Term & Conditions
"WAYBILL TERMS AND CONDITIONS OF KM CARGO & COURIER SERVICESâ€
AWB. No. (Air Way Bill) itâ€™s synonym of â€œDocket No.â€ It Mean an identification no. Which is sent the shipment.
Once you handover your shipment/consignment to â€œKM Cargo & Courier Servicesâ€ for the purpose of carriage the same shall be treated by us as acceptance by you of all the terms and conditions enumerated herein governing the contract made herein between KM Cargo & Courier Services and you (Consignor or Client). These terms and conditions are governed by â€œThe Carriage by Road Act, 2007 (No.41 of 2007)â€ and any corresponding Law in this regard. In the event there is a conflict between the terms and conditions specified herein and the provisions of any other document executed between you and the employees or agents of KM Cargo & Courier Services hereto, the terms and conditions specified herein would prevail over the same.
SECTION 1 â€ OBLIGATIONS OF THE CONSIGNOR/ CONSIGNEE
CONSIGNOR/CONSIGNEE hereby certifies, undertakes, declares, warrants and guarantees to KM Cargo & Courier Services:
- CONSIGNOR certifies that all statements and information provided by them on this nonâ€negotiable Air Way Bill and or other document(s) relating to the transportation of the shipment is true and correct. Acceptance of the goods shall not be deemed to mean that KM Cargo & Courier Services has knowledge of the contents. CONSIGNOR acknowledges that in the event that they make untrue or fraudulent statements about the shipment or any of its contents they risk a civil claim and/or criminal prosecution, the penalties for which include, but not limited to, forfeiture and sale of their shipment. Any required customs and other formalities will be rendered by Consignor at its own sole risk and cost. In the event any information given by the CONSIGNOR in respect of the Consignment/Shipment, turning out to be false, CONSIGNOR hereby unconditionally agree to indemnify KM Cargo & Courier Services and hold KM Cargo & Courier Services harmless from any claims that may be brought against KM Cargo & Courier Services arising from or resulting there from, and any costs KM Cargo & Courier Services will incur regarding this, and pay any administration fee which may be charged by KM Cargo & Courier Services to CONSIGNOR for providing the services described in this condition.
- The CONSIGNOR accepts the condition that the Shipment/Consignment is being carried by KM Cargo & Courier Services from the point of rendering (origin) only up to the point of destination shown on the Air way Bill & related document(s) if any. Further CONSIGNOR declares that the contents of the Consignment and the consigneeâ€™s full address including the postal code, email address and telephone number has been accurately and legibly completed on an address label securely fixed by them to a prominent position on the outer surface of the shipment that can be clearly seen by KM Cargo & Courier Services.
- The CONSIGNOR hereby declares and confirms to not transmit, handover or allow to be handed over to KM Cargo & Courier Services, any Shipment/Consignment consisting of banned, restricted, prohibited items or dangerous goods. In any case, KM Cargo & Courier Services shall not be liable for any such Shipment/Consignment which is disallowed by any applicable law, rules, regulations or notification by any statutory authorities either specifically or otherwise. The CONSIGNOR hereby unconditionally agree to indemnify and hold harmless from any claims or liability that may be brought against KM Cargo & Courier Services arising out of or relating to such breach of declaration, warranties, representations, and guarantees made by CONSIGNOR and any costs incurrelating thereto, even if KM Cargo & Courier Services inadvertently accept a shipment that contravenes any of the obligations of CONSIGNOR.
- The CONSIGNOR shall ensure that the packaging of the Shipment/Consignment is adequate, safe and with due care to make the Shipment/Consignment carriage worthy so as to withstand the normal rigors of transportation. In case of packing made by CONSIGNOR the KM Cargo & Courier Services owes no responsibility towards the same.
- The CONSIGNOR shall duly sign the Proof of Acceptance (POA) under which the Shipment/Consignment is carried and by signing the POA the CONSIGNOR hereby, agrees that they have filled up all requisite information of the Air Way Bill and accepted the all terms and conditions enumerated hereinafter.
- The CONSIGNOR shall submit all the relevant documents / papers along with the shipments including but not limited to documentation for custom, statutory and regulatory clearance, where applicable. Such documents provided by the CONSIGNOR shall certify that all statements and information relating to carriage under this contract are true and correct.
- The CONSIGNOR hereby acknowledges that KM Cargo & Courier Services is not a common carrier and KM Cargo & Courier Services has agreed to carry the Shipment/Consignment exclusively for the CONSIGNOR on the CONSIGNORâ€™s request upon the terms and conditions enumerated herein.
SECTION 2 â€ MATERIALS NOT ACCEPTABLE FOR CARRIAGE
Hereby, CONSIGNOR declares, undertakes and warrants that Shipment/Cargo given to KM Cargo & Courier Services against this Air Way Bill shall not contain:
any article which 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.
Any article which is not permitted by the laws / rules / regulations / notifications / restrictions in force or no customs declaration is made when required by applicable customs regulations and /or any other relevant laws. any items notified by KM Cargo & Courier Services to be restricted and /or banned and /or dangerous and /or prohibited from time to time (including but not limited to animals, bullion, currency, bearer from negotiable instruments, precarious metals and stones, firearms or parts thereof and ammunition, human remains, pornography and illegal narcotics / drugs). Details of such banned/ restricted/ dangerous/ prohibited items are available in all KM Cargo & Courier Services offices on request and also available on the website www.kmcargoservices.com
SECTION 3 â€ FREIGHT, TAXES, DUTIES AND OTHER CHARGE
The freight charges mentioned on the Air Way Bill (or as per rate contract) are exclusive of present taxes that are being levied or may be levied by the regulatory bodies from time to time in future. The CONSIGNOR hereby accepts and agrees and undertakes that the CONSIGNOR will pay the aforementioned along with applicable taxes so imposed. The freight charges are on the pre estimation basis only and can be changed or increased and CONSIGNOR will be liable to pay the revised/increased freight charges without any demur or reservation in this regard.
KM CARGO & COURIER SERVICES reserves the right to revise the freight charges/ rates at any time during the continuance of this contract. Any changes in the freight charges/ rates will become effective from the date on which KM CARGO & COURIER SERVICES intimates the CONSIGNOR of such revised freight charges/ rates. Rates will be charged on the basis of dimensional weight or actual weight, whichever is higher.
In the event the Shipment/Consignment has to be reâ€routed/returned to Origin due to refusal by the consignee or for any other reason beyond the control of KM Cargo & Courier Services, the CONSIGNOR shall be liable to pay to-and-fro charges and cost incurred on the storage of the same, as may be determined by KM Cargo & Courier Services from time to time.
In addition to the applicable freight charges/rates as per Air Way Bill, the CONSIGNOR shall also be liable to reimburse KM Cargo & Courier Services with any expenses incurred by it for hiring specialized material handling equipment / vehicle to handle any heavy Shipment/Consignment/Odd dimension shipments and the actual cost incurred towards special efforts for pickâ€up and delivery.
The CONSIGNOR shall pay directly or reimburse to KM Cargo & Courier Services on demand all claims, damages, fines and expenses arising out of or incidental to the shipment of the CONSIGNOR if KM Cargo & Courier Services abandons and/or releases the Shipment/Consignment or any part thereof, which KM Cargo & Courier Services has declared to be unacceptable or which has been undervalued for Customs or any other statutory purposes or missâ€described, whether intentionally or otherwise and for costs incurred either returning such Shipment/Consignment or part thereof to the CONSIGNOR and/or warehousing the same and any consequential losses arising out of the same.
All taxes such as State Tax, Customs duties, Customs penalties, storage charges or any other expenses incurred as a result of an action by Regulatory Authorities in the State of origin and/or Destination or failure by the CONSIGNOR or consignee to provide proper documentation or to obtain required license or permit along with the applicable duty or tax shall be paid by the CONSIGNEE. In case aforementioned charges are paid by KM Cargo & Courier Services and the Consignee refuses to pay/ reimburse the same, then it shall be the liability of the CONSIGNOR to pay/ reimburse the same. KM Cargo & Courier Services shall not be liable to bear such charges in any circumstances whatsoever.
After the second attempt of delivery of consignment by KM Cargo & Courier Services, the CONSIGNOR shall be liable to pay the additional charges for any further request for delivery; such additional charges shall be levied by the KM Cargo & Courier Services at its sole discretion. Further the CONSIGNOR shall be liable to pay demurrage charges to KM Cargo & Courier Services for each additional day of the storage of goods due to nonâ€delivery on the part of CONSIGNOR/CONSIGNEE beyond second attempt of delivery of those goods, as per IST (Indian Standard Time) which shall be chargeable at the sole discretion of KM Cargo & Courier Services.
CONSIGNOR shall be liable for the payment of all duties, taxes and charges as applicable on the carriage and other services as well as on all documents. KM Cargo & Courier Services shall have a general lien as per section 7 of KM Cargo & Courier Servicesâ€™ lien on the Consignment of CONSIGNOR in the possession of KM Cargo & Courier Services at any time with the right to sell their contents and adjust the proceeds in lieu of any amounts that CONSIGNOR may be owing to KM Cargo & Courier Services towards such consignment on any account whatsoever.
SECTION 4 â€“ INSURANCE
KM Cargo & Courier Services recommends insurance of all Shipments/Consignments carrying anything of value, at the CONSIGNORâ€™S cost. KM Cargo Charges as ROV (Risk of value) in Consignorâ€™s risk only for the issue the (COF) Certificate of fact.
SECTION 5 â€ KM CARGO & COURIER SERVICESâ€™s LIEN
The Consignor admits and acknowledges the absolute right of lien of KM Cargo & Courier Services on its Shipments/Consignments for any outstanding freight, any other applicable charges, indemnities, Central, State and local taxes, duties, levies, advances arising out of transportation and warehousing services and Value Added Services (VAS) if any in respect of such shipment/Consignment carried under this Contract and KM Cargo & Courier Services may refuse to surrender possession of such Shipment/Consignment to the Consignee until all such charges are paid.
- Further, if such charges are not paid to KM Cargo & Courier Services by Consignee up-to second attempt of delivery, then KM Cargo & Courier Services may store that consignment at the cost and risk of the defaulting CONSIGNORâ€™s/CONSIGNEEâ€™s, including the liability to pay the Warehouse charges and demurrage accruing thereon.
- If the charges as indicated aforesaid are not paid by the CONSIGNOR/CONSIGNEE within 30 days, then the Consignor/ Consignee hereby agrees that KM Cargo & Courier Services shall have the absolute right to sell the Consignment by either or a combination of public auction/ Sale, tender, private agreement or otherwise at KM Cargo & Courier Servicesâ€™ sole discretion without prejudice to KM Cargo & Courier Servicesâ€™ other legal remedies to recover its costs, charges and expenses. If Consignee refuses delivery or to pay on delivery, or the Shipment/Consignment is deemed to be unacceptable, or it has been undervalued for customs/State EntryTax purposes, or Consignee cannot be reasonably identified or located, KM Cargo & Courier Services shall inform the Consignor, and in case of no response from Consignor within the above stipulated period the Shipment/Consignment may be released, disposed of, sold of through auction by KM Cargo & Courier Services without incurring any liability whatsoever to the CONSIGNOR/CONSINEE or anyone else. The proceeds shall be applied against service charges and related administrative costs and the balance if any, of the proceeds of a sale/ auction to be returned to CONSIGNOR after adjusting outstanding dues of KM Cargo & Courier Services. Further if the proceeds out of such Sale/ Auction does not satisfy the aforementioned outstanding of Consignor, then KM Cargo & Courier Services has reserved rights to recover the same from the Consignor at its sole cost and risk and any consequences involved shall be borne by the Consignor.
SECTION 6 â€ CLAIMS AND LIABILITIES
Liability of KM Cargo & Courier Services for any loss or damage to Shipment/Consignment attributed to KM Cargo & Courier Services and pertaining to DOMESTIC carriage of Shipment/Consignment is as under:
- The liability of KM CARGO & COURIER SERVICES for any loss or damage to the Shipment/Consignment will be strictly regulated by the rules and regulations in respect of limitation of liability clauses and will not exceed in any circumstances whatsoever as prescribed under the provisions of â€œThe Carriage by Road Act, 2007 (No.41 of 2007)â€ and any subsequent amendments made therein and all other relevant terms and conditions of this Air Way Bill.
- KM Cargo & Courier Services shall not be liable in any event whatsoever for any consequential, incidental or special losses or damages, or direct or indirect loss, claims or expenses of whatsoever nature and howsoever arising.
- KM Cargo & Courier Services will not, under any circumstances, be liable for damages or loss caused by any delay in pick up, transportation or delivery of any Shipment/Consignment regardless of the cause of such delays.
- KM Cargo & Courier Services will not, under any circumstance, be liable for damages or loss caused due, to confiscation of the Shipment/Consignment or any part thereof by any Government, appropriate statutory authorities including but not limited to customs, authorities or State authorities.
- No liability is assumed for any errors and/or omissions in any information/data that is imparted in respect of the Shipment/Consignment travelling under the Air Way Bill and/or information/data available on the company website.
- The CONSIGNOR agrees that KM Cargo & Courier Services shall not be liable to the SHIPPER/CONSIGNOR/CONSIGNEE or any third party/other person for any loss or damage caused to the Shipment/Consignment or any part thereof or any diminution in the value of the Shipment/Consignment or any part thereof, upon KM Cargo & Courier Services exercising its right of lien under clause 7 hereof and the consequent right to sell by public auction, tender, private agreement or otherwise or destruction of the same.
- KM Cargo & Courier Services will not be liable in any manner whatsoever to the CONSIGNOR or any third party if the CONSIGNEE has accepted the Shipment/Consignment without any demur by signing on the proof of Delivery. The responsibility of KM Cargo & Courier Services in respect of the Shipment/Consignment ceases immediately once the Shipment/Consignment is duly received at the point of destination by the recipient by affixing his signature on the Super Label.
- In the event of any loss or damage to Shipment/Consignment, which is insured, KM Cargo & Courier Services may, without any obligation to do so, at the request of the CONSIGNOR, issue loss/Damage/Shortage Certificate or Certificate of Fact (COF) with the sole purpose of enabling the CONSIGNOR, to lodge insurance claim with its insurance Company. The CONSIGNOR agrees and acknowledges that the loss/Damage/Shortage Certificate will be issued by KM Cargo & Courier Services, without admission of any liability, claim, etc and that KM Cargo & Courier Services shall be discharged of all liabilities, if any, arising out of the Shipment/ Consignment on acceptance of the loss/Damage /Shortage Certificate by the CONSIGNOR. Also in case of any accidental/ consequential damage implied wet shipment, KM Cargo & Courier Services liability to a maximum of INR 1,000/- (Rupees One Thousand Only) per docket or the actual amount stuff of the docket whichever is lower. There is no claim shall be bound/ beared by the company for any loss/damage of the document shipments.
- Notwithstanding of the above, KM Cargo & Courier Services is not obligated to act on any claim until all due charges of KM Cargo & Courier Services have been paid, nor Consignor/ Consignee shall be entitled to make any kind of deductions/ adjustments from the due charges towards the claim.
- KM Cargo and Courier Services is not recommend to send Any Stone made goods, house hold goods, glass items and other fragile goods, if consignor book the such goods it would be sent as Consignorâ€™s risk only, KM Cargo would not responsible for the breakage. (updated on 11.12.2018)
SECTION 6 â€ CLAIMS AND LIABILITIES
CONSIGNOR shall indemnify and hold KM Cargo & Courier Services harmless for any cost, losses, claims, actions or damage suffered or incurred, including any legal costs arising out of CONSIGNORâ€™s failure to comply with any applicable laws or regulations and for breach of the CONSIGNORâ€™s, hereinafter following, expressed warranties and representations:
- All information provided by CONSIGNOR or its representatives is complete and accurate;
- CONSIGNOR protected the Shipment /Consignment against any kind of unlawful activities, unauthorized interference during preparation, storage and transportation to KM Cargo & Courier Services;
- The shipment/Consignment is properly marked and addressed and packed to ensure safe transportation with ordinary care in handling;
- All applicable laws including customs, import, export, state laws and other laws and regulations have been complied with; and the POA has been signed by CONSIGNOR or their authorized representative and the terms and Conditions constitute binding an enforceable obligations on the CONSIGNOR/ CONSIGNEE.
- The shipment/Consignment does not contain any banned, restricted, dangerous or hazardous items.
- The CONSIGNOR shall keep KM Cargo & Courier Services indemnified against freight, and other charges including custom duty, custom penalties, clearance charges, State Charge, warehousing/storage charges, taxes or any claim made by third party by whatsoever name called, levied on the shipment/Consignment, in the event of nonâ€payment of the courier/freight and all other charges, payable by the consignee.
- The CONSIGNOR shall keep KM Cargo & Courier Services indemnified against the loss, damage, costs, expenses arising out of any action or proceedings initiated by any authority (Judicial or regulatory or the like )on account of any act/omissions by the CONSIGNOR.
SECTION 9 â€ FORCE MAJEURE
KM Cargo & Courier Services shall not be liable for any loss or damage to the shipment or a delay in picking up or delivery of the shipment if the loss or damage to the shipment or delay in delivery is caused due to acts of God, force majeure occurrence including but not limited to strikes, riots, Flight Delay/Cancel, political and other disturbances, fire, floods, tsunami, traffic jams, accident of the vehicle or caused due to any factors beyond the control of KM Cargo & Courier Services.
SECTION 10 â€ SEVERABILITY
If anyone or more provisions of this contract shall be invalid, illegal or unenforceable in any respect, the validity legality and enforce ability of the remaining provisions contained herein shall not in any way be affected or impaired thereby.
SECTION 11 â€“ ARBITRATION/ JURISDICTION
Any dispute, difference, controversy or claim arising out of or relating to this contract shall be resolved by mutual negotiations. However, in case any such unresolved dispute, differences, controversy or claim arising out of this contract shall be referred to a sole Arbitrator nominated/appointed by the KM CARGO & COURIER SERVICES only in accordance with the provisions of Indian Arbitration & Conciliation Act, 1996 or any amendment made thereof. The venue of such arbitration shall be New Delhi only. The said arbitration will be in English or Hindi language only and both parties shall bear their respective costs of Arbitration. The decision or the award passed by the sole Arbitrator shall be final and binding on both the parties and on any other party related to this consignment/shipment under dispute in any manner whatsoever.
Any proceeding arising under this Agreement shall be subject to the Indian Laws only and the exclusive jurisdiction of Courts at New Delhi alone.