Standard Terms and conditions for Logistics Services
1. Work Rules:
NO LSP is in providing any services including
transportation/ storage/ handling for any of the
following mater and NO person is authorized in
accepting/ the same on behalf of any LSP.
a. Dangerous and
Hazardous goods, precious cargo like Gold, Silver, Bullion,
Shares certificates etc., Livestock, Live ammunition etc.
b.
Material without proper transit documents
and/or any contraband/illegal material.
c. Material NOT insured
comprehensively through recognized underwriters for all transit and storage
losses/damages.
No person is authorized
to accept additional/more liability on behalf of any LSP other than provided
in the terms and condition printed herein. No person is
authorized to after/modify/overwrite/cut any term and conditions.
2. Liability Rules:
A. No liability of LSP: The LSP will not be
liable for any losses for following while providing services.
a.
Will not be liable for the protection provided
under Indian Act, including various carriage acts.
b.
misrepresentation of the facts or for losses
arising out of the Act of God, Act of war or public enemy, riots and civil
commotion, arrest of restraint or seizure under legal process, order
or restriction or prohibition imposed by the Govt. agency.
c. will not be
liable of any consequential losses.
d.
will not be liable for any inadequate packing or
inherent vices in the goods
e.
will not be liable for any losses arising out of
the Force Majeure Conditions.
f.
will not
be liable for any claim/ Losses to any personal not provided by them.
g.
will not
be responsible / liable for services provided by other Carriers/Vendors/LSP in
case LSP is providing services as agent / forwarders of those
Carriers/Vendors/LSP. The claims in such cases shall be governed as per terms
and condition of the principal service provider
B. Limited Liability for the material booked for
carriage
LSP undertakes to take all practical and
prevalent reasonable care for the cargo but it is limited for reason
attributed to LSP to be as under.
a.
For Loss/Damage of material ten times the pro
rata freight charges of the material lost/damaged in case of storage
services the ten times the storage charges paid subject to the limit of max of
one month storage charges.
b.
Loss due
to any error/handling/losses of documents/forms/tax permits etc. Rs. 500/- per
case/incident.
c.
Loss due
to Delay in transit for ordinary consignment 0.5% of freight per day
consignment subject to maximum of 100% after ETA. The transit time and ETA
should be provided & confirmed amongst the service taker & provider.
The standard vehicle time shall be governed as per e waybill rules.
3. Safety, Lien & System:
a.
The Service USER LSP(LSPU) should
provide good working environment & conditions, security and
safety to all persons/ equipment provided by Service Provider
(LSPP) at its site and should follow reasonable security and
safety procedure. For working at its site.
b.
should provide all proper safety gear/equipment/slings/tools
to LSP personals for proper and safe execution.
c.
does not and/or will not have
any lien on any material/equipment/vehicles of LSPP and/ or
supplied by though its agent/vendor for any reason whatsoever.
d.
LSPP has absolute right at sole
discretion/pleasure to withdraw / take away / change the equipment/
vehicles/material and/or any personals provided
e.
has the absolute right at its discretion as it
seems fit to use any mode /route/ equipment’s/ personals/ hub/ warehouses/procedures
and/or any combination to provide transportation/logistics services. has
the absolute right to use any agents/outsource agency/ sub-contractor
for full and/or part of the service to be provided.
4. Payments:
a.
All the charges for any service to be provided
are payable in advance and /or before delivery of material unless specified
otherwise.
b.
The charges have to be paid immediately on
presentation /issue of /invoice / bill for the same, payable at the
Head Office of the LSPP and/or any other place agreed.
c. In case of any credit
the same has to be agreed in writing in advance and in that case
also, any payment will be strictly adjusted on first bill in-first
bill out basis.
d.
For any overdue payment 1% per month carry
forward/penal interest will be charged and becomes payable along with the due
payment.
e.
All payment should be made only in bank account
of LSPP though A/c Payee', DD/Cheque/Pay Order/ECS etc. directly in favor of LSP
No person of LSP is authorized to accept any cash payments
5. Penal SLA Charges:
a.
The detention shall be charged after 6 hours
on working day @ LCV Rs 1500/Day, MCV Rs 2000/Day, HCV Rs 2500/Day, Trailor Rs
3000/Day, Low Bed Trailor Rs 5000/ Day .
b.
No
placement shall be equal to one day detention.
c.
Demurrages shall be charged after 15 Days of
Booking @ 0.10 paise per KG/Day
6. E-Communication:
a.
All communication by email/electronic media
including billing/proof of deliver/ work order /rate confirmation/consignment
note etc. will be considered proper and sufficient by either party.
7. Claim
a.
All claims should be notified at Head Office of LSP
at immediately on coming of knowledge. Also, a formal written
claim with all proof should be lodged within 30 days and proper receipt
should be taken of the same. No Claim will be entertained after 30
days of the incident.
b.
LSP undertakes to pay the claim if any/
and as per the applicability as defined in the above liability rules
after due verification within 90 days of other party
lodging the claim.
8. Jurisdiction.
a.
All disputes will be referred to the arbitrator
appointed with mutual consent with Either party at Delhi only whose
decision will be binding on both
b. For all matters
the jurisdiction lies in the Courts of Delhi only