TERMS AND CONDITIONS
THE WAYBILL
1.1. The CARRIER Waybill is non-negotiable and the shipper acknowledges that it has been prepared by the shipper or by CARRIER on behalf of the Shipper
1.2. The responsibility of CARRIER for a shipment accepted under a Waybill ceases when the consignee acknowledges the receipt of the shipment by affixing his signature sit the Return to Origin copy and/or the delivery sheet.
1.3. All shipments under the Waybill are carried at Owner's risk
SHIPPERS OBLIGATION AND ACKNOWLEDGEMENT
2.1. By tendering materials for shipments via CARRIER it is deemed that the shipper agrees to the terms and conditions staled herein
2.2. The Shipper warrants that he is the owner or the authorised agent of the owner of the goods transported hereunder and that the shipper hereby accepted CARRIER terms and conditions for self and/or as an agent for and/or behalf of any other person having any interest in the shipment,
2.3. The shipper warranty that each article in the shipment is properly described on this Waybill and does not contravene the provisions of the Indian Post Office Act or any other law for the time being in force and has not been declared by CARRIER to be unacceptable for transport as specified under Section 12 below and that the shipment is property marked and addressed and packed to ensure safe handling. The shipper also accepts that the shipper or consignee can be contacted by CARRIER for the purpose of feedback or any query related is the shipments sent by the shipper. The shipper indemnifies CARRIER against any claim or liability related to this
2.4. The shipper shall be solely liable for all costs and expenses (which shall without limitations include GST taxes and import duties) related to the shipments and for costs incurred either in returning the shipment to the shipper or warehousing the shipment pending such return.
2.5. The Shipper accepts the condition that the shipment is being carried by CARRIER from point of rendering only upto the address shown on this Waybill and in case this shipment has to be rerouted redirected retuned for any reason whatsoever, the shipper shall pay in advance all charges levied by CARRIER for such rerouting/return as per the normal schedule of CARRIER as also any GST, custom duties, warehousing charge, height charges State Local Taxes and import duties etc, applicable thereon, CARRIER will hold such shipments ad Destination mentioned on the Waybill for the maximum period of 10 days from the date of shipment. Thereafter, CARRIER reserves the right to destroy the shipment without informing the shipper and the shipper shall indemnify CARRIER against any claim or liability.
2.6 GST (Goods & Service Tax) E-way bill is an electronic way bill for movement of goods which Government is planning to introduce to generate from GSTN (common portal) The Shipper should ensure compliance as prescribed under GST based on consignment value with effective date of roll out by Government, Any non-compliance in generation of E-way bill by Shipper may result in delay in in delivery/non-delivery of shipments booked
2.7 GST Shall mean any of the Central Goods and Service Tax Act (CGST) or Integrated Goods and Service Tax Act IGST Act or State Goods and Service Tax Act (SGST Act) Union Territory Goods and Service Tax Act (UTGST Ac) as may be applicable including Rules/amendment notified thereunder from time to time.
2.8. Packing of the material rendered for the shipment is the responsibility of the shipper including placement of such materials inside the containers supplied by CARRIER, if any, notwithstanding anything else in these terms and conditions
2.9. Shipper/Consignor will ensure to generate waybill with accurate information/furnish accurate shipping data is generate waybill for carriage of Shipments by CARRIER and will support to provide such further details as may be required by any Government Authorities in this regard. Shipper/Consignor further undertakes to indemnify CARRIER at the event of any penalty, tax liability imposed by the Statutory Authority or any damages/loss suffered by CARRIER attributed due to breach of any obligations ty Shippee Consignor in respect of generation of E-Waybill or for furnishing incorrect/inaccurate data/non-compliance under the Provisions of GST Acts/Rules as may be applicable
3 CARRIER RIGHT OF INSPECTION OF SHIPMENT
3.1 CARRIER has the right but not the obligation to open and or inspect the shipment
3.2 . CARRIER reserves the right to refuse shipments for not conforming to these terms and conditions without signing any reasons whatsoever
INSURANCE
4.1. While CARRIER has developed a sophisticated tracking system for all shipments carried in its network and has experienced manpower to handle all shipments, THE SHIPPER may, if he so desires to insure, he shipments at his own costs.
4.2. CARRIER can arrange Insurance of shipment on behalf of the shipper for the declared value of goods in respect of loss of or physical damage to such shipments. CARRIER shall be only response for the administrative facilitation and arrangement of the Insurance policy. The said policy will be subject to the following terms and conditions
I. Shipper shall pay Freight on Value to CARRIER which will include applicable premium on the declared value and service charges of CARRIER
II. Shipments Insurance does not cover any indirect loss or damage, or boss or damages caused on account of any delays in delivery of shipments
III. Loss or damage to the shipment shall be notified by the shipper/consignee to CARRIER immediately. The settlement of the clam shall be as per the assessment by the Surveyor appointed by the Insurance Company and shall be binding on the Shipper. Any difference between the amount claimed by the shipper and the actual settlement shall be borne by the Shipper and CARRIER will not be held liable under any circumstances
IV. Notwithstanding anything slated hereinabove no claim shall be entertained under the Insurance Arrangement, if freight together with FOV charges are not paid by shipper/consignee to CARRIER .
5.TAXES
All taxes such as GST, custom duties, warehousing charges, height charges and other statutory payments levied on the shipments are to be borne by the Consignee and in his absence the same will be borne by the SHIPPER CARRIER will not extend any credit for GST, custom cuties, port charges are not paid by the shipper/consignee KOOLIЕ warehousing charges, Freight charges and other statutory charges
6.CHARGEABLE WEIGHT
6.1 Every shipment shall be charged by its chargeable weight as defined under and not the actual weight. The charge weights shall the higher of (a) the actual weight rounded off to the next higher half kg as per the rate category agreed to or (b) the volume weights in above
6.2 Rates will be charged on the basis of dimensional weight or actual weight whichever is higher. For shipments booked under Surface Network dimensional weight will be calculated as follows:
1 Cubic Foot (10 kg (Let measurement of the package)
Cu.ft= 30 cm x 30cm x 30cm/27000
LIEN ON GOODS SHIPPED
7.1. THE SHIPPER acknowledges CARRIER 's right of lien on its shipment for any outstanding freight any other applicable charges. Central, State and local taxes, duties, levies advances arising out transportation and warehousing services, whether pertaining to past or present outstanding, in respect of any or all shipments carried under this Contract and may refuse to surrender possession of the shipment until all such charges are paid.
7.2. Further, if charges are not paid to CARRIER within 10 days, then CARRIER may store the goods at the defaulting SHIPPER’s/CONSIGNEE’s own risk, including the warehousing charges and demurrage accruing thereon.
7.3. CARRIER further reserves its right to sell the goods by public auction, tender, private agreement or otherwise or even destroy goods without prejudice to CARRIER ’s other legal remedies to recover its costs, charges and expenses, if the changes as indicated aforesaid are paid by SHIPPER/CONSIGNEE within 10 days.
7.4. CARRIER does not carry any perishable goods. However, in case of perishable goods, CARRIER shall have the right to dispose of/sell the goods immediately and without any notice and the shipper shall keep CARRIER indemnified against all claims, charges and expenses incurred by CARRIER due to such perishable goods entering into the network of CARRIER.
LIMITATION OF LIABILITY
8.1 WITHOUT PREJUDICE TO SECTION 9 AND 10, THE LIABILITY OF CARRIER FOR ANY LOSS OR DAMAGE TO THE SHIPMENT (WHICH TERM SHALL INCLUDE ALLDOCUMENTS OR PARCELS CONSIGNED THROUGH CARRIER ) SHALL BE THE LOWEST OF (A)RS 5000/- OR (B) OF THE AMOUNT OF LOSS OR DAMAGE TO THE DOCUMENT OR PARCEL ACTUALLY SUSTAINED FOR SHIPMENTS WHICH ARE NOT INSURED AS MENTIONED BELOW and the actual value of the document or parcel so determined will be without regard the commercial utility or special value to the shipper
1.The actual value of the document or parcel shall be ascertained by reference to it’s cost of preparation or replacement/reconstruction value at the time and place of shipment but under no circumstances shall exceed Rs.5,000/-
2. The actual value of a parcel (which term shall include any item of commercial value which is transported hereunder) shall be ascertained by reference to its cost by repair or replacement/resale or fair market value not exceeding the original cost of the actually paid by the shipper subject to and within overall limit of Rs 5000/-
8.2. In the event of any loss or damage to shipment, which are insured by the shipper, CARRIER may at the request of the SHIPPER, issue loss/damage/shortage Certificate with the sole purpose of enabling the SHIPPER to lodge insurance claim with its insurance Company. The SHIPPER agrees and acknowledges that the loss/shortage/damage Certificate will be issued by CARRIER, without the admission of any claim, and that CARRIER shall be discharged of all the liabilities.
8.3. In case of services such as DOD/FOD etc. offered by CARRIER. CARRIER will not be held liable for any civil and/or criminal proceeding as regards any contractual obligations and payment terms between the Shipper and the consignee. In the event of any default in payment on the part of consignee the shipper will not hold CARRIER responsible for the same in any manner whatsoever CARRIER merely caries be instrument under the authorisation conferred by the Shipper and cannot be challenged by the Shipper for the authenticity of such payment made
CONSEQUENTIAL DAMAGES EXCLUDED
CARRIER SHALL NOT BE LIABLE IN ANY EVENT FOR ANY CONSEQUENTIAL OR SPECIAL DAMAGES OR OTHER DIRECT OR INDIRECT LOSS. HOWSOEVER ARISING WHETHER OR NOT CARRIER HAS KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, PROFITS INTEREST, UTILITY OR LOSIS OF MARKET
10. LIABILITIES NOT ASSUMED
10.1 In particular, CARRIER will not be liable for any damage to the shipment or a delay in picking up or delivering shipment
Due to acts of God, force majeure occurrence of any cause reasonably beyond the control of CARRIER or loss or damage caused through strikes, riots, political and other disturbances such as fire, accident of the vehicle carrying the goods, explosions beyond the control for the goods that are carried by CARRIER
(b) caused by
The act, fault or omission/commission of any act of the shipper! the consignee of any other party claiming an interest in the shipment including-
violation of any terms or conditions thereof any other person
Carriers such as Airlines or Airways not adhering to schedule for any reason whatsoever
Government officials in discharge of the official duties such as C/GST Inspection etc
The nature of the shipment or any defective characteristics or inherent vice therein
Electrical or magnetic injury, erasure or other such damages to Photographic images or recording in any firm.
10.2 Notwithstanding what is stated above, whilst CARRIER will endeavour to exercise its best efforts to provide expeditious delivery in accordance with its regular delivery, CARRIER WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR DELAY IN PICK UP TRANSPORTATION OR DELIVERY
OF ANY SHIPMENT REGARDLESS OF CAUSE OF SUCH DELAYS
10.3 No liability is assumed for any errors and missions in any information/data which is imparted in respect of the shipment traveling under the Air Waybill
10.4 The shipper indemnifies CARRIER against laws, damages, penalties, action proceedings etc. that may be instituted by any Government officials in discharge of their official duties including but not limited to Customs GST inspection etc
10.5 Shipper agrees to indemnify CARRIER and keep CARRIER indemnified at all times against any and all liability, damages which CARRIER incurs or may incur due to breach of any obligations required to be done by the Shipper under the Provisions of GST Acts.
11. CLAIMS
11.1. Any claim must be brought by the shipper and delivered in writing to the office of CARRIER nearest to location at which the shipment is accepted within 30 days from the date of such acceptance. No claim can be made against CARRIER beyond this time limit
11.2. No claim for loss or damage will be entertained until all charges have been paid. The amount of such claim will not be deducted from any transportation charges owed to CARRIER.
12. MATERIALS NOT ACCEPTABLE FOR CARRIAGE
CARRIER will not carry materials as under:
Classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organisation), any applicable government department or other relevant organisation
Not permitted by the laws/rules/restrictions enforced or no customs declaration is made when required by applicable customs regulations and/or any other relevant laws;
Any items notified by CARRIER to be restricted and/or banned and/or dangerous and/or prohibited from time to time (such items including but are not limited to animals, bullion, currency, bearer from negotiable instruments, precious metals and stones, firearms or part thereof and ammunition, human remains, pornography and illegal narcotics/drugs).
The declared value of the object should not exceed Rs. 49,000.
Details available on care@hibaggage.com on request.