The Carrier is not common carrier and shall accept no liability as such and the carriage is performed by the carrier subject only these terms and conditions herein read with applicable tariffs departure and arrival therein of the carrier which are made part of this team and condition of contact and which may be inspected at any of its offices and airports from which it operate regular services which consulted the entire agreement between the carrier and shipper.
1. Definitions :- The following definitions apply to the terms and conditions set out below the govern this contract of carriage between you and us.
1.1 “We” “us” “our” and “carrier” shall means Speed Express it’s employs agents and independent contractors and other entitles that carry or undertake to carry the consignment hereunder or perform any other services incidental there to.
1.2 “Shipper” means the sender consignor, consignee of the consignment holder of this consignment note, receiver and owner of the content of the consignment or any other party having a legal interest in those contents.
1.3 “Carriage” means and includes the whole of the operations and services undertaken by the carrier in connection with the consignment.
1.4 “Dangerous Goods” means goods classified as dangerous as per ICAO T.I, IATA DGR, IMDG-Code, ADR or other National regulations for transport.
1.5 “Prohibited items” means any goods or material, the carriage of which prohibited by any law, rules and regulation of India.
1.6 “Consignment” means any envelope, document, package, parcel, satchel or freight which is or are given to and accepted by the carrier or carriage under this consignment note.
2 Dangerous goods and prohibited items
2.1 We don’t accepted carriage or dangerous goods unless they comply with the applicable regulation and our requirement and if you have been accorded the status of an approve customer details of the terms and conditions pertaining to carriage of dangerous goods are available at all our offices, a dangerous goods surcharge will apply.
2.2 We don’t accept carriage of any prohibited item.s
3 Your Obligations
3.1 Octroi, entry tax and other clearances.
a) You hereby appoint us your agent slowly for the purpose of clearing the consignment with the applicable government authorities for the purpose of troll, entry tax and such other applicable statuary clearance and you herby certify that we are the consignee for the purpose of designating as agent to perform the requisite clearance and entries if we subcontract this work. You hereby specifically authorise us to sign such document s as required on your behalf. If any governmental authority requires additional documentation for the purpose of confirming our status as your agent it is your responsibility to provide the required documentation at your expense.
b) Any charges including penalties relating to octroi, entry tax storage charge or other expenses incure as a result of the actions of government authorities or your failure and/or the receiver’s failure to provide proper documentation and/or obtain the required licence or permit will be charged to you or the receiver of the consignment. In the events that we decide to charge the receiver and the receiver refuses to pay the incurred charges you agree to pay them to us together with our free for the administration involved in the extra work.
c) Be will endeavour expedite all octroi, entry tax and other tax clearance formalities for your consignment but are not liable for any delays, losses or damage caused by the interference from the relevant governmental authorities.
3.2 You warrant to us:
a) That the contents of the consignment have been properly described and that consignment not is complete in all respect and the documents as required for the transhipment including invoice, permits are enclosed with consignment note:
b) That the contents of the consignments have been labelled and pack safely and carefully to protect them against the ordinary risks and transports.
c) That you have prepared the consignment in secure premises by the reliable staff employed by you and that the consignment has been protect against unauthorised interference during preparation, storage and transportation immediately prior to and over to us.
d) That the contents of the consignments are not prohibited items or are not once restrict by IATA or ICAO and that you will supply to us any dangerous goods declaration that is needed properly and accurately in accordance with all applicable laws, rules and regulations.
e) That all statements and information and document provided by you relating to the consignment will be true and correct and acknowledgement that in the event that you would risk a civil claim and/or criminal prosecution penalties for which include forfeiture and safe, you agree to indemnify us and hold us harmless from any claims that may be brought against us or our ageoes arising from the information provided by you.
f) That you shall be due and payable to us the charges as agree respective of the non-delivery of the consignment due non payment by you of the applicable duty/levy.
g) That you shall pay demurrage per day at the rate of rupees 0.50/- per kilogram weight of the consignment per day or rupees 500/- per day whichever is higher in the events the consignment is required to be collected from our warehouse at the destination and the consignee has not collected the same within 3 days of intimation by us of the arrival of the consignment.
3.3 You agree that we or governmental authority may open an inspect your consignment at any time.
3.4 We are authorised to deliver the goods at the address mentioned on the consignment note and without prejudice to the foregoing it is expressly agreed that we shall the conclusively presumed to have delivered the goods in accordance with the contract if we obtain from any person received or signed delivery docket for the goods at the said address.
3.5 You agree to indemnify us and hold us harmless from any liability we may suffer or any costs, damage or expenses including legal costs incur arising out of you being in breach of any of these warranties.
4 Transit times and routing of consignments
4.1 Weekend days, public holidays any bank holidays together with delays caused by events beyond our control are not included when we quote door to door delivery times in our published literature.
4.2 The route and the method by which we transport your consignment shall be at our sole discretion.
4.3 Subject to express instructions in writing given by the shipper Speed Express reserve itself complete freedom in respect of means, route and procedures to the followed in the handling storage and transportation of consignment and provision of its services.
5 Undeliverable and rejected consignment:
5.1 If we are unable to deliver a consignment because of incorrect addresses we will make all reasonable efforts to find the correct address. We will notify you of the correction and deliver attempt to deliver the consignment to the correct address although additional charges may apply if the correct address is different to the once shown on the consignment note or the label affixed to your consignment.
5.2 Deliveries to Post Office box numbers are only accepted if the telephone number of the consignee is also provided and you agree that in the event that we are unable to deliver the consignment at the first attempt then we may post the consignment to the consignee and proof of positing is sufficient proof of delivery, consignment to the consignee and proof of positing is sufficient proof of delivery.
5.3 Where we are unable to complete the delivery of a consignment we will try to leave a notice at the receiver’s address stating that delivery has been attempted and the whereabouts of the consignment. If delivery has been not made after one more attempt by us or the receiver refuses to accept the delivery we will try to contact you and agree the appropriate next action. You agree to pay us any costs we incur in forwarding, disposing or returning the consignment and our charges (If any) for making a third or more delivery attempt.
5.4 Undeliverable or rejected consignment containing perishable goods may be sold or otherwise disposed off as Speed Express shall see fit, without any notice to the Shipper or Consignee of the goods and payment or tender by Speed Express the net proceeds of any sale after deduction of charges shall be complete of all responsibility on the part of Speed Express. Charges shall be complete discharge of all responsibility on the part of Speed Express.
5.5 Undeliverable or rejected consignments containing non-perishable goods may be sold or returned at Speed Express’s option at any time after the expiration of 21 days from the date a notice in writing sent to the last known address of the Shipper without any demur. Return of the goods to the shipper or payment by Speed Express to the shipper of the net proceeds of any sale after deduction of charges shall be complete discharge of all responsibility on the part of Speed Express.
5.6 If any claims are made against Speed Express by any third party (including its own servant or agent)by reason of such sale of return the Shipper shall indemnify Speed Express against the same and gains all losses, cost and expense incurred by Speed Express in connection therewith.
6 Extent of our liability
Our liability for any loss, damage or delay of your consignment or any part of it for whatsoever reason including breach of contract negligence or wilful act or defaults limited to:
a) for documents consignment Rs. 1000/- per consignment and be for non documents consignment the value as declared on the facing sheet of this consignment note or Rs. 5000/- per consignment whatsoever is lesser.
7.1 We shall not be liable for any consequential or special damages or loss (including loss of income, profits, markets, reputation, and use of contents or loss of any opportunity) or other indirect loss arising from the loss, damage, delay. Miss-delivery or non-delivery of your consignment even if we have knowledge that such damages or loss might arise.
7.2 We shall not be liable if your consignment or any part of its lost, damaged, delayed or miss-delivered or not delivered or not delivered at all as result of:
a) Circumstances beyond our control such as:
Act of God which shall include earthquakes, cyclones, storms, flooding, fire, diseases, fog, snow, frost.
- Force major which shall include war, accident, acts or public enemies, strikes, embargoes, perils of the air, local disputes, civil commotions.
- Latest defects or inherent vice in the contents of the consignment.
b) Your act or your omissions those of third parties such as:
- You being in breach of or any other party claiming an interest in the consignment causing you to breach your obligations under these terms and conditions in particulars in those warranties set out in Clause above:
- an act or omission of any airline, airport or any government official.
c) The contents of the consignment consisting of any article which is prohibited item even though we may accepted the consignment by mistake.
8 Insurance & Fright on value charges
a) Due to the risk or damage to the contents of the consignments we advise you to purchase insurance insurance cover for the full value of the consignments.
b) We shall at your request issue certificate of loss/certificate of damage to the consignment insured in the event of loss or damage to the consignment. You agree and confirmed that the issue of such certificate does not confirm acceptance or admission of claim by us.
c) All express freight air consignment will attract freight on value charges @ 0.25% of the declared value or minimum Rs. 125/-.
9 Claims brought by the third parties
You undertake to us that you shall not permit any other person who has interest in the consignment to bring a claim or action against us arising us form the carriage even though we may have been negligent or in default and if a claim or action is made you will indemnify us against the consequence of the claim or action or the costs and expenses we incur we defending it.
10 Claims procedure
If you wish to claim for lost, damaged or delayed consignment you must comply with the following procedure otherwise we reserve the right to reject your claim.
a) You must notify us in writing about the lost, damage or delayed within 21 days after delivery of the consignment or within 21 days of the date. The consignment should happen delivered and then within the next 21 days document the claim by sending us all relevant information about the consignment and the loss, damaged or delayed suffered. We are not obliged to act on any claim until our transportation charges have been paid nor are your entitled deduct the claim for those charges.
b) We will assume the consignment was delivered in good condition unless the recipient has noted the damaged on our delivery recoded when he accepted the consignment. In order for us to consider a claim for damage the contents and the original packaging must be available to us for inspection.
c) Your right to claim damages against us shall be extinguished unless an action is brought in a court of law within 90 days form the date of delivery of the consignment form the date on which the consignment should have been delivered or from the date on which the carriage stopped.
11 RATES AND PAYMENT
11.1 You agree to pay our charges for the carriage between the locations specified on the consignment note and any value added taxes for the carriage within 7 days form invoice that such charges to be calculated in accordance with the rates applicable to your consignment as set out in our current tariff/rate card one available on request from any of our offices all over India.
11.2 We charge the higher of the actual weight or the volumetric weight of the consignment calculate in accordance with the volumetric conversion equation set out in our tariff/rate card. We reserve the right to charge interest on all outstanding invoices at the rate of 2% per month.
11.3 The carrier is authorised by the shipper (but shall be under no obligation) to advance any duties taxes or charge sand to make any disbursement in respect of the goods and the shipper and the consignment shall be jointly and severally liable for the reimbursement thereof.
11.4 we shall have a general lien on all of your consignments in our possession at any one time with the right to sell their contents and retain the proceeds in lieu of any amounts that you may owe us for previously delivered consignments.
11.5 the shipper shall be and remain responsible to the carrier for all its proper charges incurred for the reason and such charges shall be deemed fully earned as soon as the goods are loaded and dispatched from the shipper’s premises and shall be payable and non-refundable in any event. The shipper agrees that it shall not defer ore withhold payment of a deduct any amount form the account of the carrier by reason of any claim if alleges against the carrier.
12 LAW AND JURISDICTION
12.1 In the event that any term and conditions is declared invalid or un enforceable such a determination shall not affect any other provision of this contact of carriage all of which shall remain in force.
12.2 This agreement and any transaction based on the same shall be subject to the jurisdiction of the court of Guwahati.