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Deccan 360 Terms and Conditions of Carriage
- THE WAYBILL
- The Deccan 360 waybill is non-negotiable.
- The shipper acknowledges that it has been prepared by the shipper or by Deccan 360 on behalf of the shipper.
- SHIPPER’S OBLIGATION & ACKNOWLEDGEMENT
- By tendering shipments for transportation via Deccan 360, shipper, for himself and all other parties at any time having an interest in the goods, agrees to these conditions of contract, which no agent or employee of the parties may alter.
- The shipper warrants that he is the owner or the authorized agent of the owner of the goods transported hereunder and that the shipper hereby accepts Deccan 360 terms and conditions for himself and/or as an agent and/or on behalf of any other person having any interest in the shipment.
- The shipper is responsible for accurately completing this waybill and warrants that each article in the shipment is properly described, marked, addressed, packaged for transportation and that it 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 Deccan 360 to be unacceptable for transport as specified under Section 12 below and the shipment is properly marked and addressed and packed, to ensure safe handling.
- The shipper shall be solely liable for all costs and expenses (which shall without limitations include Octroi, state and local 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.
- The shipper accepts the condition that the shipment is being carried by Deccan 360 from the point of rendering only up to the address shown on this Waybill and in case this shipment has to be rerouted/redirected/returned for any reason whatsoever, the shipper shall pay in advance all charges levied by Deccan 360 for such rerouting/redirection/return as per the normal schedule of Deccan 360 as also any Octroi, State Local Taxes and import duties etc. applicable thereon. Deccan 360 will hold such shipments at the destination mentioned on the waybill for a maximum period of 15 days from the date of shipment. Thereafter, Deccan 360 reserves the right to destroy the shipment without informing the shipper and the shipper shall indemnify Deccan 360 against any claim or liability.
- Any storage, charges, losses, seizures, or expenses resulting from Deccan 360’s inability to contact consignee resulting from any means including negligence are wholly for the account of the shipper and/or the consignee.
- Packing of the material rendered for shipment is the responsibility of the shipper including placement of such materials inside containers supplied by Deccan 360, if any, notwithstanding anything else in these terms and conditions.
- DECCAN 360 RIGHT OF INSPECTION OF SHIPMENT
- Deccan 360 has the right at their option (but not an obligation) or at the request of government authorities, to open and/or inspect the shipment.
- Deccan 360 reserves the right to refuse shipments for not conforming to these terms and conditions without assigning any reason whatsoever.
- TAXES
- All taxes such as Octroi 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. Deccan 360 will not extend any credit for Octroi and other statutory charges.
- INSURANCE
- While Deccan 360 has developed a sophisticated tracking system for all shipment carried in its network and has experienced/skilled manpower to handle all shipments, the shipper may, if he so desires, insure his shipments at his own cost.
- CHARGEABLE WEIGHT
- Every shipment shall be charged by its chargeable weight as defined hereunder and not the actual weight. The chargeable weight shall be higher of (a) the actual weight rounded off to the next higher half kg or one kg as per the rate category agreed to or (b) the volume weight similarly rounded off as in (a) above.
- Volume weight of the shipment in kg is its gross volume in cubic cms.,i.e., Length*Width*Height divided by 6000.
- LIEN ON GOODS SHIPPED
- The shipper acknowledges Deccan 360’s right of lien on his shipments for any outstanding freight, any other applicable charges, Central, State and Local taxes, duties, levies, advances arising out of 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 shipments until all such charges are paid.
- Further, if such charges are not paid to Deccan 360 within 10 days, then Deccan 360 may store the goods at the defaulting shipper’s/consignee’s own risk.
- Deccan 360 further reserves the right to sell the goods by public auction, tender, private agreement to Deccan 360’s other legal remedies to recover its costs, charges and expenses or otherwise even destroy the goods without prejudice, if the charges as indicated above are not paid by the shipper/consignee within 10 days.
- In case of perishable goods, Deccan 360 reserves the right to dispose off/sell the goods immediately without any notice, and the shipper shall keep Deccan 360 indemnified against all claims, charges and expenses incurred by Deccan 360 due to such perishable goods entering into the network of Deccan 360.
- If consignee refuses delivery or to pay on delivery, or the shipment is deemed to be unacceptable, or it has been undervalued for customs/Octroi purposes, or consignee cannot be reasonably identified or located, Deccan 360 shall use reasonable efforts to return the shipment to shipper at the shipper’s cost, failing which the shipment may be released, disposed off or sold by Deccan 360 without incurring any liability whatsoever to the shipper or anyone else. The proceeds shall be applied against service charges and related administrative costs and the balance of the proceeds of a sale to be returned to shipper after adjusting outstanding dues, if any.
- LIMITATION OF LIABILITY
- Without prejudice to Section 9&10, the liability of Deccan 360 for any loss or damage to the shipment (which term shall include all documents or parcels consigned through Deccan 360) shall be lowest (a) Rs.5000/- or (b) 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 to the commercial utility or special value to the shipper or parcel so determined will be without regard to the commercial utility or special value to the shipper.
- The actual value of the document or parcel shall be ascertained by reference to the cost of preparation or replacement/reconstruction value at the time and place of shipment but under no circumstance shall exceed Rs.5000/
- 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 article actually paid by the shipper subject to and within overall limit of Rs.5000/-
- CONSEQUENTIAL DAMAGES EXCLUDED
- Deccan 360 shall not be liable in any event for any consequential or special damages or direct or indirect loss, howsoever, arising whether or not Deccan 360 has knowledge that such damages might be incurred, including but not limited to loss of income, profits, interest, utility or loss of market.
- LIABILITIES NOT ASSUMED
- In particular, Deccan 360 will not be liable for any loss and damage to the shipment or a delay in picking up or delivering shipment if it is:
- Due to acts of God, force majeure occurrence of any cause reasonably beyond the control of Deccan 360 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 of Deccan 360 for the goods that are carried by Deccan 360.
- Caused by:
- The act, fault or omission/commission of any act of the shipper/the consignee or any other party claiming an interest in the shipment (including violation of any terms or conditions thereof) or any other person.
- Carriers such as Airlines or Airways not adhering to schedule for any reason whatsoever.
- Government officials in discharge of their official duties such as Customs/Taxation/Octroi 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 form.
- Notwithstanding what is stated above, whilst Deccan 360 will endeavor to exercise its best efforts to provide expeditious delivery in accordance with its regular driver, Deccan 360 will not, under any circumstances, be liable for delay in pick up transportation or delivery of any shipment regardless of the cause of such delays.
- No liability is assumed for any errors and/or omissions in any information/data, which is imparted in respect of the shipment traveling under the Airway bill
- The shipper indemnifies Deccan 360 against loss, damages, penalties, actions proceedings etc. that may be instituted by the Government officials in discharge of their official duties including, but not limited to Customs/Taxation/Octroi inspection etc.
- CLAIMS
- Any claim must be brought by the shipper and delivered in writing to the office of Deccan 360 nearest to the location at which shipment is accepted, within 30 days from the date of such acceptance. No claim can be made against Deccan 360 beyond this time limit.
- No claim for loss or damage will be entertained until all charges have been paid. The amount of any such claim will not be deducted from any transportation charges owed to Deccan 360.
Testimonials
“We have been very happy with the services of Deccan 360. The initial hiccup in delivering shipments to our warehouse in the interiors of Derabassi district in Patiala was smoothly sorted with the intervention”.
