Terms & Conditions
The Document is covered under "The Carriage by Road Act, 2007" & rules made there under. All conditions mentioned under and on the front of consignment note are integral part of this contract.
1. Work Rules (No liability of CARRIER but liability of CLIENT)
CARRIER is NOT in providing any services including transportation/ storage/ handling for any of the following mater and NO person is authorized in accepting/ the same on behalf of the company. There will not be any liability of CARRIER for the same. The CLIENT hereby indemnifies the CARRIER for any losses/calim in case of the following material. a. Dangerous and Hazardous goods , Precious cargo like Gold, Silver, Bullion, Shares certificates etc., Live stock, Live ammunition etc.
b. Material without proper transit documents and/or an contraband/illegal material.
c. Material NOT insured comprehensively through recognized underwriters by CLIENT or through CARRIER under Section 11 of the Act.
No person is authorized to accept additional/more liability on behalf of the company other than provided in the terms and condition printed herein. No person is authorized to after/modify/overwrite/cut any term and conditions printed on the consignment note.
2. Liability Rules:
A. No liability of CARRIER: The CARRIER will not be liable for any losses, not withstanding
w h e t h e r t h e m a t e r i a l i s b o o k e d u n d e r S e c t i o n 1 0 o r S e c t i o n 11
for the Following:
a. CARRIER will not be liable for the protection provided under the Act, such as misrepresentation of the facts or under the Section 17 of the CARRIER Act 2007 such as, for losses arising out of the Act of God, Act of war or public enemy, riots and civil comotion, arrest of restraint or selzure under legal process, order or restriction or prohibition imposed by the Govt. agency. b. CARRIER will not be liable of any consequential losses.
c. CARRIER will not be liable for any inadequate paqcking or inherent vices in the goods booked. d. CARRIER will not be liable for any losses arising out of the Force Majeure Conditions.
e. CARRIER will not be liable for any claim/ Losses to any personal not provided by CARRIER.
f. CARRIER will not be responsible / liable for services provided by other Carriers/Vendors in case CARRIER is providing services as agent / forwarders of those Carriers/Vendors.
g. There will not be any liability of the CARRIER for any reason whatsoever other than those explicitly defined in the following clauses.
B. Limited Liability for the material booked under the Section 10.
CARRIER undertakes to take all practical and prevalent reasonable care for the cargo but its is limited for reason attributed to CARRIER to be as under.
a. For Loss/Damage of material ten times the pro rata freight charges of the material lost/damaged. b. Loss due to any error/handling/losses of documents/forms/tax permits etc. Rs. 500/- per case/incident. c. Loss due to Delay in transit for ordinary consignment 0.5% of freight per day consignment subject to maximum of 100% and after taking average transit time of 100kmper day excluding loading & unloading days.
C Liability under Section 11(Insurance charges payable to the CARRIER)
a. All material will be deemed to be booked under Section 10 unless the CLIENT have expressly desired in writing before booking of the material to be booked under Section 11 and the same has been duly recorded on the consignment note along with extra charges.
b. If the material is insured by any underwriter other than the CARRIER, then the material shall be deemed to be booked under Section10 for limited liability for the risk covered/premium charged by the said underwriter notwithstanding contrary instruction/conditions on Goods Forwarding Note/ Consignment Note/ Contract
with the CLIENT.
c. In case the CLIENT wishes to book its material under Section 11, then the CLIENT have to take insurance policy through CARRIER for loss/damage to the material or losses due to delay by paying the premium of the same in advance to CARRIER and policy should be issued before the execution of the services.
d. The rates for the loss/damage of material are 1% of declared value of goods for each transaction /document/consignment note. The liability of CARRIER is limited up to the pro-rata declared value of the goods loss/damage or up to the replaceable
value which ever is less.
e. In case the client wish to take the policy for the confirmed delivery than the premium for the same will be additional 100% of the consignment freight. In that case the Loss due to Delay in transit will be payable as 5% of freight per day per consignment subject to maximum of 200% of freight amount, and after taking average transit time of 200km per day excluding loading & unloading days
3. Safety, Lien & System:
a. The CLIENT should provide good working environment & conditions, security and safety to all persons/ equipment provided by CARRIER at its site. CLIENT should follow reasonable security and safety procedure. For working at its site. CLIENT should provide all proper safety grar/equipment/slings/tools to CARRIER personals for proper and safe execution. b. The CLIENT does not and/or will not have any lien on any material/equipments/vehcles of CARRIER and/ or supplied by CARRIER though its agent/vendor for any reason whatsoever. CARRIER has absolute
right at sole discretion/pleasure to withdraw / take away / change the equipments/ vehicles/material and/or any personals provided to CLIENT.
c. CARRIER has the absolute right at its discretion as it seems fit to use any mode /route/ equipments/ personals/ hub/ warehouses/procedures and/or any combination to provide transportation/logistics services. The CARRIER has the absolute right to use any agents/outsource agency/ sub-contractor for full and/or part of the service to be provided. 4. Payment
a. All the charges for any service to be provided are payable in advance and /or before delivery of material unless specified otherwise. The charges have to be paid immediately on presentation /issue of consignment note /invoice / bill for the same, payable at the Head Office of the CARRIER and/or any other place agreed.
b. In case of any credit the sam has to be agreed in writing in advance and in that case also, any payment will be strictly adjusted on first bill in-first bill out basis.
c. For any overdue payment 1% per week carry forward/penal interest will be charged and becomes payable along with the due payment. CARRIER may ask for advance payment if the credit exceeds the credit limit as per the discretion of CARRIER. d. No payment can be withheld / stopped for any reason whatsoever. Also CARRIER reserves the right to stop te work/Services any time and reserves the right to stop the work/Services any time and charges lien on the material under it’s control / subsequently coming under its control for any delyed payments.
e. All payment should be made only though A/c Payee', DD/Cheque/Pay Order/ECS etc. directly in favour of CARRIER. No person of CARRIER is authorized to accept any cash payments for freight amount greater than 2500/-
5. Charges:
a.The detention shall be charged after 6 hours @LCV Rs 1500/Day, MCV Rs 2000/Day, HCV Rs 2500/Day, Trailor Rs 3000/Day , Low Bed Trailor Rs 5000/ Day .
b.Demmurage shall be charged after 15 Days of Booking @ 0.10 paiseper KG/Day
c. Document Charges shall be Rs 200 per C.N.
6. E-Communication:
a. All communication by email/electronic media including billing/proof of deliver/ work order /rate confirmation/consignment note etc. will be considered proper and sufficient by either party i.e. CARRIER and CLIENT unless otherwise specified
. 7. Claim
a. All claims should be notified at Head Office of CARRIER at Delhi immediately on coming of knowledge. Also a formal written claim with all proof should be lodged within 30 days and proper receipt should be taken of the same. No Claim will be entertained after 30 days of the incident.
b. The CARRIER undertake to pay the claim if any/ and as per the applicability as defined in the above liability rules after due verification within 180 days of CLIENT lodging the claim.
8. Jurisdiction.
a. All disputes will be referred to the arbitrator appointed with mutual consent with CLIENT and CARRIER at Delhi only whose decision will be binding on both CLIENT and CARRIER.
b. For all matters the jurisdiction lies in the Courts of Delhi only