A. Customer’s Sole Responsibility for Weatherproofing
The Customer expressly agrees and acknowledges that during the
monsoon season, the customer shall be entirely and exclusively
responsible, without exception, for ensuring that all consignments are
fully and adequately rainproofed or waterproofed, including during the
processes of packing, loading, and handing over to Dropon. The
Customer shall also ensure that the method of loading and type of
packaging is fully resistant to all weather elements, including but not
limited to rain, wind, humidity, and water seepage.
B. Absolute Disclaimer of Liability
Dropon shall under no circumstances be liable for any damage,
deterioration, or loss of consignments arising in whole or in part from
exposure to rain, wind, or any adverse weather conditions during
transit, handling, storage, or delivery. All risks related to weather
conditions are assumed solely by the Customer, and the Customer
hereby irrevocably waives all rights to make any claim, demand, or
complaint against Dropon in this regard.
C. Customer Rejection of Consignment
If the Customer refuses or rejects the consignment for any reason
related to rain or wind damage, Dropon shall, at its sole and exclusive
discretion, have the absolute right to:
(a) Store the rejected consignment in Dropon’s warehouse or any
third-party warehouse, as deemed fit by Dropon, at the Customer’s
risk and cost; or
(b) Surrender or dispose of the consignment in accordance with
applicable law, including but not limited to depositing it with a court
of competent jurisdiction.
The Customer shall not have any right to question or challenge
Dropon’s decision in this regard.
D. No Obligation to Wait
Upon rejection of the consignment, Dropon’s rider shall not be
obligated to wait at the Customer’s premises for more than 20
minutes under any circumstance. Once this time elapses, the rider is
authorized to leave the premises immediately and unilaterally, without
the need for any acknowledgment, permission, or signature from the
Customer. Any attempt by the Customer or its representatives to
delay, obstruct, or compel the rider to remain present shall be
considered a material breach and may attract legal consequences. The
Customer shall be solely and unconditionally liable for any resulting
delays, disruptions, operational losses, or consequential damages
incurred by Dropon due to such interference or obstruction.
E. Irrevocable Waiver of Rights Upon Rejection
Upon rejection of a consignment, the Customer shall be deemed to
have permanently forfeited all rights to: initiate or pursue any
allegation of loss, theft, damage, or deficiency and hold Dropon, its
personnel, or affiliates liable in any manner whatsoever.
F. Customer’s Obligation for Storage & Disposal
In case of storage or disposal of a rejected consignment:
(a) The Customer shall unconditionally bear all costs, charges, and
expenses related to storage, transportation, handling, warehousing,
legal compliance, and any other associated processes;
(b) The Customer shall be solely and fully responsible for arranging
the release, retrieval, or return of the consignment, and Dropon shall
have no obligation whatsoever in this regard;
(c) The Customer shall indemnify and keep Dropon, its directors,
officers, employees, agents, and affiliates fully indemnified and
harmless against any and all liabilities, losses, damages, penalties,
claims, or expenses arising directly or indirectly from the storage,
handling, release, or disposal of the consignment.
G. Full Limitation of Liability
Dropon shall not be liable, under any circumstances, for any direct,
indirect, incidental, consequential, special, or punitive loss, damage,
or expense, whether foreseeable or not, arising from:
(a) Rain or weather damage during transit or handling;
(b) Customer’s rejection of the consignment;
(c) Storage, delay, or disposal of the consignment; or
(d) Any act or omission by the Customer or their agents.
The Customer acknowledges that this clause constitutes a full and
final waiver of all such claims.