General Terms and Conditions of 24×7 Courier Services Private Limited
This Web Site is owned and operated by 24×7 Courier Services Private Limited. When you obtain information or buy services from this Web Site you agree to the terms, conditions and disclaimers as amended from time to time and as set out below (“Terms & Conditions”) and acknowledge that you have read and understood these Terms and Conditions. By using this Web Site to buy a delivery service or by registering on this Web Site you expressly agree to be bound by these Terms and Conditions.
Please read this Disclaimer and Terms and Conditions prior to ordering any services from this Web Site. These Terms and Conditions govern the use of this Web Site.
You may carefully note that your consignment must not contain any letter of communication which will infringe the INDIAN POSTAL ACT. 1983. Cheques, Drafts, Files, Stationery, Documents, Negotiable instruments, Banking papers, L.Cs and such other documents are not barred from being sent through Courier service. We accept envelopes/parcels in good faith that they do not contain anything, which will infringe the Law. However the consignment should not contain any paper or documents which cannot be reconstructed in case of laws.
Consignments, which are of Hazardous Nature (Chemicals, Flammable Articles and Liquids) expressly prohibited by the RAILWAY/AIRPORT AUTHORITY OR ANY OTHER TRANSPORT AGENCY, shall not be accepted.
Consignments addressed to Ministry Offices and Central Government Offices in New Delhi are put in the box at the gate, due to security reasons as per the direction of the Central Government.
24×7 Courier may amend these Terms and Conditions from time to time. Any amendment will be effective immediately. Your continued use of this Web Site after any amendment becomes effective constitutes an agreement by you to abide by and be bound by these Terms and Conditions, as so amended.
All data provided by you to 24×7 Courier will be considered as confidential information and will not be disclosed to any third party except as may be required for the provision of the services you have requested 24×7 Courier provides.
1.1 “Courier” means the Courier service provided by an independent Courier service provider for the transport of goods in terms of these general terms and conditions, relating to the receipt, collection, transport and delivery of the goods, and all related activities undertaken by the Courier service provider in the performance of the service to the Company and/or Consignee;
1.2 “Company” means the 24×7 Courier Services Private Limited
1.3 “Customer” means the party reflected on the despatch document as the sender of the goods, whether acting on his own behalf or in his capacity as an agent or in any other capacity for a third party;
1.4 “Consignee” means the recipient of the goods, as indicated on the waybill, by the Customer;
1.5 “agreement” means the agreement reached between the Company and the Customer for the Courier of the goods subject to these general terms and conditions for the Courier of goods at the time that the waybill is signed by the Customer;
1.6 “goods” means the article or parcel forming the subject matter of the agreement, whether contained in one or more parcels or packages, containing products, items or documents of whatsoever nature, and whether consigned singly or in parcels or in bulk;
1.7 “handling of the goods” includes the goods being handled, warehoused, held, controlled, loaded or unloaded, carried or otherwise possessed by the Company for any purpose whatsoever;
1.8 “waybill” means the pre-printed written document prepared by the Company and completed and signed by the Customer, containing the written instructions of the Customer for the Courier of the goods, and forming the written agreement between the parties, subject to these general terms and conditions.
2. NO VARIATION OF CONDITIONS
The handling of the goods shall be subject to the conditions stated herein unless specifically varied by the Company in writing, which shall at all times take precedence over any terms, conditions or stipulations contained in any of the Customer’s documentation. Should the Customer purport to attach any conditions which vary, amend or are in conflict with the conditions set out herein, then, notwithstanding anything to the contrary stipulated by the Customer, the conditions set forth herein shall prevail and be of full force and effect unless specifically varied in writing with specific reference to the Customer’s contrary documentation, and signed and accepted by the Company.
3. COURIER IS NOT A COMMON CARRIER
3.1 The Courier i.e this Company is not a common carrier and will accept no liability as such.
3.2 All goods or articles are carried or transported and all storage and other services are performed by the Company subject to these conditions.
3.3 The Company reserves the right to refuse to transport any goods for any person, firm or company at its discretion without being bound to give any reason for such refusal.
4. MANNER OF COURIER SERVICE
4.1 The Company shall, through the Courier service and at its sole discretion, determine the carrier, methods of transport, handling and route for the Courier of the goods;
4.2 The Company reserves the right to employ sub-contractors or agents to act for it. Where, and in the event that the Company so employs independent third parties to perform all or any of the functions required of the Company:
4.3 Subject to the terms and conditions of this Agreement, 24×7 Courier grants Customer a non-exclusive, royalty-free, non-assignable right to label, rate, route, record, track, prepare and invoice shipments tendered to 24×7 Courier by Customer for carriage and for no other purpose. You are responsible for maintaining the confidentiality of your account number and its use within your organization.
5 CARRIER CHARGES
5.1 In the absence of any written agreement to the contrary, the remuneration payable to the Company by the Customer shall be in accordance with the standard tariffs of the Company calculated on:
5.1.2 the destination of the goods;
5.1.3 the service level selected by the Customer for the Courier of the goods;
5.2 The Company’s standard tariffs are subject to review by the Company without prior notice to the Customer;
5.3 The Customer shall be liable for any duty, tax, fine or other outlay of whatsoever nature levied by authorities at any port or place in connection with the goods, and shall reimburse the Company for any such amount sustained by the Company in connection therewith;
5.4 In the event of the Company being obliged to take out or obtain any licences or permits or to comply with any lawful authority, the Company shall be entitled to make an additional charge to cover any expenses resulting there from if not already included;
5.5 In the event that the Company is required, due to circumstances including but not limited to natural disasters, strikes, lock-outs and other such occurrences, to change the routing of the Courier of the goods, resulting in additional charges, the Company shall be entitled to recover such additional charges from the Customer or the Consignee;
5.6 Notwithstanding the provisions of 5.5 above, the Customer shall remain liable to the Company for all charges and lawful expenses incurred by the Company in providing the service to the Customer, should the said charges and expenses not be recovered from the Consignee on delivery of the goods, or in the event of the Consignee failing to pay the related charges for any reason whatsoever.
6. PAYMENT OF THE REMUNERATION
6.1 In the absence of any special provisions to the contrary, payment shall be effected by the Customer in cash or by way of an electronic funds transfer into the Company’s nominated bank account in advance or against tender of the goods by the Customer to the Company for the Courier service, or in terms of the credit terms extended in respect of a validly held and operated account, that is in good standing;
6.2 The Company shall in its absolute discretion, be entitled to appropriate all payment made by the Customer towards the payment of any debt or obligation of whatsoever nature owing by the Customer to the Company, irrespective of when or the manner in which such debt arose;
6.3 Interest will accrue on all payments not made on due date at the rate of 2% per month from the due date for payment to the date on which payment is effected;
6.4 The Customer may not raise any claim, dispute or counter-claim as a reason for deferring payment and may not withhold any payment or set-off any claim or counter-claim which it may wish to raise against the amount charged by the Company for the Courier of the goods.
7 CARRIER’S LIEN
7.1 As security for all monies owing, whether past or present, for the Courier of any goods subject to these general terms and conditions, whether forming the subject matter of the agreement or otherwise, the Company shall have a lien over all goods, documents as well as all repayments, refunds, claims or recoveries in its possession or under its control;
7.2 The Company shall be entitled to hold all goods as security for any monies owing to it by the Customer from any cause whatsoever;
7.3 Notwithstanding that credit may have originally been granted by the Company to the Customer, the Company may at any time, at its sole discretion, retain possession of any goods pending the discharge of all the Customer’s indebtedness to the Company, whether or not such indebtedness is related to the Courier of the goods or not;
7.4 In the event that the Company retains possession of the goods in terms of 6.1, 6.2 or 6.3 above, the Company shall be entitled to store the goods at such place as it deems fit, at the Customer’s expense;
7.5 If any monies owing to the Company are not paid by the Customer within 30 days after they are due, the Company shall be entitled, without further notice to the Customer:
7.5.1 to open and examine the goods;
7.5.2 to sell the whole or any part of the goods in such manner and on such conditions as it deems fit;
7.5.3 to apply the proceeds of any sale, after deducting all expenses thereof, in payment or reduction of any amount due by the Customer to the Company (including storage costs envisaged in 6.4 above, provided that any surplus shall be paid over to the Customer without interest immediately after the sale, if the Customer’s address is known, and if not, upon demand made by the Customer within 90 days of the sale;
7.6 The Company shall not be liable for any loss, damage or deterioration of such goods attributable to the implementation of this clause;
7.7 The Companies rights under this clause are not exhaustive and are in addition to any other rights which it may have against the Customer.
Our liability to customer for loss or damage of your consignment or the part affected is at all times limited to the lowest of:-
1. Rs. 1000/- per consignment; or
2. Value of Consignment; or
3. Reconstruction value of consignment.
4. In case of Delayed Delivery, we agree to refund the freight after deducting applicable taxes.
5. In case of Wrong Delivery, we agree to refund freight after deducting taxes and deliver at correct address within 1 month.
6. Refund will be credited in your bank account within one week by way of NEFT after resolution of your query/grievances.
8. CUSTOMER WARRANTIES AND INDEMNITIES
The Customer is bound by and warrants, in favour of the Company that:
8.1 the accuracy of the Consignee name, details, address for delivery, descriptions, values and other particulars furnished to the Company for customs, railage, delivery and other purposes. The Customer indemnifies the Company against all expenses, claims or fines arising from any inaccuracies or omission of descriptions, values or other particulars, even if the inaccuracy or omission of descriptions, values or other particulars occurs without negligence;
8.2 the Courier of the goods will not violate or infringe any Act, regulation or Law, and the Customer hereby indemnifies and holds the Company harmless against any claims and/or damages which the Company may suffer by virtue of the Customer’s breach of this warranty;
8.3 the goods are the Customer’s sole property, alternatively, the Customer is authorised by the owner, to enter into the agreement subject to these general terms and conditions, and indemnifies the Company against any claim of any nature made by the owner, or any third party;
8.4 In case the consignment packaging is done by Customer, Customer should ensure that the packaging of the Consignment is adequate to make the Consignment carriage worthy so as to withstand the normal rigors and conditions of sending the same from one place to another;
8.5 Customer allow our Pick Up personnel (i) to take the pictures of the good(s) in the consignment (ii) pack it safely and carefully so as to protect against the ordinary risks of transport, or (iii) the performance by us of other services, including any associated sortation and/or handling process;
8.6 The consignee’s contact details have been fully, accurately and legibly entered on our consignment note and on an address label securely fixed by you to a prominent position on the outer surface of the consignment that can be clearly seen by us. In case, at the time of delivery address is found to be incorrect, parceled will not bear any liability in case of wrong delivery.
8.7 The contents of the consignment are not restricted by IATA, ICAO, and are not prohibited items, and neither Customer nor the consignee is a person or organisation with whom we or Customer may not legally trade under any applicable laws or regulations;
8.8 Customer agree to indemnify us and hold us harmless from any liabilities we may suffer or any costs, damages or expenses, including legal costs, we incur either to Customer or to anyone else arising out of Customer being in breach of any of these warranties, representations and guarantees, even if we inadvertently accept a consignment that contravenes any of Customer obligations
9. CONDITION OF GOODS
The onus of proving the quantity, type, physical properties, composition and/or condition of the goods and/or the condition of any container thereof, at the time of receipt thereof by the Company shall strictly at all times remain with the Customer. The delivery note, receipt or other document furnished or signed at such time by or on behalf of the Company shall not constitute conclusive proof thereof. The parties agree that it is the presumption that the condition of the goods at the time of delivery to the Consignee is the same as at the time that the Company received the goods from the Customer, and the burden of proving otherwise lies with the Customer or the Consignee.
10. CONDITIONS OF COURIER
10.1 The goods shall be carried at the sole risk of the Customer (or owner). The Customer hereby exempts the Company from and indemnifies the Company against all liability of whatsoever nature, subject only to 9.2 below, arising directly or indirectly from handling of the goods. This exemption and indemnity includes, but is not restricted to any liability for direct and/or consequential loss or damages arising from:
10.1.1 the loss of the goods;
10.1.2 damage to the goods;
10.1.3 the failure to collect or deliver the goods timorously, adequately or at all or from or to the correct address;
10.1.4 from any other cause arising, whether any such liability, loss or damage is caused by or arises from breach of contract, negligence or gross negligence, on the part of the Company, its servants, agents, employees or otherwise;
10.2 In the event that the Customer suffers any damage or loss which is directly attributable to any act or omission by the Company, the Company may, at its sole discretion, reimburse the Customer the tariff and related charges and costs charged by the Company to the Customer in respect of the Courier of the goods;
10.3 The Customer is required to ensure that it has communicated any special conditions, instructions or requirements for the Courier of the goods, including delivery and/or storage instructions, time sensitive documents etc. clearly and legibly in writing on the waybill accompanying the goods. No other instruction, whether verbal or written, shall be accepted as binding on the Company;
10.4 The Company shall not be liable for any loss arising due to confiscation of shipments by any Government Agencies due to lack of proper documents.
10.5 Proof of Delivery can be made available on customer’s request and such a request should be made with 30 days of the dispatch of the consignment. No claims will be accepted after the time limit.
10.6 Any limited liability of the Company, as set out above, shall terminate on the delivery of the goods to the Consignee at the address as set out by the Customer on the waybill.
11.1 The Company shall, only if requested to do so in writing by the Customer, effect insurance on any goods carried by it for and on behalf of the Customer in terms hereof, at the Customer’s expense. Any such insurances effected by the Company shall be subject to the usual exceptions and conditions of insurance held by the Company as indicated by the insurer or underwriter accepting the risk, and shall be subject to the necessary and required insurance declarations as to the nature and value of the goods in respect of each consignment requiring insurance to be prepared by the Customer.
11.2 The Company shall not be required to affect a separate insurance on each consignment.
11.3 Should insurer dispute any liability for any reason, Customer shall have recourse against the insurer only, and the Company shall not be under any liability in relation thereto.
12 SOLE AGREEMENTS
12.1 This agreement constitutes the sole record of the agreement between the parties. The Company shall not be bound by any express or implied term, representation, warranty, promise or the like not recorded herein or in manuscript on the waybill, which amendments must be signed by both parties accepting such amendments.
13.1 No addition to, variation of or agreed cancellation of this agreement shall be of any force or effect unless recorded in writing and accepted by the Company in writing.
14 INDULGENCES AND WAIVER
14.1 No relaxation or indulgence which the Company may grant to the Customer shall constitute a waiver of the rights of the Company and shall not preclude the Company from exercising any of its rights which may have arisen in the past or which might arise in the future.
15 CANCELLATION POLICIES
You can cancel the order by contacting our customer care via call or by e mail. Cancellation can be made subject to following conditions:
15.1 Cancellations should be made before the order is picked up. You will be charged 50% of the booking amount as Cancellation Charges before the order is picked up. Once the order is picked up no amount shall be refunded for the order so booked with the company only parcel shall be delivered back to the customer.
15.2 Refund will be credited in your bank account within one month by way of NEFT.
15.3 Consignment will be returned to you within 48 working hours of Cancellation.
16. CLAIMS PROCEDURE
If you wish to claim for a lost, damaged or delayed consignment, or for any other damages, you must comply with any applicable convention and with the following procedure otherwise we reserve the right to reject your claim:
16.2.1 You must notify us by calling our Customer Care within 7 days of delivery or estimated date of delivery in case of Damaged, Delayed, Wrong Delivery and Lost Shipment*.
Note: Consignment shall be deemed to be as lost if we or our service provider are unable track it within 28 days of Pick up. The consignment shall not be deemed to be lost if the consignment is confiscated by any authority including and not limited to government, semi – government, judicial or quasi – judicial etc.
16.2.2 You must document your claim by sending us all relevant information/documents* about the consignment and/or the loss, damage, wrong delivery or delay delivery suffered within 7 days of notifying us of your claim.
Note: Relevant information/documents means original invoice of the consignment. If the consignment is such that its gets depreciated, its value will computed after taking into account depreciation.
16.2.3 We are not obliged to act on any claim until our charges have been paid nor are you entitled to deduct the amount of your claim from our charges.
16.2.4 In order for us to consider a claim for damage, the contents of your consignment and the original packaging must be made available to us for inspection.
16.2.5 Save as otherwise provided by any applicable convention and or law, your right to claim damages against us shall be extinguished unless an action is brought in a court of law for the loss, damage, delay, within 3 years from the date of delivery of the consignment or from the date on which the consignment should have been delivered or from the date on which the carriage ended.
16.2.6 In case of acceptance by us of part or your entire claim, you warrant to us that your insurers or any other third party having an interest in the consignment shall have waived any rights, remedies or relief to which they might become entitled by subrogation or otherwise.
16.2.7 The Consignment shall be deemed as delayed delivery when it breaches the SLA, subject to its clearance by Govt, semi – govt authorities.
The Consignment shall be deemed as wrongly delivered when the consignment is not delivered at the address mentioned by the consignor and breaches the Agreement.
17 ADDRESSES FOR SERVICE
17.1 The parties choose as their respective address for service in respect of all notices or court processes in respect hereof their address as set out on the waybill.
SPECIAL CONDITIONS RELATING TO DANGEROUS, PERISHABLE, HIGH VALUE AND FRAGILE GOOD
18 DANGEROUS GOODS
18.1 “dangerous goods” shall include all hazardous, noxious, corrosive, inflammable or explosive materials or substances, or any other such product which may cause injury, infection, damage or harm and which are considered by the Company to be dangerous;
18.2 Unless otherwise agreed in writing, the Customer warrants that the goods are fit to be handled and transported in the ordinary way, and are not dangerous;
18.3 Unless otherwise agreed in writing, the Company will not knowingly handle any dangerous goods;
18.4 The Customer shall be liable for all losses or damage caused to the Company and/or any third party by all goods handled, and hereby indemnifies the Company against any claims arising in connection therewith;
18.5 Should the Company agree to handle any dangerous goods for any purpose, the Customer shall:
18.5.1 furnish the Company with a written declaration detailing the trade name, chemical composition and characteristics of the goods, which shall; and clearly define the precise respects or circumstances in which the goods are dangerous; and
18.5.2 shall ensure the goods bear the warning labels and declarations required in terms of the laws and regulations applicable to the transportation of dangerous goods;
18.5.3 shall provide the Company with all of the necessary permits, licenses or other applicable documentation required for the transport of such goods, at its own cost;
18.5.4 shall provide the Company with the requisite handling, storage, spillage and clean-up documentation in respect of such dangerous goods, to accompany the goods during transit, for reference in the event of any disturbance, breakage, spillage or other compromise of the goods during transit;
18.6 If, in the opinion of the Company, any of the goods become a danger to any person or property, the Company shall be entitled to immediately and without notice to the Customer dispose of the goods in question in a safe and responsible manner or take any other steps as it in its sole discretion deems prudent to avert danger, in which event the Company shall not be liable under any circumstances for the value of the goods or for any other loss or damage, whether direct or consequential, suffered by the Customer as a result of such disposal, and still be entitled to recover from the Customer the remuneration due for the handling of the goods together with the related costs incurred in disposing thereof and any other related costs.
Dangerous Goods includes the following materials:
1. Oil-based paint and thinners (flammable liquids)
2. Industrial solvents
3. Insecticides, garden chemicals (fertilizers, poisons)
4. Lithium batteries
5. Magnetized materials
6. Machinery (chain saws, outboard engines containing fuel or that have contained fuel)
7. Fuel for camp stoves, lanterns, torches or heating elements
8. Automobile batteries
9. Infectious substances
10. Any compound, liquid or gas that has toxic characteristics
12. Flammable adhesives
13. Arms and ammunitions
14. Dry ice (Carbon Dioxide, Solid)
15. Precious stones, gems and jewelry
16. currency and coins
18. Firearms, explosives and military equipment
19. Hazardous and radioactive material
21. Any pornographic material
22. Hazardous chemical items
19 PERISHABLE, HIGH VALUE AND FRAGILE GOODS
19.1 The Customer shall not contract for the Courier of perishable and/or high value and/or fragile goods, and in the event that the Customer does, without disclosing the details of the goods to the Company, the Company shall not be liable for any related loss or damage, howsoever arising;
19.2 In the event that the Company does accept such perishable, high value or fragile goods for Courier, the appropriate provisions of clause 16 shall apply.
20 CIRCUMSTANCES BEYOND 24X7 COURIER, CONTROL – FORCE MAJEURE
24×7 Courier, is not liable for any loss or damage arising out of circumstances beyond 24×7 Courier, control. These include but are not limited to:-`Act of God` – e.g. earthquake, cyclone, storm, flood, fog; `Force Majeure – e.g. civil war, plane crash ; any defect or characteristic related to the nature of the Consignment, riot or civil commotion; any act or omission by a person not employed or contracted by 24×7 Courier, e.g. Receiver, third party, customs or other government official; industrial action; and electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings.
The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions.
22 APPLICABLE LAW
Any dispute arising under or in any way connected with these Terms and Conditions shall be subject, for the benefit of 24×7 COURIER, to the non-exclusive jurisdiction of the courts of, and governed by the Indian law and the jurisdiction for the same shall be Mumbai.