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Velocity
Express Pvt Ltd -Terms and
Conditions of
Shipments Carriage |
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Shipments
are accepted by Velocity Express Private Limited by its employees
and/or authorized agents referred to collectively hereinafter as
"VE", subject to the terms and conditions set out hereunder.
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1.
Airwaybill
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1.1
All shipments under the Airwaybill are carried at Owner's risk.
1.2 The VE Airwaybill is non-negotiable and the shipper acknowledges
that it is prepared by VE on behalf of the Shipper.
1.3 The responsibility of VE for a shipment accepted under an
Airwaybill ceases when the receiver acknowledges the receipt of
the shipment by affixing his/her signature on the VE delivery
record.
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2.
Shipper's Acknowledgement |
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2.1
The shipper warrants that he is the rightful owner of the shipment
sent through VE and hereby accepts VE terms and conditions.
2.2 The shipper warrants that the shipment does not contravene the
provisions of the Indian Post Office Act or any other law for the
time being in force prohibiting its possession and carriage, and
is properly marked and addressed and packed to ensure safe handling
and delivery.
2.3 The shipper shall be solely liable for all costs and expenses
(which shall without limitation include Octroi, state and local
taxes and imposts) related to the shipments and for costs incurred
either in returning the shipment to the shipper or warehousing the
shipment pending such return.
2.4 The shipper accepts the condition that the shipment is being
carried by VE from point of rendering only up to the address shown
on the shipment 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 VE for such rerouting/ redirection/return as per
the normal schedule of VE, as also by Octroi, State, Local Taxes,
Imposts etc. applicable thereon. VE will hold such shipments at
Destination mentioned on the Airwaybill for maximum period of 10
days from the date of shipment. Thereafter, VE reserves the right
to destroy the shipment without informing the shipper, and the shipper
indemnifies VE against any claim or liability. |
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3.
VE Right of Inspection of Shipment |
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VE
has the right but not the obligation to open and/or inspect the
shipment also VE reserves the right to refuse shipments not conforming
to these terms and conditions without assigning any reason whatsoever.
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4.Octroi |
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Any
Octroi Sales Tax or Duties as may be applicable on this shipment
will be payable by the consignee at the time of delivery of the
shipment. VE reserves the right of lien on any shipment till such
dues are paid in full.
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5.
Lien on Goods Shipped
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VE
will have a lien on goods shipped for courier charges, Octroi or
State Taxes, advance or other charges of any kind arising out of
carriage, and may refuse to surrender possession of goods until
such charges are paid.
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6.Limitation
of Liability
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Without
prejudice to Section 7 and Section 8, the liability of VE for any
loss or damage to the shipment (which terms shall include all documents
or parcels consigned through VE), shall be the lowest of (a) Rs.100/=(Rupees
One Hundred only) or (b) actual amount of loss or damage to the
shipment or(c) actual value of the shipment determined, without
regard to the commercial utility or special value to the shipper.
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7.
Consequential Damages Excluded
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VE
SHALL NOT BE LIABLE IN ANY EVENT FOR ANY CONSEQUENTIAL OR SPECIAL
DAMAGES OR OTHER DIRECT OR INDIRECT LOSS HOWSOEVER ARISING, whether
or not VE has knowledge that such damages might be incurred, including
but not limited to loss of income, profits, interest, utility or
loss of market.
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8.Liabilities
excluded, force majeure
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VE
will not be liable for loss or damage to the shipment or a delay
in picking up or delivering shipment if it is
(a) Due to acts of God, force majeure occurrence of any cause reasonably
beyond the control of VE, 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
VE for the shipments carried by VE.
(b) Caused by (i) The act, fault or commission 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 (ii) the transport operators by air, rail or road not
adhering to schedule for any reason whatsoever (iii) Government
officials in discharge of their official duties such as Customs/Taxation/Octroi
Inspection etc (iv) The nature of the shipment or any defects, characteristics,
inherent vice, thereof (v) Electrical or magnetic injury, erasure
or other such damages to Photographic images or recording in any
form. The shipper indemnifies VE against loss, damages, penalties,
actions, proceedings etc. that may be instituted by any Government
Officials in discharge of their official duties such as Customs/Taxation/Octroi
Inspection etc. 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 Air Airwaybill. |
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9.Claims |
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Any
claim must be brought by the shipper and delivered in writing to
the office of VE nearest to the location at which the shipment is
accepted within 30 days of the date of such acceptance. No claim
can be made against VE 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 courier charges
owed to VE. ALL DISPUTES AND CLAIMS ARE SUBJECT TO THE EXCLUSIVE
AND IRREVOCABLE JURISDICTION OF COURTS IN MUMBAI ONLY WITHOUT REGARD
TO PRINCIPLES OF CONFLICTS OF LAWS. |
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