DOT EXPRESS SERVICES AGREEMENT
(Hereinafter referred to as the “CLIENT”) of the second party.
IT IS AGREED BETWEEN THE PARTIES AS FOLLOWS:
A. DEX-I is in the business of effecting courier service from countries around the world and within certain countries and provides expedited door to door
pickup and delivery services of time sensitive packages and documents from sender to addressee.
B. The Client desires to appoint and retain DEX-I for purposes of effecting of its shipments.
C. DEX-I accepts this appointment subject to the terms and conditions of this agreement.
Article 1- DEFINATION
Courier Shipments mean shipments of time sensitive small packages and documents requiring expedited door to door pickup and delivery.
Documents (DDX, GDX,EDX, PDX OR PLX) mean packaging containing time sensitive document items.
Non-Documents (DPX, GPX, EPX and PPX) mean packaging containing Non-Document items.
Article 2- DELIVERY SERVICES TO BE PROVIDED BY DEX-I
Throughout the term of this agreement and any extension thereof, DEX-I hereby agrees to provide the CLIENT with expedited delivery service of CLIENT‟s
shipments. DEX-I agrees to transport and shipment(s) on an expedited basis and to deliver the shipment(s) to consignees in accordance with its highest level of
schedules and time parameters.
Article 3 – PROHIBITED ITEMS
CLIENT shall not attempt to send any restricted/ prohibited items as per article 7 of „Conditions of Carriage‟ printed on the airway bill through DEX-I network. If such
items sent by the CLIENT and any compensation/penalty imposed by concerned authority, CLIENT shall solely be responsible for legal and financial obligations.
Article 4- FEES AND CHARGES
Through the terms of this agreement and any extension or renewal thereof DEX-I hereby agrees to charge the CLIENTand the CLIENT hereby agrees to remunerate
DEX-I, for the delivery services to be provided herein in according to Annexure A (Outbound) and Annexure B (Inbound).
Every 500 grams or fraction thereof will be charges on accordance with the price list attached. DEX-I has the rights from time to time again to amend, vary or
increase any one or more of the above mentioned rates.
Article 5- CREDIT MATRIX
CLIENT shall be allowed credit/cash terms as follows:
Credit Term 15 days and Credit Limit BDT 30,000/-
In case of revenue is less than BDT 10,000.00 per month in last consecutive one months, in that case further shipment shall be made on cash basis.
Article 6- INVOICING
Necessary invoice(s) shall be issued to the CLIENT immediately after rendering the services or any adjustment needed or weekly/fortnightly/ monthly basis on the
discretion of DEX-I.
Queries on invoice(s) should be advised by fax or Email to the nominated contact of DEX-I within 5 (five) days after receipt of the invoices. Non-notification is prima
facie evidence that all items have been accepted. Such queries shall not justify the withholding of other payments agreed as valid and these items must be settled in
full without any delay, deduction, and counterclaim or set off. If non-payment is due to a dispute of an operational nature resolution of this dispute must be reached
by appropriate management within a maximum period of 7 (seven) days.
Article 7 – PAYMENT
Payment by the CLIENT shall preferably be made by Demand Draft/ Pay Order/ Account Payee Cheque as the case may be in favor of DOT EXPRESS
INTERNAL (DEX-I) .
In case of payment made by Account Payee Cheque, if the cheque is bounced for once, no Account Payee Cheque shall be accepted further from that
CLIENT. In that case, CLIENT shall make the payments by Cash/Demand Draft/Pay Order in favor of DOT EXPRESS INTERNAL (DEX-I).
Rendering of services shall immediately be stopped if any outstanding amount exceeds 30 days or exceeds the approved credit limit (as prescribed in
Article-5) which ever happen earlier. But this rule may be relaxed for the good institutional customers.
If the outstanding amount is not paid as per terms of payment, simple interest @ 1.5% per month or any fraction days thereof may be imposed on the overdue
Article 8 –COLLECT CHARGES
Express Outbound – CLIENT shall be allowed to send courier shipments on Charges Collect (CC) basis to DEX-I approved countries, under the terms of ASCC
(Approved Shipper Charges Collect), but incase if consignee refused to make payment, DEX-I shall be invoice charges as per agreed rates and CLIENT shall be
made the payments as per terms of Article 5 above.Express Inbound – CLIENT hereby undertakes to pay DEX-I the agreed Charges Collect (CC) for shipments
imported into Bangladesh and shall make the payment accordingly. However, if the account is on Cash Basis, DEX-I will collect the full payment in advance.
Article 9 – EXCHANGE RATE
The rate quoted to CLIENT BY DEX-I (AS PER Article 4) in US Dollar, will be converted to BDT at time of invoicing based on the exchange rate as provided by “Air
Express Association of Bangladesh” and the CLIENT shall make the payment accordingly.
Article 10 – VALUE ADDED TAX (VAT)
The VALUE Added Tax will be charged as per the given procedure of National Board of Revenue (if required) and CLIENT shall make the payment accordingly.
Article 11 – WEIGHT MEASUREMENT
All charges are based on volumetric weight, when the volumetric weight is higher than the actual weight (IATA standard). Volumetric conversion is calculated at
Length X Width X Height (CM)/ 5000.
(Continued over leaf)
Article 12 – PACKAGING AND ADDRESSING
The packaging of the customer‟s documents or goods for transportation is the customer‟s sole responsibility, including the placing of the goods or documents in any
container which may be supplied by the customer to DEX-I. DEX-I accepts no responsibility for loss or damage to documents or goods caused by inadequate or
inappropriate packaging. It is the sole responsibility of the customer to address adequately each consignment of documents or goods to enable effective delivery to
be made. DEX-I shall not be liable for delay in forwarding or delivery resulting from the customer‟s failure to comply with its obligations in this respect.
Article 13 – NON-DELIVERY OF SHIPMENT
Notwithstanding the shipper‟s instruction to the contrary, the shipper shall be liable for all costs and expenses related to the shipment of the package, and for costs
incurred in either returning the shipment or warehousing the shipment pending disposition.
Article 14 – CLAIMS AND COMPANSATION
Any claims against DEX-I must be submitted in writing to the office where the shipment was accepted, within thirty (30) days of the date of acceptance by DEX-I. For
more details please refer to Article. 4, 5 and 6 of the „Condition of Carriage‟ printed on airway bill.
Article 15 – INSURANCE OF GOODS
The Customer shall be responsible for maintaining in full force and effect for the Term of the Agreement a policy or policies of insurance covering all the risks which
may be incurred by DEX-I arising out of , or in connection with, the acts or omissions of both the Customer and DEX-I in connection with this Agreement. The
Customer hereby waives any and all rights of recovery against DEX-I, its officers, members, agents and employees, and irrevocably release DEX-I of any obligation
or liability whatsoever occurring on or arising out of this Agreement, The Customer shall indemnify DEX-I against any loss or expense, including reasonable
attorney‟s fees, resulting from the failure to abide by this waiver and release of obligation.
Article 16 –ASSIGNMENT
The CLIENT shall not assign or otherwise transfer its interest in this agreement and or/its obligations herein or any part thereof without obtaining the prior written
consent of DEX-I.
Article 17 – AMENDMENTS
Any amendments to this agreement which the parties may agree upon shall be made in the form of an annex in writing attached to and made a part of this
agreement, which shall contain the date from which such modification or addition is effective and shall be signed by both parties.
Article 18- TERMS OF AGREEMENT AND TERMINATION
This agreement shall be valid for a term of (1) one year as of the date hereof and thereafter, shall be valid automatically for further term (s) of one year of each
unless earlier terminated by either party by giving (30)Thirty days written notice before expiry of any one term. In the event of termination, CLIENT shall settle / pay
off all the outstanding receivable with DEX-I within 15 days from the date of termination notice.
DEX-I may terminate this agreement at any time if the CLIENT commits a breach of any of its obligations under this agreement and (if the breach is capable of
remedy) has not remedied it within (5) five days of written notice being given required this to be done.
Article 19 – MISCELLANEOUS
It being further understood and irrevocably and unconditionally agreed by the CLIENT all the courier shipments made herein shall each be the subject to the terms
and conditions appearing on the face and the reverse side of the standard house airway bill titled DEX-I pertaining hereto. Without prejudice to any and all of the said
terms and conditions, the CLIENT‟s attention is specifically drawn to DEX-I‟s liability of USD 100 (one hundred United States Dollars Only) per each courier shipment
and to the provisions relating to prohibited shipments. The CLIENT hereby irrevocably and unconditionally acknowledges and accepts in advance all of the said
terms and conditions and agrees to be bound thereby. It begin further understood and agreed between the parties hereto that the special and favorable fees and
charges offered by DEX-I to the CLIENT in Article 4 above were made on the basis of the CLIENT‟s undertaking contained in the Article 4.
The CLIENT hereby irrevocably and unconditionally acknowledges and agrees that the execution of the DEX-I‟s standard house airway bill titled DEX-I by any
officer, director, employee or agent of the CLIENT or by any person appearing to DEX-I, its officers, directors, employees or agents to be an officer, director,
employee or agent of the CLIENT shall be, and be deemed to be binding and effecting on the CLIENT as if made by the duty authorized signatory of the CLIENT.
The CLIENT is fully responsible for the payment if the CLIENT requests DOT EXPRESS INTERNATIONAL (DEX-I) to pick up courier shipments from any other
venders in Bangladesh.
IN WITNESS WHEEREOF THE PARTIES HERETO has executed this agreement in two originals on the day and the date first written above.
THIS AGREEMENT IS NON-TRANSFERABLE
For and of behalf of For and of behalf of (CLIENT)
DOT EXPRESS INTERNATIONAL.