This shipment is accepted by MAK Express by its employees and agents referred to collectively hereinafter as "ME", subject to the terms and conditions set out hereunder.
This shipment is accepted by MEsubject to the terms and conditions as set out hereunder:
1.1. The ME Waybill is non negotiable and the shipper acknowledges that it has been prepared by the shipper or by MEon behalf of the Shipper.
1.2. The responsibility of ME for a shipment accepted under a Waybill ceases when the consignee acknowledges the receipt of the shipment by affixing his signature on the Return to Origin copy and/or the delivery sheet.
1.3. All shipments under the Waybill are carried at Owner's risk.
2.SHIPPERS OBLIGATION AND ACKNOWLEDGEMENT
2.1. By tendering materials for shipments via MEit is deemed that the shipper agrees to the terms and conditions stated herein.
2.2. The Shipper warrants that he is the owner or the authorized agent of the owner of the goods transported hereunder and that the shipper hereby accepts ME terms and conditions for itself and/or as an agent for and on behalf of any other person having any interest in the shipment.
2.3. The shipper warrants that each article in the shipment is properly described on this Waybill and it does not contravene the provisions of the Indian Post Office Act or any other law for the time being in force and has not been declared by ME to be unacceptable for transport as specified under Section 12 below and that the shipment is properly marked and addressed and packed to ensure safe handling.
2.4. The shipper shall be solely liable for all costs and expenses (which shall without limitations include Octroi, state and local taxes and import duties) related to the shipments and for costs incurred either in returning the shipment to the shipper or warehousing the shipment pending such return.
2.5. The Shipper accepts the condition that the shipment is being carried by ME from point of rendering only up to the address shown on this Waybill 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 MEfor such rerouting/redirection/return as per the normal schedule of MEas also any Octroi, custom duties, warehousing charge, freight charges State Local Taxes and import duties etc. applicable thereon. MEwill hold such shipments at Destination mentioned on the Waybill for the maximum period of 10 days form the date of shipment. Thereafter, MEreserves the right to destroy the shipment without informing the shipper and the shipper shall indemnify MEagainst any claim or liability.
2.6. Packing of the material rendered for the shipment is the responsibility of the shipper including placement of such materials inside the containers supplied by ME, if any, notwithstanding anything else in these terms and conditions.
3. EE RIGHT OF INSPECTION OF SHIPMENT
3.1. MEhas the right but not the obligation to open and/or inspect the shipment.
3.2. MEreserves the right to refuse shipments for not conforming to these terms and conditions without assigning any reasons whatsoever.
4.1. While MEhas developed a sophisticated tracking system for all shipments carried in its network and has experienced manpower to handle all shipments, THE SHIPPER may, if he so desires insure his shipments at his own costs.
4.2. MEcan arrange insurance of shipment on behalf of the shipper for the declared value of goods in respect of loss of or physical damage to such shipments. MEshall be only responsible for the administrative facilitation and arrangement of the Insurance policy. The said policy will be subject to the following terms and conditions
I. Shipper shall pay Freight on Value to MEwhich will include applicable premium on the declared value and service charges of ME.
II. 'Shipments Insurance'does not cover any indirect loss or damage, or loss or damages caused on account of any delays in delivery of shipments
III. Loss or damage to the shipment shall be notified by the shipper/consignee to MEimmediately. The settlement of the claim shall be as per the assessment by the Surveyor appointed by the Insurance Company and shall be binding on the Shipper. Any difference between the amount claimed by the shipper and the actual settlement shall be borne by the Shipper and MEwill not be held liable under any circumstances.
IV. Notwithstanding anything slated hereinabove no claim shall be entertained under the Insurance Arrangement, if freight together with FOV charges are not paid by the shipper / consignee to ME.
All taxes such as Octroi, custom duties, warehousing charges, freight charges and other statutory payments levied on the shipments are to be borne by the Consignee and in his absence the same will be borne by the SHIPPER. MEwill not extend any credit for octroi, custom duties, port charges, warehousing charges, freight charges and other statutory charges.
6.1. Every shipment shall be charged by its chargeable weight as defined hereunder and not the actual weight. The chargeable weight shall be higher of (a) the actual weight rounded off to the next higher half kg. or one kg. as per the rate category agreed to or (b) the volume weight similarly rounded of as in (a) above
6.2. Volume weight of the shipment in kg. is its gross cubic cms i.e. Length x Width x Height divided by 5000.
7.LIEN ON GOODS SHIPPED
7.1. THE SHIPPER acknowledges ME's right of lien on its shipments for any outstanding freight, any other applicable charges, Central, State and local taxes, duties, levies, advances arising out of transportation and warehousing services, whether pertaining to past or present outstanding, in respect of any or all shipments carried under this Contract and may refuse to surrender possession of the shipments until all such charges are paid.
7.2. Further, if such charges are not paid to MEwithin 10 days, then MEmay store the goods at defaulting Shipper’s/ Consignee’s own risk, including the warehousing charges and demurrage accruing thereon.
7.3. MEfurther reserves its right to sell the goods by public auction, tender, private agreement or otherwise or even destroy the goods without prejudice to ME's other legal remedies to recover its costs, charges and expenses, if the charges as indicated aforesaid are not paid by the SHIPPER/ CONSIGNEE within 10 days.
7.4. MEdoes not carry any perishable goods. However, in case of perishable goods, MEshall have the right to dispose off/sell the goods immediately and without any notice and the shipper shall keep MEindemnified against all claims, charges and expenses incurred by MEdue to such perishable goods entering into the network of ME.
7.5. If consignee refuses delivery or to pay on delivery, or the Shipment is deemed to be unacceptable, or it has been undervalued for customs/octroi purposes, or consignee cannot be reasonably identified or located, MEshall 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 MEwithout incurring any liability whatsoever to the Shipper or anyone else. The proceeds shall be applied against service charges and related administrative costs and the balance of the proceeds of a sale to be returned to Shipper after adjusting outstanding dues, if any.
8. LIMITATION OF LIABILITY
8.1. Without prejudice to Section 9 and 10, the liability of MEfor any loss or damage to the shipment (which term shall include all documents or parcels consigned through ME) shall be the lowest of (a) Rs.5,000/- or (b) The amount of loss or damage to the document or parcel actually sustained for shipments which are not insured as mentioned below and the actual value of the document or parcel so determined will be without regard to the commercial utility or special value to the shipper
I. The actual value of the document or parcel shall be ascertained by reference to the cost of preparation or replacement/reconstruction value at the time and place of shipment but under no circumstances shall exceed Rs.5,000/-
II. The actual value of a parcel (which term shall include any item of commercial value which is transported hereunder) shall be ascertained by reference to its cost by repair or replacement/resale or fair market value not exceeding the original cost of the article actually paid by the shipper subject to and within overall limit of Rs.5,000/-
8.2. In the event of any loss or damage to shipments, which are insured by the shipper, MEmay at the request of the SHIPPER, issue loss/damage/shortage Certificate with the sole purpose of enabling the SHIPPER to lodge insurance claim with its Insurance Company. The SHIPPER agrees and acknowledges that the Loss/shortage/damage Certificate will be issued by ME, without admission of any claim, and that MEshall be discharged of all liabilities, if any, arising out of the shipment on acceptance of the Loss/damage/shortage certified by the Shipper.
8.3. In case of services such as, DOD/FOD etc. offered by ME. MEwill not be held liable for any civil and/or criminal proceedings as regards any contractual obligations and payment terms between the Shipper and the consignee. In the event of any default in payment on the part of consignee, the shipper will not hold Mak
Express responsible for the same in any manner whatsoever. Mak Express merely carries the instrument under the authorization conferred by the Shipper and cannot be challenged by the Shipper for the authenticity of such payment made
9. CONSEQUENTIAL DAMAGES EXCLUDED SHALL NOT BE LIABLE IN ANY EVENT FOR ANY CONSEQUENTIAL OR SPECIAL DAMAGES OR OTHER DIRECT OR INDIRECT LOSS, HOWSOEVER, ARISING WHETHER OR NOT MEHAS KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, PROFITS, INTEREST, UTILITY OR LOSS OF MARKET.
10. LIABILITIES NOT ASSUMED
10.1 In particular, MEwill not be liable for any loss and damage to the shipment or a delay in picking up or delivering shipment if its is:
(a) Due to acts of God, force majeure occurrence of any cause reasonably beyond the control of MEor 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 MEfor the goods that are carried by ME
) Caused by:
(i) The act, fault or omission/commission of any act 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) Carriers such as Airlines or Airways 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 defective characteristics or inherent vice therein.
(v) Electrical or magnetic injury erasure or other such damages to Photographic images or recording in any form.
10.2.Notwithstanding what is stated above, whilst MEwill endeavour to exercise its best efforts to provide expeditious delivery in accordance with its regular delivery, MEWILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR DELAY IN PICK UP, TRANSPORTATION OR DELIVERY OF ANY SHIPMENT REGARDLESS OF CAUSE OF SUCH DELAYS.
10.3.No liability is assumed for any errors and/or omissions in any information/data, which is imparted in respect of the shipment travelling under the Air Waybill.
10.4.The shipper indemnifies MEagainst loss, damages, penalties, actions proceedings etc. that may be instituted by any Government officials in discharge of their official duties including but not limited to Customs/Taxation/Octroi inspection etc.
11.1. Any claim must be brought by the shipper and delivered, in writing to the office of MEnearest to the location at which the shipment is accepted within 30 days from the date of such acceptance. No claim can be made against MEbeyond this time limit.
11.2. 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 any transportation charges owed to ME
12.MATERIALS NOT ACCEPTABLE FOR CARRIAGE
MEwill not carry materials as under:
i)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.
ii)Not permitted by the laws/ rules/ restrictions in force or no customs declaration is made when required by applicable customs regulations and/or any other relevant laws;
iii)Any items notified by MEto be restricted and / or banned and / or dangerous and / or prohibited from time to time (such items including but are not limited to animals, bullion, currency, bearer from negotiable instruments, precious metals and stones, firearms or part thereof and ammunition, human remains, pornography and illegal narcotics/drugs). Details available in all Mak Express offices on request and also available on the website www.MAK EXPRESS.in
NOTE:ALL DISPUTES & CLAIMS ARE SUBJECT TO CHENNAI JURISDICTION.