Terms and Conditions

1. REPRESENTATION AND WARRANTIES OF THE SHIPPER:
   1. The shipper represents and warrants that:
      1. The shipper is the owner or the authorized agent of the owner of the goods entrusted to GI for carriage;
      2. The shipper shall be responsible for complying with all legislation applicable to the shipment, including central, state or local tax legislation, and shall furnish all documents as required under all such legislation.
      3. The information contained on the Waybill is true and correct and the shipment and each item/article in the shipment is properly described in the Waybill, invoice and other transit documents, if any, and conforms accurately to the actual contents of the shipment and does not contravene the provisions of the Indian Post Office Act, 1898 or any other law for the time being in force;
      4. The shipment does not contain any items the carriage of which is restricted or prohibited under the rules and regulations;
      5. The shipment is properly marked, addressed and packed to ensure safe handling.
      6. if required, the shipper shall furnish such information and such documents to GI as are necessary to meet the formalities under the respective local laws of the States through which the goods are likely to pass en route to destination. GI shall be under no obligation to enquire into the correctness or sufficiency of such information or documents.
   2. By tendering the goods for carriage to GI, the shipper is deemed to have accepted these Conditions for himself/itself and/or as an agent for and on behalf of any person having any interest in the shipment.
   3. The shipper agrees to pay the freight charges, service tax and other surcharges payable on the shipper.
2. INSPECTION OF SHIPMENTS;
   1. GI may, at its option, or upon the request of the competent authorities, open and inspect any shipment at any time, and shall incur no liability of any kind therefore.
   2. In accordance with applicable regulations, X-ray screening of shipments may be undertaken and the shipper and the recipient hereby waive any possible claims against GI for damages as a result thereof.
   3. GI shall not be liable in any circumstances for any claim, which relates to seizure or detention of goods in the course of transit by revenue, law enforcement or other government authorities.
3. UNDELIVERED OR UNCLIAMES SHIPMENTS:
   1. A shipment shall be considered to be undeliverable if (i) the recipient's address is incomplete, illegible, incorrect or cannot be located, (ii) the recipient fails or refuses to accept delivery or sign or pay for delivery of any shipment (iii) the shipment would likely cause damage or delay to other shipments or goods, or injury to persons, (iv) the shipment contains prohibited items, (v) the shipment's contents or packaging are damaged to the extent that re-wrapping is not possible, (vi) the shipment is detained or otherwise unable to clear local or State boundaries, (vii) if a recipient of a Collect on Delivery (COD) shipment fails or refuses on such delivery to pay the COD amount.
   2. In case a shipment remains undeliverable or unclaimed, GI shall serve a notice by registered mail upon the recipient or upon the shipper, if the recipient is not available, requiring him to remove the goods within a period of fifteen (15) days from the date of receipt of the notice and in case of failure to comply with the notice, GI shall have the right to sell such shipment without any further notice to the recipient or the shipper, as the case may be without incurring any liability whatsoever to the shipper or recipient or anyone else. GI shall, out of the sale proceeds so received, be entitled to retain a sum equal to the freight, storage and other charges due including expenses incurred for the sale and the surplus, if any, from such sale proceeds shall be returned to the recipient or shipper, as the case may be.
   3. In case a shipment remains undeliverable or unclaimed in accordance with Conditions 3.1.(vii) above, GI shall not deliver the shipment to the recipient and shall return the shipment to the shipper at the location where the shipment was first picked up. In this event, the shipper will be liable to make all payments for carriage of the shipment and its return.
4. LIABILITIES NOT ASSUMED
   1. GI will not be liable in any event for consequential or indirect losses or damages, including but not limited to loss of income or profits etc.
   2. GI shall not be liable for damages sustained in the event of destruction or loss of or damage to any shipment arising from causes beyond its reasonable control including but not limited to :- (a) an Act of God; (b) any consequences of war, armed conflict, invasion, act of foreign enemy, hostilities (whether war or not), civil war, riot, rebellion, insurrection, military or usurped power or confiscation, acts of terrorism, requisition or destruction of or damage to property by or under the order of any government or public or local authority, strike, lock-out, general or partial stoppage or restraint of labour from whatever cause; (c) seizure or forfeiture under legal process; (d) error, act, default, omission, mis-statement or mis-representation by the shipper, recipient or other owner of the goods or by servants or agents of either of them; (e) the violation of any of the terms and conditions contained on the Waybill or these Conditions, tariff or other terms and conditions applicable to the shipment including, but not limited to the incorrect declaration of the goods, improper or insufficient securing, marking or addressing of the shipment, defective packing by a person other than GI; (f) the loss of or damage to articles packed and sealed in packages by the shipper, provided that the seal is unbroken at the time of delivery and the Package retains its basic integrity; (g) the erasure of data from or the loss or irretrievability of data stored on magnetic tapes, files or other storage media, or erasure or damage of photographic images or soundtracks from exposed film; (h) GI’s failure to honour "package orientation" graphics (e.g., "UP" arrows, "THIS END UP" markings); (i) GI's failure or inability to attempt to contact the shipper or recipient concerning incomplete or inaccurate address, incorrect or incomplete documentation or non-payment of duties and taxes necessary to release a shipment; (j) loss of or damage to any Package for which GI has no record of receipt; (k) the act, default or omission of any public authority carried out in connection with the entry, exit or transit of the goods; (l) accidents to vehicles and other conveyances carrying the shipments; (m) flight delays; (n) refusal by recipient to accept the shipment or to give proper acknowledgment of receipt thereof; (o) inherent defect, quality or vice of the goods.
5. SHIPMENT INSURANCE:
   TheGI, can arrange insurance for the 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 GI, and pays the applicable premium. Shipment insurance does not cover indirect loss or damage, or loss or damage caused by delays.
6. DELAYED SHIPMENTS:
   GI, will make every reasonable effort to deliver the Shipment according to GI, regular delivery schedules, but these are not guaranteed and do not form part of the contract. GI is not liable for any damages or loss caused by delays.
7. SHIPMENT CHARGES & BILLING:
   GI will levy, Shipment charges as calculated according to the higher of actual or volumetric weight and any Shipment may be re-weighed and re-measured by GI, to confirm to this calculation. The Shipper shall pay or reimburse GI, for all Shipment charges, storage charges, duties and incurred taxes for services provided by GI, or incurred by GI, 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.
8. UNACCEPTABLE SHIPMENTS:
   The Shipper agrees that its Shipment is acceptable for transportation and is deemed unacceptable if it is classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organisation) and any applicable government department or other such relevant organisation;
9. TIME LIMITS FOR CLAIMS:
   All claims must be submitted in writing to GI, within thirty (30) days from the date that GI, accepted the Shipment, failing which GI, shall have no liability whatsoever.
10. LIMITATION OF LIABILITY:
    GI, liability in respect of any one Shipment transported is limited to its actual cash value and shall not exceed the greater of Rs.________ (or)Rs.________/kilogram for Shipments transported by air. Claims are limited to one claim per Shipment settlement which will be full and final settlement for all loss or damage in connection therewith. If Shipper regards these limits as insufficient it must make a special declaration of value and request insurance as described in Section 5 (Shipment Insurance) or make its own insurance arrangements, failing which the Shipper assumes all risks of loss or damage.
11. All demands claims arising from the Shipment note shall be made at the registered office of GI situated at _______________________________.
12. Any dispute or differences arising from the Shipment shall be referred to adjudication by a sole arbitrator appointed by GI to adjudicate any dispute differences or claims arising out of the Shipment.The venue of arbitration shall be at Chennai and Courts at Chennai shall have the exclusive jurisdiction all claims arising from the Shipment.
13. The terms and conditions stipulated are in addition to special contracts, if any between GI and the parties.