Terms and Conditions of CJ Darcl Logistics Limited

In terms of the Agreement executed between CJ Darcl Logistics Limited (CJD) & Customer, following terms and conditions as set out hereunder are accepted

THE CONSIGNMENT
1. The CJD Shipment/Consignment is non-negotiable, and the shipper/consignor acknowledges that it has been prepared by the sipper/consignor or by CJD on behalf of the shipper/consignor.
2. The responsibility of CJD for a shipment/consignment accepted under a Consignment ceases when the consignee acknowledges the receipt of the shipment/consignment by affixing his signature on the Return to origin copy and/or the delivery sheet.
3. All shipment/consignments under the consignment are carried at Owner’s risk.
SHIPPER/CONSIGNORS OBLIGATION ANDACKNOWLEDGEMENT
1. The Shipper/consignor warrants that he is the owner or the authorized agent of the owner of the goods transported hereunder, and that the shipper/consignor hereby accepts CJD terms and conditions for itself and/or as an agent for and on behalf of any other person having any interest in the shipment/consignment.
2. The shipper/consignor warrants that each article in the shipment/consignment is properly described on this Consignment, and it does not contravene the provisions of the Indian Post Office Act or any other law for the time being in force and has not been declared by CJD to be unacceptable for transport as specified under Section 12 below and that the shipment/consignment is properly marked and addressed and packed to ensure safe handling. The shipper/consignor indemnifies CJD against any claim or liability related to this.
3. The shipper/consignor shall be solely liable for all costs and expenses (which shall without limitations include GST taxes, Statutory Levies, and import duties) related to the shipment/consignments and for costs incurred either in returning the shipment/consignment to the shipper/consignor or warehousing the shipment/consignment pending such return.
4. The Shipper/consignor accepts the condition that the shipment/consignment is being carried by CJD from point of rendering only up to the address show non this Consignment and in case this shipment/consignment has to be rerouted/redirected/returned for any reason whatsoever, the shipper/consignor shall pay in advance all charges levied by CJD for such rerouting/redirection/return as per the normal schedule of CJD as also any, custom duties, warehousing charge, freight charges GST Taxes and import duties etc. applicable there on. CJD will hold such shipment/consignment at destination mentioned on the Consignment for the maximum period of 10 days from the date of shipment/consignment. Thereafter, CJD reserves the right to destroy the shipment/consignment without informing the shipper/consignor and the shipper/consignor shall indemnify CJD against any claim or liability.
5. GST (Goods & Service Tax) E-way bill is an electronic form for movement of goods. The Shipper/consignor should ensure compliance as prescribed under GST based on consignment value i.e., the date of roll out by Government of India. Any non-compliance in generation of E-way bill by Shipper/consignor may result in delay in delivery/non-delivery of shipment/consignments booked and in any such case Shipper/consignor shall be liable for the penalties imposed due to such non-compliance by the authorities. All such penalties shall be borne by the shipper/consignor and CJD shall not be liable in this regard.
CJD RIGHT OF INSPECTIONOF SHIPMENT/CONSIGNMENT
1. CJD has the right but not the obligation to open and/or inspect the shipment/consignment.
2. CJD reserves the right to refuse shipment/consignments for not conforming to these terms and conditions without assigning any reasons what so ever.
INSURANCE
1. While CJD has developed a sophisticated tracking system for all shipment/consignments carried in its network and has experienced manpower to handle all shipment/consignments, THE SHIPPER/CONSIGNOR may, if he so desires insure his shipment/consignments at his own costs.
2. CJD can arrange insurance of shipment/consignment on behalf of the shipper/consignor for the declared value of goods in respect of loss of or physical damage
  to such shipment/consignments. CJD shall be only responsible for the administrative facilitation and arrangement of the insurance policy. The said policy will be
  subject to the following terms and conditions:
  1. Shipper/consignor shall pay Freight on Value (FOV) to CJD, which will include applicable premium on declared value and service charges of CJD.
  2. Shipment/consignments Insurance does not cover any indirect loss or damage, or loss or damages caused on account of any delays in delivery of shipment/consignments.
  3. Loss or damage to the shipment/consignment shall be notified by the shipper/consignor/consignee to CJD immediately. The settlement of the claim shall be as per the assessment by the Surveyor appointed by the Insurance Company and shall be binding on the Shipper/consignor. Any difference between the amount claimed by the shipper/consignor and the actual settlement shall be borne by the Shipper/consignor and CJD will not be held liable under any circumstances.
  4. IV. Notwithstanding anything stated hereinabove no claim shall be entertained under the Insurance Arrangement if freight together with FOV charges is not paid by the shipper/consignor/consignee to CJD.
TAXES
1. All taxes such as GST, custom duties, warehousing charges, freight charges and other statutory payments levied on the shipment/consignments are to be borne by the Consignee and in his absence the same will be borne by the SHIPPER/CONSIGNOR. CJD will not extend any credit for GST, custom duties, port charges, warehousing charges, freight charges and other statutory charges.
  In case the Shipper/Consignor fails to comply any of compliances w.r.t above-mentioned taxed or charges due on its part and CJD on behalf of the Shipper/Consignor complies such statutory compliances then CJD will be entitled to get entire reimbursement by the Shipper/Consignor immediately.
CHARGEABLE WEIGHT
1. Every shipment/consignment shall be charged by its chargeable weight as defined hereunder and not the actual weight subject to minimum chargeable weight detailed in the contract or in the pricelist. The chargeable weight shall be higher of(a)the actual weight rounded off to one kg. as per the rate category agreed to or (b)the volume weight similarly rounded of as in(a) above.
2. Volume weight of the shipment/consignment in kg. is its gross cubic cms i.e., Length x Width x Height divided by 5000 (for Rail), Length x Width x Height divided by 6000 (for Air), Length x Width x Height divided by 5000 (for Road)
LIEN ON GOODS SHIPPED
1. THE SHIPPER/CONSIGNOR acknowledges CJD’s right of lien on its shipment/consignments for any outstanding freight, any other applicable charges, GST taxes, duties, levies, advances arising out of transportation and warehousing services, whether pertaining to past or present outstanding, in respect of any or all shipment/consignments carried under this Contract and may refuse to surrender possession of the shipment/consignments until all such charges are paid.
2. Further, if such charges are not paid to CJD within 10 days, then CJD may store the goods at defaulting SHIPPER’s/CONSIGNOR’s/ CONSIGNEE’s own risk, including the warehousing charges and demurrage accruing thereon.
3. CJD further reserves its right to sell the goods by public auction, tender, private agreement or otherwise or even dispose of the goods without prejudice to CJD’s other legal remedies to recover its costs, charges and expenses, if the charges as indicated aforesaid are not paid by the SHIPPER/CONSIGNOR/CONSIGNEE within 10 days.
4. In case of perishable goods, CJD shall have the right to dispose of/sell the goods immediately and without any notice and the shipper/consignor shall keep CJD indemnified against all claims, charges and expenses incurred by CJD due to such perishable goods entering into the network of CJD.
5. 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/GST purposes, or consignee can not be reasonably identified or located, CJD shall use reasonable efforts to return the Shipment/consignment to Shipper/consignor at Shipper/consignor’s cost, failing which the Shipment/consignment may be released, disposed of or sold by CJD without incurring any liability whatsoever to the Shipper/consignor or anyone else. The proceeds so obtained, shall be applied against service charges and related administrative costs.
LIMITATION OF LIABILITY
1. Without prejudice to Section 9 and 10, the liability of CJD for any loss or damage to the shipment/consignment (which term shall include all documents or parcels consigned through CJD) shall be either (a) ₹ 5,000/- or (b) The amount of loss or damage to the document or parcel actually sustained for shipment/consignments which are not insured as mentioned below and the actual value of the document or parcel so determined will be without regard to the commercial utility or special value to the shipper/consignor, whichever is lower.
  1. The actual value of the document or parcel shall be ascertained by reference to the cost of preparation or replacement/reconstruction value at the time and place of shipment/consignment but under no circumstances shall exceed ₹ 5,000/-.
  2. The actual value of a parcel (which term shall include any item of commercial value which is transported here under) shall be ascertained by reference to its cost by repair or replacement/resale or fair market value not exceeding the original cost of the article actually paid by the shipper/consignor subject to and within overall limit of ₹5,000/-.
2. In the event of any loss or damage to shipment/consignments, which are insured by the shipper/consignor, CJD may at the request of the SHIPPER/CONSIGNOR, issue loss/damage/shortage Certificate with the sole purpose of enabling the SHIPPER/CONSIGNOR to lodge insurance claim with its Insurance Company. The SHIPPER/CONSIGNOR agrees and acknowledges that the loss/shortage/damage Certificate will be issued by CJD, without prejudice and without admission of any claim, and that CJD shall be discharged of all liabilities, if any, arising out of the shipment/consignment on acceptance of the loss/damage/shortage certified by the Shipper/consignor.
3. In case of services offered by CJD. CJD will not be held liable for any civil and/or criminal proceedings as regards any contractual obligations and payment terms between the shipper/consignor and the consignee. In the event of any default in payment on the part of consignee, the shipper/consignor will not hold CJD responsible for the same in any manner whatsoever. CJD merely carries the instrument under the authorization conferred by the Shipper/consignor and cannot be challenged by the Shipper/consignor for the authenticity of such payment made
CONSEQUENTIAL DAMAGES EXCLUDED
1. CJD shall not be liable in any event for any consequential or special damages or other direct or indirect loss, how so ever, arising whether or not CJD has knowledge that such damages might be incurred, including but not limited to loss of income, profits, interest, utility or loss of market.
LIABILITIES NOTASSUMED
1. In particular, CJD will not be liable for any loss and damage to the shipment/consignment or a delay in picking up or delivering shipment/consignment if it is:
  1. Due to acts of God, force majeure occurrence of any cause reasonably beyond the control of CJD or loss or damage caused through strikes, Terrorist attack, robbery, hijacking, riots, political and other disturbances such as fire, accident of the vehicle carrying the goods, explosions, lockdown, pandemic, epidemic beyond the control of CJD for the goods that are carried by CJD.
LIABILITIES NOTASSUMED
1. In particular, CJD will not be liable for any loss and damage to the shipment/consignment or a delay in picking up or delivering shipment/consignment if it is:
  1. Due to acts of God, force majeure occurrence of any cause reasonably beyond the control of CJD or loss or damage caused through strikes, Terrorist attack, robbery, hijacking, riots, political and other disturbances such as fire, accident of the vehicle carrying the goods, explosions, lockdown, pandemic, epidemic beyond the control of CJD for the goods that are carried by CJD.
  2. Caused by:
    1. The act, fault or omission/commission of any act of the shipper/consignor/the consignee or any other party claiming an interest in the shipment/consignment (including violation of any terms or conditions thereof) or any other person.
    2. Carriers such as Airlines or Airways not adhering to schedule for any reason whatsoever.
    3. GovernmentofficialsindischargeoftheirofficialdutiessuchasCustoms/GSTinspection etc.
    4. The nature of the shipment/consignment or any defective characteristics or inherent vicetherein.
    5. Electrical or magnetic injury erasure or other such damages to Photographic images or recording in any form.
2. Notwithstanding what is stated above, whilst CJD will endeavor to exercise its best efforts to provide expeditious delivery in accordance with its regular delivery, CJDWILLNOT UNDERANY CIRCUMSTANCES BE LIABLE FOR DELAY IN PICK UP, TRANSPORTATION OR DELIVERY OF ANY SHIPMENT/CONSIGNMENT REGARDLESSOF CAUSE OF SUCHDELAYS.
3. No liability is assumed for any errors and/or omissions in any information/data, which is imparted in respect of the shipment/consignment travelling under the Consignment. 10.4. The shipper/consignor indemnifies CJD against loss, damages, penalties, actions proceedings etc. that may be instituted by any Government officials in discharge of their official duties including but not limited to Customs/GST inspection etc.
4. The shipper/consignor indemnifies CJD against loss, damages, penalties, actions proceedings etc. that may be instituted by any Government officials in discharge of their official duties including but not limited to Customs/GST inspection etc.
5. Shipper/consignor agrees to indemnify CJD and keep CJD indemnified at all times against any and all liability, damages, loss which CJD incurs or may incur due to breach of any obligations required to be done by the Shipper/consignor under the Provisions of “GST Acts”.
CLAIMS
1. Any claim arising after the delivery of the shipment/consignment shall be informed to CJD by writing an email at customerservice@cjdarcl.com within 7 days from the date of such delivery. No claim can be made against CJD beyond this time limit.
2. No claim for loss or damage will be entertained until all charges have been paid. The amount of any such claim will not be deducted from any transportation charges owed to CJD. 11.3. No suit shall lie against CJD in respect of or relation to the subject consignment after the expiry of 3 months from the date of booking.
MATERIALS NOT ACCEPTABLE FOR CARRIAGE
1. CJD accepts all kinds of goods for transportation like: Valuables, Commercial, Documents, Literature, Sophisticated/High Technology Goods, Papers, Manuscripts, Securities of all kinds, Materials, Merchandise, Trade Samples and other items of alike nature.
  CJD will not carry materials as under: Classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA ( International Air Transport Association ), ICAO (International Civil Aviation Organization), Carriage by Road Act, 2007 amended from time to time, or prescribed acts, rules and regulations of Indian Railways or any other applicable act of the land, any government department or other relevant organization.
  Not permitted by the laws/rules/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 CJD to be restricted and/or banned and/or dangerous and/or prohibited from time to time (such items including but are not limited to animals, bullion, currency, bearer from negotiable instruments, precious metals and stones, firearms or part thereof and ammunition, human remains, pornography and illegal narcotics/drugs) shall not be transported by CJD.

NOTE: ALL DISPUTES & CLAIMS ARE SUBJECT TO GURUGRAM JURISDICTION
Any disputes arising in connection with this or any amendment thereto, including but not limited to any questions regarding existence, validity or termination, shall be finally settled through amicable negotiation, failing which the disputes shall be resolved finally through arbitration conducted by the Sole arbitrator mutually appointed by both the parties herein, in accordance with the Arbitration and Conciliation Act, 1996 (asamendeduptodate).ThevenueofthearbitrationshallbeGurugram(Haryana)India,andthelanguageof the arbitration shall be in English.
These terms and conditions shall be governed by and construed in accordance with the laws of India. The Courts at Gurugram (Haryana), India shall have the exclusive jurisdiction.