1.1 Zoom Nepal Logistic Services Pvt. Ltd. and zoomnepallogistics.com has its registered office in Kathmandu and is registered with the Company Registrar office under registration number 232966/076/077.
1.2 The Terms represent the conditions of Zoom Nepal Logistic Services PVT.LTD., hereinafter called “Zoom Nepal Logistic Services PVT.LTD.” and its counterparties. Other parties include, principal, customer, sender, receiver, supplier, carrier and user for the supply of goods and/or services, mediation and/or advice, software and/or web services, which are or will be delivered or made available by Zoom Nepal Logistic Services PVT.LTD. requested by the customer, particularly under contract of purchase, sale and/or assignment.
1.3 The customer may verbally or in writing, or via the website of Zoom Nepal Logistic Services PVT.LTD. or otherwise make use of the Zoom Nepal Logistic Services PVT.LTD. goods or services offered, whether or not they form of a long term contract.
1.4 Zoom Nepal Logistic Services PVT.LTD. reserves the right to enforce these Terms and Conditions. Strict compliance may not always be enforced across all conditions, and where they are not this does not mean that it renounces the right to apply to the remaining conditions.
2.1 These Terms and Conditions apply to the legal relationship between Zoom Nepal Logistic Services PVT.LTD. and the customer, regardless of location of the party and regardless of where it is established or implemented.
2.2 Furthermore, this agreement applies to all requests, offers, price lists, quotations, order confirmations, web services, the closed and to close contracts, work of Zoom Nepal Logistic Services PVT.LTD. and its staff on the sales, delivery of service and/or goods, execution of advisory assignments and/or mediation, or the implementation of transport and/or logistics services between Zoom Nepal Logistic Services PVT.LTD. and any party.
2.3 Orders made with Zoom Nepal Logistic Services PVT.LTD. are made under our Terms and Conditions. Zoom Nepal Logistic Services PVT.LTD. does not recognize customer Terms and Conditions even when these are expressly referred to in advance.
2.4 If at any stage of the purchasing there is a conflict between the Zoom Nepal Logistic Services PVT.LTD. Terms and those of the purchaser, Zoom Nepal Logistic Services PVT.LTD. Terms will prevail, except, where there has been specific acceptance in writing to the contrary.
2.5 Once the terms and conditions are accepted, they apply without further notice for new services and agreements between the parties, unless specifically excluded.
2.6 In any conflict about these Terms and where a mandatory provision of law disputes the conditions the remaining provisions of these Terms remain in full force. Zoom Nepal Logistic Services PVT.LTD. will replace the invalid provision with a legally permissible condition.
2.8 Zoom Nepal Logistic Services PVT.LTD. reserves the right to change the terms of the conditions of third parties and to apply these if they relate to the performance of work, relevant to the respective order.
Offer and Acceptance
3.1 All offers and quotations of Zoom Nepal Logistic Services PVT.LTD. in brochures, price lists, and websites or in any form whatsoever are completely free, even if they offer a deadline for acceptance. Tenders relating to the services of Zoom Nepal Logistic Services PVT.LTD. are based on information provided by the Customer. The Customer warrants that to best of their knowledge all critical information for the execution of the contract is provided.
3.2 The offer made by Zoom Nepal Logistic Services PVT.LTD. is without obligation, and is valid, unless otherwise indicated, for fourteen days. The other party accepts the offer made by Zoom Nepal Logistic Services PVT.LTD. by placing an order, which may be written, oral or signing a contract, or through the website or by e-mail. Zoom Nepal Logistic Services PVT.LTD. is bound by a contract only if and insofar as Zoom Nepal Logistic Services PVT.LTD. has confirmed the order.
3.3 Zoom Nepal Logistic Services PVT.LTD. reserves the right without giving reasons to refuse an order. A refusal of an order for whatever reason, can never give rise to any claim for damages by the customer in respect of Zoom Nepal Logistic Services PVT.LTD..
3.4 Verbal promises by the employees and representatives, intermediate and/or assistants of Zoom Nepal Logistic Services PVT.LTD. are binding only if confirmed in writing.
3.5 Data, including those relating to the contract, the bill of lading, invoice and other documents are exchanged electronically; in the event of a dispute the admissibility of electronic messages is not disputed. Electronic messages have the same evidential value as written, unless such messages between the parties have an agreed format and the security level and format are not in the manner agreed stored or recorded.
3.6 The Zoom Nepal Logistic Services PVT.LTD. website and related Web links can be used by customers. None of these websites or companies to whom they belong is controlled by Zoom Nepal Logistic Services PVT.LTD.. Zoom Nepal Logistic Services PVT.LTD. offers no warranty as to the information provided or made available on such sites nor the quality or acceptability of goods, services or software used by such persons or entities in any of these web sites are.
4.1 The orders are executed at the time by Zoom Nepal Logistic Services PVT.LTD. with delivery prices and general terms in force when the booking is confirmed, unless the parties expressly agreed otherwise in writing. All prices exclude sales tax (VAT), warehousing, shipping, transportation, insurance or other charges which relate to the order and / or contract are payable. Prices for additional services or surcharges quoted on the website by Zoom Nepal Logistic Services PVT.LTD. are indicative prices and cannot be legally binding. Courier orders can be subject to a minimum order handling charge.
4.2 If the order is carried out in accordance with Article 4.1 but is at a different price agreed upon, because the price charged at the time of delivery is after the date of the conclusion of the contract, for whatever reason, Zoom Nepal Logistic Services PVT.LTD. is entitled to raise the agreed price accordingly if and when the increase is reasonable, unless the parties expressly agreed in writing that a the price was fixed. Among cost factors not displayed: , materials, packaging, recall or transportation, fuel surcharges, duties, taxes or other charges, currency fluctuations, travel time, travel and accommodation and other delivery/collection related expenses.
4.3 Zoom Nepal Logistic Services PVT.LTD. has no obligation to provide surety from its own resources for the payment of freight, duties, levies, fines, taxes and / or other costs, if they are required. All the consequences of not immediately complying with an obligation to provide surety shall be borne by the Customer.
4.4 The Customer shall at all times, be liable to Zoom Nepal Logistic Services PVT.LTD. for all costs incurred, such as improperly calculated rates, measuring and weighing differences and other legitimate expenses charged by the carrier.
4.6 All prices, rates, charges, financial obligation, amount and / or value are expressed in Nepalese Rupees (NPR), excluding any taxes, fees and / or taxes.
Billing and Payment
5.1 All invoices will be settled within 07 (Seven) days from the date of issue, unless another period is agreed or another billing period is specified.
5.2 Any discounts, bonuses, fees etc. are payable only if the customer has fulfilled its obligations to Zoom Nepal Logistic Services PVT.LTD..
5.3 If payment terms described Article 5.1 are not met, the other party is legally in default. Without requiring a further notice all outstanding debts to Zoom Nepal Logistic Services PVT.LTD. are immediately due and payable.
5.4 All judicial and extrajudicial costs shall be borne by the customer.
5.5 Prior to delivery and / or performance of its obligation to the customer Zoom Nepal Logistic Services PVT.LTD. is always entitled to full or partial payment of the amounts due.
5.6 If payment is not forthcoming or the customer is not creditworthy, then Zoom Nepal Logistic Services PVT.LTD. can suspend the order. Zoom Nepal Logistic Services PVT.LTD. is then entitled to temporarily suspend the customer’s account, until the obligations are fulfilled by the customer.
5.7 Invoice disputes must be raised with 5 days of receipt. Disputes must be in writing (electronic).
5.10 Zoom Nepal Logistic Services PVT.LTD. will provide invoices, in a PDF file and send to the customer electronically. If requested a paper invoice can be sent.
Sender, Recipient, Shipment and Transport
6.1 In this article are the various conditions and obligations that apply to the Sender, Recipient of the shipment and carrying it. Shipments may include documents, parcels, pallets, air, sea freight and other goods to be transported.
6.2 The Sender and / or receiver are responsible for the accuracy and completeness of the data entered in the booking software and on the waybill, and should ensure that all shipments have the correct contact information provided.
6.3 The Sender is required to ensure that the required documents and instructions for shipping, and if applicable for reception, are in the timely possession of Zoom Nepal Logistic Services PVT.LTD. and / or the Carrier. In no event shall Zoom Nepal Logistic Services PVT.LTD. be required to examine whether the information addressed to them is correct and / or complete.
6.4 The Sender must pack and label the consignment, so that the content is described, classified and accompanied by the required shipping documents, which in each case may vary to meet the requirements of the Carrier and the law. Furthermore, the packaging must be able to withstand the usual treatment and the usual transport methods.
6.5 The Sender is required to ensure that the shipment is ready at the agreed place and time and available for collection by the Carrier.
6.6 Zoom Nepal Logistic Services PVT.LTD. and / or the Carrier is not obliged, but entitled to open all consignments and parcels to investigate and confirm the contents are as described by the sender and that statements made are correct and complete. The sender may be asked to open the parcel. The Sender accepts that the Courier and / or the Carrier can perform security checks.
6.7 The Sender warrants that the shipment ordered under these terms comply with the limits of Zoom Nepal Logistic Services PVT.LTD. and / or the Carrier, specifically conditions such as dimensions, weight, volume and value of the shipment. This information is available through the website.
6.8 Zoom Nepal Logistic Services PVT.LTD. will not accept any shipment for transportation, storage or processing if the contents are prohibited by any law or regulation of the country of origin, destination or transit of any country or by the Carrier as such is excluded.
6.9 Consignments must not contain goods forbidden according to national and international laws. Goods that are dangerous to humans and animals and goods on the basis of their properties or the way they are packed are a hazard to other goods that are transported in the same transportation, are excluded. Not allowed are: precious stones, precious metals, jewelry, cash, checks, savings books, bank cards, credit cards, tickets, securities such as stocks, bonds, certificates of shares, options, deeds, bonds, permits, etc., passports, stamps, art, antiques, watches, keys, personal items, perishable or frozen food, alcohol (excluding alcoholic beverages), tobacco and tobacco products, drugs (the illegal drugs), drugs, pornographic material or illegal publications, live or dead animals, animal organs and parts such as fur, ivory, etc., plants, seeds, brown and white goods, firearms and other weaponry, fireworks, explosives, fire extinguishers and other pressurized products, paints and other hazardous or flammable materials and / or liquids.
6.10 Zoom Nepal Logistic Services PVT.LTD. will not accept shipment of Dangerous Goods, unless separately agreed in writing. In all cases of transportation of Dangerous Goods, Zoom Nepal Logistic Services PVT.LTD. will not liable for any damages resulting from delay or other damages.
6.11 Perishable and temperature sensitive shipments and / or goods are moved, provided that the sender accepts shipments, is at their own risk. Zoom Nepal Logistic Services PVT.LTD. and / or the Carrier provide no special treatment for such shipments, unless separately agreed in writing.
6.12 The Sender accepts that the consignments are held in secure premises and are prepared, packaged, stored and transported by trustworthy individuals and that these items be protected from interference by unauthorized persons prior to the acceptance by Zoom Nepal Logistic Services PVT.LTD. and / or the Carrier.
6.13 The Sender is liable to Zoom Nepal Logistic Services PVT.LTD. and / or the Carrier is liable for injury to persons, damage to equipment or other items and for the expenses incurred from inadequate packaging of the shipment.
6.14 If a shipment needs to be cleared through customs, it is the responsibility of the Sender and / or the Receiver to complete accurate documentation for the sent items, but the Carrier will, unless otherwise instructed, act as representatives of the sender and / or receiver at customs. The Carrier may request further written documentation at the expense of the Sender / Receiver or appoint a customs agent /broker to process clearance.
6.15 The extent to which Zoom Nepal Logistic Services PVT.LTD. and / or the Carrier and the Sender / Receiver help in completing the required customs forms and other formalities is without obligation. This is done at your own risk and responsibility of the Sender and / or the Recipient. The Sender and / or Recipient will at its own expense, provide the customs authorities with additional information and documentation if required.
6.16 The sender and / or Recipient accept that they are aware that making an incomplete or inaccurate statement to the customs authorities is deception and carries the risk of civil prosecution and / or the forfeiture and sale of goods.
6.17 Zoom Nepal Logistic Services PVT.LTD. and / or the Carrier in case of a customs seizure of the shipment / goods are entitled to provide the competent authorities with the name and address of the sender and / or the receiver, as well as information on the nature and status of the seized shipment / goods. Furthermore Zoom Nepal Logistic Services PVT.LTD. and / or the Carrier in this case, if it is suspected that the shipment / goods infringing intellectual property rights, are permitted to authorize the destruction of the seized shipment / goods if the sender and / or recipient do not confirm on the first request that the Sender and / or Recipient that Zoom Nepal Logistic Services PVT.LTD. and / or the Carrier are harmless from all liability.
6.18 All delivery and / or transit times provided by Zoom Nepal Logistic Services PVT.LTD. are not binding and therefore involve no final deadline. Exceeding this time (transit time) does not constitute a failure for Zoom Nepal Logistic Services PVT.LTD. and the sender is not entitled to any compensation. Zoom Nepal Logistic Services PVT.LTD. times as displayed on the website are Estimated Times of Arrival (ETA).
6.19 Zoom Nepal Logistic Services PVT.LTD. and / or the Carrier can alter the method of transport and the route used at its discretion. Zoom Nepal Logistic Services PVT.LTD. and /or the carrier shall be entitled to temporarily store consignments if this is deemed necessary and desirable.
6.20 Zoom Nepal Logistic Services PVT.LTD. and / or the Carrier are authorized to deliver the shipment to the Recipient at the address nominated by the Customer or agent, and Zoom Nepal Logistic Services PVT.LTD. and / or the Carrier will deem the Consignment to have been delivered when a proof of delivery (POD), a (CMR) or signed air waybill delivery sheet have been signed. This delivery confirmation can also be obtained electronically.
6.21 Zoom Nepal Logistic Services PVT.LTD. and / or the Carrier may deliver a shipment to the recipient or any other person with authority to receive the shipment on behalf of the recipient. This may be people at the same address as the recipient or at a neighbor. If a shipment is not received, Zoom Nepal Logistic Services PVT.LTD. is entitled to the shipment cost.
6.24 Zoom Nepal Logistic Services PVT.LTD. and / or the Carriers can deliver a multiple consignment in separate parts. If the shipments are delivered in parts, each part can be billed separately.
6.25 The Recipient may return received shipments only if expressly authorized by Zoom Nepal Logistic Services PVT.LTD.. The cost of returning the goods will then be borne by the Customer, unless otherwise agreed between the parties.
6.26 The Sender can opt for Zoom Nepal Logistic Services PVT.LTD. and / or the Carrier agreed terms of transport insurance.
Risk, Retention and Lien
7.1 At the time of delivery, the risk for the goods and / or shipment to the other party, notwithstanding the provisions of Article 7.2.
7.2 Ownership of the goods delivered or to be delivered on orders made with Zoom Nepal Logistic Services PVT.LTD. rest at Zoom Nepal Logistic Services PVT.LTD. until the sender has fully paid for the shipment and other obligations associated with and resulting from the supply of these goods.
7.3 Zoom Nepal Logistic Services PVT.LTD. reserves the right to dispose of goods held in ownership when the customer does not meet their obligation described in 7.2.
7.4 Zoom Nepal Logistic Services PVT.LTD. shall be entitled to shipments for which the customer did not fully meet its obligations, to retain them until it is fully paid or payable and for the items sold to third parties in which case the proceeds after deduction of costs will be paid to the customer.
Complaints and Liability
8.1 The receiver should check the goods upon delivery. The receiver must check the shipment to verify that (transportation) damage has not occurred and / or there are no missing items.
8.2 The Recipient, or the Sender is required to raise a complaint in connection with (transport) damage or missing items delivered in accordance with Article 8.1. and to sign the delivery note stating damage or items missing. Failure to record the problem at delivery or notify Zoom Nepal Logistic Services PVT.LTD. as soon as the delivery has happened will result in the customer losing all his rights in claiming for damages or shortages unless there is intent or a shortcoming by Zoom Nepal Logistic Services PVT.LTD.
8.3 If the damage or loss was not apparent on delivery the receiver has three days after receipt of the consignment to notify the complaint in writing. This must include the nature of the damage or loss as indicated to Zoom Nepal Logistic Services PVT.LTD. Photographic evidence of the damage items and the packing (external and internal) will be required to support the complaint. Additional supporting paperwork (cost receipts) will be requested as needed.
8.4 A consignment is regarded as missing if not delivered within thirty days after collection. Legitimate complaints after this period are assessed on an individual basis.
8.5 Complaints from customers, even if submitted in time, do not automatically suspend payment of the carriage costs.
8.6 Zoom Nepal Logistic Services PVT.LTD. accepts no liability for any damage or any kind regardless of how caused, including any inaccuracy, incompleteness of information, or incorrect or improper selection or implementation of services of the hired carriers and / or experts, breach of contract, tort or otherwise, unless the damage is due to intentional or a shortcoming of Zoom Nepal Logistic Services PVT.LTD.. Furthermore Zoom Nepal Logistic Services PVT.LTD. accepts no liability for indirect damages, which include consequential damages, lost profits, lost savings and business opportunities.
8.7 Zoom Nepal Logistic Services PVT.LTD., including its employees and associated consultants have a limit of liability not greater that 25% of the invoice value of the relevant underlying transaction where a serious failing of Zoom Nepal Logistic Services PVT.LTD. is determined.
8.8 Notwithstanding the other provisions, and subject to any other written agreements, the liability for transporting Zoom Nepal Logistic Services PVT.LTD. and / or the Carrier for (partial) loss and (partial) damage to the shipment.
8.9 In all the above cases, the damages are based on the actual value of the consignment at the place and time of receipt. The starting point is the number of missing or damaged kilograms. Furthermore, in any case of partial loss any settlement will be proportionally refunded.
8.10 The actual value will be determined on the basis of customs, repair, replacement, purchase or market value, which is the lowest value.
8.11 Zoom Nepal Logistic Services PVT.LTD. shall not be liable if the loss, damage or delay is caused by:
a. debt or an order of the sender or recipient;
b. a defect in the order;
c. special circumstances as mentioned in Article 9.1;
d. conditions that the Carrier could not avoid and whose consequences it could not have prevented.
8.12 Zoom Nepal Logistic Services PVT.LTD. and / or the Carrier chosen by the customer are protected against third party claims for damages arising from and related to the delivery and/ or resulting from the incorrect use of the labels supplied by Zoom Nepal Logistic Services PVT.LTD., as well as a use not in accordance with the instructions or advice of Select’s Courier.
9.1 There is no question of a breach by Zoom Nepal Logistic Services PVT.LTD. if the delivery is overdue. Contractual obligation includes, but is not limited to non-attributable failure of third parties, including suppliers of Zoom Nepal Logistic Services PVT.LTD., actions or requirements of public authorities, strikes, disruptions in the electricity, Internet and / or telephone services, business, traffic, weather and / or transport breakdowns and further other circumstances which could Zoom Nepal Logistic Services PVT.LTD. not reasonably have expected that it fulfills its obligations to the other party.
9.2 Any additional costs incurred by contractual obligation, in relation to delivery, including transport, storage and handling costs, warehouse or land rent, deceased, standing and redundancy payments, insurance, removal, etc. shall be borne by the customer.
9.3 If due to circumstances beyond its control continue and Zoom Nepal Logistic Services PVT.LTD. fails to comply with an obligation under the contract. The cancellation is performed by a registered written notice to Zoom Nepal Logistic Services PVT.LTD.. Services already made will be charged pro rata. The obligation to pay for the services shall remain in full force until the date of termination.
Cancellation and Termination
10.1 Zoom Nepal Logistic Services PVT.LTD. has the right to cancel the agreement with the customer unilaterally, in whole or in part, and to terminate a contract if the customer was negligent. The effect of contractual obligation or the permanent inability to reasonably complete an order, where it can reasonably be shown that the task execution was carried out according to the contract and / or agreement compensation cannot be offered.
10.2 In addition, customer dissolution can be informed by registered written notice, subject to the rights of Zoom Nepal Logistic Services PVT.LTD., if a. the business of the customer is wholly or partially transferred, suspended, insolvent or is liquidated;
b. the customer is bankrupt or suspension of payments has become, under administration or under guardianship, or an application on bankruptcy, moratorium, receivership or guardianship has been filed;
c. assets of the customer have been seized.
Confidentiality, Privacy and Security
11.1 Zoom Nepal Logistic Services PVT.LTD. will observe confidentiality regarding the execution of the contract and / or contract data and information obtained regarding the business affairs of the other parties. In particular, Zoom Nepal Logistic Services PVT.LTD. will maintain confidentiality with respect to data and information provided when using the web services.
11.2 Using the Zoom Nepal Logistic Services PVT.LTD. website or related websites to provide information through automatic Internet searches to third parties is strictly prohibited. If such information is received, it will not be treated as confidential and Zoom Nepal Logistic Services PVT.LTD.
11.3 Using the web services requires personal data to be provided. Zoom Nepal Logistic Services PVT.LTD. acts as an intermediary. In this capacity, Zoom Nepal Logistic Services PVT.LTD. complies with all its legal obligations.
11.4 The other party agrees that Zoom Nepal Logistic Services PVT.LTD. can make use of data provided to Zoom Nepal Logistic Services PVT.LTD. for commercial, management and security analysis, administration and advertising services and / or goods by Zoom Nepal Logistic Services delivered. Moreover, the other parties have agreed that the name and / or logo of the other party can be used on the website of Zoom Nepal Logistic Services PVT.LTD. The other party has certain legal rights (Select by Courier to contract) to access, rectify, object to the use for direct marketing or delete personal information about Courier Select the other party possesses. A detailed privacy statement is published on the website of Zoom Nepal Logistic Services PVT.LTD.
11.5 Zoom Nepal Logistic Services PVT.LTD will take steps to maximum capacity to protect the information stored on the servers. These measures will be appropriate, taking into account the state of the art and the costs involved. Zoom Nepal Logistic Services PVT.LTD will especially exercise extreme care to prevent unauthorized access to unauthorized information from the customer.
Applicable Law and Jurisdiction
12.1 These Terms and any ensuing or related disputes are governed by Law of Land.
12.2 All disputes arising out of or resulting from an agreement or practice, to which these Conditions apply, shall be decided by the competent court in Nepal.
Baggage/Luggage Locker Facility:
We provide secure baggage/luggage locker services to all passengers who want to store their baggage/luggage. We provide secure locker facilities. All access point and lockers will be monitored by CCTV. All passengers should have valid travel ticket/ itinerary. Baggage/Luggage should not contain any valuables along with security or custom restricted articles. Passenger should be responsible for any prohibited or banned article inside bags.