1. Said to Contain Basis
All the consignment shall be booked on
"said to contain basis" i.e. Airways Courier India Pvt Ltd, shall be under no obligation to verify the
description and contents of the shipment declared by the Consignor on the
docket/Invoice and as such the consignor shall undertake and ensure to make
correct and factual declaration on the docket/Airway bill. However, Airways
Courier India Pvt Ltd, reserve the right to inspect
and/or refuse booking of shipment not conforming to these terms and condition,
only after duly informing consignor regarding the reasons for such inspection
and/or refusal and after receiving the confirmation from consignor. Consignor
shall not book, handover any shipment consisting of prohibited, restricted or
dangerous products and Airways Courier India Pvt Ltd,
shall not be liable for any such shipment. Consignor indemnified and would keep
indemnified Airways Courier India Pvt Ltd,, its directors and employees against all claims, losses,
charges and expenses incurred by Airways Courier India Pvt
Ltd, due to any banned, restricted or dangerous items entering in to the
network of the Airways Courier India Pvt Ltd, due to
any commission or omission of Consignor.
2. Prohibited Items
In case of loss, theft, damage and
mishandling of booked consignment maximum liability of the Company/ Franchisee
shall not be exceeding to the sum equivalent to ten times of freight charges
for un-insured documents and five times of freight charges for un-Insured
parcels, in any case.
3. Limitation of Liability
(a) In case of loss, theft, damage and
mishandling of booked consignment maximum liability of the Company/ Franchisee
shall not be exceeding to the sum equivalent to 10 times of freight charges for
documents and 5 times of freight charges for parcels (below Rs.5000/-) or the
value of the consignment mentioned on the docket whichever is less.
(b) All the high value shipment (above
Rupees Five Thousand) and Fragile Shipment should be insured by the Consignor
while booking, if any such shipment booked uninsured in such cases, in the
event of lost / damages or theft of such shipment the Company / Franchisee will
not be liable at all to reimburse to the customer.
4. No Service Area
Where the dox or Non-dox booked unknowingly
for the area which comes under NSA (No Service Area) i.e. beyond the network of
Airways Courier India Pvt Ltd in such event the said shipment shall
be returned to the party/consignor. In case of NSA service the Maximum
Liability of the Company's Franchisees shall be limited up to return of freight
amount only.
5. Applicability
The provision set out and referred to in
this consignment note shall apply to transportation through any mode and shall
not be restricted to one mode of transport only.
6. Applicability
a) "Airways Courier India Pvt Ltd,"
b) Customer - mean and includes consignor,
consignee and/or his/her authorized representatives.
c) Delivery - means tender of shipment to
the customer or intimation about arrival of the shipment at the destination.
d) Freight - means the basic freight only
and it excludes the other components like taxes and other levies.
7. Mode of Transport
Airways Courier India Pvt
Ltd is entitled to use any mode and route for transportation.
8. Contract
The docket is a contract between Airways
Courier India Pvt Ltd and customer.
9. Non-Negotiable
The Airways Courier India Pvt Ltd Waybill/Consignment Note is non-negotiable and the
consignor acknowledges that it has been prepared by the Consignor or by SMILE
on behalf of the Consignor.
10. Acceptance of Terms and Conditions
By giving us your shipment you accept our
terms and conditions set out in the consignment note and/or the contract of
carriage and/or the contract for the performance of other services on behalf of
yourself and/or anyone else who has an interest in the shipment or the
performance of other services irrespective of whether you have signed the front
of our consignment note or not. Our terms and conditions also cover and can be
invoked by anyone we use or sub-contract to collect, transport, deliver your
shipment or perform other services as well as our employees, directors and
agents. Only one of our authorized officers may agree to a variation of these
terms and conditions in writing. When you give us the shipment with oral or
written instructions that conflict with our terms and conditions we shall not
be bound by such instructions.
11. Insurance
Airways Courier India Pvt
Ltd does not offer any insurance cover for the shipments and insist to customer
to hand over insured goods for transportation under the consignor insurance. In
the event of any loss, theft and damage of shipment maximum liability of SMILE
is up to provision of COF only.
12. Law and Jurisdiction
This contract shall be governed and
construed in accordance with the law of India and all disputes and claims are
subject to the exclusive and irrevocable jurisdiction of Courts in Ahmedabad
only and no other court shall have jurisdiction.
13. Documentations
a) Proper and completed documentation by
the customer is compulsory required along with accurate details of the
shipper/receiver's name, address, telephone Nos, email-id and forms, waybills,
invoices etc. as per the statutory requirements.
b) Airways Courier India Pvt Ltd shall not be made responsible /liable in case of
any deficiency in the documents/statutory requirements and no claim or
grievance of any nature shall be entertained.
c) Customer hereby undertake to make good
the loss to Airways Courier India Pvt Ltd in case
their shipment(s) cause damages to other shipment(s) loaded in the vehicle due
to inherent nature and which is wrongly declared by the customer OR in case of
seizure by any government authority due to improper and incomplete
documentation as a result other shipment (s) also get delayed resulting in a
loss to Airways Courier India Pvt Ltd.
d) Airways Courier India Pvt Ltd shall not be liable for any kind of damages to the
goods caused due to improper and defective packaging of goods.
14. Statutory payments
a) The customers are solely responsible for
all payments if any, levied by the government or any statutory body etc. Such
as Octroi /entry Tax, service tax/value added tax or
any other tax levied from time to time.
b) In the event of any shipment being held
up by any statutory authority such as but not limited to Commercial Tax/sales
tax, Custom, Check post official, Octroi / Entry tax
etc. Airways Courier India Pvt Ltd shall not be
responsible for any kind of consequential loss/freight refund. Further customer
have agreed to make good the loss to Airways Courier India Pvt
Ltd, in case of any claims being lodged on Airways Courier India Pvt Ltd by Statutory authorities due to insufficient
documents or wrongful declaration by the customer.
15. Right to entrust
The Company reserves the right to entrust
the goods to any other carrier. The Company/Franchisee will not be liable for
any delay, damage or loss-during its transit through other carrier of situation
beyond our control i.e. occurred due to acts of God or Man -made calamities.
16. Lien
Airways Courier India Pvt
Ltd shall have a general lien over all the consignments of the customer towards
any dues payable to Airways Courier India Pvt Ltd by
the customer.
17. Claims
1) No claim shall be entertained by the Airways
Courier India Pvt Ltd for any loss or
shortage/damage/non-delivery/breakage/leakages/pilferage etc. of the
consignment unless a written claim is lodged within 30 days from the date of
booking, subject to remarks on the proof of delivery.
2) Airways Courier India Pvt Ltd shall not entertain any claims arising due to delay
in delivery of consignment for any reason.
18. Chargeable Weight
1) Every shipment shall be charged by its
chargeable weight i.e. the actual weight or the volumetric weight whichever is
higher.
2) Volumetric weight of the shipment in Kg.
is its gross cubic cms. i.e.
Length x Breadth x Height divided by 5000.By Air & for Surface Mode L x B x
H /4500 in Cms
19. Valuation Charges
Franchisee shall ensure to collect parcel
valuation charges per thousand 0.5% extra additional to freight charges for the
shipments having value above Rs. 5000/-, from the
customers at the time of booking.
20. Exclusions
1) We will not be liable for any loss of
income, loss of profits, loss of markets, loss of reputation, loss of
customers, loss of use, loss of an opportunity even if we had knowledge that
such damages or loss might arise or for any indirect, incidental, special or
consequential damages or loss howsoever arising including without limitation
breach of contract, negligence, willful act or default.
2) We are not liable if we do not fulfill
any obligations towards you at all as a result of Circumstances beyond our
control such as (but not limited to):
a) Acts of god including earthquakes, cyclones, storms, flooding, fire,
disease, fog, snow or frost or other natural calamities or disasters
b) Force majeure including (but not limited to) war, accidents, acts of
public enemies, strikes, embargoes, peril, local disputes or civil commotions
etc.
21. Change of Address
Subsequent to booking of a consignment if
the consignor makes any changes in the address or any other changes, additional
charges shall be levied as a result of such a change, as decided by the
company.
22. Return to Origin (RTO)
If the customer/Consignee does not take
delivery of the shipment for any reason whatsoever. Airways Courier India Pvt Ltd shall intimate to the customer/consignor and upon
request of the consignor Airways Courier India Pvt
Ltd return the shipment and raise the bills on the consignor towards the
transportation and other charges including transport charges in accordance with
the terms of the contract and the customer shall be liable to pay all dues
payable to Airways Courier India Pvt Ltd whether at
the original booking station or elsewhere as notified by Airways Courier India Pvt Ltd.
23. Terms in addition to special contracts
The terms and conditions stipulated are in
addition to special contracts, if any between SMILE and the customer.
24. Arbitration
In case of any dispute or difference
arising out of or in relation to this docket shall be referred to a sole
arbitrator appointed by Airways Courier India Pvt Ltd,
governed under the provisions of Arbitration and Conciliation Act, 1996 as are
in force and any amendment thereto from time to time. The Arbitration shall be
conducted in English language and the venue of such arbitration shall be at
Ahmedabad only. The award of the Arbitrator shall be final and binding upon
both the parties.
25. GST
GST will be charged on total amount of the
freight including all other charges as per rules applicable. GST is payable as
per the applicable rules being enforced from time to time by the authority
concerned.
26. Right to Change
The Company reserves the right to change
the clauses mentioned in the terms and conditions without any prior notice.
27. End User Account and Data Privacy
The www.airwayscourier.co.in allows Airways
Courier India Pvt Ltd, and its partners to have
access to User's personal email and phone number, for the communication and
analytics.