| The General Rules Tariffs, set
forth by the carriers provided as Solutions with the Organization,
will in every instance take precedence in all legal proceedings
and when applicable, will take precedence over the Organization's
TERMS AND CONDITIONS
stated herein. If not stated within the carrier's General Rules
Tariff, the Organization's TERMS AND
CONDITIONS as stated herein shall control. In the
case of conflict between the TERMS AND CONDITIONS contained herein
and those set forth by the individual selected carrier's General
Rules Tariff, the selected carrier's General Rules Tariff shall
control. All Terms, including, but not limited to, all the limitations
of liability, shall apply to the selected carrier and their agents
and contracted carriers.
The Organization
is a freight broker and NOT a freight carrier. The Organization
reserves the right, in its sole discretion, to refuse any shipment
at any time.
All Bills of Lading are NON-NEGOTIABLE and have
been prepared by the enrolled Customer or by ("The Organization")
as Customer's agent on behalf of the Customer and shall be deemed,
conclusively, to have been prepared by the Customer and to bind
Customer. Any unauthorized alteration or use of Bills of Lading
or tendering of shipments to any carrier other than that designated
by the Organization, or the use of any Bill of Lading not authorized
or issued by the Organization shall VOID the Organization's obligations
to make any payments relating to this shipment and VOID all rate
quotes.
The Customer is responsible for and warrants their
compliance with all applicable laws, rules, and regulations including
but not limited to customs laws, import and export laws and governmental
regulation of any country to, from, through or over which the shipment
may be carried. Customer further warrants that it is registered
and in compliance with the security plan and training requirements,
and any amendments related thereto, related to hazardous materials,
49 C.F.R. #172.701-704, and 49 C.F.R. #172.800-804. Customer further
warrants that it will immediately advise Company in the event that
its registration and/or compliance with these regulations expires
or are terminated.
The Customer agrees to furnish such information
and documentation as necessary to establish its compliance with
such laws, rules and regulations. The Organization assumes no liability
to the Customer or to any other person for any loss or expense due
to the failure of the Customer to comply with this provision. Any
individual or entity acting on behalf of the Customer in scheduling
shipments hereunder warrants that it has the right to act on behalf
of the Customer and the right to legally bind Customer. Customer
agrees to indemnify Company for any and all claims or damages incurred
as a result of Customer's failure to comply with the provisions
of this provision.
All charges are payable in Indian Rupees and are
due and payable fourteen (14) days from the date of billing, and
any payment which is past due shall be subject to an additional
charge at the rate of 1-1/2% per month of the average outstanding
balance due, or the highest rate of interest permitted by applicable
law, whichever is less. All funds received by the Organization will
be applied to the oldest (based on pick-up date) invoiced BOL that
is outstanding. Overpayments do not accrue interest and are subject
to Indian Law. In the event the Organization retains an attorney
or collection agency to collect unpaid charges or for the enforcement
of these Terms and Conditions, all unpaid charges will be subject
to a late payment penalty of 33% and Customer shall also be liable
for all attorneys and collection agency fees incurred, together
with related costs and expenses. All shippers, consignors, consignees,
freight forwarders or freight brokers are jointly and severally
liable for the freight charges relating to this shipment.
All Customers are subject to credit approval. The
Organization intends to perform a credit check based on the information
provided at the time of enrollment by the Customer. The amount of
credit, if any, granted to the Customer is at the sole discretion
of the Organization. When paying by credit card or electronic funds,
the Customer agrees they will be responsible for all charges payable,
including any adjustments, on account of such Customer's shipment.
These charges and adjustments, if any, will be automatically debited
to the Customer's credit card or bank account.
The Customer shall be liable, jointly and severally, for all charges
payable on account of such Customer's shipment, including but not
limited to transportation, fuel and other applicable accessorial
charges, including all adjustments issued by the carrier(s) after
the shipment, and all duties, customs assessments, governmental
penalties and fines, taxes, and Organization's attorney fees and
legal costs allocable to this shipment and/or all disputes related
thereto. Unless otherwise agreed, Brokers scheduling shipments for
clients shall be liable, jointly and severally, for all charges
payable on account of such client's shipment. The Organization shall
have a lien on the shipment for all sums due it relating to this
shipment or any other amounts owed by Customer.
The Organization reserves the right to amend or adjust the original
quoted amount or re-invoice the Customer if the original quoted
amount was based upon incorrect information provided at the time
of the original quote or if additional services by the carrier were
required or otherwise authorized by the Customer to perform the
pick up, transportation and delivery functions therein. Customer
is permitted thirty (30) business days from the date of the invoice
to dispute any invoiced charges. If the Organization does not receive
a dispute within the allowable thirty (30) business days, the disputed
item will be denied by the Organization.
Note:
As part of the anti-terrorism rules / regulations, inspection of
freight that moves cross border may result in carriers (LTL, TL
and Intermodal) applying charges to shipments inspected by US
Customs. These random inspections are not known
at time of shipment and therefore are excluded from all quotes.
Any applicable costs associated with random border inspections will
be the responsibility of the customer.
Claims and Limitations
of Liability |
The Organization will act as the primary point
of contact for claims and ensure that all claims are filed and processed
in accordance with 49 C.F.R. 370.
All claims should be submitted immediately to the Organization to
help ensure timely resolution. The Organization will use commercially
reasonable efforts to assist and cooperate with Customer to investigate
and process any freight loss or damage claims and any claim for
damage to our customer's property occurring in the course of the
transportation services rendered to such Customer. The liability
for any cargo damage, loss, or theft from any cause shall be determined
According to Resolution
600 B.
The individual carrier's governing General Rules
Tariff determines the standard liability cargo insurance coverage
offered by all carriers. Those Tariffs can be viewed at the Organization's
corporate offices. If the shipment contains freight with a predetermined
exception value, as determined by the selected carrier, the maximum
exception liability will override the otherwise standard liability
coverage. The Organization's liability for loss, delay or damage
to shipper's goods extends only to the insurance coverage provided
by its contingent cargo insurance. While the Organization carries
such contingent cargo insurance, the maximum amount that Customer
will receive on a claim will be that which is recoverable under
the respective transportation tariffs.
The Organization will not be responsible in any
way for claims arising out of Customer negligence. The Organization
also has available for purchase by the Customer, upon request, shipper's
interest cargo insurance. The filing of a claim does not relieve
the responsible party for payment of freight charges. Freight payment
is necessary in order for a carrier to process a claim. Customer
may not offset freight or other charges owed to Organization against
claims for any loss, damage, mis-delivery or non-delivery. The Organization
has a lien on funds recovered through the processing of damage claims
and reserves the right to apply recovery amounts to open past due
invoices on account.
To ensure our customers know the exact location
of their shipments our trailers are fitted with the latest Satellite
Tracking Systems.
Forum Selection and Choice of Law |
Any claim, dispute or litigation relating to these
Terms and Conditions, any shipment scheduled or tendered hereunder
or through the Organization's website, or relating to any and all
disputes between the Organization and the enrolled Customer, Shipper
and/or Consignee and/or Brokers for any enrolled Customer, Shipper
and/or Consignee, shall be filed in the Honorable Mumbai Courts
and subjected to the Indian Laws.
LTL
rates are based on the freight class as determined by the NMFC (National
Motor Freight Classification) and are weight based. All displayed
transit times are estimates only and do not include day of pickup.
LTL pickup dates are not guaranteed.
TL rates are based on Dock-Door Pickup/Dock-Door
Delivery and Shipper Load/Consignee Unload and are state to state
and mileage based. Additional fees may apply for charges including
but not limited to, Tractor Detention, Trailer Detention, and Driver
Assistance. Providing 48-hour notice is given, the Organization
assures coverage of Truckloads within 4 hours of Customer's requested
pickup, excluding weekends and holidays, weather or national emergency.
Trade show shipments cannot be guaranteed. Truckload
cancellations require 24 hour notice to avoid penalty. Once Sadguru Forwarders Pvt. Ltd. has contracted with a carrier to move a truckload shipment,
the scheduled load must be tendered to the carrier as requested
on the bill of lading at the agreed upon price, or a equipment not
used (EON) fee of up to $200 USD will be assessed.
Air Freight rates are based on the greater of actual
or dimensional weight. If an Air Freight shipment contains oversize
freight, additional charges and transit days may apply.
Van Line rates
are driven by state to state/mileage, weight (actual or density)
and commodity/product type. Flatbed rates are based on equipment
type, state to state/mileage and weight. If a flatbed shipment contains
oversize freight, additional charges and transit days may apply.
All displayed transit times are estimates only and do not include
day of pickup. Pickup dates are not guaranteed.
If you subscribe to freightquote plus, you may
be charged a recurring monthly fee (depending upon the terms of
your contract). If you choose to pay by credit/debit card, we will
automatically charge your credit/debit card each month. You may
cancel your freightquote plus subscription at any time upon notice
to us, but termination must be received at least 48 hours prior
to the processing of any recurring fee to cancel that recurring
fee. You are required to provide us notice of any changes to your
credit/debit card or bank information that would impact your recurring
fee.
The Organization assumes no liability and in no
event shall be responsible for any carrier billing, rating, and
tariff inaccuracies. To ensure that all quotes remain current and
accurate, please provide the Organization 15 day's notice of any
change to your carrier contracts, discounts, or tariffs.
LTL
Guaranteed Services are inclusive of transit times only as noted
by the carrier selected. Guaranteed Service transit times do not
include holiday and/or no service days as defined by the individual
carrier. This service is not a guarantee for Pickup. Pickup Day
is not included in the qualification and calculation of LTL transit
time. The Customer is liable for all charges related to the shipment.
In the event of carrier failure to comply with the guaranteed service
requested, the Customer is permitted ten (10) business days from
the actual delivery date of shipment to file a claim request in
writing with the Organization.
If the Organization does not receive a claim request
or receives the request after the allowable ten (10) business days,
the service provided by the LTL carrier will be deemed to have met
all guaranteed service standards and the claim request will automatically
be considered invalid and denied. In the event of carrier failure
to comply with the guaranteed service requested and after the carrier
has agreed to liability, the Organization will credit the account
of the said Customer. In no event shall the Organization be liable
nor will any account be credited if the Customer does not use the
Organization's Bill of Lading.
Shippers Interest Contingent Cargo Liability Insurance
|
|
Company: The
New India Assurance Company Limited, Mumbai. |
| Policy Limit:INR
3 Millions – Equivalent USD67,000.00 |
|
Deductible:
$100 USD Per Claim (excluding owner packed Household Goods).
|
| Deductible:
$1500 USD Deductible applies to owner packed Household
Goods. |
Through the purchase of the quoted cargo insurance,
underwritten by The New India Assurance Company Limited, the enrolled
customer, shipper or consignee will receive an insurance policy
equal to the declared value amount entered. FAILURE
TO PURCHASE CARGO INSURANCE WILL RESULT IN SHIPPER BEING LIMITED
TO RECOVERY PURSUANT TO THE TERMS OF CARRIER'S GENERAL RULES TARIFF.
Upon completion of the purchasing and approval process, including
cargo insurance coverage acceptance and final shipment confirmation,
a Certificate of Insurance will be issued to the indicated Certificate
Holder by the end of the next business day. The Certificate of Insurance
is issued by The New India Assurance Company Limited and is bound
by the terms and conditions of the cargo insurance policy.
The Organization has no responsibility, liability
or involvement in the issuance of insurance, the denial of insurance,
or in the payment of claims. In the event of cargo loss or damage,
the Certificate Holder is to contact the Claim Agent noted on the
Certificate of Insurance immediately. If the loss or damage is apparent,
the consignee must note such loss or damage information on the bill
of lading/delivery receipt. If the loss or damage is not apparent
(concealed), the certificate holder must contact the Claims Agent
noted on the certificate within 3 days after taking delivery.
Policy
Terms and Conditions |
That the interest insured hereunder is in good
condition at the commencement of coverage. That no claim for loss
and/or damage shall attach unless, immediately on the first discovery
of any loss and/or damage to any part of the interest hereby insured,
written notice shall have been given to The New India Assurance
Company Limited. In no event shall any claim be recoverable hereunder
unless notice is given to The New India Assurance Company Limited
within thirty days of the termination of this insurance. That the
value to be made good in case of the interest insured hereunder
being condemned on or after arrival shall in no case exceed the
sound market value, less usual charges, or the insured value, whichever
may be the smaller.
Warranty
- Each shipment must have a written pre-shipment report of condition
noting any damages. If there is no pre-shipment report, coverage
shall exclude claims for scratching, denting, bruising and cost
of repairing.
Frost damage and mechanical derangement unless
caused by an external impact to the vehicle
Loss of, or damage to the following: radios, cassette recorders,
CD players and/or cassette players and similar equipment, any contents
of the vehicle that are not a permanent part of the vehicle as it
came from the manufacturer.
There is no coverage while the vehicle is being operated under
its own power.
Household Goods and Personal Effects
Coinsurance - This
policy is subject to a 100% coinsurance clause, so that if the property
covered by this insurance shall at the time of the loss be of greater
value than the sum insured, the Assured shall be entitled to recover
hereunder such proportion of the said loss as the sum insured by
this policy bears to the total value of the said property.
Pairs and Sets Clause
- Where any insured item consists of articles in a pair or set,
this policy is not to pay more than the value of any particular
part or parts which may be lost without reference to any special
value which such article may have as part of such pair or set, nor
more than a proportional part of the such pair or set.
Depreciation - Underwriters'
liability is restricted to the reasonable cost of repair and no
claims shall attach hereunder for depreciation consequent thereon.
Mechanical and Electrical Derangement
- This coverage excludes loss of or damage due to mechanical, electrical
or electronic derangement unless there is evidence of external damage
to the insured item or its packaging.
This Policy excludes loss or damage due to moths, vermin, wear
and tear, and gradual deterioration.
Replacement Clause
- In the event of loss of or damage to any part or parts of an insured
machine caused by a peril covered under this policy, the sum recoverable
shall not exceed the cost of replacement or repair of such part
or parts, plus charges for forwarding and refitting, if incurred,
but excluding duty unless the full duty is included in the amount
insured, in which case loss, if any, sustained by payment of additional
duty shall also be recoverable, Provided always that in no case
shall the liability of the Underwriters exceed the insured value
of the complete machine.
Climate Conditions Clause
- This policy excludes loss or damage caused by climatic or atmospheric
conditions or extremes of temperature.
Owner Packed Goods
- Coverage under this policy excludes breakage, scratching, denting,
chipping, staining and tearing of owner packed effects, including
trunks, suitcases and the like. Also excluding claims for missing
items unless a valued list of contents is supplied by the owner
prior to commencement of transit.
Excluded Goods
- Coverage does not apply to cash, notes, stamps, deeds, tickets,
travelers' checks, jewellery, watches or similar valuable articles.
Accompanied Personal
Effects - This policy excludes loss in any form
from an unattended vehicle.
Steel Sheets, Coils
Bars, Billets.
This Policy excludes loss, damage or expense caused
by rust, oxidation, corrosion or discoloration absolutely. Coverage
also excludes twisting, bending and distortion unless caused by
a peril insured against.
Packaging Terms
And Conditions |
Contract with Customer and Seller: These terms
and conditions, and the Service Order (as described below), are
all the terms of the agreement among Sadguru Forwarders Pvt. Ltd.,
the seller of the item(s) to be shipped ("Seller"), and
the buyer or owner of the item(s) to be shipped ("Customer").
Service Order:
Seller or Customer shall provide electronic details through the
Sadguru Forwarders Pvt. Ltd. user interface describing the item(s)
to be shipped, accurate dimensions, accurate weights, the point
of origin for the shipment, the point of destination for shipment,
whether the shipment will be insured and the amount of coverage,
and any other special instructions. By submitting the Service Order
electronically, Seller or Customer shall be bound by the terms of
the Service Order.
Note:
Shipping insurance does not cover consequential damages or loss
caused by transportation delays.
If shipping insurance is not requested by Seller
or Customer, the shipment will not be insured.
Modification:
Only Sadguru Forwarders Pvt. Ltd. has the authority to change any of these
terms and conditions or the Service Order. The Service Order shall
control in the event of any inconsistencies with these terms and
conditions. The Service Order and these terms and conditions shall
control in the event of any inconsistencies with any other transportation
documents accompanying the shipment. ANY
ATTEMPTED MODIFICATION OF THE SERVICE ORDER OR THESE TERMS AND CONDITIONS
SHALL NOT BE BINDING UPON Sadguru Forwarders Pvt. Ltd. UNLESS SPECIFICALLY
ACCEPTED BY Sadguru Forwarders Pvt. Ltd. IN WRITING.
Right to Reject Requests for Shipping Services:
Sadguru Forwarders Pvt. Ltd. reserves the right to reject any request
for shipping in its sole discretion. Without limitation, any shipment
containing any item that is considered a restricted article or hazardous
material by the Department of Transportation
(DOT), International Air Transport
Association (IATA), or the International
Civil Aviation Organization
(ICAO), will not be shipped by Sadguru
Forwarders Pvt. Ltd. . Shipments containing items
that cannot be transported legally or safely, include, but are not
limited to:
|
Animals |
|
Precious Metals |
|
Plants |
|
Explosives |
|
Chemicals |
|
Precious Stones |
|
Perishables |
|
Liquor |
|
Currency |
|
Negotiable Items in Bearer Form
|
For further information concerning items please contact
Sadguru Forwarders
Pvt. Ltd.,
Tel :
+91 22 26817171 / 42217101/02/03
Fax: 91-22-26817454
Email us On
admin@sadguruforwarders.com
Obligations of Sadguru Forwarders Pvt. Ltd. : Sadguru Forwarders Pvt. Ltd. and its agents and
carriers agree to use commercially reasonable efforts to, either
directly or indirectly:
|
Match
the item(s) of each shipment against the item(s) set forth
on the shipping directions from |
|
Seller or
Customer; |
|
Inspect each shipment
and note all apparent damage on the appropriate freight bill,
delivery receipt, or |
| |
similar document evidencing
delivery, and notify Seller and Customer of such damage; |
|
Deliver all shipments
to locations directed by Customer and confirmed by Seller.
Sadguru Forwarders Pvt. Ltd. |
| |
may ship the items by
any means, including truck, air vessel, or any other carrier,
unless Seller or Customer |
| |
gives specific electronic
or written instructions to the contrary. |
Seller/Customer Release
of Liability : Sadguru Forwarders Pvt. Ltd. shall not be held
liable by Seller and/or Customer for the following:
|
Accuracy
of item description, its contents, or its condition. |
|
Any damages, injury
or anything else either directly or indirectly caused by the
use and/or application |
|
of the item being exchanged.
|
|
Any other limit of liability
related to the item being shipped. |
Independent Contractor
: Sadguru Forwarders Pvt. Ltd. shall be an independent contractor with respect
to Seller and/or Customer, and nothing herein contained shall be
construed to be inconsistent with such relationship or status.
Sadguru Forwarders Pvt. Ltd.
shall engage and/or subcontract with such entities and/or individuals
as it may deem necessary or appropriate in connection herewith,
it being understood and agreed that such entities or individuals
shall be subcontractors of Sadguru Forwarders Pvt. Ltd. only and shall be
subject to discipline and control solely and exclusively by Sadguru Forwarders Pvt. Ltd. .
Charges for Services
: Charges will be based upon actual weights and dimensions shipped.
All Service Orders or invoices submitted to Seller and/or Customer
for fees related to services shall detail the materials used and/or
services performed, the applicable rate and the total amount due
and owing.
Rate Quotations:
Rates and product/service quotations by Sadguru Forwarders Pvt. Ltd. will
be based upon information provided by Seller and/or Customer. Final
rates and service may vary based upon the shipment actually tendered.
Sadguru Forwarders Pvt. Ltd.
will not be liable for, nor will any adjustment, refund or credit
be made, as a result of any discrepancy in the rate or service quotation
made prior to the actual tender of the shipment with what appears
on the Service Order or invoice, unless the rate or service applied
at the time of the original Service Order or invoice is inconsistent
with the shipment actually tendered.
Payment:
Seller or Customer will pay Sadguru Forwarders Pvt. Ltd. via electronic payment
service or as otherwise designated by Sadguru Forwarders Pvt. Ltd. in its
sole and absolute discretion. All applicable terms and conditions
as set forth by the electronic payment service or any other payment
mechanism as specified by Sadguru Forwarders Pvt. Ltd. shall apply.
Payment:
Seller or Customer will pay Sadguru Forwarders Pvt. Ltd. via electronic payment
service or as otherwise designated by Sadguru Forwarders Pvt. Ltd. in its
sole and absolute discretion. All applicable terms and conditions
as set forth by the electronic payment service or any other payment
mechanism as specified by Sadguru Forwarders Pvt. Ltd. shall apply.
Obligations of Seller
and Customer : In addition to all other obligations
set forth in any Service Order, Seller and Customer represents and
warrants to Sadguru Forwarders Pvt. Ltd. as follows:
(a)
all items to be shipped will be completely and accurately marked
to enable identification of the contents without opening any shipping
or storage containers;
(b)
Seller and Customer will make every effort to accurately measure
the dimensions and weights of all items and understands that the
Sadguru Forwarders Pvt. Ltd. rate depends upon the accuracy of this
information
(c)
Seller or Customer's authorized representative(s) shall be identified
to Sadguru Forwarders Pvt. Ltd. agent or coordinator and shall be
available at all times at the point of origination to sign, and
shall sign, all documents evidencing pick-up of the items to be
shipped by Sadguru Forwarders Pvt. Ltd.
(d)
Seller or Customer is the legally documented owner of all property
received by Sadguru Forwarders Pvt. Ltd. , and/or is authorized
to cause such property to be stored and otherwise controlled by
Sadguru Forwarders Pvt. Ltd. as provided in the applicable Service
Order.
EXCEPT AS SET FORTH
BELOW, NEITHER Sadguru Forwarders Pvt. Ltd. NOR ANY OF ITS CARRIERS OR AGENTS
SHALL BE LIABLE TO SELLER OR CUSTOMER (NOR TO ANY PERSON CLAIMING
RIGHTS DERIVED FROM THEIR RIGHTS) FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING,
WITHOUT LIMITATION, LOST PROFITS, LOSS OF BUSINESS, OR OTHER ECONOMIC
DAMAGE, AND
FURTHER INCLUDING
INJURY TO PROPERTY, AS A RESULT OF THE ALLEGED NEGLIGENCE OF Sadguru
Forwarders Pvt. Ltd. OR ITS CARRIERS OR AGENTS OR THE BREACH OF
ANY WARRANTY OR OTHER TERM OF THESE TERMS AND CONDITIONS, REGARDLESS
OF WHETHER Sadguru Forwarders Pvt. Ltd. OR ANY OF ITS CARRIERS OR
AGENTS WERE ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF
THE POSSIBILITY THEREOF.
In addition, Seller and Customer hereby acknowledge
and agree that the payment schedules established for each Service
Order are based upon the limitations of liability agreed to herein,
regardless of the actual value of property that may be lost or damaged,
or any consequential damages which may be incurred (whether foreseeable
or not).
Liability for Negligence:
Customer shall declare the value of the item(s) to be shipped in
the Service Order. If Customer fails to declare a higher value,
the customer signing the Service Order agrees that the shipment
will automatically be released at the carriers maximum liability
of $.10 cents USD per lb per item(s). Customer hereby releases Sadguru
Forwarders Pvt. Ltd. , its employees and subcontractors from any
liability in the absence of a declared higher value. If Customer
declares a value of the item(s) shipped exceeding $.10 cents USD
per lb per item(s).
Sadguru Forwarders Pvt. Ltd.
agrees to reimburse Seller or Customer, as applicable, for the actual
value of any tangible personal property lost or damaged while in
Sadguru Forwarders Pvt. Ltd. 's or its subcontractors' or employees' care,
custody and control, when such loss or damage was proximately caused
by the negligence of Sadguru Forwarders Pvt. Ltd. or its subcontractors or
employees.
Delayed Shipments:
Sadguru Forwarders Pvt. Ltd. will use commercially reasonable efforts to deliver
the shipment according to the Service Order. Sadguru Forwarders Pvt. Ltd.
is not liable for any delays in the shipping process (including
picking up a shipment from Seller, transporting a shipment, and/or
delivering a shipment to Customer).
Shipment Liability
and Insurance Valuation |
Sadguru Forwarders Pvt. Ltd.
shall not be liable, in case of loss or damage, for more than: a)
The actual cash market value of the said property at the point of
destination on the date of disaster*, with proper deduction for
depreciation however caused. b) The amount it would cost to repair
or replace the said property at point of destination on the date
of disaster, with proper deduction for depreciation however caused.
c) The amount it would cost to repair or replace
the said property with material of like kind and quality, with proper
deduction for depreciation however caused or the amount declared
by the customer, whichever amount is the lesser. d) Shipper must
provide a detailed and separate inventory of all boxes, contents
and corresponding values. If not, any liability settlement is based
on the number of boxes or individual pieces divided into the total
value.
Note:
The original commercial invoice, PayPal receipt, or current appraisal
(appraisal must be less than one year old) is necessary as proof
of value.
Proof of value must exist and be available prior
to shipment date. Declaring a value on the Service Order is not
an accepted proof of value.
Carrier's maximum liability for loss and damage
to a shipment is limited to the lower of these two amounts:
(i) $.10 cents USD
per lb per item or
(ii) The actual cash
value of the article, whichever is less.
The actual cash value does not include any commercial utility or
special value to the customer or any other person. Please note that
shipment insurance does not cover consequential damages, or loss
caused by transportation delays. If shipment insurance is not requested
in the Service Order, the shipment is automatically released at
the Carriers maximum liability. If any portion of your bill is disputed
or unpaid, your insurance automatically goes in default. The account
must be paid in full before the claim will be submitted.
Terms and exclusions
of insurance |
Loss or damage arising out of the acts of any government,
customs authority or official confiscation. Consequential losses
due to delay or any depreciation in value not covered.
Items missing from owner packed cartons. In addition,
claims will not be honored for the loss of any owner packed carton
unless the shortage has been noted at the time of delivery.
Loss due to damage or breakage of items in owner
packed cartons.
Loss or damage to jewellery, gem stones, cash,
currency, or bank notes, deeds, travelers cheques, coin or stamp
collections, alcoholic beverages, negotiable items or contraband.
Loss or damage caused by wear or tear, changes
in climatic conditions, infestation (moth or vermin), or inherent
vice.
Any internal electrical or mechanical component
of any device unless exemptions are noted at the time of delivery
for external damage to such property. Loss of data and recalibration
are also excluded.
Loss or damage unless the premium for the insurance
has been received by the carrier or insurance company.
Wrinkled or soiled clothing, drapes and rugs.
Marring, scratching, denting, chipping or rubbing
on items which have been received by the carrier as condition unknown.
Nondelivery of a shipping package if the delivery
receipt shows that all the packages were delivered to the final
destination (unless receipt appropriately claused).
Loss caused by nuclear reaction, radiation or radioactive
contamination, whether controlled or uncontrolled, however caused.
Items not listed on the inventory or freight bill
prepared at the origin.
If any item of a "set" is lost or damaged,
payment is only made for the proportionate value of the item damaged,
not the entire set. The insurance includes coverage up to 30 days
storage at the origin and/or destination.
The shipment must move within 30 days after pick
up. Any additional storage time must be requested and paid for.
Insurance
Claims:
Customers who wish to submit a claim for lost, mis-delivered, or
damaged shipment, must:
(i)
Submit the claim in writing.
(ii) Submit the claim
within 45 days from the date that Sadguru Forwarders Pvt. Ltd. delivers
the shipment.
(iii) Submit the
claim to Sadguru Forwarders Pvt. Ltd. headquarters.
No claim will be reviewed until all shipping and related charges
have been paid to Sadguru Forwarders Pvt. Ltd. All packaging and
containers must be made available for inspection by Sadguru Forwarders
Pvt. Ltd. Insurance claim payments, minus INR 4000.00 deductible,
will be made in Indian Rupees.
Customer's and Warehouseman's Lien: Seller and Customer acknowledge
that Sadguru Forwarders Pvt. Ltd. and its subcontractors have both a carrier's
and warehouseman's general lien on all of the tangible personal
property being handled pursuant to any Service Order. This lien
may be enforced by Sadguru Forwarders Pvt. Ltd. and its subcontractors at
any time at either a public or private sale with or without a judicial
hearing.
Customer also grants Sadguru Forwarders Pvt. Ltd. a security interest in
the tangible personal property being handled under any Service Order
until Customer has fully satisfied all liabilities, whenever occurring,
owed to freightquote. Sadguru Forwarders Pvt. Ltd. is authorized to file financing
statements under the Uniform Commercial Code covering any such tangible
personal property without Customer's signature, and Sadguru Forwarders Pvt. Ltd.
shall have all the rights and remedies of a secured party under
the Uniform Commercial Code.
Limitation of Warranty
: EXCEPT AS OTHERWISE PROVIDED HEREIN, Sadguru Forwarders Pvt. Ltd.
MAKES NO WARRANTIES FOR THE SERVICES AND HEREBY DISCLAIMS ALL WARRANTIES
OR REPRESENTATIONS, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED
WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE OR USE, AND ANY WARRANTIES ARISING FROM
COURSE OF DEALING, USAGE OR TRADE PRACTICE.
Compliance with Law
: Each party shall, at all times during the term of these terms
and conditions and at its own expense, comply with all applicable
federal, state, and local laws, rules and regulations, and shall
maintain in full force and effect all license and permits required
for performance under these terms and conditions.
Force Majeure :
Any delay or failure of performance of either party to these terms
and conditions shall not constitute a breach or default of these
terms and conditions or any Service Order, or give rise to any claims
for damages, if and to the extent that such delay or failure is
caused by an occurrence beyond the control of the party affected,
including, but not limited to, acts of governmental authorities,
acts of God, the discovery of materially different site conditions,
wars, riots, rebellions, sabotage, fire, explosions, accidents,
floods, strikes, lockouts, or changes in laws, regulations, or ordinances.
In the event that a party intends to invoke this force majeure
provision, that party shall provide prompt notice to the other party
as soon as possible after the occurrence of the event giving rise
to the claim of force majeure.
Entire Agreement
: These terms and conditions together with all Service Orders entered
into between the parties completely and exclusively states the agreement
of the parties regarding the subject matter hereof and supersedes
all prior negotiations, representations or agreements with respect
to the subject matter hereof, written or oral, and may be amended
only by written instruments signed by all parties hereto. If any
part of these Terms and Conditions is found unenforceable, it will
not affect the validity or enforceability of any other provision
of these Terms and Conditions.
Governing Law :
THE VALIDITY, PERFORMANCE AND CONSTRUCTION OF THESE TERMS
AND CONDITIONS AND ALL SERVICE ORDERS HEREUNDER SHALL BE GOVERNED
AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE GOVERNMENT OF
INDIA.
Jurisdiction and Venue
: Any action arising out of or relating to theses terms and conditions
and all Service Orders contemplated hereunder will be exclusively
venued in a court situated within the limits of Mumbai Jurisdiction.
Seller and Customer hereby irrevocably consent and submits themselves
to the personal jurisdiction of said courts for all such purposes.
Counterparts; Facsimile and Electronic
Signatures : These terms and conditions and all
Service Orders entered into hereunder may be executed in two or
more counterparts, each of which will be considered an original,
but all of which together will constitute one and the same instrument.
These terms and conditions and all Service Orders entered into hereunder
may be executed by facsimile signature or by any other electronic
means and such signatures shall be deemed to be originals for all
purposes under these terms and conditions and any Service Order.
THE ORGANIZATION MAKES NO WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO DELIVERIES OR WITH
REGARD TO THIS WEBSITE, INFORMATION PROVIDED ON THIS WEBSITE OR
SERVICES RELATED TO TRANSACTIONS CONDUCTED ON THIS WEBSITE. THE
ORGANIZATION CANNOT GUARANTEE DELIVERY BY ANY SPECIFIC TIME OR DATE.
IN ANY EVENT, THE ORGANIZATION SHALL NOT BE LIABLE FOR ANY SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO
LOSS OF PROFITS OR INCOME, WHETHER OR NOT THE ORGANIZATION HAD KNOWLEDGE
THAT SUCH DAMAGES MIGHT BE INCURRED.
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