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T & C - Digital CN

1)  Definitions:

  1. “Delivery” means tendering of a consignment to a recipient or intimation about arrival of the consignment to a recipient at the destination.

  2. “SMAP” means SMAP Express or any of its channel partners or authorized representatives.

  3. “Parties” means and includes Sender & Recipient or their authorized representatives.

  4. “Sender” means the person or organization tendering a consignment to SMAP for delivery and “Recipient” means the person or an organization entitled to receive the consignment.

  5. “Shipment” or “Consignment” means a document or a non document booked under a consignment note by the parties irrespective of the number of packages, value, commodity etc.

  6. “Freight” means the transportation charges alone, and it excludes taxes and any specific charges applicable for any value added services.

  7. “Declared value for carriage” shall mean the value assigned by the sender for the purposes of unrecoverable damage to or loss of consignment while the same is in the custody of SMAP. “Declared value for Carriage” shall be applicable when the sender insures the goods externally and choosing “Owner Risk” and also when the consignment is at “Carrier Risk”.

2) The Parties confirm that this Consignment Note is prepared either by the Sender or by a SMAP staff acting as agent under the instruction of the Parties and its contents are binding on the Parties.

3) The consignment note is issued strictly based on the declaration given by the parties at the time of booking. The Parties shall remain solely liable for any consequences arising out of any false or wrongful declaration.

4) The sender shall provide complete address of sender and recipient along with valid contact telephone numbers and correct Postal Index Number (PIN code). Any service failure arising out of any defect in such details shall be at the sole responsibility & risk of the parties.

5) The Parties agree that the services undertaken by the SMAP under this Consignment Note are conditional on the Parties making payment of freight and all other charges payable in respect of the consignment.

6) The Parties shall pay all such payments as may be required to be made to statutory bodies or Municipal or State/Central Government agencies with respect to any Consignment during transit or at the time of delivery.

7) If any discrepancy in weight is found post acceptance of a consignment and if the actual weight or volumetric weight is greater than the declared weight, then the differential applicable charges shall be collected from the Parties.

8) In the event of any consignment being held up by any statutory authorities such as, but not limited to, Goods and Services Tax, Excise, Customs, Check-Post officials, etc., SMAP shall not be responsible for any consequential losses or for refund of freight charges. Further, the Parties agree to make good to SMAP any losses incurred by SMAP, in the form of taxes/ duties, fines and penalties levied by statutory authorities arising out of insufficiency of documents or wrongful declaration and any claims, if any, from any other entity affected because of delays arising out of issues related to such consignments.

9) Packing and Labelling: It is the sender’s obligation to ensure adequate packing for purpose of carriage with normal care in handling.

10) Items not acceptable for carriage: The Parties hereby declare that the consignment covered under this consignment note does not include any articles restricted to be carried in courier mode, contrabands or such commodities which can cause safety hazard as specified by the current edition of IATA DG regulation.

11) Perishable Articles: Parties shall not tender for transportation any consignment containing perishable articles having shelf life of less than 7 days. SMAP shall not be liable for any loss or damage to any such consignment arising consequent to any delay in delivery.

12) Inspection of consignment: SMAP has the right at its option or at the request of competent authorities to open consignments at any time to inspect the contents of the consignment as part of the acceptance process and/or at various SMAP consignment handling points and/or at airline security gates and/or on request by any statutory, regulatory or security agencies.

13) SMAP shall not deliver consignments to PO Box addresses. Wherever SMAP carries out drop-box deliveries such as to ministry offices, armed forces establishments, certain government offices & high security zones, etc. SMAP shall not be providing proof of delivery and the parties shall accept the information provided as final.

14) Limited liability for Delay: In the event of any delay in delivery of a consignment, SMAP shall not be liable for any consequential or indirect losses or damages, including but not limited to loss of income or profits or claims by the parties or any other entity affected because of a delay.

15) SMAP Liability: In the event of damage or loss or mis-delivery of a consignment, the maximum liability assumed by SMAP on a consignment is limited to Rs. 100 unless the sender declares a higher value as “declared value for carriage” and also pays the applicable Risk Surcharge thereof as “Carriers Risk” at the time of tendering the consignment.

16) Risk Surcharges:

  1. If the sender has availed of external insurance, the same shall be declared on the consignment note as “Owner Risk” and the applicable surcharge thereof shall be paid at the time of tendering the consignment. In such cases SMAP to issue the “COF - Certificate Of Facts” if the consignment getsdamaged or lost while in transit. In cases of external insurance by the Parties, in the event of receiving of claim amount or any part thereof from the insurers, the Parties agree not to subrogate their rights in favor of the insurers.

  2. If the sender opts for transportation of consignment at “Carrier Risk” then the sender shall pay Risk Surcharge in accordance with the rates mentioned below

  3. The Risk Surcharge for “Owner Risk” or “Carrier Risk” shall be calculated as per the minimum charges or percentage of the Declared Value for Carriage, whichever is higher. Service Tax shall be applicable on the applicable Risk Surcharge.

  1. In the absence of declaring “Declared Value for Carriage” on the Consignment Note at the time of tendering a consignment to SMAP, SMAP’s automatic liability shall be limited to a maximum of Rs. 100/- per consignment or value of goods whichever is lower

  2. Fragile/breakable articles such as TV Sets, articles made of glass or porcelain, glassware, and items of extra ordinary value such as crystals, paintings, antiques etc, and commodities which are perishable in nature shall not be covered under “Carrier Risk”. SMAP’s liability shall be limited to a maximum of Rs. 100 while shipping such commodities

  3. The “Declared Value for Carriage” must be less than or equal to the value of goods.

17) It is agreed that in any event SMAPshall not be liable for any consequential or indirect losses or damages, because of loss of or damage to a consignment.

18) All claims in respect of loss or damage of consignment shall be made within a period of 30 days from the date of tendering a consignment to SMAP. Any claim requests received after this period shall not be entertained. Similarly freight refund requests shall not be entertained beyond 30 days from the date of shipping.

19) Freight Refund: The refund of freight shall not be entertained if a service failure is resulted from any Force Majeure conditions such as strikes, bandhs, elections, rains, floods, fire, accidents or other natural calamities and any other events such as sudden or planned road closures or traffic diversions during festivals, political rallies, religious processions etc or any other reasons beyond direct control of SMAP. This also includes any routine or sudden inspections carried out by any authorities or tax recovery agencies such as but not limited to Excise, Customs, Sales Tax, municipalities or any other authorities competent to inspect goods or vehicles.

20) The Parties shall pay the freight and other charges at the time of booking or within the credit period stipulated. In case of non- payment of freight and charges within the stipulated time, the Parties shall be liable for payment of interest at the rate of 24% per annum. The freight invoices will be raised as per the agreed billing cycle in the service contract between the parties and SMAP.

21) If the Parties do not take delivery of the consignment or it remains undelivered due to any reason such as wrong or incomplete address or refusal by recipient to pay any applicable duties / taxes / charges or containing prohibited items or if the packaging of a consignment is damaged to the extent that repacking is not possible resulting in non delivery or the consignment is found as likely to cause damage to other goods or cause injury to individuals, then the Parties shall still be liable to pay freight charges and all other dues and charges to SMAP. In case of the consignment remain undelivered beyond 48 hours from the date of tendering the consignment for delivery, then demurrage / warehouse charges at the rate of 0.1% of the consignment invoice value per day will be charged or at such other rates as may be fixed by SMAP from time to time. If the consignment is not received or claimed within a month from the date of tendering the consignment for delivery for the first time, then the SMAP shall have the right to proceed with the sale of the goods to realize all its dues.

22) The Parties shall not be entitled to deduct/adjust/set off any amount due to SMAP on the ground of claims arising out of reasons including loss of any tax invoices, way bills, delivery chalans, etc. However, SMAP will extend all reasonable cooperation to the Parties to help them to reconstruct duplicate copies of such documents, whenever provisions are available.

23) SMAP shall have a general lien (along with Carrier’s lien) on all consignment in its possession, custody or control for any payment whatsoever due from the Parties or from a owner of a consignment and such lien shall extend to freight charges, duties & taxes or any other charges arising out of transaction here under.

24) Directors, owners, partners and share holders of SMAP shall not be personally liable for any claims or liabilities arising out of service failures resulting out of situations, circumstances, omissions, errors, failures or misleading statements/guidance from any employees of SMAP or of its channel partners or of its authorized agents.

25) All disputes or differences or claims arising in respect of the consignment here under or regarding the rights and obligations under transaction here under or regarding meaning or interpretation of these terms between the Parties and SMAP are agreed to be referred to adjudication by arbitration with the Parties and the SMAP appointing One arbitrator each and the said two arbitrators by mutual consent appointing a third arbitrator. The venue of arbitration shall be at BANGALORE only. Courts at Bangalore alone shall have the exclusive jurisdiction to adjudicate all claims arising in respect of the consignment under this agreement.

26) The consignment note is not a tax invoice. A tax invoice will be made available by SMAP or its’ channel partner as the case may be, upon request.

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