Terms and Conditions
Part-1 Overview of terms
These terms (“Terms”) are deemed to be integrated into and form a part of the cargo carriage contract negotiated by CARNELIAN TRADE CENTER PVT. LTD. (CTC) These Terms apply to all (CTC) movements, whether import or export, international or domestic, unimodal or multimodal, and whether or not produces a bill of lading / transport document for the movement.
In the event of a difference between these Terms and specific terms agreed to in writing by (CTC) for a movement, the special terms will take precedence. If there is a contradiction between Part I and Part II of these Terms, Part II will take precedence.
A reference to “Customer” in these Terms shall be deemed to be a reference to (i) the entity that placed the booking on (CTC) and/or (ii) the entity on which (CTC) raises its invoices; and/or (iii) any entity that benefits from (CTC’S) services, including the shipper, consignee, holder, and endorsee of the transport document.
(CTC) may, at its discretion, rely on the terms and conditions included in transit documents issued by it or the actual carrier.
Nothing in these Terms shall be considered to raise (CTC’S) liability beyond the maximum permitted by law. Nothing in these terms prevents GFC from reducing its obligation to the extent permissible by applicable law.
If any Term (or part of a Term) becomes void or unenforceable as a result of the application of any law, rule, or regulation, the Term or part thereof shall be severed, and the remainder of the Terms shall continue to operate and have full force and effect.
CHARGES / INVOICES / LIEN
(CTC) quotes are offered on a “best estimate” basis and are subject to change. Even if such prices differ from or are not included in the quotation, the Customer is obligated to pay any additional charges imposed by the actual carrier and/or subcontractor employed by (CTC).
The Customer shall not be able to deduct monies from GFC bills unless such deductions are agreed to in writing by (CTC).
(CTC) invoices must be paid within the stipulated credit period, or (CTC) will be entitled to charge interest at 18% p.a. on outstanding sums owed to it.
(CTC) shall have a lien over any shipment and cargo documents in its possession for any sums owed to (CTC) by the Customer. This is true regardless of whether the funds are related to the shipment or cargo documents over which (CTC) has a lien. If the Customer is not the owner of the cargo, the Customer agrees that it has informed these terms to the owner of the cargo and has the owner’s permission to the creation of a lien.
In addition to any other relief available to it, (CTC) shall have the option of suspending performance of the contract (including, but not limited to, cargo halt in transit) in the event of non-payment of any sums by a Customer. Any consequences or costs incurred as a result of such suspension of performance shall be borne by the Customer.
CONDITION OF CARGO / LIABILITY FOR LOSS OR DAMAGE TO CARGO
(CTC) makes no representation regarding the quality, quantity, or condition of cargo filled in containers (CTC) other than those stuffed by (CTC). Unless otherwise noted, the description of the cargo included on any document produced by or on behalf of GFC or by the actual carrier is based on information provided by the Customer to (CTC), and (CTC) makes no warranty as to its correctness.
(CTC’S) responsibility for the cargo begins when the cargo is received into its custody and ends immediately when (CTC) relinquishes possession of the cargo.
(CTC) shall not be liable for cargo loss or damage unless caused by (CTC’S) proven gross negligence.
Claims for cargo loss or damage must be communicated to (CTC) in writing within 72 hours of delivery to the consignee, otherwise (CTC) will be assumed to have been released from liability regarding the cargo.
Unless otherwise agreed to by (CTC) in writing or prescribed by the applicable law, (CTC’S) maximum liability for loss or damage to cargo (including for miss-delivery) for any reason whatsoever, shall be limited to freight earned / consideration payable for movement / service to be rendered. (CTC) shall not be liable for any indirect and / or consequential losses (including but not limited to loss of business etc.)
TRANSIT TIMES
(CTC) provides transit times on a “best estimate” basis unless otherwise approved in writing by (CTC), and (CTC) does not guarantee maximum transit timeframes. Subject to a written contract to the contrary, (CTC) shall not be liable for the effects of any delay in cargo movement.
FREE TIME / CONTAINER DAMAGE
If cargo is not cleared within the “free time” specified by (CTC) / the queue / the terminal, Customers will be jointly and / or severally liable for the consequences, including any detention, demurrage or ground rent incurred by the cargo / containers.
If the container is damaged as a result of inappropriate loading, stowing, stuffing, and/or handling by the Customer, the Customer will be obliged to pay the repair or replacement cost, at (CTC’S) discretion. In such a circumstance, if the Customer has completed a bond stating a sum to be paid as liquidated damages, the Customer shall be compelled to pay such sum.
EXCLUSION OF LIABILITY
In addition to what is stated herein in these Terms, (CTC) shall not be liable for cargo loss or damage and/or any consequences originating from:
- Failure to comply with applicable laws, rules, or regulations by the shipper or customer.
- Failure by the shipper or customer to present (CTC) with a complete set of documents required by (CTC) for providing the contracted service in a timely way.
- Incorrect or missing paperwork given or filed by the shipper or customer.
- Any delay in payment by the shipper or customer (including statutory payments).
- Poor quality, faulty packing, and/or intrinsic cargo defect.
(CTC) shall not be liable for any consequences arising from its failure to perform / delay in performing its obligations, or for cargo loss or damage as a result of any force majeure event, including fire, flood, earthquake, storm / typhoon, epidemic, strike / lockout, blockade, civil unrest / riot, war (including civil war), restraint of government, actions of statutory authorities, change in applicable laws, rules and / or regulations, congestion at ports. In addition to the preceding, in the event of a force majeure incident, GFC shall have the option of (i) suspending the contract without liability; or (ii) terminating the contract.
INDEMNITY
Customers agree to indemnify and hold (CTC) harmless for any demand, claim, loss, or expense incurred by (CTC) as a result of any act or omission by the Customers and/or arising from any failure by the Customers to comply with obligations imposed on them by applicable law, rules, regulations, and/or these Terms.
JURISDICTION
Unless otherwise specified, all disputes between (CTC) and the Customer shall be resolved exclusively by the courts of Mumbai. (CTC) may, at its sole discretion, initiate proceedings against the Customer in any jurisdiction of its choosing.
PART II – SPECIAL TERMS
SPECIAL TERMS – AIR MOVEMENT
Except when issuing an Airway Bill (“AWB”) in its own name, (CTC) is only acting as an agent of the airline / air-carrier that issued the (CTC) for the movement (identified in the top right-hand corner of the CTC), and the contract for air-carriage is between the airline / air-carrier that issued the (CTC) for the movement and the Customer. against the Customer in any jurisdiction of its choosing.