1. When booking consignment they should ensure that the Consignee’s full address, Designation, specific department name and Tender Opening Time are written legibly on the consignment. This will ensure prompt and speedy delivery.
2. If more than one consignment is booked to the same consignee, it has to be ensure that the full address is written on all the consignments.
3. You have to hand over all their consignments before the specified CUT-OFF-TIME for on time delivery.
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.
5. You have to ensure their consignments if it contains valuable items.
6. The company shall not be liable for any loss arising due to the causes beyond its control such as Floods, Accidents, Fire, Theft, War Etc.
7. Every effort is made to adhere to the delivery schedule, but it may be delayed in the circumstances beyond the control.
8. Octroi or any other charges levied by any Central/State/Local Authorities wherever applicable shall be extra and the consignor should pay it.
9. The company is not liable for any loss, miss-delivery, delay or damage to any article/things/documents sent and no officer of the company is liable for any such loss or delay or damage, except to the extent of clause mentioned above in Sl.No.3.
10. Shift My Cargo has the right but not the obligation, to inspect any shipment without prior intimation to the consignor for checking the contents.
11. All matters of business should be settled within the jurisdiction of the Booking station.
12. 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.
13. Parcels shall be accompanied by the following forms to meet the requirements of sales tax authorities.
Kerala – 27B, UP – 31A, Gujarat – Invoice/Declaration, West Bengal way bill 42 (Octroi payable for Gujarat, Haryana, Maharashtra, Punjab and Rajasthan).
IMPORTANT NOTICE
When ordering SHIFT MY CARGO’s services you, as “Shipper”, are agreeing, on your behalf and on behalf of anyone else with an interest in the Shipment, that the Terms and Conditions shall apply from the time that SHIFT MY CARGO accepts the Shipment unless otherwise agreed in writing by an authorized officer of SHIFT MY CARGO.
“Shipment” means all documents or parcels that travel under one waybill and which may be carried by any means SHIFT MY CARGO chooses, including air, road or any other carrier. A “waybill” shall include any label produced by SHIFT MY CARGO automated systems, waybill, or consignment note and shall incorporate these Terms and Conditions. Every Shipment is transported on a limited liability basis as provided herein. If Shipper requires greater protection, then insurance may be arranged at an additional cost. (Please see below for further information). “SHIFT MY CARGO” means any member of the SHIFT MY CARGO Express Network.
1. Customs, Exports and Imports
SHIFT MY CARGO may perform any of the following activities on Shipper’s behalf in order to provide its services to Shipper: (1) complete any documents, amend product or service codes, and pay any duties or taxes required under applicable laws and regulations, (2) act as Shipper’s forwarding agent for customs and export control purposes and as Receiver solely for the purpose of designating a customs broker to perform customs clearance and entry and (3) redirect the Shipment to Receiver’s import broker or other address upon request by any person who SHIFT MY CARGO believes in its reasonable opinion to be authorized.
2. Unacceptable Shipments
Shipper agrees that its Shipment is acceptable for transportation and is deemed unacceptable if:
3. Deliveries and Undeliverables
Shipments cannot be delivered to PO boxes or postal codes. Shipments are delivered to the Receiver’s address given by Shipper (which in the case of mail services shall be deemed to be the first receiving postal service) but not necessarily to the named Receiver personally. Shipments to addresses with a central receiving area will be delivered to that area. If the Shipment is deemed to be unacceptable, or it has been undervalued for customs purposes, or Receiver cannot be reasonably identified or located, or Receiver refuses delivery or to pay for delivery, SHIFT MY CARGO shall use reasonable efforts to return the Shipment to Shipper at Shipper’s cost, failing which the Shipment may be released, disposed of or sold by SHIFT MY CARGO without incurring any liability whatsoever to Shipper or anyone else, with the proceeds applied against service charges and related administrative costs and the balance of the proceeds of a sale to be returned to Shipper.
4. Inspection
SHIFT MY CARGO has the right to open and inspect a Shipment without notice.
5. Shipment Charges
SHIFT MY CARGO’s Shipment charges are calculated according to the higher of actual or volumetric weight and any Shipment may be re-weighed and re-measured by SHIFT MY CARGO to confirm this calculation. Shipper shall pay or reimburse SHIFT MY CARGO for all Shipment charges, ancillary charges, duties and taxes owed for services provided by SHIFT MY CARGO or incurred by SHIFT MY CARGO on Shipper’s or Receiver’s or any third party’s behalf and all claims, damages, fines and expenses incurred if the Shipment is deemed unacceptable for transport as described in Section 2.
6. SHIFT MY CARGO’s Liability
SHIFT MY CARGO’s liability is strictly limited to direct loss and damage only and to the per kilo/Ib limits in this Section 6. All other types of loss or damage are excluded (including but not limited to lost profits, income, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to SHIFT MY CARGO’s attention before or after acceptance of the Shipment. If a Shipment combines carriage by air, road or other mode of transport, it shall be deemed to have been carried by air. SHIFT MY CARGO’s liability in respect of any one Shipment transported, without prejudice to Sections 7-11, is limited to its actual cash value and shall not exceed:
7. Time Limits for Claims
All claims must be submitted in writing to SHIFT MY CARGO within thirty (30) days from the date that SHIFT MY CARGO accepted the Shipment, failing which SHIFT MY CARGO shall have no liability whatsoever.
8. Shipment Insurance*
SHIFT MY CARGO can arrange insurance for Shipper covering the actual cash value in respect of loss of or physical damage to the Shipment, provided the Shipper completes the insurance section on the front of the waybill or requests it via SHIFT MY CARGO’s automated systems and pays the applicable premium. Shipment insurance does not cover indirect loss or damage, or loss or damage caused by delays.
* Not available for mail services
9. Delayed Shipments and Money-Back Guarantee
SHIFT MY CARGO will make every reasonable effort to deliver the Shipment according to SHIFT MY CARGO’s regular delivery schedules, but these schedules are not binding and do not form part of the contract. SHIFT MY CARGO is not liable for any damages or loss caused by delays.
Certain services have a money-back guarantee which provides for a credit or refund for delay of all or part of the Shipment’s transport charges in some cases.
10. Circumstances Beyond SHIFT MY CARGO’s Control
SHIFT MY CARGO is not liable for any loss or damage arising out of circumstances beyond SHIFT MY CARGO’s control. These include but are not limited to:- electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings; any defect or characteristic related to the nature of the Shipment, even if known to SHIFT MY CARGO; any act or omission by a person not employed or contracted by SHIFT MY CARGO - e.g. Shipper, Receiver, third party, customs or other government official; “Force Majeure” - e.g. earthquake, cyclone, storm, flood, fog, war, plane crash or embargo, riot or civil commotion, industrial action.
11. International Conventions
If the Shipment is transported by air and involves an ultimate destination or stop in a country other than the country of departure, the Montreal Convention, or the Warsaw Convention as applicable, governs. For international road transportation, the Convention for the International Carriage of Goods by Road (CMR) may apply. These conventions limit SHIFT MY CARGO’s liability for loss or damage.
12. Shipper’s Warranties and Indemnity
Shipper shall indemnify and hold SHIFT MY CARGO harmless for any loss or damage arising out of Shipper’s failure to comply with any applicable laws or regulations and for Shipper’s breach of the following warranties and representations:
13. Routing
Shipper agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places.
14. Governing Law
Any dispute arising under or in any way connected with these Terms and Conditions shall be subject, for the benefit of SHIFT MY CARGO, to the non-exclusive jurisdiction of the courts of, and governed by the law of, the country of origin of the Shipment and Shipper irrevocably submits to such jurisdiction, unless contrary to applicable law.
15. Severability
The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions.
