Terms and Conditions of Delivery of Goods

1. Definitions

• "We", "us", "our", "Koombiyo Delivery" means Koombiyo Delivery (Pvt) Ltd and its employees, agents, and independent contractors.
• "You" / "your" means the sender or consignor.
• "Delivery" means the whole of the operations and services, in written or electronic form via the Koombiyo Delivery order tracking system, concerning the shipment.
• "Airway bill" means information provided by you, in written or electronic form via the Koombiyo Delivery order tracking system, concerning the shipment.
• "Other services" means all services other than delivery of shipments performed by us, including but not limited to storage, sorting, and packing.
• Koombiyo Delivery (Pvt) Ltd is a company incorporated under the laws of Sri Lanka, registration no. PV 00207668, registered address 68/2, Thalapathpitiya Road, Udahamulla, Nugegoda.
• "Shipment" means goods or documents of any nature (whether in bulk or in one or more packages) which we have accepted for delivery or in respect of which we perform other services, whether under our airway bill or not.
• "Prohibited item" means any goods or materials whose delivery is prohibited by any law, rule, or regulation of the Democratic Socialist Republic of Sri Lanka.
• "COD" means Cash on Delivery.

2. The party you're contracting with

Your agreement for delivery and other services is with Koombiyo Delivery, or the subsidiary or affiliate of Koombiyo Delivery that accepts your shipment for delivery or, as the case may be, performs the other services.

3. Acceptance of these terms

• These terms constitute a legally binding contract between Koombiyo Delivery and yourself. Where Koombiyo Delivery renders other services under a separate document with its own terms, that document governs those services.
• By handing us your shipment, you accept these terms — and any terms for other services — on behalf of yourself and anyone else with an interest in the shipment, whether or not you've signed our airway bill.
• Unless otherwise agreed in writing by both parties, these terms govern all delivery services notwithstanding any additional terms agreed from time to time.
• These terms may be invoked by anyone we engage to collect, transport, or deliver your shipment, as well as our employees, directors, and agents. Only our authorized officers may agree to a variation in writing. Oral or written instructions from you that conflict with these terms do not bind us.

4. Your obligations

You warrant, represent, and guarantee to us that:

• The receiver's full address and contact details have been fully, accurately, and legibly entered on our waybill and order tracking system.
• The waybill is securely attached to a prominent position on the outer surface of the shipment, clearly visible to us.
• The barcode ID sticker for each shipment is affixed to a flat, scannable surface.
• Shipment details are entered into the Koombiyo Delivery system daily, for shipments handed over the same day, by the agreed cut-off time.
• The shipment's contents are prepared and packed safely to protect against the ordinary risks of transport and any associated sortation/handling.
• All applicable laws and regulations have been complied with.
• You've taken reasonable precautions — including encryption where practicable — to comply with data protection laws relating to personal data, to keep it safe in the event of loss or mis-delivery.
• The value of any shipment does not exceed LKR 500,000.
• You indemnify and hold us harmless from any liabilities, costs, damages, or expenses (including legal costs) arising from your breach of these warranties — even if we inadvertently accept a shipment that contravenes them.
• The shipment contains no dangerous or prohibited items, and nothing flammable or explosive.

5. Right of inspection

You agree that we, any governmental authority, or relevant security officers may open and inspect your shipment at any time to confirm it contains no prohibited items.

6. Incorrect address

If you've provided an incorrect recipient address, we'll take reasonable efforts to ascertain the correct one, keep you informed via the order tracking system, and — once confirmed by you or the receiver — deliver or attempt delivery to the correct address, subject to additional charges that may apply.

7. Delivery of your shipment

• If we're unable to deliver for a reason other than our fault, we'll notify you via the order tracking system and alert the receiver that delivery was attempted and where the shipment is.
• If delivery fails after our third attempt, or the receiver refuses delivery, we'll return the shipment to you at the earliest opportunity.
• You agree to pay any costs we incur forwarding, disposing of, or returning shipments, and any additional charges for delivery attempts beyond the third.
• If we don't receive instructions from you or the receiver within a reasonable period after the third attempt, we may return the shipment without further liability to you.
• Shipments not uploaded/entered in the system before 6pm on the day they're handed to Koombiyo Delivery will not be sent out for delivery that day.

Special delivery instructions

• You or the receiver may instruct us (via the Koombiyo Delivery website or other medium) to deliver to an alternate location/person, or the receiver may request collection from an alternate location we accept.
• A delivery receipt listing the alternative person/location constitutes proof of delivery.
• We are not liable for loss, damage, or delay arising from fulfilling special delivery instructions.
• You indemnify us against claims, costs, liability, and expenses (including reasonable legal fees) arising from loss or damage as a result of this service.
• We reserve the right to charge an administration fee for special delivery instructions.

8. Calculation of transit times & routing

• The first delivery attempt is made within one working day after handover, provided your obligations under Section 4 have been met.
• Weekends, public/bank holidays, customs delays, mandatory local security compliance delays, or other events beyond our control are excluded from published door-to-door delivery times.
• The route and transport method are at our sole discretion.

9. Shipment tracking

Only the Koombiyo Delivery waybill ID may be used for shipment tracking. We are not liable for delays caused by failure to use the correct waybill ID.

10. Liability

• We are not liable for loss or damage caused by inadequate packaging.
• We are not liable for loss of income, profits, markets, reputation, customers, use, or opportunity, nor for indirect, incidental, special, or consequential damages — even if we knew such loss might arise — including where arising from breach of contract, negligence, or willful default.
• We are not liable where we fail to perform due to circumstances beyond our control, including: acts of God (earthquake, storm, flood, fire, disease, fog, snow, frost); force majeure (war, accidents, acts of public enemies, strikes, embargoes, perils of the air, local disputes, civil commotion); national/local transport network disruptions or mechanical failures; latent defects or inherent vice in the shipment's contents; your acts or omissions (or those of third parties) causing breach of your obligations, including prohibited items even if accepted by mistake; and our refusal to make an illegal payment on your behalf.
• We are not a common carrier and do not accept the liabilities of one.

11. Valuable goods

Precious stones/metals, jewelry, negotiable instruments, unprotected furniture, glass, art, antiques, and important documents (passports, tenders, share/option certificates) should not be sent through our network, due to mechanical handling, automated sortation, and multiple transshipments that could cause loss or damage. If you send such goods anyway, it's entirely at your own risk.

12. Claims brought by third parties

You undertake not to permit anyone else with an interest in the shipment to bring a claim against us, even for our negligence or default. If such a claim is made, you'll indemnify us against its consequences and our costs/expenses in defending it.

13. Claims procedure

• We assume a shipment was delivered in good condition unless the receiver noted damage on our delivery record at acceptance. For a damage claim, the shipment's contents and original packaging must be made available for our inspection within a reasonable time.
• If we accept part or all of a claim, you warrant that your insurers or any other interested third party have waived any rights of subrogation or similar remedy.
• A shipment is not deemed lost until at least 30 days have elapsed since you notified us of non-delivery, unless we agree in writing to a shorter period.

14. Rates & payment

• You agree to pay our charges, including applicable surcharges and taxes, within 7 days of our invoice date, without withholding, deduction, counterclaim, or set-off.
• You waive the right to challenge an invoice unless contested in writing within 7 days of its date.
• Charges follow our current rate card (available on request) or relevant agreement/correspondence.
• We charge for every shipment handed over where we've made at least one delivery attempt, based on actual weight and delivery location.
• Invoices do not include copies of the Proof of Delivery (POD).
• Our standard invoicing method is electronic.
• You're liable for all applicable duties, taxes, and charges, including stamp duty, on deliveries, other services, and related documents.

15. Cash on Delivery (COD) settlements

COD proceeds from successful deliveries are settled to you at an agreed frequency, after deducting agreed COD surcharges, if applicable.

16. Indemnity regarding employees

You agree to indemnify and hold us harmless from all costs, claims, liabilities, and demands arising directly or indirectly from the redundancy, selective re-employment, or transfer of any of our employees assigned or primarily dedicated to services provided to you at your written request.

17. Law & jurisdiction

• If any term is held invalid or unenforceable, the remaining provisions stay in force.
• Except as provided by an applicable convention, disputes arising from this contract are subject to the laws and courts of the Democratic Socialist Republic of Sri Lanka.