Terms & Conditions:
Agreement to Terms and Conditions. It is agreed that Company’s Terms and Conditions shall govern the dealings between Company and Customer for all and every services provided or booked through website, all & any other means of communication. It is furthermore agreed that Company’s services Terms and Conditions are electronically published at www.Junofast.com, and may be amended by Company from time to time, without notice. In the event of any conflict between the services Terms and Conditions as printed herein and the electronically publishe services Terms and Conditions, the electronically published version shall control. It is expressly understood that these services do not cover or apply to any rights, obligations, terms or conditions of the freight forwarding, customs brokerage or other services that Company has provided or may provide to the Customer; and that those separate services shall also be governed by their respective Terms and Conditions which are provided separately and are posted on their respective website. Terms & Conditions will be considered as accepted once the services are opted.
Before you decide to avail the services made available by the company, please carefully go through these terms and conditions ("Terms") and the privacy policy available at www.junofast.com ("Privacy Policy"). These Terms and the Privacy Policy together constitute a legally binding agreement ("Agreement") between you and the Company in connection with your use of the Services availed by the person (as defined below). By using the Application and the Services or availing the services through telephonic bookings or website bookings (available until and after the full implementation of the Application), you represent and warrant that you have read and understood, and agree to be bound by, this Agreement. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you. The use of the Application from any medium or device, including mobile, smart phone or tablet is bound by this Agreement.
This Agreement defines the terms and conditions under which you are allowed to use the Application or availing the services through telephonic bookings or website bookings (available until and after the full implementation of the Application), and describes the manner in which we shall treat your account and the information associated with it while you are registered as an Customer (as defined below) with us. IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT USE THE SERVICES.
Definitions :
“Company” means the individual or entity listed and providing services hereunder including its officers, directors, employees and agents of the Company while acting within the scope and course of their employment;
“Customer/Teams” means the person, company, firm or other entity for whom the shipment is done and to whom the services Receipt is issued.
“Articles” means the property tendered to Company by Customer for which Company has agreed to Ship/Shift pursuant to these services Receipt.
“Goods” means the thing or things in relation to which Services are to be provided but excluding coins, cash, bank notes cheques, money orders, postal orders, national saving certificates, premium bonds, travel tickets, passport, securities, manuscripts or documents of any description, Jewellery, perishable goods, hazardous materials like Crackers, Explosives, Chemicals, Filled Gas Cylinders, Battery Acids, Inflammable Oils; such as Diesel, Petrol, Kerosene, Gasoline, Narcotics & Contraband items and other like items.
“Services” means any or all of the Relocation Services including Motorsports vehicles /Automotive vehicles/ Home/Office PG/Industrial/Courier/Parcel.
“Quotation” means this contract between the Company and the Customer on the terms and conditions set out herein.
“Bill of Lading” means a document provided by the Company/Carrier to the Customer at delivery documenting the details of the Shipment and its condition, Point of Origin, Destination and other details regarding the Order. Bill of Lading can serve as a receipt or a contract between the Carrier and Customer.
“Bill of Lading” means a document provided by the Company/Carrier to the Customer at delivery documenting the details of the Shipment and its condition, Point of Origin, Destination and other details regarding the Order. Bill of Lading can serve as a receipt or a contract between the Carrier and Customer.
“Inoperable” means a state or condition in which a Shipment cannot function or be driven for any reason including but not limited to its parts having been removed, altered, damaged or deteriorated such parts including but not limited to engine, transmission, wheels, steering mechanism, brakes, tires, etc.
“Shipment” means the Customer’s property arranged for transportation in accordance with these TERMS.
MODIFICATION OF AGREEMENT
The Company reserves the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall not be informed to you in writing. It is your responsibility to review this Agreement periodically. Your use of the service through the website “www.junofast.com” following any such modification constitutes your agreement to follow and be bound by the Agreement so modified. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable in general and/ or to specific areas of this Application or to particular Service are also considered as part of the Agreement.
PRIVACY POLICY
By using the Services, you consent to the collection, storage, sharing and use of certain information about you, as specified in the Privacy Policy ("User Information") available at www.junofast.com The Privacy Policy sets out:
For Booking, Packing and Shifting of Motorsports Team Vehicles ( Both Student & Professional):-
1. All the documents asked by company must be filled and submitted by customer either on mail to info.Junofast@gmail.com or by uploading to their respective account on www.junofast.com or any mode of communication on time, if not filled and submitted then Company Will not be responsible further.
2. Company is only responsible for the products that are mentioned in the form/Website Account of Customer or shared through mail. In case of wrong details submission, or not sharing the pictures/documents and other required information as per asked by our representative, Company is not responsible for the loss of items.
3. Company will not be responsible for valuable-items/Document.
4. Last-minute Cancellation/changes will not be encouraged.
5. Customer must share the pictures of packed/ wrapped vehicle 24 hours before loading date.(Incase packing is done by customer)
6. In case of any Natural disaster or mishappening/damage Company will not be responsible for the same. (Customer may opt for Insurance).
7. Customer must not keep their important and expensive belongings with the vehicle (if kept will be on their own risk).
8. If trunk box is kept it must be locked properly.
9. Customers must place the tires under the chassis frame & cover the vehicle properly.(Recommended)
10. Truck must not wait more than 2 hours at a single point of loading(in case of multiple pickup locations within a city), otherwise waiting charges will be applicable (Rs 200/hr).
General Terms and conditions:
11. Price may vary according to the Demand in market due to any reasons or Dimensions/weight of the consignment/Shipment/goods/articles.
12. Company reserves rights to handle personal stuff/ consignment/Shipment/goods/articles whenever needed depending upon conditions/Situations with consent or without.
13. If the mentioned item is not available at the pickup location, company might contact customer at that moment itself. Company will not be responsible for the same. Customer should be available to receive and answer calls while packing/loading/delivery if not company will not be responsible for the same.
14. Delivery of the goods may get delayed due to Covid-19 regulations/changes or if any as per government declarations.
15. Consignment we will not carry materials as under:
a. Classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), any applicable government department or other relevant organization.
b. Not permitted by the laws/rules/restrictions in force or no customs declaration is made when required by applicable customs regulations and/or any other relevant laws.
c. Any items notified by JF to be restricted and/or banned and/or dangerous and/or prohibited from time to time (such items including but are not limited to animals, bullion, currency, bearer from negotiable instruments, precious metals and stones, firearms or part thereof and ammunition, human remains, pornography and illegal narcotics/drugs).
16. GSTIN details should be shared in advance, no changes will be made to final Invoice once generated from the
system.
17. Any quotation submitted by the Company to provide the Services shall be open for acceptance for a period of 7 days following the submission thereof, and shall thereafter be deemed withdrawn. The Customer accepts the quotation by either signing and returning the acceptance form attached to the quotation, or by instructing the Company to perform the Services pursuant to the terms of the quotation. The quotation may be withdrawn by the Company prior to acceptance. Any quotation is based upon the details provided to the Company by the Customer as regards the Goods and / or Fixtures and the Services requested by the Customer in relation thereto. If any such detail provided by the Customer shall be incorrect, the Company may adjust its charges accordingly.
18. Once accepted, the quotation and all the terms therein shall be binding. In so far as the term or terms of the quotation are inconsistent with the terms herein, the terms of the quotation shall prevail to the extent of the inconsistency. If the Customer wishes to cancel or terminate the Contract before its full performance by the Company, the Customer shall be liable to pay a cancellation or early termination charge in a sum specified in the quotation to compensate the Company for any loss it shall sustain by reason of such cancellation or early termination. Such charge shall be without prejudice to any rights that the Company may have against the Customer in relation to such early termination.
19. Confirmation of the quotation is required along with the Advance payment as per payment terms and GST(if applicable) prior to the commencement of packing, Settlement of balance payment will be prior to the dispatch of consignment from origin.
20. Transit Time:
i. For Used Household Transportation approx. 250 Kms per day (excluding the pickup & delivery day).
ii. For Automotive Transportation approx. 200 Kms per day (excluding the pickup & delivery day).
iii. For Courier/Parcel shipment min. 7 working days.
Transit Time may increase depending upon the availability of trucks.
21. Company will charge for the actual volume involved and therefore, if the volume is more than our estimates, charges might increase for the same.
22. If packing is being done by the client it must be in road worthy condition and each item should be valued properly in the Inventory List.
23. The locking/Unlocking of machines/appliances and any other electronic gadget which requires the technical assistance of manufacturer or their authorized dealer, to make them suitable for safe transport must be arranged by Client/the transporter at least 24 hours before the packing starts. This is most essential as these appliances are covered either by warranty or service contract.
24. All Electronic items/computers are packed on an as is where is basis. As such company does not accept any liability whatsoever for any defect/malfunctioning if any, at the destination.
25. Client must arrange for the disconnection of all electrical equipments and appliances prior to the commencement of packing.
26. In case of Car/Bike Transportation, Registration book, Tax book, PUC certificate and valid comprehensive insurance policy will be required en route and must be handed over prior dispatch.
27. In case of Car movement, 1/4th of fuel tank Petrol/Diesel must be available in the car (in case of excess fuel, it will be drained out for safety purpose). This fuel is required to run vehicle up to the ramp point and in the same way from ramp to client door. The distance may go up to 80 + 80 = 160 Kms. For location's where car carrier cannot travel, vehicle will be road driven by a skilled driver, the distance in such a case may come up to 250 to 300 Kms.
28. In case of Motor Bike movement, there should be no fuel in the vehicle. If there will be any fuel then the same will be drained out at the time of loading.
29. JUNOFAST LOGITECH LLP will not be held responsible for any delay in delivery due to factors beyond its control like natural calamities, strike, accidents etc
30. While we will arrange for the movement of potted plants it will subject to the availability of space in the truck, please note that carriage of potted plants will be done solely at Owners risk.
31. Carrier will pick up and drop your Goods/Articles as close to your door as possible (only if legal and safe):
a. A mutually agreed upon place to load or unload may be necessary because of narrow streets, wires, trees and possible residential area restrictions.
32. Upon Customer’s request, Company will arrange for the transportation of Customer’s Shipment by Carriers subject to these TERMS. Company reserves the right, in its sole discretion, to refuse or cancel any Order at any time.
33. Customer understands and accepts that Company (i) operates only as a transportation broker, (ii) is not a motor carrier or transporter, and (iii) does not hold itself out as providing the transportation of property.
34. Customer expressly understands and agrees that Company never takes custody or possession of, transports, or handles Customer’s Shipment, or assumes any liability for the Shipment.
35. Customer will Provide Company with an estimated service date. There are no guarantees about the pickup or delivery times and dates:
a. Delays could happen prior to, and / or during transport due to road conditions, weather, mechanical problems and any natural disasters.Company is not to be held responsible for damages or loss caused by any type of delays or any other reason, car rental fees or lodging fees. Company is not to be held liable for failure of mechanical or operating parts of your vehicle.
36. Company and Carrier contracted are authorized to operate and transport Customer’s motor vehicle between its pick up location and the destination defined in the shipping order / bill of lading.
37. Customer understands and accepts that only Customer is responsible to ensure the accuracy of all of the details including the description of the goods/articles to be shifted. Point of Origin, Destination, fees, and special instructions in the Order Confirmation, and as applicable, on the Carrier’s Form, Bill of Lading, or other required documents. Any changes or corrections to the Shipment description or any other changes to an Order may result in additional fees or cancellation of the Order. Customer waives all claims against company for any additional charges or cancellation if the Shipment does not match the Shipment listed in the Order Confirmation.
38. Company has the right to reject and/or cancel any service for any reason at any time.
39. We do not accept to move perishable goods, jewellery, arms and ammunitions, hazardous material like crackers, explosives, chemicals, filled gas cylinder battery acids and inflammable oils; such as diesel, petrol, kerosene, gasoline, narcotics and counter branch items.
40. All batteries must be drained of their acids by customer and should be empty before loading.
41. No compensation shall be considered in case of LIFT / SOCIETY or STAIR WALLS spoiled during delivery process.
42. The Services are provided within normal working hours of the Company, which are 9:00 a.m. to 6:00 p.m. from Monday to Saturday, excluding public holidays. Unless otherwise agreed by the Company upon payment of surcharges, the Company does not normally perform the Services on Sundays or any public holiday. Where the Services are not completed within the normal working hours on the dates stipulated in the quotation, the Company may upon the request of the Customer continue to perform the Services beyond the normal working hours for a surcharge or carry on the Services on subsequent dates to be agreed with the Customer at an extra charge.
43. The Company, to the exclusion of the Customer, shall decide how the Services are to be provided, and may vary its decision from time to time.
44. Any period of time within which the Company is to perform any part of the Services is an estimate only, and whilst the Company will use all reasonable endeavours to perform the Services at and within the agreed time, it shall not be liable for any loss or damage whatsoever (whether direct, indirect or consequential) arising from a failure to do so.
45. The Customer shall ensure that adequate access is available to all relevant premises for the purpose of performing the Services.
46. The Customer shall:
In respect of the Removal Services
promptly supply the Company with any information concerning the nature of the Goods which the Company may request; in relation to the Goods, comply with all applicable laws, regulations and requirements relevant to the Company’s provision of the Removal Services;
47. At pick up, Customer and Company/Carrier will fully inspect the goods/article(s) for pre-existing damages – exterior only – and complete inspection report:
The Company/Carrier and Customer will both agree to the condition of the goods/articles/vehicle and Customer will sign and receive a copy of the bill of lading and the report.
48. At delivery Customer and Company/ Carrier will carefully inspect the goods/article(s) for outside damages:
The Company/Carrier and Customer will both confirm the condition of goods/article(s) and Customer will sign and receive a final copy of the bill of lading and the report.
49. Carrier takes responsibility of stuff/luggage after pre-inspection is done and signed by the Customer. Carrier responsibility ends when the stuff/luggage is delivered and Customer has signed the final inspection report.
50. Damages must be written down in the designated place on the bill of lading and signed by the Customer:
Regardless of weather conditions or time of the day. When Customer signs the bill of lading and the inspection report without noting any damage this confirms / means that Customer has received vehicle(s) in satisfactory condition, and that company and Carrier and their agents are relieved of any further responsibility.If in case the report is not signed by the customer and vehicle is delivered and received by customer then company does not hold any responsibility further.
51. Company will not be responsible for any damage caused by the acts of God such as hail or storm damage, or damages resulting from worn and/or broken parts of the vehicle or any items stored inside the vehicle.
52. If the Customer will be absent at pick-up or delivery they should designate a person to act on their behalf and release or accept the vehicle.
53. Customer will pay the company price of his/her order due to company in full and will not try to compensate any dispute for damage claims and/or delays from freight charges. Customer is responsible to prepare any payment due to the Carrier upon delivery, unless the full balance has been prepaid.
54. Orders booked 30 and more days prior the shipping date are subject to rate change due to price fluctuations outside of Company powers.
For Payment and Refund:-
1. Payment should be made in two phases :
a) 30% Advance for booking
b) 70% before loading the goods
Mode of payment:-
Online, Bank deposit etc. (no cash/cheque).
2. In case of 18 hours before cancellation of order the 15% of booking amount will be deducted and rest will be refunded. Company must be informed 5-6 days prior to pickup day for cancellation. No Money will be refunded at last minute cancellation.
3. Junofast reserves all rights to In any case if the payment is not cleared before delivery the company reserves the right to withhold the delivery till the complete payment is received. Unless otherwise reason made known to Company in writing and accepted by Company.
4. In case payment is not received in following steps, Rs. 500/- per day(since the end date when making the payment) will be charged as late fee fine Unless otherwise reason made known to Company in writing and accepted by Company.
5. Halting Charges May Vary from Rs 500/- to 5,000/- per day depending on the conditions.
Handling Charges:
I. Unless otherwise specified, handling charges covers the ordinary labor and duties incidental to receiving and delivering during Service Providers normal business hours and loading and unloading. Other services ancillary to handling and rendered in the interest of Customer or the vehicle(s) are chargeable to Customer.
ii. Unless otherwise specified, a charge in addition to the regular handling charges will be made for any work performed by Service Provider other than as specified above, at Service Providers then current rates which are available upon request.
Customer’s Warranties :
I. Customer warrants that Customer will comply with all applicable laws, rules, and regulations including but not limited to customs laws, import and export laws and governmental regulation of any country to, from, through or over which the Shipment may be carried. Customer agrees to furnish such information and documents as are necessary to comply with applicable laws, rules and regulations.Company assumes no liability to Customer or to any other person for any loss or expense due to Customer’s failure to comply with this provision. Any Customer’s Agent and/or entity acting on behalf of Customer also warrants that it has the right to act on behalf of Customer and the right to legally bind Customer.
ii. For vehicle(s)/Goods/Articles to be shipped, Customer shall supply such information and documents as are necessary to comply with all laws, rules and regulations. For all Goods, Customer shall provide to Company all documents or information necessary or useful for the safe and proper shipping, handling, storage, and transportation (if any). If all such information and documents are not fully, accurately and timely provided to Company, Customer shall indemnify Company for all consequences of such failure.
Liability :
A. Company shall have a lien on the vehicle(s)/Goods/Articles tendered by Customer and upon any and all property belonging to Customer in Company’s possession, custody or control for all charges, advances or amounts of any kind due to Company under all offered services shipment Receipt or under any prior or subsequent invoices issued to Customer by Company (including charges for storage, handling, transportation, demurrage, terminal charges, insurance, labor, and any other charges incurred). Company shall have a lien on the vehicle(s)/Goods/Articles and may refuse to surrender possession of the vehicle(s)/Goods/Articles until all charges or debts are paid in full. If such amounts remain unpaid for 30 days after Company’s demand for payment, Company may sell the Goods at public auction or private sale or in any other manner reasonable, and shall apply the proceeds of such sale to the amounts owed. Customer remains responsible for any deficiency outstanding to Company.
B. In no event shall Company be liable for any loss or damage caused by:
I. acts of God; public authorities acting with actual or apparent authority; strikes; labor disputes; weather; mechanical or equipment failures; cyber attacks; civil commotions; hazards incident to a state of war; acts of terrorism; acts or omissions of customs or quarantine officials; acts of carriers related to security; the nature of the freight or any defects thereof; inherent vice of the goods; perishable qualities of the merchandise; fires; frost or change of weather; sprinkler leakage; floods; wind; storm; moths; public enemies; or other causes beyond its control;
ii. fragile articles injured or broken, unless packed by Company’s employees and unpacked by them at the time of delivery;
iii. Pilferage or theft, unless such loss or damage is caused by the failure of Company to exercise such ordinary care required by law; and
iv. Concealed damage, or for losses incurred due to the concealed damage of the Goods.
Limitations of liability:
i. The total cumulative liability of company for any and all claims and damages, whether arising from statute, contract, tort or otherwise, shall not under any circumstances exceed the total fees paid by Customer to Company for company’s services under the respective Order Confirmation.
ii. EXCEPT AS OTHERWISE PROVIDED HEREIN, COMPANY MAKES NO WARRANTIES FOR ANY OF ITS SERVICES AND HEREBY DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE.
iii. UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO A SHIPMENT OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
iv. In no event shall Company be responsible for loss or damage to documents, stamps, securities, artwork, heirlooms, jewellery or other articles of high and unusual value left in vehicle unless a special agreement in writing is made between Company and Customer with respect to such articles.
v. No Consequential Damages. IN NO EVENT, WHETHER AS A RESULT OF BREACH OF COMPANY’S DUTIES, NEGLIGENCE LIABILITY WITHOUT FAULT OR ANY OTHER LEGAL THEORY OR BASIS, SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, STATUTORY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF MARKET, LOSS OF INCOME, DAMAGES ARISING FROM LOSS, ATTORNEYS FEES OR PUNITIVE DAMAGES, WRONG DELIVERY, OR DAMAGE TO PROPERTY, LOSS OF USE OF GOODS, COST OF SUBSTITUTED GOODS, DELAYED DELIVERY OR FAILURE TO ATTEMPT DELIVERY, WHETHER OR NOT COMPANY HAD KNOWLEDGE THAT SUCH DAMAGES OR LOSSES MIGHT OCCUR.
Insurance Offerings:
Company does not insure the vehicle/goods/articles to Customer and do not include any insurance on the same. The Goods will therefore not be insured for any loss or damage, and the limitation of Liability asmentioned above shall apply in all circumstances where Company is legally liable for such loss or damage, unless the Customer has requested in writing that Company obtain insurance for the Customer’s benefit, and the Customer has paid the required premium to Company for such additional insurance. Except as provided above, Company will not obtain insurance on the vehicle(s)/goods/Articles for Customer’s benefit while the vehicle(s)/goods/Articles are being shipped.
Temperature and humidity controlled storage:
Unless specifically agreed to in writing, Company shall not be responsible for shipping of the vehicles in a temperature or humidity controlled environment. Customer knowingly accepts that the vehicles will be warehoused in a non-temperature/humidity controlled environment. Company will not be responsible for any loss or damage to the Vehicles/stuff left in vehicle that result from fluctuations in temperature range or in humidity levels of the Container/Truck. Company will furthermore not be responsible for losses or damages incurred , unless otherwise agreed to in writing prior to shipment.
Notice of Claim, Waiver, Filing of Severability, etc.:
i. Company shall not be liable for any claim whatsoever for any loss, damage, or destruction of the Goods unless it is timely filed, in writing, within a maximum of fifteen (15) days after Customer knew, or should have known by the exercise of reasonable care, of such loss or damage.
ii. This services shipment Receipt shall be governed by the laws of the State where the Company’s services shipment is located, as identified on the face of the Services Vehicle shipment Receipt, without reference to its conflict of laws principles.
iii. All written notices herein may be transmitted by any commercially reasonable means of communication providing delivery receipt to the sender, and shall be directed to Company and Customer at the address set forth on the front side of the shipment Receipt, unless otherwise instructed by either party in writing.
iv. The shipment Receipt constitutes the entire understanding between Customer and Company regarding the storage of the Goods and services provided. This shipment Receipt supersedes all prior or contemporaneous verbal or written negotiations, statements, representations, or agreements. This shipment Receipt may not be modified except for a written agreement between Customer and an officer of Company. If any section or portion of this shipment Receipt is held by any court to be illegal or unenforceable it shall not affect the legality or enforceability of the remaining provisions or terms and conditions herein. Company’s failure to insist upon strict compliance with any provision of this shipment Receipt shall not constitute a waiver or estoppel to later demand strict compliance thereof and shall not constitute a waiver of or estoppel to insist upon strict compliance with all other provisions of this shipment Receipt.
In respect of the Handyman Services
(a) promptly supply the Company with any information concerning the Fixtures including their type, nature, structure, characteristics, dimensions, operational guides as to application and use (if any), and other information which in the opinion of the Company should be brought to the attention of the Company for the proper and efficient discharge of its duties in performing the Services.
(b) In relation to the installation of the Fixtures, comply with all applicable laws, regulations and requirements relevant to the Company’s provision of the Handyman Services which comes at an agreed additional cost e.g. Carpentry, drilling, plumbing, DTH or other electrical and electronic equipment’s removal or fixing etc.
In either case, not submit any Goods and / or Fixtures which are or include any dangerous, explosive, corrosive or other substance harmful to either person or the property of the Company or of others. The Customer agrees that if any Goods and / or Fixtures are submitted in contravention of this paragraph and loss or damage is thereby caused to the Company (whether directly or indirectly), the Customer will indemnify the Company against such loss or damage.
While Rendering Relocation Services The Company Excludes
i) Split pickup/ multiple pickup and/or deliveries
ii) Plant removals / Crating of Any Item if not mentioned in the respective quotation
iii) Long carry, society/elevator charges and parking charges
iv) Vehicle detention, if any
v) Storage in transit and any force majeure situation
vi) Any Government taxes or Octroi/ Mathadi /Toll / Entry Tax/Labor Union Charges in any state, if applicable
vii) Collection or delivery using stairs above 2nd floor (if service lift not provided)
viii)Special handling charges for items which cannot be accessed through elevator (hoisting/stair carry).
Unpacking material and Debris shall be company property and therefore reserves rights to pick unpacking
material. Unpacking Material shall be charged per carton if retained by customer (Price depending upon nature of packing material).If Packing material is kept and returned after some days then the customer has to pay security amount and travel charges to pickup packing material.
The Company shall, as soon as is practical after receiving the Goods and / or Fixtures, provide the Customer with a packing list for validation. The list shall not specify or imply the contents of any closed container or warrant or imply that the Goods of Fixtures are in good, or any particular, state or condition.
In consideration of the provision of the Services by the Company, the Customer shall pay to the Company:-
(i) such charges for the Services as quoted in the quotation, or where there is no such quotation, such charges as calculated by reference to the Company’s scale of charges in force from time to time which scale is available for inspection upon request; and
(ii) any out of pocket expenses incurred by the Company in the provision of the Services; and
(iii) additional charges which are incurred by the Company by reason of the Customer having altered his instructions to the Company in relation to the Services; and
(iv) reasonable charges for spare parts or replacement components where such parts or components are required and supplied by the Company to
maintain the Fixtures in good working order.
Notwithstanding any other remedy available to the Company, the Company shall have a lien over all Goods and / or Fixtures in its possession or under its control in respect of any sums due to the Company by the Customer. Not with standing that the Company shall have a lien over any Goods and / or Fixtures, the Customer shall continue to be liable for any and all charges arising from the provision of the Services until all sums due to the Company have been received by it. If the Company exercises its right of lien on the Goods and / or Fixtures and such lien is not discharged within three months, then the Company shall be irrevocably authorized to sell or otherwise dispose of all or any of the Goods and / or Fixtures subject to the lien and apply the proceeds in or towards payment of the sums due to the Company, without notice being required to be given to the Customer.
The Customer warrants and undertake that all Goods and / or Fixtures in respect of which the Company is to provide the Services are either owned by the Customer or legally in its possession or under its control, and that the Customer is able to deal with the Goods and / or Fixtures as contemplated herein. The Customer agrees to indemnify the Company against any loss, damage or claim made against the Company arising from any lack of authority of the Customer to contract with the Company for the Services, or any breach of the warranty or undertaking given by the Customer under this paragraph.
Notwithstanding anything to the contrary herein the Company shall in no event be liable (whether in negligence or under contract) for:
(i) In Respect Of The Removal Services :
(a) Indirect, consequential or other loss arising from the Customer as a result of the Goods not being available to the Customer at any time for any reason;
(b)Loss or damage caused by any event of force majeure including, without limitation, storm, fire, flood, explosion, theft, acts done with malicious intent by any person, or any other event outside the control of the Company;
(c) Loss or damage arising from the natural deterioration of the Goods;
(d)Loss or damage arising from any act or omission of the Customer or any other person acting on the Customer’s behalf including a failure to declare or false declaration of value (and so that the Customer shall indemnify the Company accordingly);
(e) Any other loss or damage of whatever nature, including but not limited to any loss of or damage to any internal parts of any object, unless the Customer is able to prove that the same is directly attributable to the negligence of the Company.
In no case whatsoever shall the liability of the Company howsoever arising exceed INR Rs 5 per Kg per Article, or INR Rs 2.00 per cube foot per Article, whichever is the greater, provided always that such liability shall not exceed the maximum value of the Article or such Article or part of the Goods which is lost or damaged. The Customer expressly agrees to take out insurance for additional cover in respect of any loss or damage which he may incur under this contract.
(ii) In Respect Of The Handyman Services :
(a) any design defect in, or malfunction due to faulty materials or workmanship, of the Fixtures whether or not such defect or malfunction is apparent or known to the Company;
(b) any neglect, misuse or error or omission relating to the operation of the Fixtures by the Customer;
(c) any modification, adjustment or repair to the Fixtures made by the Customer or a third party whether or not such modification, adjustment or repair is apparent or known to the Company;
(d) normal wear and tear of the Fixtures, subjection of the Fixtures to unusual physical or electrical stress or any failure or fluctuation of electrical power;
(e) loss or damage caused by any event of force majeure including, without limitation, storm, fire, flood, explosion, theft, acts done with malicious intent by any person, or any other event outside the control of the Company;
(f) failure on the part of the Customer to comply with his obligations under Clause 9 (ii) herein;
(g) any other cause of whatever nature unless the Customer is able to prove that the same is directly attributable to the negligence of the Company. In all other cases, the liability of the Company to the Customer in respect of any loss or damage he may incur under this Contract shall be limited to the total amount of charges payable by the Customer under the quotation.
(iii) In either case, nothing in these conditions shall, or shall be deemed to, exclude or limit the liability of the Company for a negligent act or omission resulting in the death of, or personal injury to, any party to whom the Company owes a duty of care, save to the extent that such limitation or exclusion is permissible by law.
These conditions shall continue for as long as the Company is providing the Customer with any of the Services. The Company may however, upon 7 days’ written notice require the Customer to remove any Goods and / or Fixtures being stored by it from any Warehouse and, if the Customer fails to designate a place for alternative storage, deliver the same to the Customer at the premises from which they were originally collected.
The Insurance does not cover loss or damage arising out of the acts of government, customs authority or official confiscation. It also does not cover loss/damage of the goods packed by owner and or Jewellery/cash, deeds, traveler’s cheque, plants, gas cylinders, alcoholic beverages, contraband or other restricted items.
Internal damages of any kind are also not covered under Insurance Coverage unless there are signs of external physical damage. Any external damage must be noted on the packing inventory on the day of delivery. This pertains to any and all electronic items, i.e. computers, speakers, etc. However, electrical or mechanical malfunctioning coverage, excluding automobiles, is available and can be taken in writing at an additional premium of 2%.The insurance is offered and managed by third party insurance providing company like ICICI and other and also that those companies shall also be governed by their respective Terms and Conditions which are provided separately and are posted on their respective website.
In event of domestic or local moves, the Company shall not be under any liability in respect of any claim arising out of or in connections with the loss of or damage to any Goods and or Fixtures unless: (i) a claim in writing is received by the Company within two days from the date the Customer becomes, or reasonably should become, aware of the occurrence of the loss or damage; or if the claim arises from non-delivery or short delivery, at the time when delivery ought to have been made; (ii) Claim in automobile must be reported within twelve hours of vehicle delivery.
Where there has been a failure to comply with any of the afore mentioned time limits, the claim shall be deemed to have been waived and shall be absolutely barred.
No liability for damage to Goods and / or Fixtures will be accepted by the Company unless the Company has been given a reasonable opportunity to inspect such damage. Claims if any, which have been lodged in writing would be entertained by the third-party insurance agent and not the company, under any circumstances.
The Customer undertakes that no claim shall be made against any servant or agent of the Company which imposes or attempts to impose upon him any liability whatsoever in connection with the Services and, if any such claim should nevertheless be made, to indemnify the Company against all consequences thereof. Without prejudice to the foregoing, all such servants or agents shall have the benefit of all provisions herein as if such provisions were expressly for their benefit. In entering into any contract incorporating these conditions, the Company, to the extent of those provisions does so not only on its behalf but as agent and trustee for such servants and agents.
If any of these conditions or any part thereof shall, in any case, be held to be invalid or to have failed the test of reasonableness within the meaning of the Control of Exemption Clauses Ordinance, such term or provision shall be deemed to be severed as if such term or provision had not been contained herein but without affecting the remaining conditions.
Work undertaken as a result of this quotation will be done on the basis of the Indian Contract Act, 1872. Multiple pick-ups and deliveries are not included except as specified. While every care is taken during the packing, transit risks should be covered by insurance company. In the absence of insurance cover, the goods are deemed to be self-insured by you.
This Agreement shall be construed in accordance with the laws of the Ghaziabad.U.P Jurisdiction only. Any legal venue arising from this contract will be taken place Ghaziabad.U.P Jurisdiction only. Customer agrees to pay all legal fees associated with contract. This choice of venue is intended by the parties to be mandatory and to prevent the possibility of litigation between the parties with respect to, or arising out of, this Agreement in any jurisdiction other than the specified in this section. Each party waives any right it may have to object to venue with respect to any arrangements brought in accordance with this section.
This agreement and all shipment(s) are subject to the Company’s/carrier’s tariff and the uniform bill of lading and all terms and conditions of the company/carrier which can be found at the office of the Company/carrier. All previous oral or written representation of company are overwritten herein by the current agreement and the current agreement is final, and shall not be changed except in writing signed by an officer of company.
*All Disputes are subject to Ghaziabad Jurisdiction Only.
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