1. APPLICABILITY - The provision set out and referred to in this non-negotiable GOODS CONSIGNMENT NOTE (GCN/DOCKET) shall apply to all modes of movement carried out (solely to the discretion of by STAREX LOGISTICS INDIA PRIVATE LIMITED).
2. This GCN/DOCKET is a contract between STAREX LOGISTICS INDIA PRIVATE LIMITED., the shipper and the parties. The Parties means and include shipper, receiver and their representatives.
3. The GCN/DOCKET is issued strictly on the basis of information provided by the shipper and the goods are booked on said to contain basis and in case of any discrepancy in the details provided, the losses caused thereby, the shipper agrees to compensate against the same and in case the vehicle/shipment is detained / seized by the govt. authorities, the shipper stands liable to pay the penalty, make good the losses (to STAREX LOGISTICS INDIA PRIVATE LIMITED) & clear the same.
4. The parties hereby declare that shipment covered under this GCN/DOCKET does not include any contraband, hazardous or prohibited article. STAREX LOGISTICS INDIA PRIVATE LIMITED shall have a right to general lien over all the shipments for the parties towards dues payable to STAREX LOGISTICS INDIA PRIVATE LIMITED and if the lien in not satisfied within 30 days, STAREX LOGISTICS INDIA PRIVATE LIMITED, may to its absolute discretion sell the goods or part thereof to recover the dues.
5. All the bookings are subject to Force Majeure Clause, in case of any unforeseen incidence of riots, strikes, political disturbance, elections, rains, Floods, accidents, festivals, other natural calamities and any other event beyond control of STAREX LOGISTICS INDIA PRIVATE LIMITED including the routine and or sudden inspection carried out by the Govt. authorities to inspect the goods/ vehicle which is beyond the control of STAREX LOGISTICS INDIA PRIVATE LIMITED, STAREX LOGISTICS INDIA PRIVATE LIMITED is not responsible for losses or consequential losses arising out of it.
6. All shipment are booked subject cut-off time of the booking branch & delivery schedule depend on adherence to it.
7. Freight refund, if any, is applicable to non-contractual customers only i.e. for shipments booked through paid basis only. For contractual customers, contract terms and conditions agreed by and between the parties shall prevail.
8. Freight refund as explained above have to be claimed in writing along with original POD (Proof of Delivery) within 30 days from the date of delivery. No claim will be entertained in lieu of original POD and after 30 days from the date of delivery.
9. In case of loss of original papers STAREX LOGISTICS INDIA PRIVATE LIMITED shall act as a facilitator in obtaining duplicate set of papers. The parties are not be entitled to deduct / adjust/set off payment dues to STAREX LOGISTICS INDIA PRIVATE LIMITED.
10. Unless specified otherwise, all goods are booked subject to owner risk, the shipper is advised to obtain insurance coverage necessary for movement of his goods.
11. The Shipper is responsible for providing material in transport worthy packing which can withstand rigours of multiple transhipment, prevent leakages, safeguard material against rain & moisture, heat and jerks. In any event of claim, subject to exceptions available under the law, STAREX LOGISTICS INDIA PRIVATE LIMITED will issue a certificate of fact (COF) only & will act as a facilitator in organizing insurances survey at shipper cost.
12. STAREX LOGISTICS INDIA PRIVATE LIMITED assumes no responsibility and / or liability in case packing of the material is intact or there is no remark for shortage, breakage, leakage, pilferage etc. Discrepancy in receipt is to be notified immediately through remarks on POD copy of the GCN/DOCKET & also through a shortage / damage letter to STAREX LOGISTICS INDIA PRIVATE LIMITED. No claim will be entertained, if intimation is given after 24 hours of delivery.
13. Open delivery is not allowed. In case of damage to packing, open delivery will be effected in presence of company authorized representative
14. No claim shall be entertained by STAREX LOGISTICS INDIA PRIVATE LIMITED unless and until all the dues payable to STAREX LOGISTICS INDIA PRIVATE LIMITED is cleared by parties, including statutory payments made by STAREX LOGISTICS INDIA PRIVATE LIMITED made on behalf of the parties is reimbursed.
15. Demurrage / warehousing / detention charges are applicable after 48 hours arrival of undelivered material / material not unloaded from vehicle. The charges are 0.1% of declared value or Rs1 /Kg per day on charged weight whichever is higher subject to minimum Rs.100 per shipment.
16. If the shipment is not accepted by the parties when tendered for delivery for any reason STAREX LOGISTICS INDIA PRIVATE LIMITED shall be entitled to send the shipment to unclaimed goods department to proceed with sale of shipment to realize any dues payable by parties by issuing prescribed notices.
17. Dimensional weight or Actual weight whichever is higher will be charged as charged weight.
18. The shipments are booked on door pic-up & door delivery basis for consignor & consignee located at ground floor. For locations above ground floor additional handling charges are applicable.
19. The terms and conditions stipulated in this GCN/DOCKET is in addition to other contract terms agreed upon between STAREX LOGISTICS INDIA PRIVATE LIMITED and parties.
20. Any dispute or differences arising from the GCN/DOCKET shall be referred to an arbitrator STAREX LOGISTICS INDIA PRIVATE LIMITED shall be entitled to nominate a sole arbitrator to adjudicate the dispute. The venue for any arbitration, arising out of this GCN/DOCKET, STAREX LOGISTICS INDIA PRIVATE LIMITED shall initiate action legally before the Mumbai court alone and courts in Mumbai shall alone have exclusive jurisdiction to adjudicate in all claims.