hold, and the shipper has not responded or has been able to rectify or clarify the issue causing the shipment to be held, after a period of (2) two business days, SPED will return the shipment or the part of the shipment either to the Shipper or SPED’s storage facilities as is applicable. SPED will not be held liable under a breach of contract to perform carriage of a shipment on behalf of a shipper.
Delivery of Shipments
6A. SPED endeavours to exercise every possible effort and procedure within its power and control to deliver the shipment received from the shipper within 24hours from collection unless otherwise stated or agreed upon. However, discrepancies on delivery lists or changes to delivery addresses may cause delays.
Alteration to the contents of any shipment will incur additional charges. Requests for alteration to the contents of any shipment fulfilled by SPED may result in a delay with shipment delivery.
6B. 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 on behalf of a shipper. SPED will instead inform the shipper within a reasonable time of the predicament and with the shipper’s permission, ensure carriage takes place at the next scheduled occasion if so desired.
6C. SPED will not be held liable for any financial losses or claims made against them in cases where the receiver/ shipper fails to make payments that are due or where the receiver refuses to accept the shipment resulting in the failure of the delivery of the shipment.
6D. Fees may be applied Shipments which were not delivered and/or cancelled for reasons beyond the control of SPED, such as but not limited to:
- Wrong items sent to Recipient/Consignee which results to the Shipment being cancelled.
- Unable to contact the Recipient/Consignee which results to the Shipment being cancelled.
- Postponements by the Recipient/Consignee which results to 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.
See Section 10A for further information.
Maximum Waiting Time
7A. A maximum of (7) seven minutes will be allotted by each driver per delivery.
Should a customer desire an extended period, a waiting fee of TT $2.50 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 upon completion of the delivery, however, does not include delays caused by any of SPED’s equipment.
Postponements / On Hold
8A. Shipments 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 of TT$25.00 (See section 10A for further information).
8A ii. Shippers who utilize SPED’s order fulfilment service will not be charged additional storage fees, however, should the delivery be cancelled, Shippers will be charged a handling fee and processing fee.
8A iii. Shipments which are postponed more than once will incur a rescheduling charge per subsequent postponement.
Unable to Contact Consignee/Recipient
9A. On occasions where SPED or any of its representatives are unable to contact a Consignee/Recipient after every reasonable effort has been made on the first scheduled delivery attempt, SPED will automatically reschedule the shipment for delivery on the next scheduled delivery date for that location. If the second attempt at the delivery is unsuccessful, SPED will automatically cancel the shipment and schedule it to be returned to the Shipper unless otherwise instructed by the Shipper A return to Sender fee may be applied. (please see Section 10A).
9A ii. Storage fees will only become applicable after the second delivery attempt and will be dependent on the size of the shipment and charged at a daily rate. Shippers who utilize SPED’s order fulfilment service will not be charged additional storage fees.
9B.Should a Shipper request more than two delivery attempts be made, a rescheduling charge will be applied from the third delivery attempt and for every subsequent delivery attempt.
10A. Occasions where SPED has been asked to collect a shipment, which consists of one package and the shipment has been cancelled by either the Shipper or Consignee/Recipient after collection, the Shipper will be charged a Return to Sender Fee of TTD $25.00. If multiple shipments were collected from a Shipper and all shipments were cancelled, the Shipper will be charged a return to Sender Fee of TTD $25.00. Whereas if multiple shipments were collected and one shipment has been cancelled there will be no charge applied. Shippers who utilize SPED’s fulfilment services and any of the aforementioned conditions occurred, a handling fee will be applied.
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 enable, If a shipper so desires, 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 6B(i), SPED will be obligated to provide the shipper 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. The time of such notification will accrue from the date of such email.
COD and COD Remittance
12A. COD Remittance is scheduled once per week. Remittances can be made more frequently however will incur a charge.
12A. SPED will not be held liable for any delays in the COD remittance process due to banking processes that are beyond SPED’s control or instances where SPED holds COD as security for any outstanding debts that may be owed by the applicable Shipper.
12B. All COD remittance will be done electronically via bank transfers excluding cheques, which will incur a Return Fee. SPED offers its COD service on the premise that you agree with SPED’s method of COD remittance and as such will not hold SPED liable for utilizing methods and channels SPED employs to complete such.
12C. SPED will receive cash transactions up to a maximum of $1000.00TT per delivery on behalf of a shipper. Any delivery which the COD amount surpasses this maximum, SPED will only accept COD in the form of Debit Card (Linx), Credit Card or Cheque.
12D. In the event of a query, in which a Consignee is reimbursed by SPED’s bankers for any transaction SPED completed on a Sender’s/Shipper’s behalf via Debit Card or Credit Card, SPED will notify the Sender/Shipper as soon as is practicable of the ongoing query and will provide Sender/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, monies arising from claims or queries made by a Consignee where reimbursement to SPED becomes necessary.
12E. SPED will not be held liable for any dishonest/ fraudulent acts committed by the Receiver, Consignee or Shipper.
12F. The Shipper agrees to notify SPED in writing, of any shortage with COD amounts returned within (14) fourteen days of the Cash Remittance Processing notification sent by SPED or any credit memo or any notification which informs the Shipper of the amount collected and being processed for remittance or has been processed for Remittance. After that period, the Shipper will not hold SPED liable for any shortage. Should there be any shortage in COD Remittance brought to SPED’s attention within (14) fourteen 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, a Shipper will be required to reimburse SPED within (3) three business days.
12F (ii). Should a Shipper 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.
12G. SPED will not be held liable for any bank charges that a Shipper’s bank may charge the Shipper for deposits made on their behalf and as such will not compensate for charges incurred due to COD Remittance.
12H. Should any of SPED’s employees, or any contracted party representing SPED’s interests, after auditing COD remittance discover any discrepancy within 90 days of the remittance, SPED will inform the Shipper in writing of the discrepancy and attach or identify all supporting documents which will include, Shipping Lists (in the case of Shippers who use our Online Order Entry, this will not be applicable), 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, the Shipper 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.
Invoicing and Payment to SPED
13A. SPED will email invoices to the billing party (shipper/consignee) no later than (1) one business day after the billing cycle has ended.
13A ii. All invoices are readily accessible at the beginning of each billing cycle for each billing party (shipper/consignee) via SPED’s customer portal and can be emailed or printed directly from the portal or can be emailed or printed by SPED upon request.
13A iii. Payments made after the due date will incur a late payment fee of (20%) twenty percent of the outstanding balance.
13B. Payments may be made electronically via bank transfers, debit/credit card. Cash or cheques will be accepted on a case by case basis only and will be at the sole discretion of SPED.
13C. Where the billed party fails to settle any outstanding debt, SPED may hold any cash or credit collected on behalf of that party, if so applicable, as Security or Settlement and if this amount is insufficient or in cases where no cash or credit was collected on behalf of the billed party and delinquency continues after a period of (14) fourteen days, SPED will transfer the case to a Debt Collection agency. In such cases, the delinquent party’s personal 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 the delinquent party and will be due to the Agency.
13D. SPED reserves the right to refuse any credit to any shipper/consignee and may rescind at any time, any credit given to any Shipper or Consignee who becomes delinquent with Payments to SPED.
Privacy and Protection of Data
14. SPED does not and will not store customers’ data on a local database. All of our customers’ data are managed by third parties who utilize multiple levels of encryption to ensure data is continuously protected.
Update to Agreement and Policies
15. SPED reserves the right to update, change or modify the terms and conditions contained in this agreement 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 this website (www.spedtt.com) or via the Customers registered email address, within a reasonable time and as such will allow time, not greater than one month, for every customer to adjust should any change become an immediate disadvantage to that customer, so as to cause any direct loss of business.