STANDARD TRADING TERMS AND CONDITIONS OF JETSPEED LOGISTICS PVT. LTD

1.1 “Charges” shall mean all and any monies of whatever nature payable by the Customer to the Company, for the services provided.

1.2 “Consignee” shall mean the person to whom the Goods are to be delivered and shall include the CHA / agent separately, if he is co – ordinating and issuing instructions, upon appointment of by the customer.

1.3 “Customer” shall mean any Person at whose request the Company provides Services and includes consignee and shall include the CHA / agent separately, if he is co ordinating and issuing instructions, upon appointment of by the customer.

1.4 “Company” shall mean Jetspeed Logistics Pvt. Ltd. having address at Office No. 601/602, 6th Floor, K P AurumBuilding Marol Maroshi Road , Andheri East , Mumbai, Maharashtra, India – 400059 and any subsidiary, affiliate or associate company by whom or on whose behalf Services are supplied hereunder. Also, the Company represents that it has all the required licenses and permits required for the booking of services both as a normal public carrier, as per the Carriage by Road Act, 2007 / Carriage by Air Act, 1972, Carriage of Goods by Sea Act, 1925, as well as under Multi Model Transportation Act, 1993.

1.5 “Goods” shall mean any goods (including the packaging thereof) in relation to which the Company provides the Services.

1.6 “Container” shall always mean and include the property of the Shipping Line / Container Owner and the Company clarifies that it shall be accepting and transporting the containers, only as a trustee. The Customer
and its consignee shall not be entitled to detain / divert the container and in case it is done, it shall mean criminal breach of trust and misappropriation of property.

1.7 “Person” shall mean any person, whether a natural person, body corporate, partnership, limited liability partnership, unincorporated association, similar undertaking or otherwise.

1.8 “Services” shall mean and include all services to be provided as well as any services provided by the Company to the Customer at the Customer’s request whether such Services be gratuitous or not. The scope of services shall also include all necessary and ancilliary / additional scope of work, as per the urgent situations, in order to comply with the statutory rules and regulations.

2.1 All Services provided by the Company shall be subject to these conditions.

2.2 These conditions shall prevail over any conditions specified in the Customer’s purchase order, e – mail etc. There shall be no variation to these conditions unless it is agreed in writing and signed by an Executive Board Member of the Company and the Customer.

2.3 The Customer is presumed to have agreed to all the terms and conditions, moment, it places an order for transportation of goods.

2.4 If the Services provided are subject to any compulsorily applicable legislation, regulations or directives, these conditions shall, in relation to such Services, be read subject to such legislation, regulations or directives.

2.5 Insofar as any clause or sub-clause of these conditions is held by a Court to be contrary to any compulsorily applicable legislation, regulation or directive or otherwise judged by a Court to be unlawful, void or unenforceable such clause or sub-clause shall, to the extent necessary, be severed from these conditions and rendered ineffective as far as possible without modifying or otherwise affecting the remaining provisions of these
conditions.

2.6 Nothing in these conditions should be construed as surrender by the Company of any of its rights or immunities or as an increase of any of its responsibilities or liabilities under any compulsorily applicable legislation, regulations or directives.

2.7 Placing of an order of transportation / dispatch of vehicle for loading of cargo / process of starting the transportation work formalities shall mean complete acceptance of the quotations sent by the Company for the services to be rendered and shall also be deemed to include acceptance of the Standard Terms & Conditions (STC) as provided herein and both Company and Customer shall be bound by the terms and conditions as provided under the STC. The Standard Terms and condition for providing the services by the Company are readily available on website and the same can be found on www.jetspeed.co.in

2.8 Where the Company issues a house bill of lading/House Airway Bill/ in respect of the Services or any part thereof, the terms of the bill of lading/Airway Bill shall not prevail over these conditions in relation to those
Services covered by such bill of lading.

3.1 The Company shall have full liberty to subcontract all or any part of the Services and the customer is willing to co-operate.

3.2 The Company shall be entitled to retain and be paid all brokerages, commissions, allowances and other remunerations customarily retained by or paid to Freight Forwarding Companies.

3.3 The Company shall, in its absolute discretion, decide on the means, route and method by which the Services are to be performed. The route and method may change, without notice considering the emergency situations and considering the new risks involved.

3.4 Without prejudice to Clause 3.3 above, the Company shall be entitled to:
(i) load or carry the Goods aboard any vehicle/ vessel/aircraft, whether named in any Goods Forwarding note / Goods consignment note (Transportation receipt) / house bill of lading or other documents;
(ii) transship or otherwise transfer the Goods to a different conveyance, container, tank, trailer or different mode of conveyance or storage at any time during the Services; or
(iii) at any time during the performance of the Services, unpack, remove and store any Goods which have been loaded in or on a trailer, container, pallet or similar transport unit.
iv) Assist the regulatory / statutory authorities to examine the necessary aspect of movement of goods, for their satisfaction.

3.5 The Company shall be entitled to procure any or all of the Services as principal, for the Customer.

3.7.1 Delivery of the Goods shall occur:

(i) when the Company and the Customer have appointed a time and place for delivery, upon the Company tendering the Goods at the time and place so appointed, subject to full and final release of payments, including milestone payments, under the project cargo executions;

(ii) when no time or place has been appointed, upon the Company tendering the Goods at the usual place of delivery at the Consignee’s address within the usual local business hours and the customer shall notify the place of delivery, in complete terms and name as well as details of person, who shall be authorized to take delivery of the cargo; or
(iii) when the Consignee or the Customer is to collect the Goods or to arrange the collection of the Goods, upon the Goods being made available to the Customer, Consignee or agents or servants of either of them for such collection.

3.7.2 When the Goods are to be collected by or on behalf of the Consignee or the Customer or the Company holds the Goods on behalf or to the order of the Consignee or the Customer pending further instructions from the Consignee or the Customer, the Company shall be entitled to issue a notice to the Customer requiring the Customer to collect the Goods or issue instructions for delivery within a reasonable time (as stipulated in the notice) after receipt of that notice and upon making the complete payment.

3.8 If the Consignee fails to take delivery of the Goods in accordance with Clause 3.7.1 above or the Customer or Consignee fails to collect the Goods or issue instructions upon expiry of the time stated in the notice issued in accordance with Clause 3.7.2 above:
(i) the Company shall be entitled to store and/or arrange storage of the Goods, at its absolute discretion, at the risk and cost of the customer;
(ii) Insofar as the Company arranges any third parties, the Company will act solely as agent for the Customer in arranging such storage and the Company may contract for such storage on any terms whatsoever. However the charges of storage, loading, unloading etc shall be paid by the Customer ;
(iii) Insofar as the Company stores the Goods itself the Goods shall remain at the sole risk of the Customer and the Company shall be under no liability whatsoever for any loss or damage caused to or suffered by the Goods whatsoever and howsoever caused;
(iv) The Customer shall be responsible for any costs or expenses of such storage and/or any Charges raised in relation thereto and, in addition, the Customer shall be responsible for arranging insurance in respect of the Goods; and
(v) The Company shall be entitled to dispose of or deal with (by sale or otherwise as may be reasonable in all the circumstances):
(a) after at least 14 days written notice to the Customer (or, where the Customer cannot be traced and reasonable efforts have been made by the Company to contact any parties who may reasonably be supposed by the Company to have any interest in the Goods, without notice or if the Customer does not respond to the emails or letters of the Company), any Goods which have been stored by the Company (whether such storage be by the Company or arranged by the Company in accordance with Clause 3.8(ii) or (iii) above) for a period of 28 days and which cannot reasonably be delivered as instructed or for which no instructions for delivery are received; and
(b) without notice, any Goods which have perished, deteriorated or altered or are in immediate prospect of doing so in a manner which has caused or may reasonably be expected to cause loss or damage to the Company or any third parties or to contravene any applicable laws or regulations.

3.9 Insofar as the Company deals with Customs authorities it does so as agent for and on behalf of the Customer or the owner of the Goods.

4.1 No insurance shall be arranged by the Company except upon express instructions given in writing by the Customer and accepted in writing by the Company and for the same the quotations are reconsidered and charged separately.

4.2 All insurances arranged by the Company are subject to the usual exceptions and conditions of the policies of the underwriters covering the risks.

4.3 Unless otherwise agreed in writing, the Company shall not be under any obligation to arrange a separate insurance policy on the Goods but may declare it on any open or general policy held by the Company.

4.4 In arranging insurance the Company acts solely as agent for the Customer.

5.1 COD Shipments/ Payment on Delivery Order(D.O)

5.1.1 Where the Company accepts instructions to deliver goods only as against production of payment proof of value of cargo and the original consignee copy of Goods Consignment note / Duly endorsed copy of Master Bill of Lading and delivery order, being produced by the Consignee:
(i) If the Company engages third parties to effect compliance with such instructions, the Company shall accept such instructions as agents only and shall have no liability for the failure of such third parties to carry out such instructions;
(ii) In all other cases, the Company’s liability for failure to collect such cash or equivalent shall be limited to the value of the cash or equivalent which the Company has failed to collect; and
(iii) In consideration of the payment by the Company of any sums for which it is found liable to be paid in the interest of the consignment, the Customer hereby agrees that the Company may recover such sums from the Consignee. The Customer further agrees to provide the Company with all reasonable assistance in pursuing the Consignee for such sums including, but not limited to, an assignment of rights and/or the debt, allowing the Company to bring proceedings in the name of the Customer and the provision of relevant documentation and information.

6.1 The Company shall deal with the Goods which require special handling, security and carriage and also those goods which are of Hazardous nature by making special request to the Company and thereafter the Company shall levy separate charges for dealing and handling of such special goods.

6.2 If the Goods are dangerous/hazardous/prohibited or may become dangerous during the performance of the Services, the Customer shall:
(a) advise the Company in writing before the commencement of the Services of the exact nature of the Goods and of the danger and, if appropriate, any precautions to be taken by the Company in the performance of the Services to ensure that the Goods do not cause harm to any person, property or the environment;
(b) ensure that the Goods, their packaging and any container, trailer or other equipment within which or upon which they are carried is clearly marked and labelled and that such marking and labelling and any packaging is in accordance with any applicable local law or regulations; and
(c) comply with any legislation, conventions or regulations relating to the carriage of such goods or such other Services as are to be performed.

6.3 Unless notice is given by the Customer in accordance with Clause 6.2 above, the Customer warrants that it will not tender for carriage or other Services any Goods which are dangerous/hazardous/prohibited or might become dangerous/hazardous or damaging to either themselves, Goods, property, any person or the environment.

6.4 If, in the Company’s reasonable opinion, the Customer has or may have breached Clauses 6.2 and 6.3 above or the Goods may otherwise pose a risk to health, property or the environment: The following steps shall be taken by the Company :-
(a) the Company may without notice, at the expense and risk of the Customer and without liability to the Company destroy, dispose of, abandon, render harmless or otherwise deal with the Goods in any way in which the Company, in its absolute discretion considers appropriate;
(b) the Customer also hereby undertakes to indemnify the Company from all and any claims, actions, indemnities, liabilities, expenses, losses, damages, costs, penalties or fines arising from or in relation to the Goods, the Services and the Company acting in accordance with Clause 6.4(a) above.

6.5 The Customer further warrants that:-

6.5.1 The description and particulars of the Goods and any information supplied by the Customer (including any information supplied by third parties on behalf of the Customer) is full and accurate;

6.5.2 All Goods are packed and labelled and/or marked in a method which is suitable and appropriate having regard to the nature of the Goods and the anticipated Services to be provided;

6.5.3 Where the Goods are supplied already loaded in a container, trailer or other transport unit, the Goods are properly loaded and stowed and appropriately secured therein (which securing shall include, but not be limited to, the proper use of dunnaging, airbags, straps and webbing) and the container, trailer or other transport unit is in sound condition and suitable for the carriage of the Goods to the intended destination;

6.5.4 Where Goods are stowed on pallets, the pallets are in good order and suitable for the carriage of the Goods to the intended destinations and the Goods are adequately and properly stowed thereon;

6.5.5 The Customer has obtained all necessary permits, licenses or other permissions or documents required of the Customer necessary for the intended carriage of the Goods; and

6.5.6 The Goods do not include contraband, drugs, other illegal substances, stowaways or prohibited or hazardous goods.
6.5.7 The Goods are packed and sealed by the Customer with utmost care and best quality and any loss to the goods due to bad packaging or low quality package shall not be attributed to the Company.

6.6 Temperature Controlled Goods and specific Reefer containers required.

6.6.1 The Customer warrants that if the Goods are to be carried or stored in temperature controlled conditions:
(i) the Customer shall provide the Company with written notice of the nature of the Goods and the temperature range within which the Goods are to be carried or stored at the time of requesting the Services;
(ii) the Goods will be handled on behalf of the Customer at the appropriate temperature and the responsibility of maintaining the said containers shall also pass over to the Shipping Line / assigned Freight Forwarder / Consignee etc. whomsoever had the physical custody of the goods;
(iii) In case of any loss being notified the necessary report of temperature maintenance shall be directly called by the Customer from the Airline/Shipping Line / warehouse where the container is stored / lying / being examined by the Regulatory authorities and necessary notice shall be issued by the Customer to them, under the Carriage Goods by Sea Act / Merchant Shipping Act etc.

6.6.2 Insofar as the container, trailer or other transport unit is supplied by the Customer, the Customer warrants that prior to loading of any Cargo / load, it shall duly verify and satisfy itself in respect of the followings :

(i) it is in good working condition and will remain so throughout the provision of the Services;
(ii) it is suitable for the intended carriage and or storage and has the load bearing capacity / permits / licenses etc ;
(iii) where the Goods have been loaded by the Customer, they have been loaded in such a way as to ensure the proper movement / functioning of the container, trailer or transport unit;
(iv) it has been properly pre-cooled or pre-heated (as appropriate) before loading the Goods; and necessary instructions in writing have to be provided about the manner of transshipment / lifting / shifting / movement etc., and the driver be duly appraised in this regard.

7.1 The Customer agrees not to make any claim against any director, agent or employee of the Company in connection with any Services provided by the Company.

7.2 The Customer shall save harmless and keep the Company indemnified from and against all liability, loss, damage, costs and expenses incurred by the Company (including, but not limited to, claims, indemnities, demands, proceedings, fines, penalties and damages) arising out of:

(i) the Company acting in accordance with the Customer’s instructions whether or not caused or contributed to directly or indirectly by any act, omission, neglect or default on the part of the Company and/or its employees or agents;

(ii) any act, omission or default on the part of the Customer or any breach by the Customer of any of the warranties or terms of these conditions; and

(iii) any claims made against the Company in relation to the Goods. The Customer agrees to provide security for any general average claims to the Company or any other party designated by the Company, both promptly and in a form acceptable to the Company.

7.3 The Customer shall save harmless and keep the Company indemnified from and against all claims, indemnities, liabilities, costs and demands whatsoever, howsoever arising and by whomsoever made or preferred, in excess of the liability of the Company under these conditions.

7.4 The Customer acknowledges that the Company will enter into contracts with sub-contractors and other third parties, including vehicle suppliers / warehouse owners / operators and Shipping Lines / Air Lines/ freight forwarders etc, for the purposes of performing the Services. The Customer agrees to indemnify the Company for any claims, actions, indemnities, liabilities, expenses, damages, costs, claims for equipment demurrage, vehicle detention or other losses arising from or in relation to such contracts unless it can be shown that these were caused solely by
reason of the Company’s act, omission or default.

7.5 The Customer shall save harmless and keep the Company indemnified from and against all claims, demands and actions whatsoever brought or made against the Company for duty or any other tax, including, but not limited to, GST, sales tax or value added tax or similar tax or levy imposed upon the Goods or imposed by reason of the carriage or loss thereof, by any government, governmental or quasi governmental organisation including any claim or demand made against any bond or security provided by the Company in relation thereto.

7.6 Charges and Payment

7.6.1 Unless otherwise stated in writing, any quotations provided by the Company:
(i) Shall be exclusive of any taxes;
(ii) Shall be exclusive of any taxes, levies, imposts, duties or other
such costs or expenses raised upon the Goods; and
(iii) Shall, up to the time of shipment/air freight, be subject to variation to take into consideration increases in fuel charges, currency fluctuations, freight rates, changes in materials or equipment under Clause
3.11 hereof, or other such expenses. If a quotation is so varied, the Company shall advise the Customer as soon as practicable.
(iv) The Company shall be entitled to raise and demand a supplementary Bill, if the earlier Bill due to oversight does not includes the applicable charges and raising of earlier bills for services shall not be construed as a waiver of rights.

7.6.2 Unless otherwise agreed in writing by the Company and subject to Clause 7.6.3 below, all Charges shall be paid by the Customer to the Company within the terms and in the currency shown on the invoice.

7.6.3 The granting of any credit by the Company (including credit terms shown on the invoice) shall be at the absolute discretion of the Company and the same shall be provided by the company explicitly in writing. The Company may, in its absolute discretion, require the Customer to make payment in full or in part immediately upon presentation
of an invoice whether this be before or after the Services have been provided.

7.6.4 Where the Company pays any value added taxes, sales taxes, duties, Customs duty or other taxes for or on behalf of the Customer, the Customer shall reimburse the Company in full immediately upon receipt by the Customer of a written demand . In cases where the Customer deducts TDS towards the services being provided then the copy of the TDS certificates shall be duly provided by the Customers to the Company in due course

7.6.5 The Customer shall pay all sums due to the Company only by way of Cheque / RTGS / NEFT / Pay order or any other banking mode and not in cash or as otherwise agreed without reduction or deferment on account of any claim, counterclaim or set-off. The invoice shall be verified by the Customer and completely settled and paid within the Credit period as and if any provided by the Company to the Customer

7.6.6 If any sum payable by the Customer to the Company becomes overdue, interest will be charged at a rate of 24% per annum of the invoiced amount and shall continue to accrue at such a rate after as well as before any judgment. Furthermore, the Customer shall save harmless and keep the Company indemnified from and against all claims, indemnities, costs, liabilities, expenses, fines, penalties or other losses of whatever nature arising directly or indirectly by reason of such late payment. The Company shall be entitled to adjust the amounts received from the
customer first towards the applicable interest and thereafter towards the principal amount.

7.6.7 If the Customer fails to make any payment on the due date or if the Customer becomes insolvent or goes into liquidation, either compulsory or voluntary (save for the purposes of reconstruction or amalgamation), or if an administrator, administrative receiver or receiver is appointed in respect of the Customer and/or the whole or any part of the Customer’s assets, or if the Customer makes an assignment for the benefit of, or composition with its creditors generally, the cargo lying in the custody of the company shall be charged under LIEN and shall be utilized for the purpose of recovering the applicable dues.

7.6.8 Notwithstanding any agreement by the Company to collect freight, duties, taxes, Charges or any other sums of whatever nature from the Consignee or any other Person, the Customer shall remain liable to pay such sums to the Company.

8.1 The Company has a general lien on all Goods, documents and money held by the Company which may be applied against any account or sums due from the Customer or the owner of the Goods to the Company whatsoever. Without prejudice to the general lien herein, the Company also has a particular lien on all Goods, documents and money held by the Company.

8.2 Upon the Company exercising its lien under Clause 8.1 above, storage charges shall apply to any Goods or documents held subject to the lien. Moreover, other expenses, such as, but not limited to, equipment demurrage and rental charges may accrue. Such storage charges and other expenses shall be for the account of the Customer and the Customer shall indemnify and hold the Company harmless from and against all and any such charges and expenses.

8.3 Upon giving the Customer at least 28 days written notice, the Company may sell, dispose of or otherwise deal with the Goods, documents or money as agents for and at the expense of the Customer and apply the proceeds towards the payment of any sums due from the Customer or the owner of the Goods to the Company and shall further still have the right to recover the outstanding amount if any due after the sale proceeds.

8.4 Upon accounting to the Customer for any balance remaining after payment of any due sums and the costs of and/or associated with the storage, sale, disposal and/or dealing with the Goods, the Company shall be discharged from any liability whatsoever in respect of the Goods or documents.

8.5 The notice period for the sale, disposal or dealing with the Goods in Clause 8.3 above shall not apply where the Goods are likely to perish, deteriorate or damage other Goods or property or if the Company considers them to be a risk to life, health or the environment. In such circumstances, the right to sell, dispose or deal with the Goods in Clause 8.3 shall arise immediately upon the sum becoming due. The Company shall take reasonable steps to notify the Customer or other persons interested in the Goods of its intention to sell, dispose or otherwise deal with the Goods.

8.6 The Company may apply any money held by the Company to the settlement of any sums due from the Customer or owner of the Goods as the Company, in its absolute discretion, considers appropriate. The Company will, after satisfaction of all sums due from the Customer or owner of the Goods, account to the Customer or the owner of the Goods for the balance of any money so held.

9.1 The Company shall, subject to these conditions, be liable for the Customer’s Direct losses arising from a breach of the Company’s obligations under its agreement with the Customer.

9.2 The Company shall not be liable for any loss, damage or claims arising from or in relation to:
(i) act of God;
(ii) consequences of war, invasion, act of foreign enemy, hostilities, civil war, riots, rebellion, insurrection, military or usurped power or confiscation, requisition or destruction of or damage to property by or under the order of any government or public or local authority;
(iii) seizure or forfeiture under legal process;
(iv) breach by the Customer of a warranty or other obligation provided by the terms of these conditions;
(v) any other error, act or omission, misstatement or misrepresentation by the Customer or other owner of the Goods or by servants or agents of either of them;
(vi) inherent liability to wastage in bulk or weight, latent defect or inherent defect, vice or natural deterioration of the Goods;
(vii) insufficient or improper packing, labelling, addressing or, where performed by the Customer, owner of the Goods or servants or agents of either of them, insufficient or improper loading, stowage and securing;
(viii) strike, lockout, stoppage or restraint of labour from whatever cause;
(ix) the effects of extremes of temperature, humidity or other climatic conditions outside those reasonably to be expected during the ordinary course of the anticipated Services;
(x) the condition of any container, trailer or other equipment supplied by or on behalf of the Customer;
(xi) any cause or event which the Company is unable to avoid and the consequences of which the Company is unable to prevent by the exercise of reasonable diligence.
(xiii) packaging of the Goods made by the customer and the consignment delivered to the consignee on ‘said to contain’ basis.

9.3 Where the Company can demonstrate that the loss, damage or claim could be attributable to one of the causes in clause 9.2 above, it shall be presumed that the loss, damage or claim was so caused. However, the Customer shall be entitled to prove that the loss, damage or claim was not so caused.

9.4 Where the Company can demonstrate that the loss, damage or claim arose from or in relation to the carriage of Goods by sea, the Company shall not be liable for any loss, damage, claim or indemnity arising from or in relation to any of the exceptions in Article IV of the Hague Rules as amended by the Brussels Protocol 1968 (The Hague-Visby Rules) as well as under the applicable Acts and rules. The provisions of this Clause shall be in addition to and without prejudice to the Company’s right to rely on the exceptions and limitations within Clause 9.2 above.

9.5 Except under special arrangements agreed in writing by an Executive Board Member of the Company , the Company gives no warranties or undertakings with regard to collection or delivery dates or times and is under no liability whatsoever for failure to adhere to any collection or delivery dates or times.

9.6 The Company shall not in any circumstances be liable for any misdelivery, loss, damage or delay to the Goods whatsoever and howsoever arising which occurs whilst the Goods are outside the custody, control or care of the Company personally or those subcontractors, servants or agents employed by the Company to perform the Services.

9.7 The Company shall not in any circumstances be liable for any consequential loss whatsoever, howsoever arising, including, but not limited to, loss of profits (whether direct or consequential), loss of goodwill, loss of market share, loss of future or anticipated sales, loss of production or factory “downtime”, damages, costs and expenses incurred or payable by the Customer to any third party or any other indirect or consequential loss.

9.8 Any liability of the Company arising from or in relation to a breach of the Company’s obligations under its agreement with the Customer, whether arising in contract, tort, bailment or otherwise, shall be subject to the terms of these conditions.

10.1.1. The Company’s duty of care The Company is liable if it fails to exercise due diligence and take reasonable measures in the performance of the services, in which case it shall be bound to compensate the Customer for loss of or damage to the Goods as well as for direct financial loss resulting from breach of his duty of care.

10.1.2. No liability for third party. The Company is not liable for acts and omissions of third parties, such as, but not limited to, carriers, warehouse man, port authorities, shipping lines and other Freight Company’s, unless the Company has failed to exercise its due diligence in selecting, instructing or supervising such third parties as appointed by the Company.

10.1.3 Exclusions
The Company shall not be liable for loss resulting from delay in delivery of the consignment and any consequential loss or damage arising from such delay.

10.1.4 Assessment of Compensation
(a)Assessment of Compensation for loss of or damage to the consignment shall be made with reference to the value of such consignment at the place where, and time on which, such consignment is delivered to the consignee or at the place and time when in accordance with the said contract it should have been delivered.

(b) The value of the goods shall be determined according to the current commodity exchange price or, if there is no such price, according to the current market price or, if there is no commodity exchange price, or current market price, by reference to the normal value of the goods of the same kind and quality.

(iii) It is the duty of the Customer to lodge and notify its claim immediately and take necessary and protective steps, including seeking necessary permissions from the Court / Regulatory authorities to safeguard its interests. The customer is also required to arrange an IRDA approved surveyor / loss assessor / examiner / investigator, at its costs, expeditiously so that all necessary aspects can be independently verified and all necessary parties shall be informed about the same, so that necessary assistance can be given by them. Failure to do so shall be construed as a
deliberate negligence / lethargic attitude.

The Company shall be liable for any loss of or damage to the Goods, in accordance with the Acts and rules, as applicable in India.

12.1 (a) Where loss or damage to the Goods is reasonably apparent upon delivery, the Consignee or the Customer shall notify the Company in writting of the loss or damage in writing at the time of delivery.
(b) Where loss or damage to the Goods is not reasonably apparent upon delivery, the Consignee or the Customer shall notify the Company of the loss or damage in writing within 3 days of delivery.
(c) Where neither the Consignee nor the Customer notify the Company of any loss or damage in accordance with Clauses 12.1 (a) or (b) above (as appropriate) the fact of the Consignee taking delivery shall be prima facie evidence that it has received the Goods in good order and condition and as described in any consignment note accompanying the Goods.

12.2 Any claim must be notified to the Company, in accordance with the applicable Acts and rules as prevailing in India, which includes Carriage of Goods by Road Act, 2007, Carriage of Goods by Sea Act, 1925, Carriage by Air Act, 1972, Carriers Act, 1865, Multimodal Transportation Act, 1993 and the applicable rules

12.3 If any claim is not notified to the Company in accordance with Clause 12.2 above, such claim shall be waived and absolutely barred unless the Customer can prove that it was impossible for the Customer to comply with the time limit in Clause 12.2 above and that the Customer made the claim as soon as it was reasonably possible for it to do so.

In the event, the Company, under unforeseen circumstances, acts in the best interest of the customer and has incurred extra cost and charges therefore, then such costs and charges shall be borne by the Customer.

The Customer undertakes that no claim shall be made against any partner, director, servant, or employee of the Company, which imposes, or attempts to impose upon them any liability in connection with any services, which are the subject of these Conditions, and if any such claim should nevertheless be made, to indemnify the Company against all consequences thereof

If delivery of the goods or any part thereof is not taken by the Customer, Consignee or Owner, at the time and place when and where the Freight Forwarder is entitled to call upon such person to take delivery thereof, the Freight Forwarder shall be entitled to store the goods or any part thereof at the sole risk of the Customer, whereupon the liability of the Forwarder in respect of the goods or that part thereof stored as aforesaid shall wholly cease and the cost of such storage if paid for or payable by the Forwarder or any Agent or Sub-Contractor of the Freight Forwarder shall forthwith upon demand be paid by the Customer to the Forwarder.

a. This Agreement shall be construed, interpreted and governed by the laws of India and the Courts at Mumbai shall have the jurisdiction with regard to the subject matter of this Agreement.
b. Any dispute, controversy or claims arising out of or relating to this Agreement or the breach termination or invalidity thereof, shall be settled by arbitration in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996 and amendments thereof.
c. A sole Arbitrator shall be appointed by the Company and the Arbitral Tribunal shall duly follow the principles of Natural Justice and Code of Civil Procedure and Indian Evidence.
d. The place of arbitration shall be Mumbai and any award whether interim or final, shall be made, and shall be deemed for all purposes between the Parties to be made, in Mumbai.
e. The arbitral procedure shall be conducted in the English language and any award or awards shall be rendered in English Language. The procedural law of the arbitration shall be Indian law.
f. The award of the arbitral tribunal shall be final, conclusive and binding upon the Parties.
g. The cost of arbitration shall be shared equally between the parties.

All services provided by the Company are subject to these terms and conditions and by giving documents to the Company to handle or store the cargo, the customer acknowledges that it has accepted the quotation / offer and read these standard terms and conditions and agreed to be bound by them. In tendering the shipments to the Company, Customer agrees that the Company shall not be liable for any loss or damage to cargo except as provided under clauses of these Standard Terms and Conditions.