General Terms and Conditions of Carriage
Following General Terms and Conditions shall govern the shipment of all sKart Global Express products and shall constitute a binding agreement between sKart Global Express and the Shipper, the Consignee and any other person who may have an interest in the shipment. The General Terms and Conditions also protect anyone with whom sKart Global Express may contract to transport or deliver the shipment.
1. Definitions
Where used in these General Terms and Conditions or the specific terms and conditions applicable to any sKart Global Express Product, the following words or phrases shall mean:
1A.”Consignee” refers to the person to whom the shipment is sent;
1B. “Convention” means the Convention for the Unification of Certain Rules relating to International Carriage by Air signed at Warsaw, Poland, October 12, 1929, as amended by the Hague Protocol 1955, which may apply to the carriage of international shipments
and, in most cases, will limit the liability of sKart Global Express in respect of loss or damage to such shipments;
1C.”sKart Global Express” shall include any carrier who sKart Global Express may contract with to transport or deliver any particular shipment;
1D. “package” refers to any single container or envelope accepted by sKart Global Express for delivery;
1E. “shipment” refers to all packages shipped by the same customer (identified by its customer number) on the same day and which have the same Shipper/place of origin and destination/Consignee, even when such packages are shipped at different times during the day and/ or under different waybills or shipping documents
1F. “Shipper” refers to the person sending the shipment.
1G. “Waybill” shall include any shipping document, label, waybill, manifest, bill of lading or similar item used by sKart Global Express in the provision of its courier services.
2. Services
sKart Global Express agrees to provide courier services between authorized service points in accordance with:
2A. the terms and conditions set out in these General Terms and Conditions;
2B. the terms and conditions applicable to the particular sKart Global Express product being used;
2C. the applicable sKart Global Express Rate Schedule; and the applicable sKart Global Express Schedule of Additional Charges; in effect at the time that the shipment originates.
2D. In the event of a conflict or variation between these General Terms and Conditions and the terms and conditions applicable to the particular sKart Global Express Product being used, the latter shall govern.
3. Applicable Law
These General Terms and Conditions, as well as the specific terms and conditions applicable to any sKart Global Express Product, shall be deemed to include and be governed by applicable Country or state laws, including, in the case of ground shipments, public commercial vehicle legislation and regulations of such jurisdiction, or, in the case of shipments which travel internationally by air, the Carriage by Air Act (India) and the Convention shall apply. Otherwise, these General terms and conditions shall be deemed to be construed, interpreted and applied in accordance with, and shall be governed by, the laws applicable in India only.
4. Rate Applications
Subject to any discounts that may be offered by sKart Global Express, the Shipper agrees to pay the applicable shipping rates in effect at the time that the shipment originates. sKart Global Express reserves the right to amend its Rate schedules at any time or from time to time upon notice to its customers.
5. Additional Charges.
In addition to those charges otherwise specified in these General Terms and Conditions or the terms and conditions applicable to any particular sKart Global Express, the following additional charges may apply to a shipment, including:
5A. Account Number Correction – where the Waybill is missing or includes an incorrect or incomplete account number, which is corrected by sKart Global Express;
5B. After Hours Pickup – where a request for pickup is received after the Shipper’s standard pickup time or outside sKart Global Express published business hours;
5C. sKart Global Express reserves the right to apply either gross or volumetric weight, whichever is higher. The calculation method for volumetric weight is LXBXH (in cm)/5000.
5D. Fuel Surcharge – sKart Global Express reserves the right to apply a fuel surcharge on air and/or ground shipments from time to time upon notice to its customers;
5E. Remote area surcharge – where the destination point is deemed by sKart Global Express to be remote or is not serviced directly by sKart Global Express;
5F. Postal Code Correction – Where the Waybill is missing or includes an incorrect or incomplete postal code, which is corrected by sKart Global Express;
5G. Weight Correction – Where the Waybill is missing or includes an incorrect or incomplete weight entry for the shipment, which is corrected by sKart Global Express.
5H. Residential Delivery fee – This fee will be applied to any delivery that is deemed a residential address (non-commercially zoned location). The fee will be applied in addition to shipping charges.
5I. Excess Weight Package Delivery Fee –This fee will be applied to every trackable piece processed by sKart Global Express that has an actual weight that is greater than as prescribed in the product.
Please see sKart Global Express current Schedule of Additional Charges for more information. sKart Global Express reserves the right to amend, replace or alter its Additional Charges from time to time upon notice to its customers.
6. Sales Taxes and Duties
The party being billed shall be liable for and shall pay to sKart Global Express any and all goods and services taxes, or any similar or otherwise applicable taxes imposed with respect to the taxes, as well as any and all possible surcharges, customs
and duties related to any shipment tendered to sKart Global Express.
7. Billing
Unless otherwise specified by the terms and conditions of carriage governing a particular sKart Global Express product, and subject to sKart Global Express’ right to refuse to grant credit to any person, shipments may be charged to the Shipper or the “Bill To” account in our records. Charges will be applied at the time that the shipment originates, subject to additional charges, fees, taxes and duties as provided below. Billing correction credit requests must be received no later than 30 calendar days from the sKart Global Express invoice date and are subject to sKart Global Express’ review and approval. Requests received after 30 calendar days of the invoice are subject to an administration fee that would be deducted from the credit amount. However the request can be made only upto a maximum of 90 days even with administrative fees.
8. Payment
Each invoice shall be paid in full when due. Invoices overdue by more than 30 days will be subject to an additional charge of 2% every month. Additional fees will be charged for any cheque or electronic transfer that is dishonoured for any reason. These amounts are in addition to any other legal rights and remedies available to sKart Global Express.
9. Lien
sKart Global Express shall have a lien on any shipment for all charges, fees, taxes, and duties, of any kind arising out of or in connection with the transportation or delivery of the shipment and we may refuse to surrender possession of the shipment or refuse to deal with any claim until such amounts are paid.
10. Delivery
10A. Delivery – Shipments will be delivered to the Consignee’s address set out on the Waybill, but not necessarily to the named Consignee personally
10B. Proof of Delivery — Upon request, sKart Global Express will provide confirmation of delivery by telephone or e-mail at no charge. The delivery details would also be updated on sKart Tracking page. Written confirmation of delivery is available upon request at an additional charge, however the said request may be made latest within 15 days of intended delivery date.
10C. Undelivered Goods — If, through no fault of sKart Global Express, the shipment cannot be delivered, sKart Global Express may return the shipment to the Shipper at the expense of the party being charged.
10D. Delay – sKart Global Express does not guarantee its delivery times, and shall not be liable for any loss or damages suffered as a result of the failure to deliver a shipment by stipulated time of day, even if it is aware of such consequences when the shipment originates.
10E. Redirection of Deliveries Service — Upon request, sKart Global Express will provide redirection of deliveries service while the goods are in transit. Post delivery of goods at the redirection of services would be open upto a maximum of 15 days subject to receiver handing over the package. sKart shall not have any liability of missing shipment or its part thereof. This service can be availed for a prescribed fee.
11. Exceptions from Liability
sKart Global Express shall not be liable for any loss, damage or delay due to any circumstances beyond its control, including, without limitation, acts of God, public authorities acting with actual or apparent authority, riots, strikes or other labour disputes, civil commotion, and disruptions in the air or ground transportation network, a defect or inherent vice in the goods being shipped, an act or default of the Shipper, owner or Consignee, or any other similar event, circumstance, act or default.
12. Liability
Cargo must be insured by the Shipper/Consignee. sKart will not be responsible for any loss or damage due to mishandling. However it shall support by providing the required documents for initiating insurance claim by the Shipper/Consignee. sKart Global Express assumes no liability on account of damage and reserves right to receive freight payment for the services rendered including the shipment in which delay, loss or damage may have occurred.
Exclusions:
sKart Global Express will not be liable for any loss of income, loss of profits, loss of markets, loss of reputation, loss of opportunity even if we had acknowledged that such damages or loss might arise or for any indirect, incidental, special, or consequential damages or loss howsoever arising including without limitation breach of contract, negligence, willful act of default, Acts of god including but not limited to earthquakes, cyclones, storms, flooding, fire, disease, pandemics, fog, snow or frost or other natural calamities or disaster.
Force majeure including but not limited to (war, accidents, acts of public enemies, strikes, embargoes, perils of sea, local disputes or civil commotions,
National or local disruptions in sea, air or ground, transportation networks and mechanical problems to modes of transport or machinery
Latent defects or inherent vice in the contents of the shipment
Restrictions imposed by the Government/concerned authority
Criminal acts of third parties such as theft and arson
Customs clearance stoppage of work or systems delays
By your acts or omissions or those of third party:
You being in breach of (or any other party claiming an interest in the shipment causing you to breach) your obligations under these terms and conditions and in particular those warranties set out in conditions above
An act or omission of any customs, shipping line, seaport or government official.
The contents of the shipment consisting of any article that is a prohibited item or any other discrepancy of any nature whatsoever pertaining to shipment even though we may have accepted the shipment by mistake.
13. Notice of Claim for Loss or Damage
All claims must be made in writing, within the strict time limits set out herein, except in cases where convention applies. sKart Global Express shall not be liable for any loss, damage or delay to any shipment unless notice thereof, setting out particulars of the origin, destination and date of shipment and the estimated amount claimed in respect of such loss, damage or delay is given in writing to sKart Global Express within 30 days after delivery of the shipment, or, in the case of failure to make delivery, within 3 months from the date the shipment originated. The final statement of claim must be filed within 3 months of the date of shipment, together with a copy of all relevant documentation, including the paid Waybill. In the case of shipments where the Convention applies, written claims for loss or damage of the shipment must be received by sKart Global Express within 30 days from the date the shipment was delivered, or in the case of damage or loss of any kind due to non-delivery or mis-delivery, within 30 days of the date that the shipment originated. The right to damages of any kind against sKart Global Express shall be extinguished unless an action is brought within 3 months from the earlier of the date on which the shipment should have been delivered, and the date on which carriage ceased.
All claims are to be submitted in writing to: sKart Global Express Pvt Ltd Customer Service – Claims Department – [email protected]
14. Shipper Obligation
14A. Packaging – All shipments shall be enclosed in defect-free cartons or packaging that are properly sealed and secured and do not use any string or rope on their exterior. The contents of any shipment must be held firmly in place by the interior packaging system, which must protect such contents from normal external forces such as the pressure exerted by stacking other shipments on top of it. sKart Global Express reserves the right to refuse to accept any shipment that it deems, at its sole discretion, to be inappropriately packaged and/or will not withstand standard handling and transportation conditions.
14B. Proper Labelling – Each shipment must display a properly secured sKart Global Express shipping label that has been correctly completed. All previous delivery address labels and markings must be covered or removed. Improper label may result in the shipment being delayed or lost. Any shipment containing fragile items must include an orientation ”up” arrow located on all sides of the package and must be labelled “FRAGILE”.
14C. Accuracy of Information – The Shipper is responsible for ensuring that the correct information respect to the weights, account numbers and Consignee’s address for any shipment is set out on the Waybill. sKart Global Express may correct errors and additional charges may apply.
14D. Account Number – All Waybills require a valid sKart Global Express Account Number. A shipment may be delayed or returned if sKart Global Express determines that the Account Number included on the Waybill is incorrect or such account is not in good standing.
14E Shipping Restrictions — sKart Global Express does not provide service to post office boxes, or rural route or residential addresses, nor do we provide temperature-controlled courier services.
15. Holidays
No shipment will be accepted or delivered on any day that is a Saturday, Sunday or statutory holiday in the jurisdiction where such shipment is to be accepted or delivered.
16. Prohibited Shipments
sKart shall not carry any items classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), BCAS (Bureau of Civil Aviation Security) or other government or regulatory agencies;
16A. Items requiring sKart Global Express to obtain any special licence or permit for transportation.
16B. Packages that are wet, leaking or emit an odour of any kind;
16C. Any items as may from time to time be notified by sKart Global Express to be restricted and/or banned and/or dangerous and/or prohibited for carriage from time to time (such items include but are not limited to
radio-active , incendiary, corrosive or flammable substances, hazardous chemicals, explosives, firearms or parts thereof and ammunition, firecrackers, cyanides, precipitates, gold and silver ore, bullion, precious metals and stones, jewellery, semi-precious stones including commercial carbons or industrial diamonds, currency (paper or coin) of any nationality, securities (including stocks and bonds, share certificates and blank signed share transfer forms), coupons, stamps, negotiable instruments in bearer form, cashier’s cheques, travellers’ cheques, money orders, passports, credit/debit/ATM cards, antiques, works of art, lottery tickets and gambling devices, livestock, fish, insects, animals, plants and plant material, human corpses, organs or body parts, blood, urine and other liquid diagnostic specimens, hazardous or bio-medical waste, wet ice, pornographic materials, contraband, narcotics and psychotropic substances, fragile glassware, crockery, bone china, shipments to post office box addresses, etc.
17. sKart Global Express Rights
17A. Refusal of Packages – sKart Global Express reserves the right, in our sole discretion, to refuse any package that, due to the nature or character of its contents, may soil, taint, or otherwise damage other shipments, or which is economically or operationally Impractical to transport.
17B. Right of Inspection – sKart Global Express reserves the right to open and inspect any shipment tendered to it at any time without cause or notice.
17C. Alternate Modes of Transportation – sKart Global Express reserves the right to substitute alternate modes of transportation or routes from those selected by the Shipper or used by sKart Global Express for previous shipments. Any exercise by sKart Global Express of these rights shall in no way affect the maximum liability of sKart Global Express as indicated in these General Terms and Conditions
17D. Use of Agents or Other Carriers – sKart Global Express reserves the right to engage the service of agents or other carriers for the purpose of completing delivery of any shipment. Such agents or other carriers may, in turn, engage the services of other persons to complete such delivery. Any exercise by sKart Global Expressor, it’s agents or other carriers of this right shall in no way affect the maximum liability of sKart Global Express as indicated in these General Terms and Conditions.
18. General Provisions
18A. Severability – In the event that any provision of these General Terms and Conditions is found to be invalid by any authority with proper jurisdiction, such provision shall be deemed to have been severed from these General Terms and Conditions, and the remaining provisions shall continue to be in full force and effect.
18B. Waiver – Any failure or delay by sKart Global Express in enforcing or applying any provision of these General Terms and Conditions shall not constitute a waiver of that provision or otherwise impair sKart Global Express right to enforce or apply such provision or any other provision in the future.
18C. Amendments and Notice – sKart Global Express may amend, replace, add to or otherwise alter (in all cases, an “amendment”) these General Terms and Conditions, the terms and conditions applicable to any particular sKart Global Express product , or its Rate Schedules or Schedule of Additional Charges at any time or from time to time, upon posting notice of such amendment, together with the amended form, on its website which may currently be accessed at indicated (such posting to constitute “notice” for the purposes of this General Terms and Conditions and otherwise). All such amendments shall be effective after 30 days following the posting of such notice or such later date as sKart Global Express may determine. The Shipper, Consignee and any other person who may have an interest in any shipment shall be bound by the relevant terms and schedules in place at the time that the shipment originates. Nothing herein shall be interpreted to mean that any agent, servant or representative of sKart Global Express has the authority to alter, modify or waive any applicable terms or conditions or schedules.
19. Governing Law And Jurisdiction
These General terms and conditions shall be construed, interpreted and applied in accordance with, and shall be governed by the laws applicable in India. If any dispute or difference etc. whatsoever in nature at any time arises between the parties hereto with reference to meaning or effect of any clause to this terms and conditions or rights or liabilities of parties hereto, or in respect to any transaction between the parties, then such dispute or difference etc. shall be referred to be adjudicated by a sole Arbitrator to be mutually appointed by both the parties as per the provision of Arbitration & Conciliation Act, as amended up to date and the seat as well as the venue of the Arbitration shall be in Delhi. The language of Arbitration shall be English.
20. In the event of any legal/judicial proceeding, subject to the Arbitration Clause, these terms and conditions shall be subject to the exclusive jurisdiction of Courts in Delhi only.
