1. HP Courier & Logistic Pvt. Ltd.
This AIR WAY BILL is to be regarded as a “Contract” between Owners or Dispatchers of the Goods specified on this AIR WAY BILL on the one hand and HP Courier & Logistic Pvt. Ltd. there in after referred to as HP Courier & Logistic Pvt. Ltd. (which terms shall include its employees, Servants, Agents) on the other hand for the transportation of the said goods as booked from Booking Station Specified on A the AIR WAY BILL to the Destination.
2. HP Courier & Logistic Pvt. Ltd. accepts all kinds of goods for transportation like: Valuables, Literature, Sophisticated/High Technology Goods, Papers, Manuscripts, Securities of all kinds, Materials, Merchandise. Trade Samples and other items of like nature but EXCLUDING all dangerous, Explosives, Hazardous, Inflammable, Combustible, Contraband & Prohibited Goods, Bullion Gems, currency notes etc., HP Courier & Logistic Pvt. Ltd. has the right but not obligation to open/inspect any or all consignments. Every shipment shall be charged by its chargeable weight and not by actual weight(whichever higher).
3. Carrying terms & conditions
HP Courier & Logistic Pvt. Ltd. hereby agrees to carry the goods from booking station (consignor) to the destination (consignee) as specified on this AIR WAY BILL on terms and conditions, as agreed & mentioned here under. All goods are accepted for transportation by Road, Rail, Air or Sea at the sole discretion on HP Courier & Logistic Pvt. Ltd. to carry the goods through any media as it may deem fit. No employees, expect management of HP Courier & Logistic Pvt. Ltd. may in any manner. alter or modify the terms and conditions set on this AIR WAY BILL. The consignments are accepted for transit by HP Courier & Logistic Pvt. Ltd. on PROHIBITED GOODS (as specified in point “2”) and properly packed, marked and addressed so as to ensure safe transportation and del safe transportation and deliver. The consignor (s) acknowledges that HP Courier & Logistic Pvt. Ltd. is not a Common Carrier” and that HP Courier & Logistic Pvt. Ltd. All times shall have the right to refuse any goods offered for transportation without assigning reason whatsoever.
As the contents, nature, quality, condition and value of the subject consignment are unknown to HP Courier & Logistic Pvt. Ltd. and the same has been accepted (as packed and declared by the owners) in goods faith for transportation as indicated on the AIR WAY BILL. HP Courier & Logistic Pvt. Ltd. shall not, in any way, be responsible or liable to the consignor and/or consignee for any loss/damage or non delivery of the subject consignment, attributed to or caused by any incorrect or false, declaration and/or defective packing, marking or addressing of the subject consignment by consignors, but the consignors shall be responsible and liable to HP Courier & Logistic Pvt. Ltd. for the consequences of their improper action as above.
4. The consignor/consignee shall without any limitation, be solely liable to HP Courier & Logistic Pvt. Ltd. for all costs and expenses which would include OCTROI/OTHER TAXES/LEVIES related to the consignment and the costs of warehousing and return of the consignment to the consignee if desired by them.
5. Lien on consignment
HP Courier & Logistic Pvt. Ltd. shall have a general lien on consignment(s) in case the consignee fails to pay the freight, octroi, state and local taxes or other charges on the consignment due to any reason HP Courier & Logistic Pvt. Ltd. may refuse to surrender possession of goods until such charges are paid.
6. Limitation of HP Courier & Logistic Pvt. Ltd. liability
The liability of HP Courier & Logistic Pvt. Ltd. to the consignor/consignee for any loss or damage or non delivery of the subject consignment shall be limited to Rs. 1000/- (Rupees One Thousand only). Unless otherwise agrees to by any specific declaration on this AIR WAY BILL.
7. Limitation of the company’s liability/liabilities not assumed by the company
While the company will use its best endeavor to effect delivery of the subject consignment as agreed, HP Courier & Logistic Pvt. Ltd. will not, in any circumstance, assume any responsibility or liability for any loss (direct or consequential, irrespective of the amount involved) alleged to have been sustained by the consignor/consignee arising our of or caused by delay in the pick-up, transportation and delivery of the subject consignment due to:
(a) Act of god, natural calamities or causes, floods or convulsions of nature, any variation in temperature, weather condition etc., fire and explosion, accidents to the carrying vehicles, or by the action of terrorists, militants or activists or by persons acting form a political motive or caused by or resulting rom strikes, lock-outs labour disturbances, riots or civil commotions etc., provided HP Courier & Logistic Pvt. Ltd. has exercised reasonable care and precaution in the transportation of the subject consignment.
(b) Any act, default, commission on the part of the consignor/consignee or any other interested third party, howsoever arising.
(c) “Inherent Vice” or the nature or any special characteristics of the subject consignment, and:
(d) Electric or magnetic injury, erasure or other such damage to photographic or electronic pictures, images or recording in any form.
8. Claim for loss or damage to the subject consignment
No claim shall be entertained by HP Courier & Logistic Pvt. Ltd. until its entire freight charges etc., or any outstanding are paid by the consignor or consignee as the case may be and if any claim arises against subject consignment if should be brought in to the notice of the company in writing within 7 days from the date of booking at the booking station, Any such claim will not be entertained by the company after the expiry of 10 days from the date booking.
9. This contract shall not insure to the benefit of any of the general insurers operating in India.
10. No suit shall lie against HP Courier & Logistic Pvt. Ltd. in respect of or in relation to the subject consignment after the expiry of 3 months from the date of booking.
11. Jurisdiction
The competent court in the state of AHMEDABAD alone shall have jurisdiction in respect of all claims and/or matters pertaining to the subject consignment or arising out of this contract.