Terms and Conditions
The following definitions shall apply to the terms and conditions set out below which govern this contract of carriage between you and us:
"We", "us" and "our" means DAFEX respective employees, agents and independent contractors;
"You" and "your" means the sender, holder of the consignment note, receiver and owner of the contents of the delivery or any other party having legal interest in those contents.
"Carriage" means and includes the whole of the operations and services undertaken by us in connection with the delivery;
"Consignment" means an envelope, document, package or parcel which is or are given to and accepted by us for carriage and is transported under a consignment note.
2. THE PARTY WHOM YOU ARE CONTRACTING
The Customer warrants that he is either the owner of the goods in any consignment or is authorised by such owner to accept these Terms and Conditions on such owner’s behalf.
Your contract is with DAFEX or any of their independent contractors that originally accepts the Consignment from you. You also agree that we may sub-contract the whole or any part of the carriage on any terms and conditions we decide at our absolute discretion.
3. YOUR ACCEPTANCE OF OUR TERMS AND CONDITIONS
By giving us your goods you accept our terms and conditions set out in this contract of carriage on behalf of yourself or anyone else who has an interest in the goods irrespective of whether you have signed the front of the consignment note or not. Our terms and conditions also cover anyone we use to collect, transport or deliver your goods. None of our employees, agents or sub-contractors are authorised to alter or modify these terms and conditions. Where you give us the goods with oral or written instructions which conflict with these terms and conditions, we shall not be bound by such instructions.
4. UNACCEPTABLE GOODS
4.1 We do not accept for delivery anything that:
- is a prohibited item;
- IATA restricted
- is restricted by the dangerous goods regulations.
5.1 If we are unable to deliver a consignment etc. because of incorrect address information, we will make all reasonable efforts to find the correct address. We will deliver or attempt to deliver the Consignment etc. to the correct address for an additional charge determined by the inconvenience caused. Please note we are not able to deliver to PO Box Numbers.
5.2 The carrier shall not be under any obligation to provide any plant, power or labour required for loading or unloading the Consignment.
5.3 The Customer warrants that any special equipment required for loading or unloading the Consignment will be provided or procured by them.
6. EXTENT OF LIABILITY Subject to clause 8 below we limit our liability for any loss, damage or delay of your goods or any part of it as follows:
6.1 We shall only be liable for loss or damage occurring within the geographical limits of India for journeys outside these limits liability shall be restricted to the amount of cover provided by the international agent chosen at our absolute discretion.
6.2 We limit ourselves, any of our employees or subcontractors that we choose to deliver your goods, to a maximum of INR 500/- only in respect of a claim against public liability.
7. LIABILITY FOR LOSS AND DAMAGES
7.1 We shall not be liable in any respect for any loss or mis-delivery of or any damage to any Consignment if the same has arisen from and the carrier has used reasonable care to minimise the effects of:
7.2 Seizure or forfeiture under legal process.
7.3 Insufficient or improper packaging.
7.4 Insufficient labelling or addressing.
7.5 Acts of God
7.6 Inherent liability to wastage in bulk or weight, defect or inherent defect, natural deterioration or fragility of the Consignment (notwithstanding that it may be marked "Fragile")
8. INCREASED LIMITS OF LIABILITY
If you are dissatisfied with our limits of liability then you must take out your own separate insurance cover for goods in transit if the goods are high valued.
9. RATES AND PAYMENT
9.1 You agree to pay our charges for the carriage between the locations specified on our consignment notes plus any value added taxes for the carriage within 15 days from invoice date.
9.2 Our charges shall be made in accordance with the tariff current at the time of performance of the Contract or any quote that has been agreed separately with you.
9.3 Invoices will be prepared by us at least once a month.
9.4 Credit facilities may be withdrawn by us at our absolute discretion at any time and the balance outstanding shall become due immediately on demand.
9.5 We reserve the right to charge Statutory Late Payment charges and interest on all outstanding invoices.
9.6 All prices quoted exclude Fuel Surcharge and Prevailing Service Tax as applicable
10.1 The Customer shall indemnify us against:
10.1.1 All consequences suffered by us (including but not limited to claims, ,proceedings, fines, penalties, damages, costs, expenses and loss of or damage to the carrying vehicle and to other goods carried) of any error, omission, misstatement or misrepresentation by the Customer or other owner of the Consignment or by any servant or agents of either of them, insufficient or improper packaging, labelling or addressing of the Consignment or fraud.
10.2 All claims and demands whatsoever by whomsoever made in excess of our liability under these terms and conditions.
10.3 All losses suffered suffer by and claims made against us resulting in loss or damage to property caused by or arising out of the carriage of dangerous goods whether or not declared by the Customer as such.
11. CLAIMS PROCEDURE
In case of loss or damage resulting in a claim you must immediately notify our office within seven working days from the date of carriage .Your rights are not affected.
We shall have a general lien against the Customer, where the Customer is the owner of the Consignment, for any monies whatever due from the Customer to us. If such a lien is not satisfied within a reasonable time we may at our absolute discretion sell the Consignment or part thereof as agent for the Customer and apply the proceeds towards monies due and the expenses of the retention, insurance and the sale of the Consignment and shall while accounting to the Customer for any balance remaining be discharged from all liability whatsoever in respect of the Consignment. Where the Customer is not the owner of the Consignment, we shall have a particular lien against the said owner of the Consignment, allowing us to retain possession, but not dispose of, the goods against the monies due from the Customer in respect of the Consignment.