GENERAL TERMS AND CONDITIONS OF SHIPMENT
 
When requesting for freight forwarding services through the CargoX website you, as "Shipper", are agreeing, on your behalf and on behalf of anyone else with an interest in the Shipment, that the following Standard Terms and Conditions shall apply from the time that the freight forwarder accepts the Shipment.

A freight forwarder (hereinafter called FORWARDER) is one who undertakes as a licensed Customs House Agent, Customs clearance and forwarding of goods on behalf of his customer, including if necessary, procurement and coordination of one or more modes of transport. He may also undertake to perform other functions connected with the main contract such as warehousing (including storage in transit) group age or consolidation, packing, documentation, weighing and measurement of cargo container leasing, insurance, foreign exchange transaction etc. In case he is required to be licensed or approved by the Government or other Public Authorities for the performance of any of his functions, the term 'Freight Forwarder' would mean only such licensed or approved persons.

"Shipment" means all parcels that travel under one air waybill and which will be carried by air. An "air waybill" shall include any label produced by the FORWARDER automated systems and shall incorporate these Terms and Conditions. Every Shipment is transported on a limited liability basis as provided herein. If Shipper requires greater protection, then insurance may be arranged at an additional cost.

1. Customs, Exports and Imports:-
The Forwarder may perform any of the following activities on Shipper's behalf in order to provide its services to Shipper: (1) complete any documents, amend product or service codes, and pay any duties or taxes required under applicable laws and regulations, (2) act as Shipper's forwarding agent for customs and export control purposes and as Receiver solely for the purpose of designating a customs broker to perform customs clearance and entry and (3) redirect the Shipment to Receiver's import broker or other address upon request by any person who Freight Forwarder believes in its reasonable opinion to be authorized.
2. Performance of the Contract:-
(a) The forwarder shall perform his duty with due diligence and shall take care of the goods entrusted to him as a man of ordinary prudence thereby protecting the interest of his customers. In the event of the Forwarder agent takes care of the goods entrusted to him as a man of ordinary prudence he shall not be held responsible for any loss or damages that may be suffered by the goods entrusted to him.
(b) A customer shall give the Forwarder such instructions as are necessary for the performance of the contract and the latter shall abide by these instructions in a manner suited to the requirements of the customer. If however, the Forwarder is satisfied, at any stage, that a departure from those instructions is justified in the interest of the customer, he shall be at liberty to act accordingly. The Forwarder is not in a position to guarantee a firm date in regard to the arrival of the goods at destination. In the absence of any specific instructions issued by the customer, the Forwarder is free to exercise his discretion in the choice of sub-contractors, modes of transport and transportation, routes. Provide further that in the absence of any specific instructions in writing the Forwarder shall be at liberty to exercise his own judgment for the delivery of the goods and for transport of the goods as a man of ordinary prudence.
(c) Customer shall advance such sums as may be required by the Forwarders for meeting disbursements on account of the customer.
(d) The Forwarder is not responsible for effecting cargo insurance but may arrange such insurance if so instructed by the Customer. In such cases, cargo insurance will be arranged by the Forwarder on account of the customer on such terms and conditions as may be acceptable to the insurers.
3. Unacceptable Shipments:-
Shipper agrees that its Shipment is acceptable for transportation and is deemed unacceptable if:
it is classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), any applicable government department or other relevant organization;:-
no customs declaration is made when required by applicable customs regulations; or
Freight Forwarder decides it cannot transport an item safely or legally (such items include but are not limited to: animals, bullion, currency, bearer form negotiable instruments, precious metals and stones, firearms, parts thereof and ammunition, human remains, pornography and illegal narcotics/drugs).
4. Deliveries & Undeliverables:-
Shipments cannot be delivered to PO boxes or postal codes. Shipments are delivered to the Receiver's address given by Shipper (which in the case of mail services shall be deemed to be the first receiving postal service) but not necessarily to the named Receiver personally. Shipments to addresses with a central receiving area will be delivered to that area. If Receiver refuses delivery or to pay for delivery, or the Shipment is deemed to be unacceptable, or it has been undervalued for customs purposes, or Receiver cannot be reasonably identified or located, Forwarder shall use reasonable efforts to return the Shipment to Shipper at Shipper's cost, failing which the Shipment may be released, disposed of or sold by Forwarder without incurring any liability whatsoever to Shipper or anyone else, with the proceeds applied against service charges and related administrative costs and the balance of the proceeds of a sale to be returned to Shipper.
5. Inspection:-
Forwarder has the right to open and inspect a Shipment without prior notice to Shipper.
6. Shipment - Charges & Billing:-
Forwarder's Shipment charges are calculated according to the higher of actual or volumetric weight and any Shipment may be re-weighed and re-measured by Forwarder to confirm this calculation. Shipper shall pay or reimburse Forwarder for all Shipment charges, storage charges, duties and taxes owed for services provided by Forwarder or incurred by Forwarder on Shipper's or Receiver's or any third party's behalf and all claims, damages, fines and expenses incurred if the Shipment is deemed unacceptable for transport as described in Section 3.
7. Liability of the Forwarder:-
(a) The Forwarder is liable only for his own faults attributable to himself or his employees.
(b) The Forwarder shall not be liable to the customer for consequential loss or loss market howsoever caused.
(c) The Forwarder shall not be liable for acts or omissions for third parties such as re-forwarders, carrier etc. provided he has shown due diligence in the choice of such third parties. If it can be proved that he has not done so his liability shall not exceed that of any third party held liable, whom he had contracted with.
(d) The liability of the Forwarder for loss of or damage to goods will be fixed on the basis of the market value of the goods at the time of acceptance by the forwarder and will not, under any circumstances, exceed that market value or a sum at the rate of Rs.14/- per kilo of the gross weight of the goods lost or damaged, whichever is less subject to a maximum of Rs.15,000/- for each occurrence of loss.
(e) The Forwarder may arrange/provide Road Transport for customer and in such event the Forwarder shall not be held responsible as a carrier or assume the liability of a carrier.
(f) In the event of the liability of the Forwarder being sought to be varied, the variation shall only be affected by a written document signed by the Forwarder, in the absence of such a document the liability of the Forwarder shall be governed as provided herein.
8. Time Limits for Claims :-
All claims must be submitted in writing to Forwarder within thirty (30) days from the date that Forwarder accepted the Shipment, failing which Forwarder shall have no liability whatsoever.
9. Delayed Shipments:-
Forwarder will make every reasonable effort to deliver the Shipment according to Forwarder's regular delivery schedules, but these are not guaranteed and do not form part of the contract. Forwarder is not liable for any damages or loss caused by delays.
10. Circumstances beyond Forwarder's control:-
Forwarder is not liable for any loss or damage arising out of circumstances beyond Forwarder's control. These include but are not limited to:-"Act of God" - e.g. earthquake, cyclone, storm, flood, fog; "Force Majeure" - e.g. war, plane crash or embargo; any defect or characteristic related to the nature of the Shipment, even if known to Forwarder; riot or civil commotion; any act or omission by a person not employed or contracted by Forwarder e.g. Shipper, Receiver, third party, customs or other government official; industrial action; and electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings.
11. Warsaw Convention:-
If the Shipment involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention, if applicable, governs and in most cases limits Forwarder's liability for loss or damage.
12. Shipper's Warranties and Indemnity:-
Shipper shall indemnify and hold Forwarder harmless for any loss or damage arising out of Shipper's failure to comply with any applicable laws or regulations and for Shipper's breach of the following warranties and representations:
  • all information provided by Shipper or its representatives is complete and accurate;
  • the Shipment was prepared in secure premises by Shipper's employees;
  • Shipper employed reliable staff to prepare the Shipment;
  • Shipper protected the Shipment against unauthorized interference during preparation, storage and transportation to Forwarder;
  • the Shipment is properly marked and addressed and packed to ensure safe transportation with ordinary care in handling;
  • all applicable customs, import, export and other laws and regulations have been complied with; and
  • the waybill has been signed by Shipper's authorized representative and the Terms and Conditions constitute binding and enforceable obligations of Shipper.
13. Routing:-
Shipper agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places.
14. Right to lien detention:-
The Forwarder has a right to lien and a right of detention over the goods or other securities and effects lying within his power of disposal in respect of any amount whether already due for payments or not which the Forwarder is entitled to receive in respect of services to the customer. In exercise of the lien under this clause, the Forwarder shall be entitled to dispose off the goods, either by public or private sales upon which lien is exercised, to recover his dues, provided that he gives a written notice of at least 7 days to the customer of his intention to do so. The Forwarder is entitled to recover the entire balance amount from the customer after recovery of the dues by the safe of the goods under this clause and the right exercised by Forwarder under this clause shall not be deemed to have been waiver of his right to take further legal steps to recover the dues.
15. Time Limit:-
Claims against the Forwarder shall be time barred within a period of one year commencing from the day of delivery of the goods to the consignee named in the contract or, if no delivery has taken place from the date of the conclusion of the Forwarding contract.
16. Jurisdiction:-
Unless expressly agreed to the contrary, claim against the Forwarder shall be decided at the principal place of his business. All juridical relations between the Forwarder, the customer or authorized persons shall together with the application of these conditions, be regulated by Indian law.
17. Arbitration:-
Any dispute between the Forwarder and the customer arising in connection with performance of the contract shall be settled in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 at the principal place of business of the Forwarder, each party appointing an arbitrator and the two arbitrators appointing a third arbitrator and the decision by majority of the Arbitrators shall be final and binding upon both parties. The arbitrators to be appointed under this clause shall be appointed only from the panel of arbitrators approved by Freight Forwarders' Association of India.