TERMS & CONDITIONS OF CARRIAGE
1.>a)This shipment is accepted by TPW LOGISTICS INDIA PVT LTD.(its employees and/or its agents) and here inafter referred to collectively as TPWLIPL for carriage on behalf of the shipper subject to the terms and conditions here in after set out in this contract.
b)THE SHIPPER warrants that it is authorized to accepted and is accepting these condition not only on behalf of itself but also as agent for or on behalf of all person who there after may become interested in the goods.
c)TPWLIPL shall be indemnified and be kept indemnified by THE SHIPPER against any damages, costs, claim, charges, expenses resulting from :
i) breach of aforementioned warranty.
ii) violation of any of the terms and condition here in mentioned by any other person/party interested in the goods.
iii) penalties, action, proceedings that may be instituted by any government officials/agencies in discharge of their official duties.
2.>This TPWLIPL way bill and contract is non negotiable and THE SHIPPER acknowledges that it has been prepared by the shipper or by TPWLIPL on behalf of THE SHIPPER.
3.>TPWLIPL will only carry goods which are the property of THE SHIPPER.
4.>TPWLIPL reserves the right to decide the mode of discharge of THE SHIPPER’S goods by any route and procedure and by successive carries and according to its own handling storage and transportation methods.
5.>The shipment under this way bill and contracts carried at THE SHIPPER risk.
6.> Every shipment shall be charged by its chargeable weight as defined hereunder. The chargeable weight shall be higher of :
a)the actual weight rounded off the next higher half kg or one kg as per the rate category agreed OR
b) the volume weight similarly rounded off as in (a) above volume weight of the shipment in kilogramis its gross cubic volume in cubic centimetre dividend by 5000.
7.>a)THE SHIPPER warrant to TPWLIPL that the description of goods as noted on this Way bill and contract conforms accurately to the actual contract of the goods and it does not contravene the provision of the Indian postal act Or.
b) TPWLIPL has right to open and inspect the content of any package tendered to it for carriage by the shipper. Acceptance of any package by TPWLIPL does not warrant its suitability for carriage without infringing the law of any state of country from/to/through which it may be carried.
c) TPWLIPL shall not carry and dangerous/hazardous goods and such materials prohibited for carriage by any law, rule, regulation, notification issued by the Government of India,State government, Municipal authorities, Enforcement and Regulatory authorities.
d)TPWLIPL RESERVES THE RIGHT TO REFUSE ANY PACKAGE which in the judgement of TPWLIPL contravenes clause 7a), 7b) &7c) here in above and/orwhich by reason of the dangerous or other character of its content is liable to spoil or otherwise damage other shipment or equipment or is economically or operationally impractical to transport, or which is improperly packed or wrapped.
e)In the event that THE SHIPPER should consign such terms as covered here in above with TPWLIPL shall have the right to deal with items as it shall deem fit.
8.>It is the shipper responsibility to ensure that
a)All shipment tendered to TPWLIPL for carriage are prepared and packed sufficiently to protect the content and ensure sale transportation with ordinary care in handling.
b)Each package within a shipment must be legibly and durably marked with the full name and address of both the shipper and consignee. TPWLIPL accepts no responsibility for consequences of inadequate packing or lack of sufficient addressee information necessary to effect delivery.
c)All required documentation is provided to TPWLIPL.
d)Knowledge compliance of prevailing laws, rules and procedures applicable to carriage of the shipment is the responsibility of THE SHIPPER.
9.>TPWLIPL reserves the right of lien on any shipment till all the due to TPWLIPL are paid in full in respect of Freight, Octroi, Service Taxes and any other charges TPWLIPL also reserves its right todeal with the shipment as it deemed fit including the right to Sell the goods of THE SHIPMENT in order to recover all the dues for THE SHIPPER. It has been agreed by the parties that the shipper shall be solely responsible for the payment of all taxes, stamp duty etc., arising out of this contract.
10.>Any consignment in TPWLIPL custody for carriage under this waybill and contract is Insured by TPWLIPL against loss or damage upto maximum limit of Rs 1000. TPWLIPL liability will be the lowest of
a) Rs. 1000 Or
b)Incase of i) document the reconstruction cost of the document per self
ii) Non-Document the cost of repair replacement/resale or fair market value.
c) The actual amount reimbursed by TPWLIPL to THE SHIPPER will not exceed the amount as certained by TPWLIPL insurance company and TPWLIPL is not obliged to the reimburse any amount of THE SHIPPER until TPWLIPL receives its claim amount from the insurance company. TPWLIPL shall not pay the shipper any amount exceeding the amount it receives from the insurance company after deducting such amount as is due to TPWLIPL for consignments of value exceeding Rs. 5000.00
d)THE SHIPPER may arrange for his own insurance cover if required OR
e)THE SHIPPER may pay TPWLIPL a non refundable freight on value F.O.V. charge @ 2 % of the consignment value exceeding Rs. 5000. Payment of the F.O.V. charge will
entitle THE SHIPPER to reimbursement from TPWLIPL upto a maximum amount
for which the F.O.V. charge has been paid incase of loss or damage to the consignment. To avail of this facility THE SHIPPER shall clearly mention value of the consignment in the space provided on the waybill and sign waybill and pay TPWLIPL the F.O.V. charge. The actual amount to be reimbursed by TPWLIPL’s insurance company.
11.>a) any claim must be brought by the shipper and delivered in writing to the office of TPWLIPL nearest to the location at which the shipment is accepted within 30 days of the date of such acceptance with supporting documents authenticating the value of the shipment. No claim can be made by TPWLIPL beyond this time limit or without suitable authentication of value incase of claim for damage or part loss, the consignment should be available to TPWLIPL inspection in an as received condition on the consignee’s premises NO CLAIM FOR LOSS OR DAMAGE WILL BE ENTERTAINED UNTIL ALL TRANSPORTATION CHARGES HAVE BEEN PAID.
b)THE SHIPPER warrants that it shall not deduct the amount of any such claim from any charges it owes to TPWLIPL.
12.>TPWLIPL shall not be liable for any loss claim cost and/or what so ever damage
a) Suffered by THE SHIPPER or the consignee or the agent representative/employee of THE SHIPPER or the consignee as a consequence of the loss, damage, delay, misdelivery or non Delivery or consignments entrusted to TPWLIPL for carriage.
b) To the shipment due to delay in accepting or delivering the shipment if it is due to act of God force majeure occurrence of any causes reasonably beyond the control of TPWLIPL.
c) caused by the act, fault or mission of the shipper the consignee or any other party who claims an interest in the shipment.
d) caused by the nature of the shipment or any defected characteristic or inherent vice there of including efectical or magnetic injury erasure or other such damages to photographic image or recording on manner.
e)to consignments held by the enforcement authorities or any other statutory or regulatory authorities for want of required documentation and/or payment of levies and/or contravention of laws.
f)Exceeding Rs. 5000 to any shipment for which Freight on Value has not been paid by THE SHIPPER.
13.>Notwithstanding what is stated above while TPWLIPL will endeavour to provide expeditious delivery in accordance with its regular delivery schedule TPWLIPL will not under any circumstance be liable for delay in pick-up transportation or delivery of any shipment regardless cause of such delay including disruption of Air, Rail, Road Operations, clearance of consignments by various governmental agencies etc.
14.>Delivery of consignment will be made to consignee named on the waybill and contract or the Consignee’s agent authorized in writing by a letter of authority by THE SHIPPER or consignee.Incase of urgency is pleaded TPWLIPL may deliver the consignment to the consignee’s representative or his authorized agent without such a letter also.
15.> In case of any difference between the Terms and Conditions of contract and the carriage and the memorandum of understanding the Terms and Condition of contract and carriage will prevail.
16.>Irrespective of the place of shipment of the consignment (anywhere in India) any disputes, controversy or claims arising out or relating to this shipment shall only be subject to the courts of Mumbai.