TERMS AND CONDITIONS OF CARRIAGE OWNERS RISK
The consignment is subject to the provisions of 'The Carriage by Road Act 2007' and the corresponding rules. All terms and conditions stipulated on the front and within the consignment note are an integral component of this agreement.
1. Operational Regulations (Exemption of Carrier's Liability but Accountability of Client):
The Carrier explicitly disclaims any provision of services, including but not limited to transportation, storage, or handling, for the following categories of goods. No personnel are authorized to accept these items on behalf of the company. The Carrier shall bear no liability for such materials. The Client agrees to indemnify the Carrier against any losses or claims arising from these materials.
a. Dangerous and Hazardous Goods
b. Valuable cargo such as Gold, Silver, Bullion, Share certificates, etc.
c. Live Stock
d. Live Ammunition, etc.
e. Materials lacking proper transit documents and/or any contraband or illegal substances.
f. Goods not comprehensively insured through recognized underwriters.
2. Liability Provisions:
A. Non-Liability of the Carrier:
The Carrier shall not bear any responsibility for losses, irrespective of whether the material is booked under section 10 or Section 11, as outlined below:
a. The Carrier will not be held liable for incidents falling under the protection provided by the Act, including misrepresentation of facts, or under section 17 of the Carrier Act 2017, such as losses resulting from Acts of God, Acts of War, public enemies, riots, civil commotion, arrest or restraint, or seizure under legal processes, orders, or restrictions imposed by government agencies.
b. The Carrier shall not be liable for any consequential losses.
c. The Carrier will not be accountable for any insufficiencies in packaging or inherent defects in the transported goods.
d. The Carrier will not be held responsible for losses resulting from force majeure conditions.
e. The Carrier will not assume liability for any claims or losses to any personnel not provided by the Carrier.
f. The Carrier will not be responsible or liable for any services provided by other carriers or vendors in cases where the Carrier acts as an agent or forwarder for these carriers/vendors.
g. The Carrier shall not be liable for any reason other than those explicitly defined within the following clauses.
h. Our rates are exclusive of ‘’cover risk charges” and “FOV”. Any kind of claim we shall issue “certificate of facts:.
B. Liability in Accordance with Section 11 (Insurance Charges Payable to the Carrier)
a. All materials will be considered as booked under Section 10 unless the CLIENT has explicitly requested in writing, prior to the material's booking, for it to be booked under Section 11, with this instruction duly recorded on the consignment note along with additional charges.
b. If the material is insured by any underwriters other than the Carrier, the material will be considered as booked under Section 10, limiting the Carrier's liability to the risk covered or the premium charged by the specified underwriter, irrespective of any contrary instructions or conditions on the goods.
c. If the CLIENT intends to secure its material under Section 11, the CLIENT must obtain an insurance policy through the CARRIER for potential loss or damage to the material or losses resulting from delays. This should be done by paying the applicable premium to the CARRIER in advance, and the policy must be issued before the execution of the services.
d. The rates for material loss/damage are set at 1% of the declared value of goods for each transaction or consignment note. The liability of the CARRIER is restricted to the pro-rata declared value of the goods.
e. If the client opts for a confirmed delivery policy, an additional premium of 100% of the consignment freight will apply. In this case, Loss due to Delay in transit will be compensated at 5% of the freight per day per consignment, capped at a maximum of 200% of the freight amount. This calculation is based on an average transit time of 200 km per day, excluding loading and unloading days.
3. Safety, Lien & Operational Procedures:
a. The CLIENT is responsible for providing a conducive working environment, secure conditions, and proper protocols for all equipment and personnel provided by the CARRIER on its premises. The CLIENT must adhere to reasonable security and safety procedures during operations at its site. Moreover, the CLIENT should furnish all necessary safety gear and equipment to the CARRIER's personnel to ensure proper and safe execution.
b. The CLIENT expressly disclaims any right to any material, equipment, or vehicles owned by the CARRIER or provided by the CARRIER through its agent/vendor, under any circumstance whatsoever.
c. The CARRIER retains the absolute right, at its discretion, to utilize any mode, route, equipment, personnel, warehouses, procedures, or any combination thereof to facilitate the provision of transportation and logistics services, including subcontracting for all or part of the services provided.
4. Payment Terms:
a. Charges for any services to be rendered are due in advance and before the delivery of materials, unless otherwise specified. The charges must be settled immediately upon the presentation or issuance of the consignment note, invoice, or bill for the services provided, payable at the CARRIER's Head Offices or any other agreed-upon location.
b. In case of overdue payments, a penalty of 1% per week will be charged and is to be paid along with the due amount. The CARRIER reserves the right to request advance payment if the credit exceeds the limit set at the discretion of the CARRIER.
c. No payment can be withheld or stopped for any reason whatsoever. The CARRIER retains the right to halt work/services at any time and place a lien on the material under its control or subsequently coming under its control for any delayed payments.
d. All payments must be made exclusively through 'A/c Payee' DD/Cheque/Pay Order/ECS, etc., directly in favor of the CARRIER. No personnel of the CARRIER are authorized to accept cash payments for freight amounts exceeding Rs 2500/-
5. Electronic Communication:
a. All communication via email or any electronic medium, including billing, proof of delivery, work order issuance, confirmation, consignment notes, etc., will be considered proper and sufficient by both parties, i.e., the CARRIER and the CLIENT, unless explicitly specified otherwise.
6. Claims:
a. All claims must be reported to the Head Office of the CARRIER in Hyderabad immediately upon the realization of the incident. Additionally, a formal written claim, accompanied by all relevant evidence, must be submitted within 30 days, with a proper receipt obtained for the submission. No claims will be entertained after 30 days from the incident.
b. The CARRIER undertakes to process the claim, if applicable as per the liabilities defined in the preceding rules, following due verification within 180 days from the CLIENT's submission of the claim.
SUBJECT TO HYDERABAD JURISDICTION
The Transport Operator retains the right to entrust the goods to any other lorry or service for transport. In the event of the goods being so entrusted by the Transport Operator to another carrier, the other carrier shall, as between the consignor, the consignee, the bank, and the Transport Operator's agent, ensure that the Transport Operator, notwithstanding the delivery of the goods to the other carrier, continues to be responsible for the safety of the goods and their timely delivery at the destination.
The Consignor bears the primary responsibility for paying the transport charges and any other incidental charges, if applicable, at the Head Office of the Transport Operator in Hyderabad or at any other agreed-upon location. The Transport Operator reserves the right to dispose of perishables that remain undelivered after 48 hours of arrival without any notice.
The Transport Operator has the right to dispose of other goods after 30 days of arrival, following due written notice to the consignor, the Consignee Bank, and any other interested party (including the Banker under clause 1 above).
Regardless of any statement made in the Lorry Receipt concerning the circumstances surrounding its issuance, the Transport Operator shall always uphold the obligation to the Consignee Bank named in this Lorry Receipt. The Transport Operator shall be responsible for the safe and timely delivery of the goods or consignment and any loss or damage that arises as a result of negligence, default, failure to take responsible precautions, malpractice, or criminal or fraudulent actions of the Transport Operator or any of its Managers, Agents, Employees, Partners, Directors, or business associates, including branches.
The Consignor bears responsibility for all consequences of any incorrect or false declaration.
In cases where the goods have been lost, destroyed, damaged, or have deteriorated, the compensation payable by us shall not exceed more than 20,000/-.
Schedule of Normal Storage & Demurrage Charges
1.Demurrage: Rs 100/- per quintal per day will be charged, and detention charges for a lorry will be set at Rs 100/- per ton per day.
2.DOOR DELIVERY will be provided upon surrendering the CONSIGNEE COPY upon the lorry's arrival, or the consignee may opt to collect the consignment from the carrier's warehouse.
PAYMENT TERMS & OTHERS TERMS:
1.Payment Terms: Payment is due 30 days after the LR date.
2. Vehicle Placement: Once your order is confirmed, the vehicle will be allocated on the same day or within one business day.
3. Handling and Hamali: Rates exclude any handling and hamali charges.
4. Challans: Any height challan or other RTA norm-related challans exceeding the axle weight will be your responsibility.
5. Applicability: The specified rates apply only if the order is confirmed on the same day.
6. Clause: Regardless of the material loaded, the agreed tonnage upon the vehicle's passing must be paid. Additional charges for excess material loaded will apply.