Terms and Conditions

These Terms and Conditions are published both in print and electronically on the website www.bexcslogistics.com . BEXCS reserves the right to refuse a delivery without need for explanation. A refusal of delivery for whatever reason shall not give rise to any claim for damages by the Sender against BEXCS. BEXCS’ liability is strictly limited to direct loss and damage to a parcel only. All other types of loss or damage are excluded (including but not limited to lost profits, income, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought as a filed complaint against BEXCS.

1. 1. The Sender is responsible for packing the parcel properly to protect the goods inside during the delivery process. Any loss or damage due to improper packaging or any loss or damage caused thereby is the sole responsibility of the Sender.
   2. BEXCS has the right to open and inspect a parcel without notice for safety, security, customs or other regulatory reasons. In the same manner, BEXCS is not obliged to check each package in ensuring the goods sent do not violate applicable laws. If without the knowledge of BEXCS, the Sender sends items that are prohibited and restricted, the sender hereby frees BEXCS from all damages, losses, or other costs and demands from any party or for violation of any laws of the country.
   3. The sender must accurately declare the contents and value of the package. Inaccurate declaration of information regarding the package is entirely the responsibility of the Sender.

1. 1. The weight that is used as reference in billing is the actual weight or dimensional weight, whichever is higher in value. If there is a weight increase cause by additional packaging processes carried out by BEXCS, such weight shall be the standard for delivery cost.
   2. BEXCS reserves the right to make pricing changes depending on cost fluctuation. BEXCS is responsible to provide announcements for any changes in pricing for the benefit of the Sender.

1. 1. BEXCS does not guarantee that the entire delivery process will take place smoothly and appropriately. Unforeseen and fortuitous events may arise beyond the control of BEXCS with respect to transportation (i.e. Natural Disasters), for which BEXCS will not be responsible for any loss and/or damage.
   2. If there is no complaint filed by the Sender or Recipient at the item is delivered, the package is deemed to have been received properly and in good condition without any problem.
   3. BEXCS prohibits the delivery of items such as corpses or its parts, living or dead animals, drugs, weapons, ammunition, flammable materials, high value non-aesthetic items, and other items prohibited and restricted by the government.
   4. When handing over goods to BEXCS, the Sender is deemed to have read, understood and agreed to all delivery terms and conditions stated in this agreement without any coercion from any party, as well as freeing BEXCS Logistic Solutions Inc. from all demands or forms of compensation.

1. 1. Any complaints/claims for loss or damage must be submitted by the Sender, and not by the Recipient.
   2. The complaint form for lost goods must be accomplished no later than 30 days from the date the Sender handed over the parcel to BEXCS for delivery; and for damaged goods, complaint must be filed within 7 days upon receipt of the parcel.
   3. BEXCS does not provide an “All Risk” coverage, hence, maximum cost for claims for document is at Php500.00 and Php30, 000.00 for non-document parcel.

1. 1. BEXCS liability for damage, loss, or delay shall be as follows:
   2. For Lost or Damaged with Declared value: Limited to Goods Value declared on the official receipt and Freight fee only.
   3. For Lost or Damaged without Declared Value: Limited only to Freight fee regardless of the value of goods.
   4. For Successful Delivery with Damaged item: Limited only to the declared value of Goods based on the official receipt.
   5. For Partial Damaged item: Limited only to the declared value of Goods divided by the total number of delivered items (i.e. per-item cost), multiplied by the number of item/s damaged.
   6. Delivery of the parcel will be made in accordance with the Sender’s instructions. However, BEXCS reserves the right to make delivery in any manner it deems appropriate as circumstances arise during the delivery process.
   7. Sender shall defend, indemnify and hold harmless BEXCS from any loss or damage sustained directly by the Sender and from and against all claims asserted against the Sender with respect to the delivery service covered hereunder arising in whole or in part out of:
   8. Failure of the Sender to follow specifications, instructions, warnings, or recommendations furnished by BEXCS
   9. Failure of the Sender to provide true and correct information, especially in the Airway bill, of the real names and accurate address of the Sender and the Recipient; as well as the factual contents and declared value of parcels delivered.
   10. In no event shall BEXCS be liable for special, incidental or consequential damages, or for damages in the nature of penalties.

1. 1. These terms and conditions of service may only be modified, altered or amended in writing signed by both BEXCS and Sender; any attempt to unilaterally modify, alter or amend the same shall be null and void.

1. 1. BEXCS Logistic Solutions Inc. shall be relieved of liability for any loss or damage to the extent that such loss or damage is caused by:

        (a)  strike, lock-out, stoppage or restraint of labour, the consequences of which BEXCS is unable to avoid by the exercise of reasonable diligence; or

        (b) any cause or event which BEXCS is unable to avoid, and the consequences of which BEXCS is unable to prevent by the exercise of reasonable diligence. Any court action arising from this contract shall be brought in the proper court of Taguig City to the exclusion of all other courts. In addition to the agreement or written terms and conditions on this receipt, BEXCS Logistic Solutions Inc. shall not be prosecuted and burdened with an agreement or other document except upon a written agreement approved and signed by an authorized representative of BEXCS.