Terms and Conditions
Tripart Systems Consultancy Inc., via the brand name RITE, owned by TRIPART SYSTEMS CONSULTANCY INC,. (we, us, our), provides Delivery Services through a web/mobile Platform that connects a Client (you, your) to RITE Drivers or associates, enabling us to offer you immediate or pre-scheduled delivery of Parcels and documents, in the Metropolitan Manila area and selected provincial cities detailed in the coverage matrix, on the basis of these Terms and Conditions.
These Terms and Conditions set out the entire agreement between RITE and Client and supersede any prior or inconsistent agreements, negotiations, representations and promises in relation to the subjects covered by it and in particular shall take priority over (a) any existing arrangements between RITE and Client and (b) any other terms submitted by Client, whether oral or in writing.
Delivery Services: means the delivery consignment (order) to be performed under these Terms and Conditions.
Delivery Request, or order: the delivery of one or more Parcels and Items requested by the Client or the Customer to be collected from one place (Pick-up point) and delivered to another place (Drop-off point). When there are multiple pick-up and/or Drop-off points, we will consider them as multiple Delivery Requests, or orders.
Parcel: an Item or collection of Items wrapped in paper or inside any other wrapping material or container in order to be transported by RITE’s Delivery Drivers or Associates or Partners. Each Parcel must not exceed 25Kg actual weight, this is in line with health and safety guidelines to protect the health of the delivery driver or associate or partner.
Document: a paper based package, usually sealed in an envelope or document pouch. RITE do not distinguish between parcels and documents, except in the event of special arrangements. We treat all parcels and documents as consignments, all with equal security and handling. See section 3 for warranties and 9 for liabilities for further definitions.
Weight: RITE use the volumetric calculation using a factor of 4500.The volumetric weight will be used where the actual weight is lesser than the volumetric weight. Weight is determined by the RITE Driver or associate at time of pick-up.
Dimensions: RITE use metric CM. RITE always use safety as a guide for our safe carriage, we limit our parcels or documents to 50cmx50cmx50cm
Item: each individual object inside a Parcel. A Parcel might include multiple Items.
Consignment: One or more parcels, with a specific named single Pick-up point (address) and a named specific single Drop-off point (address).
Platform: web, mobile or any other product provided by RITE to where Client can request Delivery Services.
Client: this is you, a business entity, or individual that enters into a business agreement with RITE, based on these Terms and Conditions.
Cash on Delivery: this is your cash, collected by us on your behalf. Remittance of your cash is via remittance to a named bank, the next day or a day after of your choice. TRIPART will bank your cash for delays exceeding two days. Collecting cash is free of charge at the time of delivery, however the administration and banking incurs an additional fee, which is selectable when booking the order.
Customer: In case the Client is a business entity and offer RITE’s services to its own customers or clients, we will call your customers or clients as Customers.
Delivery Driver: An employee, exclusively engaged by RITE to perform delivery services.
Delivery associate: a self-employed individual or business, that work with RITE to complete a Delivery Request.
Delivery Requester: same as the Client, the one who is paying RITE for the Delivery Request, and is inputting the Delivery Information into our Platform.
Delivery Information: all data required by RITE to accept a Delivery Request, which will include some or all of the following:
- Description of Item(s) inside Parcel(s)
- Parcel(s) dimensions
- Parcel(s) weight(s)
- Value of Item(s) inside Parcel(s) at landed cost (for insurance purposes).
- Delivery Requester name, email and telephone details (preferable a contact that can be reached while the Delivery Request is taking place)
- Pick-up address (full address, including street name, building and unit numbers, postal code, and any other relevant instruction)
- Where different from Delivery Requester, the name, email and telephone details of the person who will be handing the Parcel(s) to the Delivery associate or partner at the Pick-up address
- Delivery address (full address, including street name, junction, landmark, building and unit numbers, postal code, and any other relevant instruction)
- The recipient’s name, email and telephone details (mobile preferable)
- Special instruction or precaution to be taken in respect of the Delivery Request for example if to be delivered to a third party e.g. named Guard in a condominium
- Requested delivery time, specify the requested timing within a one hour slot, not exceeding the service windows. This time is used for ‘best endeavours’ and is not guaranteed, at this time.
- Cash on Delivery; must include the paying in organization e.g. LBC account name and details including an account number and name of account holder and if applicable a phone number in the description window when placing an order.
- Other option pricing as selected from the ordering portal, including the COD Remittance fee.
- Other service requests as selected from the ordering portal
- Delivery Requester name, email and telephone details (preferable a contact that can be reached while the Delivery Request is taking place)
Delivery Price: the price quoted to the Client after the Delivery Information is provided and before the Delivery Request is confirmed. This is what the Client will be charged for the Delivery Request, including any additional Fee that you select. The price will include 12% VAT in all cases.
Delivery Window: the time slot during which the Delivery Request is to be fulfilled by or on behalf of RITE, as set through the RITE’s Platform, including the time the Parcel(s) needs to be picked up from the Pick-up address.
FAQ: Frequently Asked Questions, available in this link (http://www.riteph.com/faq).
2.1. You must be 18 years old or over and must complete the registration process in order to participate in our service.
2.2. Unless previously authorized by RITE, Client may not register to our services with the intention to mark-up or otherwise up-charge its customers for our services.
2.3. We reserve the right to decline a Delivery Request at our sole discretion, and we reserve the right to terminate your access to all or part of our services at any time without notice, if there is a breach to these Terms and Conditions.
3.1. RITE warrants that the Delivery Services will be provided with reasonable care and skill and that it will use commercially reasonable efforts to meet the Delivery Window for each Delivery Request.
3.2. You warrant that each Parcels you send via our Delivery Services:
3.2.1. Is appropriately packaged in accordance with these Terms and Conditions, and complies with the Delivery Specifications as detailed in our FAQs;
3.2.2. complies with all legal obligations regarding the transportation and delivery of your Parcel(s) and you hereby indemnify RITE for all losses, costs, damages and expenses incurred for any breach of this warranty;
3.2.3. Is considered safe and legal. Items that RITE are unable to deliver include, without limitation:
- Explosives, firearms or other offensive weapons, flammable or hazardous materials, poisonous or infectious substances, blood or blood products (whether infectious or not)
- Human or animal remains
- Live animals
- Share, certificates or other documents evidencing title to securities
- Original copies of any record, drawing, document or electronic recording of which duplicates or copies have not been made and kept by you
- Precious metals and stones
- Illegal narcotics or drugs
- Any parcel (or its contents thereof) of a value (known or estimated) exceeding Php50, 000.00
3.3. You further warrant that:
3.3.1. The Delivery Information is correct;
3.3.2. You have sole and exclusive title to the contents of the Parcel(s) and that you are entitled to have it delivered to the recipient.
- Delivery Request / Order Process
4.1. All Delivery Requests must comply with our Delivery Specifications as detailed in our Terms and FAQs. If a Delivery Request does not comply with our Delivery Specifications then we may decline your order and not pick-up and deliver your Parcel(s) or documents. You further hereby indemnify us for all costs incurred as a result of any non-compliance with our Delivery Specifications. In the case that a Delivery order is non-compliant for reasons beyond the Client’s control (e.g. faulty system), the Client will not be liable for costs incurred as a result of the non-compliance.
4.2. In the event that delivery instructions are deliberately incorrect, we may also terminate or suspend your account with us and charge you for our associated costs of this.
4.3. When creating a Delivery Request, you must provide the necessary Delivery Information, pricing & collections and COD collection & remittance choice and our service fee to RITE via our Platform or via another method where acceptable to RITE at its discretion.
4.4. We shall use the Delivery Information to process your Delivery Request, including, but not limited to, generating a list of Delivery Services available for the Delivery Request, as well as a quotation for the related Delivery Price. Quotations will be valid for at least 15 minutes, after which you may need to re-submit the request along with the Delivery Information to obtain new Delivery Services and Prices.
4.5. You can accept the Delivery Price and confirm the Delivery Request by committing to payment of fees for services and options online in our Platform. Payment may be made in cash by the receiver or shipper. As an expressed agreement by invoice through bank transfer and any means that RITE approve at the time and to a named account of RITE as detailed on the billing statement or payment request. This named account is determined solely at our discretion.
4.6. We will confirm acceptance of your order in the booking window or by email and/or text message after you have confirmed your order. Pick-up Request confirmation by RITE creates a binding contract between you and RITE. We may send you an email after the Delivery order is completed, requesting feedback for the service.
4.7. It is your responsibility to package your Items appropriately for delivery. Please refer to our FAQs for our packaging requirements and Delivery Specifications. RITE will not accept liability for damage or breakage caused by poor packing which contravenes these requirements. Further, RITE will not accept for Items which in the opinion of RITE’s Delivery Drivers or Associates are inappropriately packed, or disparate loose unpacked Items. Delivery Requests rejected on this basis will not be eligible for refund.
4.8. RITE may at any time inspect your Parcel(s) and refuse to complete a Delivery Request if we consider that it breaches any of the Clauses in section 3 in these Terms and Conditions.
4.9. Your Delivery Request is deemed Completed upon receipt by RITE of proof of delivery by signature in electronic or written form or by other evidence such as the Delivery Driver or Associate confirmation of delivery.
4.10. The Parcel(s) will be delivered to the specified Drop-off address in the Delivery Information, and to the named recipient personally. Nonetheless, in the case that you nominate two or more names, the name of the person who signs for the delivery will be captured together with his/her signature upon delivery by the Delivery driver or Associate or partner.
4.11. The Delivery Requester and the recipient will be able to track the Delivery Request status on RITE’s platform until the Delivery Request is completed. Tracking is possible on the consignment level, but not on the Item level. You must keep track of what items are inside each Parcel with a packing list.
- Delivery Request Cancellation and Modifications
5.1. If cancellation takes place before the Delivery driver or associate is on his way to pick up the consignment, the Delivery Price debited from the Client will be fully refunded. Cancellation fee will be applied to the Client if Delivery Request is cancelled when the Delivery associate or partner is already on the way to collect the Parcel(s) or later on the delivery process (charge is 50% of Delivery Price).
5.2. If you would like to modify a Delivery order, we will make reasonable efforts to assist you. In the event that a Delivery Driver or Associate is no longer available or cannot complete the modified Delivery Order, then we will reject the modification. In this case, Client can opt for no longer modifying original Delivery Request or for cancellation (cancellation fee might apply as per clause 5.1).
5.3. RITE reserves the right to cancel a Delivery Request or order. Where RITE cancels a Delivery Request no order is confirmed and you are not billed. When an order is cancelled, other than where necessitated by fault of you or the recipient, RITE will credit you in full for the Delivery order.
- Delivery Price and Additional Fees
6.1. The Delivery Price will be quoted to the Client before a Delivery Request is completed. By confirming the Delivery Order, you accept to pay the Delivery Price quoted. Should you omit options that you later request, these fees will be added to the order after consulting with the client or paying party.
6.2. The Delivery Driver or associate will wait for a maximum of 6 minutes at both the pick-up and the drop-off address unless instructed otherwise by RITE as appropriate. The first 6 minutes waiting at either end are free of charge. Additional waiting time is quoted at Php 20.00 per BLOCKS OF 6 MINUTES, or part thereof. RITE’s Customer Service will attempt to contact the Delivery Requester by telephone for authorization to incur additional, chargeable wait time if necessary. In the event you cannot be contacted, you authorize RITE to incur additional, chargeable wait time on your behalf as RITE deems appropriate.
6.3. You recognize that RITE’s ability to provide the Delivery Services is dependent on the accuracy of the Delivery Information. You acknowledge that RITE shall not be liable for any breach of this agreement caused by any inaccuracy in such information, and that you will be liable to pay for any Additional Charges arising as a result of such inaccurate data (e.g. Cancellation fee, Additional waiting time).
6.4. You accept that the Delivery Price and any incurred Additional Fee or option fees will be charged to the payment method chosen when confirming the Delivery Request. Refunds and Cancellation will also be debited or credit to the same source of payment.
- Failure to complete Delivery Request
7.1. In the event a Delivery Request is not completed because the Delivery driver or associate was late to reach the recipient for reasons that are not the Client’s responsibility (as per clause 3 – Warranties) , and not described on clause 9.3.5 (circumstances outside our control), RITE’s Customer Service will contact the Client to arrange redelivery, free of charge.
7.2. In the event that the recipient is found to be absent from the address specified by you and no other person is present to take the Parcel(s), the Delivery driver or associate will call the Delivery Requester (you) to request further instructions on how to proceed. In the event you cannot be contacted either, you authorize RITE to decide on your behalf as we deem appropriate. You acknowledge that Additional Charges might arise as a result of Delivery Request completion failure due to missing recipient (e.g. Cancellation fee, Additional waiting time, New Delivery Request).
Unless cancellation is initiated by RITE (as per clause 5.3), RITE does not automatically offer refunds for service delay or failures, but decides on any possible refund on a case by case basis following a review of the circumstances. All requests for refunds should be addressed to RITE’s Customer Service team on Telephone No. (02) 401-9713 or mobile numbers 09985632406 (SMART) or 09178787125 (GLOBE) during office hours of 8am to 9pm, who will authorize refunds at her/his discretion. Refunds may be partial or total depending on the severity of the failure and the inconvenience caused. Refunds will be made to the same source of payment used to make payment for the Delivery Request.
9.1. Subject to clauses 9.2 and 9.3, RITE’s total liability in relation to the Delivery Services (whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited for damage to or loss of the Parcel(s) at Php 350.00 per Kilogram for the Delivery order (or the value of Parcel(s) transported under that Delivery order, whatever is lower); caped at Php 5,500.00 per delivery order. RITE reserves the right to validate the loss for actual value and the customer agrees to furnish evidence of value in all claim cases. Should RITE find evidence or suspicions of a fraudulent claim, we reserve the right to disqualify the claim.
9.2. You acknowledge that satisfying the Delivery Window agreed for each Delivery order as part of the Delivery Services is dependent on a number of external factors some of which are beyond the control of RITE. As such, provided RITE uses reasonable efforts to meet the Delivery Window, it will not be liable to you (or to anyone else) for any late or failed deliveries. For the avoidance of doubt, time is not of the essence under the general Terms and Conditions. Nonetheless, in the event a Delivery Request is not completed because the Delivery Driver or Associate was late to reach the recipient for reasons that are not the Client’s responsibility
As per clause 3 – Warranties) , and not described on clause 9.3.5 (circumstances outside our control), RITE’s Customer Service will contact the Client to arrange redelivery, free of charge.
9.3. RITE shall not be liable for damage or loss of Documents or Parcels arising from or in connection with:
9.3.1. The delivery of Parcels or Items that are not in conformation with these Terms and Conditions
9.3.2. Any loss caused directly or indirectly by any breach by the Client of these Terms and Conditions including the Delivery Specifications.
9.3.3. Items that need special transportation precaution and no specification were mentioned to it in the Delivery Information.
9.3.4. Inherent defect or natural deterioration of the Items in a Parcel.
9.3.5. circumstances outside our control, including without limitation any civil unrest, states of emergency, severe weather warnings as issued by PAGASA, industrial disputes or unrest, material shortages or rationing, law or government regulations, accidents, traffic obstructions or severe congestion as reported by TV5- MMDA monitoring system, impounding or delay of delivery vehicle, failures or interruptions in the supply of utilities or in respect of any telecommunication or information system, acts of God, acts of war or other events of force majeure.
10.1. Claims for damage to the Item(s) inside a Parcel must be made within 2 days from the date on which RITE accepts the Delivery Request associated to the Item(s) in question, failing which RITE shall have no liability whatsoever.
10.2. Any claims for loss of the Parcel(s) must be made within 2 days from the date on which RITE accepts the Delivery Request associated to the Parcel(s) in question, failing which RITE shall have no liability whatsoever.
10.3. All claims must be made submitted by email to [email protected], accompanied by the Delivery Request number and any other supporting documents requested by RITE (e.g. picture of Items before and after transportation and proof of valuation).
10.4 RITE reserves the right to provide replacement goods of similar type or condition, subject to valid claims being awarded.
10.5. Claims are limited to one claim per Delivery order, settlement of which shall be full and final settlement for all loss or damage in connection therewith.
You agree that RITE has the right to communicate with you through email or whatever other means of updates, changes, etc. to the service as well as any special offers or promotions offered by RITE or any other affiliated services.
- Sub-contracting and No Poaching
12.1. RITE may assign, transfer or sub-contract its rights and obligations under these Terms and Conditions to any third party subcontractor without prior notification to you, provided it remains liable to the Client for their performance. Any sub-contractor or agent of RITE shall be entitled to rely on and enforce any of these Terms and Conditions as if it were a party to them in the place of RITE.
12.2. The Client may not assign or transfer or sub contract its rights or obligations under these Terms and Conditions.
12.3. The Client agrees that for so long as the Client have not terminated these Terms and Conditions, and for a period of one hundred eighty (180) days following termination, Client will not hire, solicit or entice any Delivery Driver or associate or partner introduced to Client as a result of Client’s use of RITE’s Delivery Services, to perform any delivery service whatsoever for Client in replacement of any delivery service that could be provided to Client through RITE’s Platform. In the event that the Client obtains the delivery services of any such Delivery associate or partner, Client hereby agrees to pay to RITE the Fees that Client would have paid to RITE had Client obtained such services through RITE’s Delivery Service.
13.1. RITE may terminate these Terms and Conditions and suspend or terminate your account for any late payment of charges.
13.2. Either party may terminate these Terms and Conditions on 30 days’ prior written notice
- Governing Law
The Terms and Conditions set out herein shall be subject to and construed in accordance with the law of the Republic of Philippines. The parties hereby irrevocably submit to the exclusive jurisdiction of the courts of Parañaque City, Metro Manila and agree that all proceedings in relation to any dispute arising out of or in connection with these Terms and Conditions shall be commenced in the appropriate courts of Parañaque City, Metro Manila.