1. THE WAY BILL
1.1 The carrier Way bill is non negotiable and the shipper acknowledges that it has been
prepared by the shipper or by Carrier on behalf of the shipper.
1.2 The responsibility of Carrier for a shipment accepted under a Waybill ceases when the
consignee acknowledges the receipt of the shipment by affixing his signature on the return to
the POD copy and/or the delivery sheet.
1.3 All shipments under the Waybill are carried at Owner’s risk.
2. SHIPPER OBLIGATION AND ACKNOWLEDGMENT
2.1 By tendering materials of shipment via Carrier it is deemed that the shipper agrees to the
terms and conditions stated herein.
2.2 The shipper warrants that he is owner of the goods transported here under and the shipper
hereby accepts Carrier terms and conditions for itself and/or as an agent for and on behalf of
any other person having interest in the shipment.
2.3 The shipper warrants that each article in the shipment is properly described on this Waybill
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 Carrier to be unacceptable for transport as
specified under Section 12 below and that the shipments is properly marked and addressed and
packed to ensure safe handling.
2.4 The shipper shall be solely liable for all costs and expenses (which shall without
limitations include Octroi state and local taxes and imports) related to the shipments and for
costs incurred either in returning the shipment to the shipper or warehousing the shipment
pending such return.
2.5 The shipper accepts the conditions that the shipment is being carried by Carrier from points
of rendering only upto the address shown on this Waybill and incase this shipment has to
reroute/redirected/returned for any reason whatsoever the shipper shall pay in advance all
changes levied by Carrier for such rerouting/redirected/returned as per the normal schedule of
Carrier as also any Octori State Local Taxes Imports etc. applicable thereon. Carrier will hold
such shipments at Destination mentioned on the Waybill for maximum period of 10 days from the
date of shipment thereafter Carrier reserves the right to destroy the shipment without informing
the shipper and the shipper indemnifies Carrier against any claim or liability.
2.6 Packing of the material rendered for the shipment is the responsibility of the shipper
including placement of such material inside the containers supplied by Carrier if any
notwithstanding anything as in the terms and conditions.
3. Carrier RIGHT OF INSPECTION OF SHIPMENT
3.1 Carrier has the right but not the obligation to open and/or inspect the shipment.
3.2 Carrier reserves the right to refuse shipments not conforming to these terms and conditions
without assigning any reasons whatsoever.
4. INSURANCE
4.1 While Carrier has development a sophisticated tracking system for all shipment carried in
its network and has experienced man power to handle all shipments. THE SHIPPER may if he so
desires insure his shipments at his own costs.
5. OCTROI
5.1 Any Octroi Sales Tax or Duties as may be applicable on this shipment will be payable by the
consignee at the time of delivery of the shipment Carrier reserves the right of lien on any
shipment till all its duties are paid in full in respect of freight octroi taxes and other
charges.
6. CHARGEABLE WEIGHT
6.1 Every shipment shall be charged by its chargeable weight as defined hereunder and not the
actual weight. The chargeable weight shall be higher of (a) the actual weight rounded off to the
next higher half kg. or one kg. as per the rate category agreed to or (b) the volume weight
similarly rounded off as in (a) above.
6.2 Volume weight of the shipment in kilograms is its gross cubic volume in cubic centimeter
divided by 4700.
7. LIEN ON GOODS SHIPPED
7.1 Carrier will have a lien on goods shipped for all freight charges Octroi State and Local
taxes advance or other charges of any kind arising out of transportation here under and may
refuse to surrender possession of goods until such charges are paid.
8. LIMITATION OF LIABILITY
8.1 Without prejudice to section 9 and section 10 the liability of Carrier for any loss or
damage to the shipment (which terms shall include all documents or parcels consigned through
Carrier) shall be lowest of (a) US$ 50/- (International) and Rs. 1,000/- (Domestic) or (b) The
amount of loss or damage to the document or parcel as determined without regards to the
commercial utility or special value to the shipper.
(i) 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 shipments but under no
circumstances shall exceed US$ 50/- (International) and Rs. 1,000/- (Domestic).
(ii) The actual value of a parcel (which term shall include any item of commercial value which
is transported hereunder) shall be ascertained by reference to the cost by repair of
replacement/resale or fair market value not exceeding the original cost of the article actually
paid by the shipper always within the overall limit of US$ 50/- (International) and Rs. 1,000/-
(domestic).
9. CONSEQENTIAL DAMAGES EXCLUDED
9.1 Carrier SHALL NOT BE LIABLE IN ANY EVENT FOR ANY CONSEQENTIAL OR SPECIAL DAMAGES OR OTHER
DIRECT OR INDIRECT LOSS HOWSOEVERARISING whether or not Carrier has knowledge that such damages
might be incurred including but not limited loss of income profit, interest, utility of loss of
market.
10. LIABILITIES NOT ASSUMED
10.1 In particular Carrier will not be liable for any loss or damage to the shipment or a delay
in picking up or delivering shipment if it is.
a. Due to acts of God force majeure occurrence if any cost reasonably beyond the control of
Carrier of loss or damages cost true strikes, riots, political, and other disturbances such as
fire, accident of the vehicle carrying the goods explosions, beyond our control for the goods
that are carried by us.
b. Caused by
i)The act, fault or commission of the shipper, the consignee or any other party claiming an
interest in the shipment (including violation of any terms or conditions thereof) or any other
person.
ii)Carrier such as Airlines or Airways not adhering to schedule for any reason whatsoever.
iii) Government officials in discharge of their officials duties such as Customs/Texation/Octroi
inspection etc.
iv)The nature of the shipment or any defects characteristics inherent vice thereof.
v) Electrical are magnetic injury erasure of other such damages to photographic images or
recording in any form.
10.2 The shipper indemnifies Carrier against loss damages penalties actions proceedings etc.
that may be instituted by any Government Officials in discharge of their official duties such as
Customs/ Taxation/ Octroi inspection etc.
10.3 Notwithstanding but is started above whilst Carrier will endeavour to exercise its best
efforts to provide expedious delivery in accordance with its regular delivery, Carrier WILL NOT
UNDER ANY CIRECUMSTANCES BE LIABLE FOR DELAY IN PICK UP TRANSPORTATION OR DELIVERY OF ANY
SHIPMENT REGARDLESS OF CAUSE OF SUCH DELAYS.
11. CLAIMS
11.1 Any claim must be brought by the shipper and delivered in writing to the office of Carrier
nearest to the location at which the shipment is accepted with in 30 days of the date of such
acceptance No claim can be made against Carrier beyond this time limit.
11.2 No claim for loss or damages will be entertained until all charges have been paid. The
amount of such claim will not be deducted from any transportation, Charges owned to Carrier.
12. MATERIALS NOT ACCEPTED FOR CARRIAGE
12.1 Except as per written agreement, between shipper and Carrier.
a. Not permitted by the loss/rules/restrictions in force and
b. Any items notified by Carrier to be a prohibited item. Including share certificate and blank
signed share transfer forms.
12.2 A detailed list of materials not accepted for carriage is available on request.
NOTE ALL DISPUTES & CLAIMS ARE SUBJECT TO JURISDICTION of West Bengal / India.
- MOVING MONKEY, KOLKATA
