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Terms & Condition

Conditions of Carriage

TIRUPATI LOGISTICS, CONDITIONS OF CARRIAGE FOR INDIA EFFECTIVE FROM June 1, 2015.

Registered Office: 208, Sakar Complex, near Super Bakery, new VIP road, Vadodara 390019, Gujarat India.

PAN Card no. ABPPG1871R

Important Notice 
These Conditions of Carriage EXCLUDE LIABILITY on the part of Tirupati Logistics (hereinafter collectively referred to as “TL”) and its employees or agents for loss and damage in certain circumstances; LIMIT LIABILITY to stated amounts where liability is accepted and REQUIRE NOTICE OF CLAIMS within strict time limits. Consignor or Consignee (hereinafter collectively referred to as “shipper”) should note these Conditions carefully and where necessary obtain insurance cover in order to protect their interests. Tirupati Logistics is not a common carrier and accepts LTL or FTL (hereinafter referred to as “shipments”) for carriage upon that condition and the Conditions set out below.

 

1. Application

1.1. These Conditions apply to the carriage of shipments from and between specified locations within the territory of India, utilizing the following services: Light Load, Bulk Load, Trailer Load, Import-Export, Project Cargo, and Multimode Transport. These services may be modified from time to time.

1.2. These Conditions represent the entire agreement between the parties and shall prevail over, exclude and supersede any other terms or conditions, oral or written, whosesoever appearing or made and, in particular, any terms or conditions sought to be incorporated by the shipper or any other written or oral statements concerning these Conditions. The shipper confirms that he does not rely upon or claim any other terms, warranties, conditions or representations relating to the use of the services.

1.3. These Conditions supersede all previous published terms and conditions of TL. TL reserves the right to unilaterally modify, amend, change or supplement these Conditions without notice. These Conditions are published in printed form and electronically at http://www.tirupatilogistics.com/terms-condition/. These Conditions supplement and detail the key terms and conditions on the lorry receipt. In case of conflict between these Conditions and the terms and conditions on any manifest, transportation label or other transit documentation, these Conditions shall prevail.

1.4. These Conditions shall not be overridden or varied or added to except by express agreement in writing by a representative of TL having the express written authority to do so.

2. Representations & Warranties of the Shipper

2.1 The shipper represents and warrants that:
(a) the shipper is the owner or the authorized agent of the owner of the goods entrusted to TL for carriage;
(b) the shipper shall be responsible for complying with all legislation applicable to the shipment, including central, state or local tax legislation, and shall furnish all documents as required under all such legislation.
(c) the information contained on the lorry receipt is true and correct and the shipment and each item/article in the shipment is properly described in the lorry receipt/waybill, invoice and other transit documents, if any, and conforms accurately to the actual contents of the shipment and does not contravene the provisions of the Indian Post Office Act, 1898 or any other law for the time being in force;
(d) the shipment does not contain any items the carriage of which is restricted or prohibited hereunder;
(e) the shipment is properly marked, addressed and packed to ensure safe handling;
(f) if required, the shipper shall furnish such information and such documents to TL as are necessary to meet the formalities under the respective local laws of the States through which the goods are likely to pass en route to destination. TL shall be under no obligation to enquire into the correctness or sufficiency of such information or documents.

2.2. By tendering the goods for carriage to TL, the shipper is deemed to have accepted these Conditions for himself/itself and/or as an agent for and on behalf of any person having any interest in the shipment.

2.3. The shipper agrees to pay the freight charges, service tax and other surcharges payable on the shipper.

3. Routing and Delivery

3.1. TL delivers to the recipient at the address indicated on the lorry receipt, or to someone other than the person or entity named on the lorry receipt having apparent authority to accept the shipment in the name and on behalf of the recipient. There is no obligation to deliver a shipment to the recipient personally and TL may deliver to someone other than the person named in the lorry receipt or to a person who produces a copy of the lorry receipt.

3.2. TL reserves the right to route a shipment in any way it deems appropriate, using multi-modal transportation according to its own handling, storage and movement methods and plans and by use of its business associates, co-loaders, co-couriers, franchisees or other Agents.

3.3. Sunday/holiday pick-up or delivery, if available, will be subject to a special handling fee.

3.4. TL reserves the right to refuse, hold, cancel, postpone or return any shipment at any time if such shipment would in the opinion of TL be likely to cause damage or delay to other shipments, goods or persons, or the carriage of which is prohibited by law or is in violation of any of these Conditions. The fact that TL accepts a shipment does not mean that such shipment conforms to applicable laws and regulations or to the present Conditions.

4. Waybill

4.1. TL issues a non-negotiable lorry receipt duly acknowledging the receipt of the shipment from its shipper. The shipper acknowledges that the lorry receipt has been completed by the shipper or by TL on behalf of the shipper. The shipper shall ensure that the lorry receipt provided by TL is signed by a person authorized to sign it on behalf of the shipper and the shipper will be bound by the signature of such person on the lorry receipt. The lorry receipt shall be prima facie evidence of the conclusion of the contract, of the acceptance of the goods and of these conditions of carriage.

4.2. The shipper shall be responsible for the correctness of the particulars and statements relating to the goods inserted by the shipper or on its behalf in the lorry receipt.

4.3. The lorry receipt shall be prima facie evidence of the weight or measure and other particulars of the goods and the number of packages stated therein. However; particulars relating to the quantity, volume and condition of the goods shall not constitute evidence against TL except so far as they have been and are stated in the lorry receipt to have been checked by TL in the presence of the shipper.

5. Duties & Taxes

5.1. The freight charges are only for the carriage of the shipment from origin to destination and are exclusive of any levies, duties and taxes that may be applicable to the shipment, from time to time, either at origin, en route or destination. Such levies, duties and taxes shall be payable by the recipient at the time of delivery of the shipment. Estimates of the applicable duties and taxes shall not be provided by TL.

5.2. TL may, at its sole discretion, elect to advance any duties and taxes payable in respect of any shipment against levy of a fee or charge therefor.

5.3. Regardless of any payment instructions or provisions to the contrary, the shipper shall always remain ultimately liable for payment of all costs, charges and expenses (which shall without limitation include octroi, state and local taxes and imposts) related to the shipment and for costs incurred either in returning the shipment to the shipper or warehousing the shipment pending such return.

7. Chargeable Weight

7.1. Every shipment shall be charged by its chargeable weight, as defined hereunder, and not the actual weight. The chargeable weight shall be the higher of:
(a) the actual weight rounded off to the next higher half MT or one MT as per the rate category agreed to, or
(b) the volumetric weight similarly rounded off as in (a) above.

7.2. TL shall be entitled to charge on the actual weight or volumetric weight of the shipment, as the case may be, if it is greater than the weight declared by the shipper on the lorry receipt or other delivery document.

8. Payment

8.1. The shipper shall pay all invoices, charges, expenses or sums of whatever nature submitted by TL by cash or by “account payee” cheque or as otherwise agreed in favour of TL immediately when due without reduction or deferment on account of any claim, counter claim or set-off.

8.2. TL must be notified in writing of any queries relating to the invoices within 7 days of receipt of the invoice, failing which the invoice shall be deemed to have been accepted as correct and TL will have no liability whatsoever.

8.3. The proof of delivery or other alternate documentation evidencing delivery of the shipment will be furnished provided a request in that behalf is made within 90 days of booking of the shipment but under no circumstances will be a pre-condition for payment of our bills.

8.4 Interest at the rate of 18% per annum shall be payable on all overdue invoices.

8.5 TL shall be entitled to withhold services if the invoices are not paid with accrued interest within 30 days of receipt of a notice in that behalf. After settlement of the outstanding dues, TL may, at its sole discretion, decide to resume services to the shipper.

8.6. Payment for Collect on Delivery Shipments:
(a) TL may agree to collect the invoice value for a shipment from a recipient at the request of the shipper and remit said invoice value to the shipper on a Collect on Delivery (COD) basis. The shipper agrees that it shall not withhold, deduct or adjust the payments due to TL under an invoice raised by TL for the carriage of any shipment under these Conditions due to delay or failure or any other issue with respect to remittance of any COD amount by TL.
(b) TL shall be entitled to withhold any COD amount if any invoice is not paid by the shipper in accordance with these Conditions, until such dues are paid and without prejudice to TL’s other legal remedies to recover its costs. TL shall be entitled, after giving seven (7) days’ notice to the shipper, to deduct/adjust the withheld COD amount from the outstanding dues payable by the shipper to TL. Upon accounting to the shipper for any balance remaining after payment of any sums due to TL, TL shall be discharged of any liability whatsoever in respect of the shipment and the COD service. After settlement of the outstanding dues, TL may, at its sole discretion, decide to resume services to the shipper.
(c) The shipper agrees to indemnify TL in respect of any claim for any taxes, duties, penalties or interest, or similar, imposed by any state, local or central authority arising out of the collection of any COD amount.

9. Labeling & Packing

9.1. Each package within a shipment must be legibly and durably marked with the full name and complete postal address with the PIN Code and telephone number of both the shipper and the recipient. TL shall not be liable for non-delivery on account of incomplete or erroneous address being furnished by the shipper.

9.2. It is the shipper’s obligation to ensure that all shipments entrusted to TL for carriage are prepared and packed adequately to ensure safe carriage with normal care in handling. Any article susceptible to damage as a result of any condition which may be encountered during handling or transportation by air, railway or road must be adequately protected by the shipper by proper packaging and TL shall not be liable for any damage or shortages occurring as a result of improper packing.

10.Inspection of Shipments

10.1. TL may, at its option, or upon the request of the competent authorities, open and inspect any shipment at any time, and shall incur no liability of any kind therefor.

10.2. In accordance with applicable regulations, X-ray screening of shipments may be undertaken and the shipper and the recipient hereby waive any possible claims against TL for damages as a result thereof.

10.3. TL shall not be liable in any circumstances for any claim, which relates to seizure or detention of goods in the course of transit by revenue, law enforcement or other government authorities.

11. Undelivered or Unclaimed Shipments

11.1. A shipment shall be considered to be undeliverable if (i) the recipient’s address is incomplete, illegible, incorrect or cannot be located, (ii) the recipient fails or refuses to accept delivery or sign or pay for delivery of any shipment (iii) the shipment would likely cause damage or delay to other shipments or goods, or injury to persons, (iv) the shipment contains prohibited items, (v) the shipment’s contents or packaging are damaged to the extent that re-wrapping is not possible, (vi) the shipment is detained or otherwise unable to clear local or State boundaries, (vii) if a recipient of a Collect on Delivery (COD) shipment fails or refuses on such delivery to pay the COD amount.

11.2. In case a shipment remains undeliverable or unclaimed, TL shall serve a notice by registered mail upon the recipient or upon the shipper, if the recipient is not available, requiring him to remove the goods within a period of fifteen (15) days from the date of receipt of the notice and in case of failure to comply with the notice, TL shall have the right to sell such shipment without any further notice to the recipient or the shipper, as the case may be without incurring any liability whatsoever to the shipper or recipient or anyone else. TL shall, out of the sale proceeds so received, be entitled to retain a sum equal to the freight, storage and other charges due including expenses incurred for the sale and the surplus, if any, from such sale proceeds shall be returned to the recipient or shipper, as the case may be.

11.3. In case a shipment remains undeliverable or unclaimed in accordance with Conditions 11.1. (vii) Above, TL shall not deliver the shipment to the recipient and shall return the shipment to the shipper at the location where the shipment was first picked up. In this event, the shipper will be liable to make all payments for carriage of the shipment and its return

12. Liabilities not assumed

12.1. TL will not be liable in any event for consequential or indirect losses or damages, including but not limited to loss of income or profits etc.

12.2. TL shall not be liable for damages sustained in the event of destruction or loss of or damage to any shipment arising from causes beyond its reasonable control including but not limited to :- (a) an Act of God; (b) any consequences of war, armed conflict, invasion, act of foreign enemy, hostilities (whether war or not), civil war, riot, rebellion, insurrection, military or usurped power or confiscation, acts of terrorism, requisition or destruction of or damage to property by or under the order of any government or public or local authority, strike, lock-out, general or partial stoppage or restraint of labor from whatever cause; (c) seizure or forfeiture under legal process; (d) error, act, default, omission, mis-statement or mis-representation by the shipper, recipient or other owner of the goods or by servants or agents of either of them; (e) the violation of any of the terms and conditions contained on the Waybill or these Conditions, tariff or other terms and conditions applicable to the shipment including, but not limited to the incorrect declaration of the goods, improper or insufficient securing, marking or addressing of the shipment, defective packing by a person other than TL; (f) the loss of or damage to articles packed and sealed in packages by the shipper, provided that the seal is unbroken at the time of delivery and the Package retains its basic integrity; (g) the erasure of data from or the loss or irretrievability of data stored on magnetic tapes, files or other storage media, or erasure or damage of photographic images or soundtracks from exposed film; (h) TL failure to honor “package orientation” graphics (e.g., “UP” arrows, “THIS END UP” markings); (i) TL’s failure or inability to attempt to contact the shipper or recipient concerning incomplete or inaccurate address, incorrect or incomplete documentation or non-payment of duties and taxes necessary to release a shipment; (j) loss of or damage to any Package for which TL has no record of receipt; (k) the act, default or omission of any public authority carried out in connection with the entry, exit or transit of the goods; (l) accidents to vehicles and other conveyances carrying the shipments; (m) flight delays; (n) refusal by recipient to accept the shipment or to give proper acknowledgment of receipt thereof; (o) inherent defect, quality or vice of the goods.

14. Declared Value & Limits of Liability

14.1. The liability of TL for any loss or damage to any shipment shall be the lowest of: (a) INR1,000/- in case of LTL consignment and INR5,000/- in case of FTL consignment, or (b) The amount of loss or damage to the shipment actually sustained or (c) The actual value of the shipment as determined, without regard to the commercial utility or special value to the shipper.

14.2. The Declared Value for Carriage cannot exceed the invoice value.

14.3. Any declaration of a value in excess of the maximums allowed by TL is null and void. TL’s inadvertent acceptance for carriage of any shipment bearing a declared value in excess of the allowed maximums does not constitute a waiver of any provision of or limits as to such shipment.

14.4. If the Declared Value for Carriage or Invoice Value for a shipment exceeds the authorized limits, such value shall automatically be reduced to the authorized limits for such shipment.

14.5. The actual value of a shipment (which term shall include any item of commercial value which is carried hereunder) shall be ascertained by reference to the cost by repair or replacement/resale or fair market value not exceeding the original cost of the article actually paid by the shipper, always within the overall limit of INR 1,000/- in case of LTL consignment and INR 5,000/- in case of FTL consignment.

15. Insurance

15.1. TL does not provide insurance cover and the shipper may insure the shipments entrusted for carriage to TL at his own cost and expense.

15.2. TL can arrange for insurance of a shipment on behalf of the shipper for the declared value of the goods in respect of loss of or physical damage to such shipments. However, in such event, TL shall be responsible only for the administrative facilitation and arrangement of the insurance policy.

15.3. The said insurance cover will be obtained subject to the following terms and conditions:
15.3.1. The shipper shall pay Freight on Value to TL, which will include the applicable premium payable to the insurance company on the declared value and the service charges of TL
15.3.2. The insurance shall not cover any indirect loss or damage, or loss or damages caused on account of any delays in delivery of shipments;
15.3.3. Any difference between the amount claimed by the shipper and the amount paid by the insurance company shall be borne by the shipper and TL will not be liable for payment of the said sum under any circumstances.
15.3.4. Notwithstanding anything stated hereinabove, no claim shall be entertained if the freight charges together with FOV charges are not paid by the shipper or recipient to TL.

16. Shipper’s Indemnities to TL

16.1. The shipper shall indemnify TL against all claims, demands, proceedings, fines, penalties, damage, costs and expenses suffered by TL or by any other person to whom TL is liable by reason of:
16.1.1. any irregularity, incorrectness or incompleteness of the particulars and statements or by the absence, insufficiency or irregularity of any information or documents furnished by the shipper or other owner of the goods or any servant or agent or either of them;
16.1.2. Insufficient or improper packaging, labeling or addressing of the goods;
16.1.3. All claims and demands whatever by whomsoever made in excess of the liability of TL under these Conditions;
16.1.4. All losses suffered by and claims made against TL arising out of the carriage by TL of items not acceptable for carriage, including Dangerous and Prohibited Goods, whether or not declared by the shipper as such;
16.1.5. All claims made upon TL towards taxes, duties, penalties and interest.

18.Claims

18.1. Claims for Damage or Delay: All claims for damage or delay must be notified in writing to TL within ten (10) calendar days after delivery of the shipment, failing which no action for damages may be brought against TL. Receipt of the shipment by the recipient without written notice of damage on the delivery receipt is prima facie evidence that the shipment was delivered in good condition. As a condition for TL considering any claim for damage, the recipient must make the contents, original cartons and packaging available for inspection by TL and must be retained until the claim is concluded. TL reserves the right to inspect the damaged shipment on the shipper’s or recipient’s premises and to retrieve it for inspection at a TL associates Branch. TL shall be entitled to require proof in respect of any claim that the goods were undamaged when transit commenced.

18.2. Claims for Loss: All claims for loss must be received by TL in writing within thirty (30) calendar days after the shipment is accepted by TL.

18.3. TL will only accept claims filed by the shipper unless the shipper provides written permission to TL to accept the claim of the recipient.

18.4. Where a shipper has made a claim in writing in respect of loss, damage or delay to a shipment and TL has requested documentation and / or information in support of such claim, such information must be provided to TL within 90 calendar days failing which any claim will be deemed withdrawn.

18.5. No claim for loss, damage or delay will be entertained until all invoices and charges have been paid. The amount of any such claim will not be deducted from any dues owed to TL.

20. Items Prohibited For Carriage

20.1 The following items are prohibited for carriage:
20.1.1. Items classified as hazardous material, dangerous goods, articles prohibited or restricted by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), BCAS (Bureau of Civil Aviation Security of India) or other government or regulatory agencies, including;

Explosives (eg: Arms, Ammunition, Fireworks, Flares, Gunpowder, Airbag Inflators, etc.)

  1. Gases (eg: Aerosol, Hairspray, Lighters, Fire Extinguisher, Pressurized Gas Cylinders, etc.)
  2. Flammable Liquids (eg: Alcohol, Acetone, Cosmetics, Fuel Products, Paint, Varnish, any liquid with a flash point of 60ºC or less, etc.)
  3. Flammable Solids (eg: Sodium, Potassium, Calcium, Calcium Carbide, Phosphorous, etc.)
  4. Oxidisers and Organic Peroxides (eg: Oxygen Generators, Fertilizers, Weed Killers, Sodium Chloride, Ammonium Chloride, etc.)
  5. Toxic and Infectious Substances (eg: Insecticides, Pesticides, Cyanides, UN2814, UN2900, etc.)
  6. Radioactive Materials (or finished goods containing same) (eg: Cobalt, Caesium, Fluorine, Iridium, Thorium, Uranium, etc.)
  7. Corrosive Substances (eg: Acids and Alkalis, Mercury, Lead Acid Batteries, Bleaching Agents, etc.)
  8. Miscellaneous Substances (eg: Magnetized Materials, Dry Ice, Environmentally hazardous substances, Asbestos, Lithium Batteries, Motor Vehicles, etc.)

Note: Certain substances may be accepted to certain destinations depending upon the service option used and subject to the agreement of TL. For details, contact TL Customer Service.

20.1.2. Items the carriage of which is prohibited by any law, statute or regulation;

20.1.3. Items requiring TL to obtain any special license or permit for transportation;

20.1.4. Packages that are wet, leaking or emit an odour of any kind;

20.1.5. Human Corpses; Organs or Body Parts; Cremated or disinterred human remains; Pre-natal sex determination kits;

20.1.6. Pornography and /or obscene material;

20.1.7. Wet ice (Frozen Water);

20.1.8. Animals and Insects, Livestock, Fish;

20.1.9. Plants and Plant materials;

20.1.10. Narcotics and Psychotropic substances;

20.1.11. The following foodstuffs:

  1. Foodstuffs not having the original packaging of the manufacturer;
  2. Foodstuffs in liquid or semi-solid form, such as Bottled Water, Juices, Milk, Beverages, Spirits,Jams, Jelly, Sauces, Canned Food, etc;
  3. Foodstuffs vulnerable to changes in temperature and moisture, such as Salt, Butter, Cheese, Chocolates, Candies, Fresh Fruits (other than mangoes), vegetables;
  4. Foodstuffs requiring refrigeration, such as ice creams & frozen foods;
  5. Foodstuffs having a shelf life of less than 30 days, such as fresh meat, fish, sweets made of milk, bread, cakes/pastries and other confectionery and bakery;
  6. Foodstuffs that undergo a change in their volume, weight, size, shape or form;
  7. Foodstuffs packed in glass containers, such as coffee powder, pickles, etc;
  8. Perishable food articles and substances requiring refrigeration or other environmental control.

20.1.12. Any items as may from time to time be notified by TL to be restricted and/or banned and/or dangerous and/or prohibited for carriage. Such items include but are not limited to: precipitates; gold and silver ore; bullion; precious metals and stones; jewellery; semi-precious stones including commercial carbons or industrial diamonds; currency (paper or coin) of any nationality; securities (including stocks and bonds, share certificates and blank signed share transfer forms); coupons; stamps; negotiable instruments in bearer form; cashier’s cheques; travellers’ cheques; money orders; passports; credit/debit/ATM cards; antiques; works of art; lottery tickets and gambling devices; contraband; fragile glassware; crockery; bone china; Indian Postal Articles; Philately Items; Alarm devices; Anti-freeze; Activated SIM cards; replicates of fire arms, knives and other replicate weapons.

20.1.13. Anything dangerous or obnoxious or which may cause inconvenience to passengers and all such goods which are prohibited for carriage under the Indian Aircraft Rules 1934.

20.1.14. Shipments to post office box addresses.

20.2. Dangerous Goods (DG) are restricted. It is shipper’s responsibility to confirm if a commodity is DG or not. Non-Hazardous Chemicals may be accepted for carriage provided they are not prohibited by BCAS (Bureau of Civil Aviation Security) and subject to the agreement of TL.

20.3. The contents of this Section 20 are only indicative and not exhaustive and shipments prohibited by law should not be tendered. Any items notified by the Government as restricted or prohibited under any law shall stand incorporated herein, as the case may be, as and when notified from time to time.

20.4. Additional restrictions may apply depending upon destination and service and service option used and various regulatory and customs clearances may be required for certain commodities, therefore extending the transit time. TL reserves the right to reject Packages based upon these limitations or for reasons of security or safety. TL shall be entitled to charge an administrative fee for Packages rejected and for the costs of returning goods, where applicable, to the shipper.

20.5. The Money Back Guarantee (see Section 13) is not applicable to items prohibited for carriage.

20.6. The shipper shall be solely liable for all costs and consequences arising out of the carriage of the items mentioned in this Section 20. TL excludes all liability for shipments containing such items howsoever accepted (including acceptance by mistake or under notice).

21. Lien on Goods Consigned

TL shall have a general lien on all goods in its possession, custody or control for any monies whatsoever due from the shipper or owner of the shipment and such general lien shall extend to all freight charges, octroi duties and taxes, advances, or any other charges of any kind arising out of transit hereunder. TL shall be entitled to detain any shipment until such dues are paid and, without prejudice to TL’s other legal remedies to recover its costs, charges and expenses, shall be entitled, after giving fourteen (14) days’ notice to the shipper, to sell the goods by public auction, tender, private agreement or otherwise or even destroy the goods as Agent for and at the expense of the shipper and apply the proceeds in or towards the payment of such sums. Upon accounting to the shipper for any balance remaining after payment of any sums due to TL and any costs of retention, insurance and sale or disposal, TL shall be discharged of any liability whatsoever in respect of the shipment.

22. Non-Waiver

Any failure by TL to enforce or apply a provision of these Conditions does not constitute a waiver of that provision and does not otherwise impair TL’s right to enforce such provision.