The Delivery Liability Waiver is essential for businesses operating delivery services in the Philippines, where the growing e-commerce and delivery sector necessitates clear risk allocation between service providers and customers. This document becomes particularly relevant in the context of the Philippine legal framework, which includes the Civil Code, Consumer Act, and various transportation regulations. The waiver helps protect delivery service providers from excessive liability while maintaining fair practices and consumer rights. It addresses key aspects such as service scope, risk acknowledgment, liability limitations, and exception circumstances, making it suitable for various delivery scenarios from standard parcels to specialized shipments. The document is structured to be compliant with Philippine law while providing practical protection for delivery businesses.
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1. Parties: Identification of the delivery service provider and the customer/client, including complete legal names and addresses
2. Background: Context of the delivery service relationship and purpose of the waiver
3. Definitions: Key terms used throughout the document, including 'Services', 'Delivery', 'Liability', and 'Force Majeure'
4. Scope of Services: Detailed description of the delivery services covered by the waiver
5. Acknowledgment of Risks: Customer's acknowledgment of inherent risks in delivery services
6. Liability Limitations: Specific limitations of liability and circumstances under which the waiver applies
7. Exceptions to Waiver: Circumstances where the waiver does not apply (e.g., gross negligence, willful misconduct)
8. Indemnification: Customer's agreement to indemnify the delivery service provider in specific circumstances
9. Governing Law: Specification of Philippine law as governing law and jurisdiction
10. Severability: Provision ensuring remainder of agreement remains valid if any part is found unenforceable
11. Entire Agreement: Confirmation that the waiver represents the complete agreement between parties
1. Insurance Coverage: Details of any insurance coverage maintained by the delivery service provider - include when insurance details are relevant to the service
2. Dispute Resolution: Specific procedures for handling disputes - include for high-value or complex delivery services
3. Term and Termination: Duration of the waiver and termination procedures - include for ongoing service relationships
4. Compliance with Regulations: Specific regulatory compliance requirements - include for regulated goods or cross-border deliveries
5. Data Privacy: Handling of personal information - include when significant customer data is collected
6. Special Handling Requirements: Specific procedures for special items - include for sensitive or valuable deliveries
1. Schedule A - Service Description: Detailed description of delivery services and service levels
2. Schedule B - Prohibited Items: List of items that will not be accepted for delivery
3. Schedule C - Fee Schedule: Pricing and payment terms if applicable
4. Appendix 1 - Insurance Coverage Details: Detailed information about insurance coverage and claim procedures
5. Appendix 2 - Special Handling Procedures: Specific procedures for handling different types of items
6. Appendix 3 - Claim Form: Standard form for submitting claims in case of loss or damage
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