Vendor Terms And Conditions


 

This Vendor Service Agreement (the "Agreement") is a Legal and Binding Agreement between anyone who uses Puryau System and Puryau Services Pvt. Ltd. and will be effective from date of user signup.

Whereas,

  1. This Agreement is for the  Courier Delivery Service . 

  2. Including (Cash On Delivery) COD Pick Up Service for any part of Nepal. 

  3. The parties hereby agree to the provided terms and conditions.

 

  1. INTRODUCTION

In this  “Vendor” Service Agreement (“Agreement”), “Puryau” refers to Puryau Services Pvt. Ltd, a company established and existing under the law of Nepal Government working as a logistics service provider, located at Sankhamul, Kathmandu, Nepal and “Vendor” refers to user of “Puryau” the company established and existing under the law of Nepal Government, located at Kathmandu, Nepal. 

 

  1. DEFINITION

    1. “Agreement” means this agreement, including the recitals, schedules, appendices, annexures and exhibits and any amendments thereto from time to time.

    2. “Vendor” means any person or entity who wishes to subscribe to services provided by Puryau platform.

    3. “Business Day” means a day (other than Saturday, national holidays and bank holidays in the Territory) on which nationalized banks are generally open in Nepal for the conduct of banking business and comprising normal working hours.

    4. “Confidential Information” shall mean all and any information:

      1. Which either Party may have or have acquired before or after the date of this Agreement in relation to the Products, Customer Information and Delivery Services and processes of Service Provider, any other related information, trade secrets and all other information designated as confidential by the a Party from time to time; 

      2. Which either Party may have acquired before or after the date of this Agreement in relation to the customers, business, operations, financial conditions, assets or affairs of the other Party resulting from: negotiating this Agreement; or exercising its rights or performing its obligations under this Agreement; or which relates to the contents of this Agreement (or any agreement or arrangement entered into pursuant to this Agreement). 

    5. “Puryau Account” means an account allocated to an Puryau User by Puryau’s software system upon completion of registration at Puryau’s designated website located at www.puryau.com. Each Puryau Account is for placing orders, monitoring, communicating and using the services provided by Puryau. 

    6. “Wallet" means a total collection or raw payment which is still to be calculated.

    7. “System” shall mean the object code version of Puryau's client Software Development Kit (" SDK "), HTML code, application programming interfaces (APIs), and related documentation which Puryau provides to Vendor’s.

    8. “Payment” means the Cash on Delivery amount  payment collected by Puryau on behalf of Vendor for each Parcel.

    9. “Payment Request” means Vendor’s request to deposit a wallet amount to Vendor’s bank / Khalti  account. 

    10. “Parties” shall mean a term for Puryau and Vendor jointly and collectively.

    11. “Refund” means payments to be returned to Puryau’s user account upon Vendor’s prior written instructions or condition.

    12. “Service” means logistics services that Puryau provides to vendors. 

    13. “Transaction Value” means the amount, in NPR, charged by Vendor  to an local product receiver for the purchase of Products

    14. “FRAGILE” means the product that might get easily broken or damaged Including food or consumable  products.

    15. “Ticket” means the support system that “Vendor” can access from the “user” login from the “Puryau”  website www.puryau.com .

    16. “Parcel” means any item you need to get it delivered to another location. 

    17. “COD” means the total amount that puryau should receive from the buyer or receiver of the parcel that includes Item cost, Delivery or more that “Vendor” needs to charge the receiver of the parcel.

    18. “COD Pickup” means the collection of cash from the Customer by the “Puryau” on behalf of the “Vendor”

    19. “Reverse Pickup” or “Exchange Order” means collection of the Products by “Puryau” from the Customer’s address as specified by the  “Vendor” and the delivery of such products at a location as per the information of the order.  . 

    20. “Returns” or “RTO” means the delivery of Products not accepted by the Customers for any reasons whatsoever to the  “Vendor” at a location mutually agreed between the Parties.

    21. “Parents” means blood relation or family member ( Mother / Father ) of the “Vendor” that cannot include brother, sister or friends. 

    22. “Dispatch” means dispatch of the parcel from the Warehouse / Shortcenter  of “Puryau” or the “Vendor”.

    23. “Delivery Personnel” means the person engaged by a “Puryau”  for the Delivery or Returns of the Products. 

    24. “Fees” means the consideration payable by the “Vendor”  to “Puryau”  for providing the Delivery Services as contemplated under this Agreement. 

    25. “Proof of Delivery” or “POD” means the physical or digital document  or status which contains the proof of delivery or acceptance of the handover of the Products by “Puryau”  from the “Vendor” or to/from the Customer as the case may be.  

    26. “Territory” – means any territory which is mutually agreed between the Parties to be their operational area as per latest quotation of  “Puryau”.

 

  1. SCOPE OF SERVICES:

  1. Forward Delivery of the Products

  1. “Puryau” will allocate and send Delivery Personnel to the location(s) mutually agreed with the  “Vendor” on any Business Day as required by the  “Vendor” to pick up the Products for providing Delivery services. The location(s) for such pick up need to be communicated by the  “Vendor” at least 2 days in advance before start of pick up from such location(s) for the first time and any change in location also needs to be communicated at least 2 days in advance of such change being effective.   

  2. Delivery Personnel shall pick up and load the Products carefully to prevent the Products from being pressed, wrinkled and/or damaged. The Parties acknowledge and agree that in the course of the Delivery Services provided by “Puryau”, if there is any loss or theft of the Products solely on account of gross negligence and willful misconduct of the Delivery Personnel, any such damage or loss to the Products shall be borne by “Puryau”  in accordance with the relevant clauses pertaining to liability of the “Puryau”  as provided for in this Agreement. 

  3. “Puryau” shall provide the  “Vendor” a list of delivery locations of the areas lying within the Territory where “Puryau” will make the Delivery or Returns of the Products reasonably within the timeline from the time of collection of the Products from the mutually agreed locations of the  “Vendor”; This list may be updated by the “Puryau”  from time to time.

  4. “Puryau” will make at least two attempts to deliver the Products to the Customers at the location specified by the Customer (and informed to “Puryau” by  “Vendor”) over a period of four business days and at the time of delivering the Products shall obtain the signature of the Customer or his representative on a document which is referred to as a POD. The “Puryau”  will not bear any liability on the Product once the same has been delivered to the Customer. The “Puryau” shall make available to the  “Vendor”, on request, any POD’s as maybe required by the  “Vendor” if such request is raised within 15 (fifteen) days of the date of delivery of the Product. The “Puryau” will be under no obligation to provide proof of delivery of the Products beyond such period.   

  5. In the event “Puryau” is unable to Deliver the Products to the Customer, “Puryau” shall inform the  “Vendor” regarding the same and initiate RTO of such Products;

  6. In the event the  “Vendor” instructs Service Provider to deliver a Product(s) to a Customer on a COD or DOD basis, Service Provider will simultaneously with such delivery of the Product(s) to the Customer collect cash (only in Nepali Rupees) or a demand draft (as the case may be) of a value specified in the relevant invoice issued by the  “Vendor” to the Customer. Such cash or demand draft (as the case may be) will be held by the Service Provider as a limited agent of  “Vendor” and in trust for the  “Vendor” and such cash collected by Service Provider from the Customers on behalf of the  “Vendor” will be transferred by Service Provider to the bank account designated by the  “Vendor” within seven (7) Business Days after the day of collection of the cash without making any deductions whatsoever; and any demand draft collected by Service Provider from the Customers on behalf of the  “Vendor” shall be couriered to / hand delivered to an address specified by the  “Vendor” within seven (7) Business Days from the date of such collection by the Service Provider. Service Provider understands that the amounts collected by it from Customers on behalf of the  “Vendor” belongs to the  “Vendor” and is lying in its custody, till transferred to the  “Vendor”, subject to the rights available to the Service Provider under applicable laws. 

 

  1. STATUS INFORMATION

  • “PENDING” means the vendor placed an order on www.puryau.com  and “Puryau” hasn’t taken any action on the order.

  • “ACCEPTED” means “Delivery Personnel” is on the way to pick up orders from the “Vendor” warehouse. 

  • “PICKED-UP '' means the “Delivery Personnel” have picked up the order from the “Vendor” warehouse and order hasn’t reached the “Puryau” warehouse or sort-center. 

  • “SORT-CENTER '' means the item has reached SORT-CENTER of Puryau that might be the SORT-CENTER of re-dispatch location or delivery location. Such information will be marked by (ie. SORT-CENTER (Kathmandu )or SORT-CENTER ( Pokhara) which means  ” have picked up the order from the “Vendor” warehouse and order hasn’t reached the “Puryau” warehouse or sort-center. 

  • “ASSIGNED”  means the rider is picking up an order from the SORT-CENTER of the delivery location to deliver the item. 

  • “DELIVERING” means the rider has picked up the item and is on the way to deliver the parcel to the receiver.

  • “COMPLETED” means the rider has delivered the parcel to the receiver and completed all the jobs including collection of  “COD”

  • “CANCELLED” means the vendor placed an order and “Parcel”  has been cancelled for various reasons.  “Fees”  will not be taken for cancelled parcels.

  • “REJECTED” means “Delivery Personnel” tried to deliver the “Parcel”  but couldn't deliver and enough effort has been put to deliver the “Parcel”  (ie. “Deliver Personnel” has to reach the delivery location)  “Fees”  will  be taken for “Rejected” parcels.

  • “SCHEDULED”  means “Parcel” has been requested to be delivered but customer and  “Delivery Personnel” communicated and requested / agreed to receive the parcel in a different time than the delivery  is expected by the sender. 

  • “DISPATCHED” means the “Parcel” has been dispatched from one location to another location from the warehouse of “Puryau” and hasn’t yet reached the delivery location.

  • “TOBERETURNED” means the “Parcel” has been“CANCELLED” or “REJECTED” and still remains to return the item to “Vendor”  or to mark the status as return works in a different system / model.

  • “RETURNED” means the “Parcel” has been“CANCELLED” or “REJECTED” and  the “Parcel” has been returned to the “Vendor”. 

  • “RETURNWAREHOUSE” means the item is in the warehouse of the Return Department of  “Puryau”.

  • “RE-DISPATCHED” means the “Parcel”  is repacked with new information and dispatched to for delivery in the next location as per the  information in the new order placed.

 

  1. DURATION OF AGREEMENT

This “Agreement” shall come into effect from the date written first above and shall remain valid for two (2) years and shall be automatically renewed for subsequent similar periods, unless either of the parties terminates it pursuant to any clause.

 

  1. OBLIGATION OF PURYAU

    1. Shall commit to ensure on time and right delivery of the product.

    2. Shall be responsible to proceed for  DELIVERY on all shipments. 

    3. Shall provide the consolidated bills of all the extra charges like Octroi Clearance, taxes, duties, clearance charges or any other charges to 2nd party before reimbursement levied on Puryau.

    4. Shall claim all the extra charges levied on shipments.  

    5. Shall deliver shipment Parcels via Puryau staff or agent. 

 

  1. SERVICE FEE

    1. Puryau shall charge service fee as per the latest quotation for the service provided to Vendor.

    2. Transaction cost can be waived from the “Vendor” ‘s wallet  based on the “Vendor”  upto  Rs. 40 per transaction depending on the transfer amount at a time and payment service provider shall be charged to the  “Vendor” ( Maximum amount is 98 thousand at a time).

 

  1. REFUND

    1. If  “Vendor” have signed an official hard copy agreement and “Parcels” are dispatched as per the agreed term and conditions of  “Puryau” , if parcel is damaged or misplaced “Puryau” will refund the amount as per the refund terms and condition.

    2. If any Refund has to be made after verification as per the terms and condition of “Puryau” , “Vendor” should ask for refund within 10 days for the item dispatched by “Vendor” that is to be delivered within the same city where “Vendor” and “Puryau” is working. If the “Vendor” has dispatched the item for cities beside “Puryau” head office , “Vendor” should claim for the refund within 15 days of dispatch using the official ticket system within www.puryau.com explaining  all the events of the parcel. “Puryau”  will ask for more explanation or clarification within the ticket

    3. Puryau authorizes the amount of refund not exceeding 60% of actual cost if COD is added to the website. The maximum refund amount is Rs. 6000 per parcel.  Item’s with no COD entry in the website  will be provided NRs 1500  per KG after confirmation of item size and product inside the parcel. Puryau can take upto 45 days or more depending on the situation to proceed the refund..  All the communication about the refund should be  in a written format via mail or ticket.

    4. If the item is damaged while delivering, information of such damage should be given within 6 hours of delivery via the official ticket system with all the proofs (Photo, Screenshot of  Chat or video). Damage in FRAGILE parcels which don’t follow “Puryau” terms and condition will not be considered for further investigation.   

    5. Damaged item should be provided to “Puryau” without using. If an item is found to be used “Refund” will not be possible. Once item is returned,  “Puryau”  will / can resell the item to next user or next “Vendor” who sells similar items. 

    6. Refunds will not be provided to “Vendor” for any delay , cancellation or  rejection of the order.

 

  1. AGREED TERMS

    1. Shall deliver the collected shipments within the time.

    2. “Vendor” must attach original PAN / VAT Bills on every shipment. If not attached shipment might be stopped at any time with or without any information. 

    3. If “Vendor” wants to change the payment option  ( Bank / Khalti ) , written documents should be emailed to finance that should attach a legal copy of business minute,  username , phone number and previous and new account. The finance department might take up to 7 days to change the details. Once the account is changed, the old method will be removed and the new payment method will be used as a payment account.  

    4. “Puryau” is responsible to mark delivery status of goods, until pandemic we will not ask customers to sign the goods delivery status, after pandemic is over customer will be asked to sign the received confirmation slip or mobile.

    5. Any Item that might get damaged should be quoted “Handle with care” or “ FRAGILE” . Fragile products should be wrapped with bubble wrap. Any damages to the “FRAGILE” product that the “Vendor” might claim for damage to the fragile products will not be provided.  

    6. “FRAGILE” product should contain the special packaging (bubble wrap) on the product.  “FRAGILE” Parcel without bubble wrap might get halted at any state of shipment.

    7. All items sent to “Puryau” should be in the system ( www.puryau.com ) , with proper status at time of dispatch from “Vendor” warehouse to claim insurance.  Items not entered into the system , will not be liable to be claimed. 1st party “Puryau” can take for upto 45 days time to complete the process. 

    8. Items lost should be claimed by creating a “Ticket”  within 10 days of dispatch from “Vendor” warehouse. If the Item is  proven lost after 10 days and “Vendor” has no ticket within the given time Puryau is not responsible to pay the claimed amount. “Puryau” will return the item if found and bears no responsibility for such parcels. 

    9. Once “Puryau” picks up the item, item should reach the Following Status SORT-CENTER / ASSIGNED / DELIVERING / DISPATCHED / COMPLETED / REJECTED /  within 24 Hours. If “Vendor” Identifies order’s beside this status. “Ticket” Should be immediately raised. If ticket is not raised “Puryau” will not be further responsible for parcel and will be marked as CANCELLED, at this condition Puryau will return or deliver the item if found but will not take any responsibility of the Parcel. 

    10. Insurance doesn’t cover any natural , governmental or any cases that might damage the item and are not in control of both “Vendor” or  “Puryau”.  

    11. “Puryau” officially doesn’t deliver goods such as grocery, foods, fruits, vegetables or any non-storable items that might get damaged if not kept in special environment. These goods  will not be compensated. Any communication for convincing team members of “Puryau” to deliver items on chat, call or wherever is not considered as official approval until a special written agreement with thumb and signature of both parties is signed. 

    12. Urgent orders with no time to verify will not be insured/compensated.

    13. “Vendor” agrees to be charged for the entire shipping base rate as per the latest quotation of the company.  

    14. “Vendor” agrees to keep Puryau indemnified against all duties, taxes, octroi, clearance charges and any other charge/levy by whatever name called, imposed on shipments.

    15. Shall return the rejected or failed  item to the “Vendor”. 

    16. “Vendor” should pack the item in a Parcel that is not easily unbolted and should not be visible from eyeshot what item is inside the Parcel. Any “Parce” with visible packaging ( Packaging which can help to identify which item is inside the packet  wont get refunded in case of loss.

    17. “Vendor” is responsible to add the official / genuine  VAT / PAN bill  inside the Parcel while delivery address should be outside the Parcel using non tearable materials or Parcel itself. 

    18. “Vendor” should communicate with every department, on official Ticket or Comment within the “System” www.puryau.com

    19. The parties “Vendor” & “Puryau”  shall coordinate at all levels to ensure the smooth operations of issues herein agreed and bring to one another’s attention issues that might require discussion/revision.     

    20. “Vendor” is responsible for placing orders before dispatching from the warehouse of “Vendor” . If “Vendor” doesn’t place order at time of dispatch or no information is written in the package that identifies the package belongs to “Vendor” , “Vendor” is self responsible for the loss.

    21. “Vendor” must sign on  the pickup sheet / app  provided by the “Delivery Personnel”  of  “Puryau” in case of no signature vendor should strictly check if all the item is marked among the following status “SORT-CENTER” or ASSIGNER / DELIVERING / DISPATCHED / COMPLETED / REJECTED , within 24 hours of dispatch from warehouse of “Vendor” If the “Vendor” doesn’t fulfill both term “Puryau” will not be responsible for loss of the item.

    22. “Vendor” understand that the order sent to us which is out of service area of “Puryau” will be marked as “REJECTED”. 

    23. “Vendor” should send a list of items printed or written clearly along with the item when “Delivery Personnel” comes for pickup.  This should contain the name of the “Vendor”, Location , Phone number , number and type of items.

 

  1. FINANCIAL TRANSACTION AND SETTLEMENT

    1. “COD” entered in the website will be taken by the  “Delivery Personnel” and the same amount will be paid back to the “Vendor” .  If “Vendor” mentions COD in order but customer doesn’t pay back or inform already paid, “Puryau” will not hand over the item to customer or receiver of the parcel and item will be marked as REJECTED. 

    2. Service Provider declares and undertakes that it shall at its own expense obtain and maintain insurance policies if required to provide insurance coverage for the cash collected on behalf of the Merchant from the Customers (Cash Collection Insurance Policy.

    3. If the “Vendor” dispatches the parcel  from the warehouse of the vendor without mentioning the COD on the package as well as on the website or mentioning t\he COD on the single platform only. But later if the vendor demands for the amount of the item to be taken from the customer,  “Puryau” will be be on an obligation to pay “COD to “Vendor” 

    4. Dealing with “COD” is a very critical job. In case of change in “COD” , the  “Vendor” must  create a ticket from “Vendor” ‘s  own account to request the change. If the “ “Delivery Personnel”” is delivering the item, “Puryau” will not handle  immediate request of COD change. “Vendor” understands that “Puryau”  need to verify multiple channels to change the “COD” of the item. In this case the  “Delivery Personnel” can REJECT a parcel and the vendor should place a new order for delivery of the same parcel the next time. 

    5. The “Vendor” should open a bank account in any of the A Class banks or Khalti that provide eBanking services in order to withdraw the transaction value. The details of the bank account shall be as mentioned in the Banking information request form in the “Wallet” section of the user account for the first time.

    6. If any Transaction data is required to the “Vendor”, “Puryau” shall make easily available upon the written request on puryaufinance@gmailcom and not limited to the violation of the internal policies of “Puryau”. 

    7. The “Vendor” agrees to pay all the additional tax , VAT (13%), fees or charges of any nature whatsoever imposed by Nepal Government, or measured by, to the “Vendor”. 

    8. “Puryau” will pay Tax / Vat for the Delivery charge taken from “Vendor”  to the Government of Nepal.  All the other tax for COD should be paid by “Vendor” itself.

    9. “Puryau” works as bridge to deliver items and collect cash on behalf of  “Vendor” which will be deposited on different financial institutions of “Puryau”. The payment will be transferred to “Vendor” account as per the schedule.  “Puryau” will not be liable to pay tax rather “Vendor” itself will be liable for Tax / Vat  for any payment deposited on account of “Puryau” which is deposited on behalf of “Vendor” .  

    10. Both Parties Financial reconciliation will be done after “Payment Request” from the “Wallet”                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          of “Puryau”  on www.puryau.com , payment request on social media or phone calls won’t be considered as official payment request, “Puryau” is not responsible for such unofficial requests. Mode of payment can be defined as per the convenience of the accounts department of 1st and 2nd parties.

    11. “Puryau” only handles order for COD below 10,000. Items with COD above 10,000 should be shipped with “Vendor” ‘s own risk and “Puryau” doesn’t provide insurance for such items. Special agreement should be requested if  “Vendor” want’s insurance of such item from “Puryau”  

    12. Reconciliation of Cash on delivery amount, freight charges, deliveries and returns would happen at the end of every delivery placed and no objection certificate would be signed off for better accounting procedure. 

    13. “Vendor” must sign and send a written agreement to the office before the first payment. 

    14. If “Vendor” is working as “Business” payment will be sent to “Vendor” Business account, If “Vendor”  is working as individual payment will be loaded to personal account or Khalti Wallet Only.

    15. “Vendor” cannot request payment below Nepali Rupees 5,000 from the system, chat or phone. Such payment should be collected in cash from the office once a week. 

    16. Any Kind of changes to COD or Fare will not be possible if order is in following status: ASSIGNED / DELIVERING / DISPATCHED / COMPLETED / REJECTED . Any damage to “Vendor” that might be caused due to change in COD is the sole responsibility of “Vendor”.

    17. Amount shown in your wallet is not the final amount, the wallet might be error due to change in COD, delivery charge and other issues. We will provide a statement in case of confusion, though the wallet amount might increase or decrease after the final calculation which will be the final amount.

    18. Return of money will be done as per the quotation and “System” www.puryau.com . "Puryau" might request for more time for return depending upon the COVID-19, Political or any condition that might affect any branches of “Puryau”.

    19. Payment of “COD” to the vendor will be made on the basis of the queue.  

    20. “Puryau”  won’t bargain with the receiver for the “COD”  amount, if the receiver bargains for the “COD” discount and we can't convince them for the same amount Item will be marked Rejected.

 

  1. DELIVERY

    1. “Vendor” understands that “Puryau” works on basis of its system under www.puryau.com any order sent to “Puryau” without placing order will not be dispatched for delivery until the order is placed. 

    2. Orders placed before 11 AM and dispatched before 12 AM should be delivered by “Puryau” within the same day for Inter-City orders. In case of failure of delivery “Puryau” will inform customer about the delivery and will be delivered the next day. 


 

  1. FRAUD’S

    1. In case of identification or complaints from receiver about the Fraud item “Puryau” will inform the vendor to handle the matter. If settlement is not done within 48 Hours “Puryau” will use vendor wallet to refund the whole amount to the receiver of the parcel for the safety of  “Delivery Personnel”s and branches of “Puryau”.  “Puryau” shall not be liable for such fraud committed.  

 

  1. PROMOTION

    1. The “Vendor” agrees to place the Puryau’s logo on the payment page of the website or social media, and promote “Puryau'' as its Logistics partner.

    2. “Puryau” agrees to promote Product of the  “Vendor” through “Puryau":  Platform (Web and Mobile App).

    3. “Puryau” agrees to place the “Vendor” logo on the website, and promote “Vendor” as its partner.

 

  1. ASSIGNMENT AND SUBCONTRACTING:

  2. Either Party shall not assign this Agreement or any of its rights and obligations hereunder, without the prior written consent of the other Party or any such attempted assignment shall be null and void.

  3. This Agreement is and shall be binding upon and inure to the benefit of both Parties and their respective legal representatives, successors and permitted assigns with respect to all covenants herein.

  4. The Service Provider shall be entitled to sub-contract either whole or part of Service Provider’s obligations or performances under this Agreement to any one or more third party(ies)

 

  1. PUBLICITY:

    1. Service Provider shall be entitled to make public disclosure without obtaining the prior written consent of the Merchant regarding the execution of this Agreement and from time to time regarding the ongoing business relationship between Service Provider and Merchant. Void of this agreement is by “Vendor”, the “Vendor”  should be liable as per the data policy of “Puryau”. 

 

  1. COMPLIANCE WITH LAWS

    1. Each Party hereto agrees that it shall comply with all applicable local laws, ordinances and codes in performing its obligations hereunder. If at any time during the Term of this Agreement, a Party is informed or information comes to its attention that it is or may be in violation of any law, ordinance, regulation, or code (or if it is so decreed or adjudged by any court, tribunal or other authority having competent jurisdiction), that Party shall immediately take all appropriate steps to remedy such violation and comply with such law, regulation, ordinance or code in all respects. Further, each Party shall establish and maintain all proper records (particularly, but without limitation, accounting records) required by any law, code of practice or corporate policy applicable to it from time to time.

 

  1. CONFIDENTIALITY

    1. Both Parties shall keep confidential (and to ensure that its officers, employees, agents, affiliates and professional and other advisers keep confidential) any Confidential Information. Both Parties shall not, and shall procure that none of their directors, officers, employees, agents, affiliates or professional advisers shall not, use Confidential Information for any purpose other than for the provision of Delivery Services and for performance under this Agreement.

    2. Exceptions from Confidentiality Obligations: 

The obligation of confidentiality under this Clause 11 does not apply to:

  1. Information which is independently developed by  a Party or acquired from a third party to the extent that it is acquired otherwise than as a result of a breach of this Clause and with the right to disclose the same;

  2. The disclosure of information to the extent required to be disclosed by any applicable law, any governmental authority to whose rules, orders or decrees a Party is subject, any stock exchange rule or regulation or any binding judgment, order, rule or requirement of any court, arbitral tribunal or other competent authority;

  3. The disclosure (subject to Clause 10.3) in confidence to the  a Party’s officers, employees or agents of information required to be disclosed for a purpose incidental to the Agreement;

  4. Information which comes within the public domain (otherwise than as a result of a breach of this Clause 11). 

  1. Employees, Agents and Advisers or any other persons: 

    1. Both Parties shall inform any officer, employee or agent or any professional or other adviser advising it in relation to the matters referred to in the Agreement, or to whom it provides Confidential Information, that such information is confidential and shall instruct them to keep it confidential; and not to disclose it to any third party (other than those persons to whom it has already been disclosed in accordance with the terms of the Agreement).

    2. Any breach of this Clause by any person to whom such Information was disclosed will be considered as breach of this Clause by the Party which disclosed the Confidential Information to the concerned person. 

  2. Return of Confidential Information

If the Agreement terminates, the disclosing Party may by notice require the recipient Party to promptly return all Confidential Information. 

  1. Return all documents containing Confidential Information which have been provided by or on behalf of the Party demanding the return of Confidential Information; and

  2. Destroy any copies of such documents and any document containing or made from or with reference to the Confidential Information and take all reasonable steps to expunge all Confidential Information from any computer, word processor or other device containing Confidential Information.

 

  1. WORKING WITH THE  “DELIVERY PERSONNEL” / EMPLOYEE

    1.  “Delivery Personnel”s carry the “Parcel” provided by the office or the “Vendor”. They might be in communication with different parties.  “Delivery Personnel” is the property of the company. “Vendor” or the “ “Delivery Personnel”” cannot approach each other to work directly. If, any proof of such request is found via any means with proof “Vendor” should bear fine of Nepali Rupees 1,50,000 ( One Lakhs Fifty Thousand ) and if found proof of working directly with the  “Delivery Personnel” who works at “Puryau”  or before 6 month the  “Delivery Personnel” left the Job at “Puryau” the “Vendor” should pay fine of Nepali Rupees 25,0000 ( Two lakhs Fifty Thousand ) Per  “Delivery Personnel”. 

    2.  “Delivery Personnel” phone number will be provided at “Puryau” System www.purya.com for better communication with  “Delivery Personnel”.  “Delivery Personnel” may or may not pick up the phone which is the sole will and authority of  “Delivery Personnel” nor “Puryau” Nor “Vendor” can force the  “Delivery Personnel” to pick up the phone. 

    3. “Vendors” cannot put any pressure on  “Delivery Personnel”s beyond the policy of the company. Vendors can request the  “Delivery Personnel” for better, customized or faster service but cannot call a single  “Delivery Personnel” more that 5 times a day , if  “Delivery Personnel” complains for more than 5 calls in a day which creates pressure on  “Delivery Personnel” and if proven hamper in other business deliveries “Puryau” holds the right to stop taking orders from “Vendor” at any time.


 

  1.  COMMUNICATION

    1. The official means of communication is Ticket, or comment on order placed on www.puryau.com system . Every queries should be addressed from ticket or comment. Phone calls are only used for communication that www.puryau.com system cannot handle.  Telecommunication / Social media message is a secondary means of communication and is treated as secondary means of communication and any “Vendor” cannot call the office or employee of “Puryau” more than 10 times a day or once the phone is not picked. “Puryau” holds the right to reject or ignore the calls of such “Vendor” if identified as toxic, understanding the reason, condition and cause of the call. 

    2. During the communication we expect very professional communication.  Any vendor found using the uneven terms with anyone who belongs to “Puryau” will be will be taken strict action.  Delivery of such “Vendor” will be halted  immediately and handwritten letters of apology along with person carrying government ID, Photo of Government ID, should be provided to “Puryau” to start delivery, returns and payment of the “Vendor”.  Understanding the nature “Puryau” can take legal action with the help of Government of Nepal. 

    3. Support hour for 10 AM to 6 PM in the evening. Support hours are subject to be changed. “Vendor” can call the phone number listed in the website during this time. Calls in personal numbers are strictly restricted.

    4. “Puryau” works on ticket. Any issue faced by a customer should be handled by using a ticket.  “Puryau” is not responsible for the call back until the ticket is created as per the terms and condition of “Puryau” . 

 

  1. BASIS & INSPECTION

    1. It is expressly understood by and between the Parties that all Products agreed to be delivered by Puryau are on “SAID TO CONTAIN BASIS'' i.e. Puryau will be under no obligation and is not expected to verify the description and contents of the products declared by the “Vendor” on the docket and as such, the “Vendor”  shall undertake and ensure to make proper, true, fair, correct and factual declaration on the docket regarding description and value of products. Further,  ”Puryau” is not responsible in any way whatsoever for the ability of the Product.

    2. “Puryau” delivers items which is allowed by the law of Government of Nepal. Any items provided by a vendor which is against the government of Nepal is the liability of  “Vendor” . If “Puryau” Identifies  of such items “Puryau” will immediately inform the issue to related department of Government of Nepal. The items dispatched by the “Vendor” to “Puryau” should be legally transportable items and Puryau is not liable to check the packed items.

    3. The “Vendor” shall ensure that the packaging of the Products is safe, proper and adequate to withstand the normal transportation and environmental hazards and in compliance with applicable laws.  “Puryau” shall not be liable or responsible for any loss or damages to the Merchant if the Merchant is not in strict compliance with this clause. Parcel sent to us for delivery should contain the following information written : Your Business Name, Your Location, Your Phone number, Item inside Parcel, Parcel cost, Parcel receiver Location,  Parcel receiver Phone number, Necessary remarks if needed with a label (No paper) that won’t drop off easily while handling the parcel with  provide the proper shipping details of the recipient.  

    4. Receiver’s contact number should be the same in “Parcel”  and Puryau.com website. If the phone number doesn’t match  and item is not identifiable the item won’t be dispatched from SORT-CENTER of “Puryau” and no information can be given to “Vendor” in case of identity Problem. If “Vendor” contact details are written in “Parcel” information of such “Parcel” will be given within 24 hours.  

 

  1. RETURNS

    1. Returns will be sent back to “Vendor” within 15 days not limiting to a fixed date  after “Parcel” is  Rejected  for the Intra city orders. “Puryau” might request for more time depending the situation of the any city, transport , airlines , environmental or political condition. 

    2. Return will be sent back to “Vendor”  within 7 days for the inter city orders. 

    3. Return will be delivered free if the “Vendor” has another pickup. If the vendor has no pickup,  vendor should collect the return from “Puryau” office or place new order for return of the “Parcel” 

    4. If “Vendor” wants to  return within the specific or fixed time a new order should be placed.

 

  1. LIMITATION OF LIABILITY

    1. UNDER NO CIRCUMSTANCES WILL SERVICE PROVIDER, DELIVERY PERSONNEL OR ANY DIRECTOR, OFFICER, EMPLOYEE, AGENT OR CONTRACTOR OF SERVICE PROVIDER BE LIABLE TO THE MERCHANT FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY LOSSES OR DAMAGES ARISING FROM THE AGREEMENT, UNDER TORT, COMMON LAW OR UNDER PUBLIC POLICY, EVEN IF MERCHANT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS AND BE LIABLE FOR ANY LOSS OF DATA OR ANY INTERRUPTION OF ANY MERCHANT PROPERTY DUE TO ANY CAUSE.

 

  1.  REVERSE PICKUP / EXCHANGE ORDERS

    1. In the case of EXCHANGE of any order,  Vendor has to place a new order through our website or mobile app. Vendor should inform their concerned Customer to mention Vendor’s full information (such as Vendor's name , contact number and location...) on the exchange package. For assurance of correct packaging of order, Vendor should request their customer to send the picture of the package.  The picture may be requested by Puryau in case the package has been misplaced or lost.

    2. If the above mentioned information  (such as Vendor's name , contact number and location...) is not mentioned on the package of Exchange order, It will be the sole responsibility of the Vendor if the order has been misplaced or lost. If Vendor requests for refund of the Exchange order, the Vendor has to provide Puryau the picture sent by the concerned customer.

    3. If the Exchange order does not have the information mentioned in the package Puryau will recognize it as an unidentified order. It has to be identified by vendor itself  by visiting the “Puryau” office.

    4. Liability for Reverse Pickups: Notwithstanding anything contrary contained in this Agreement, the maximum liability of the Service Provider and the sole and exclusive remedy of the “ for the damage or loss or theft or misappropriation of any Product or cash caused solely due to gross negligence and willful misconduct of Service Provider shall be limited to 

    5. For products which are not insured by the “Puryau”  by making the Merchant a beneficiary, the maximum liability is limited in accordance to “REFUND” Policy as which is up to  Rs.1500/- or 60% of invoice value of the product whichever is lower, provided such claim is raised via official ticket of www.puryau.com by  the “Vendor” itself. Phone calls or social media communication will not be considered as a claim. Claim should be done within 10 days from the date of such damage or loss or theft not crossing 15 days of dispatch from “Vendor”’s warehouse. The invoice value shall be included by the Merchant along with the weight of the product in the manifest shared with the service provider.  In cases where the service provider fails to provide the value of the reverse pickup product in the manifest shared with the service provider, the maximum liability of the service provider shall be Rs. 200 or 60% of the product value, whichever is lower. All claims must be notified to the Service Provider in writing within 15 days from the date of acceptance of the shipment, failing which the merchant forfeits and waves its rights for such claim.

    6. “Puryau” may request of the Merchant, issue Loss/Damage/Shortage certificate (Certificate of Facts or COF) for the amount in excess of the liability borne by the “Puryau”  on the request of the “Vendor”. 

    7. Notwithstanding anything contrary contained in this Agreement and save as provided in Clause 13.1, for the Products and cash services which are insured by the Service Provider on payment of the Insurance charges as specified this agreement, the liability of the “Puryau”  will be the minimum of the actual value of the Product or the liability limit as per this agreement.

    8. Save as otherwise provided in this Agreement with respect to the limitation of liability due to the loss or damage or theft or misappropriation of the Product or cash, the total aggregate liability of the “Puryau” whether under contract, tort or otherwise in relation to any other breach of this Agreement shall be limited to the Fees paid by the “Vendor”  to the “Puryau” during the preceding six (6) months from the date of the cause of action leading to the breach.

    9. If an item is an exchange order, it should be clearly mentioned on the website. If not mentioned we will / might only deliver one item and the next item won’t be delivered back to the customer's store. “Vendor” should create a new order to pick up the exchange “Parcel” from the customer's location to return back the item.

    10. Exchange order “Parcels” will be treated as “Returns” and will be returned back to “Vendor” as per “Return” policy. 

 

  1. PICKUP 

    1. No Pickup cost for Business who work regularly after agreement. Pickup cost will be charged for home users.

    2. We Pickup items inside the ring road and 2 KM outside the ring road.  Pickups beside 2 KM of the ring road are subject to be done by special request.  

    3. We also picked up a single package inside the ring road. Single package pickup for outside ring road are subjected to be extra charged as per the latest quotation.

    4. If the “Parcel”  should be picked up from another courier company, details of the courier should be written clearly including location, alternative number and consignee for pickup .

 

  1. DATA ENTRY

    1. Puryau may retain any data that you provide in the course of using the Website or mobile app and will do so in accordance. You acknowledge that Puryau may delete this data at any time. You acknowledge that you are solely responsible for maintaining a back-up copy of such data and that Puryau will not be responsible for its loss or deletion.

 

  1. FORCE MAJEURE 

    1. The term Force Majeure as employed herein shall mean any unforeseen event beyond the control of either parties and which neither party is able to overcome, that hinders, either temporarily or definitely, the performance of obligations under the Agreement and may justify the postponement, interruption or termination of such Agreement. If at any time during the course of this Agreement it shall become impossible for any party to perform any of its obligations for reason of Force Majeure, that party shall notify the other party of the existence of such Force Majeure within 14 days of its appearance, whereupon both parties will be relieved from such obligations and reciprocal obligations. The party to which notice is given shall have the possibility to dispute the existence and/or applicability of Force Majeure in the conditions set forth in section “Settlement of Disputes”.


 

  1. RE-DISPATCH

    1. You should create a new order for the Re-Dispatch of the item from the office. 

    2. New order should contain Remarks / Comment from your user account  with information which Return-Warehouse order should be dispatched.

    3.  “Puryau” can take upto 24 working hours to redispatch the item to SORT-CENTER which will then be dispatched for delivery.

    4. Re- Dispatch is possible when the item is at the same branch and should be done within the same branch. 

    5. Re-Dispatch is not possible within multiple branches.  Re dispatch of items should be informed in the office via ticket for faster service. 

    6. Re-Packaging details should be clearly written in remarks / comments of the new order.

    7. Re-Dispatch will be done with a new package / sticker and effort which will be charged Rs 25 Per Re-Dispatch. 

 

  1. RESERVATION

    1. Puryau holds the reservation rights to fix the service rate and all prices listed are subject to change at any time with notice on