STANDARD TERMS AND CONDITIONS

PART I – GENERAL TERMS

APPLICABILITY & SCOPE

1. These terms (“Terms”) shall be deemed to be incorporated into and form part and parcel of the contract of carriage of cargo concluded by CargoPort Logistics Private Limited (“CARGOPORT”). These Terms shall apply to all movements handled by CARGOPORT – import or export, international or domestic, unimodal or multimodal and regardless of whether CARGOPORT issues a bill of lading / transport document for the movement, or not.

1. In case of conflict between these Terms and specific terms agreed to by CARGOPORT in writing for a movement, the specific terms will prevail. In case of conflict between Part I and Part II of these Terms, Part II of these Terms will prevail.

1. A reference to “Customer” in these Terms shall be deemed to be a reference to (i) the entity which placed the booking on CARGOPORT and / or (ii) the entity on which CARGOPORT raises its invoices; and / or (iii) any entity which derives benefit from services rendered by CARGOPORT including the shipper, consignee, holder and endorsee of the transport document.

1. CARGOPORT, at its option, shall be entitled to rely on the terms and conditions contained in transport documents issued by it or by the actual carrier.

1. Nothing in these Terms shall be construed to increase CARGOPORT’s liability beyond the maximum limit prescribed by the applicable law. Nothing in these terms shall prevent CARGOPORT from limiting its liability, if permitted by the applicable law.

1. In case any Term (or part of any Term) is void or unenforceable due to operation of any law, rule or regulation, the said 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

1. Quotations provided by CARGOPORT are on a “best estimate” basis and are subject to change. The Customer shall be liable to bear additional charges levied by the actual carrier and / or sub-contractor retained by CARGOPORT even if such charges vary from or are not contained in the quotation.

1. The Customer shall not be entitled to deduct amounts from invoices raised by CARGOPORT unless such deductions are agreed to by CARGOPORT in writing.

1. Invoices raised by CARGOPORT must be paid within the agreed credit period as per agreed credit terms, failing which CARGOPORT shall be entitled to levy interest @ 18% p.a. on outstanding amounts due & payable to CARGOPORT.

1. CARGOPORT shall have a lien over cargo and over cargo documents in its possession for any amounts due and payable by the Customer to CARGOPORT. This is irrespective of whether such amounts relate to the cargo or cargo documents in respect of which CARGOPORT exercises a lien. If the Customer is not the owner of the cargo, the Customer confirms that it has disclosed these terms to the owner of the cargo and that it has the consent of the owner of the cargo to agree to a lien being created. The Customer shall be liable for costs incurred by CARGOPORT in exercising its lien. CARGOPORT shall not be liable for losses / expenses suffered by the Customer on account of CARGOPORT exercising a lien in accordance with these Terms.

1. In addition to any other remedy available to it, in case of non-payment of any amounts by a Customer, CARGOPORT shall have the option of suspending performance of the contract (including but not limited to stoppage of cargo in transit). Consequences or costs arising out of such suspension of performance shall be to the Customer’s account.

CONDITION OF CARGO / LIABILITY FOR LOSS OR DAMAGE TO CARGO

1. In case of containers (FCL and LCL), other than those stuffed by CARGOPORT, CARGOPORT extends no representation regarding the quality or quantity or condition of cargo stuffed. Unless otherwise specifically stated, description of the cargo contained on any document issued by or on behalf of CARGOPORT or by the actual carrier, is based on information provided by the Customer to CARGOPORT and CARGOPORT does not warrant the accuracy of the same.

1. CARGOPORT’s responsibility vis-à-vis the cargo shall commence after the cargo is received into its custody and shall cease immediately upon CARGOPORT relinquishing custody of the cargo.

1. CARGOPORT shall not be liable for loss or damage to the cargo unless caused by the CARGOPORT’s proven gross negligence.

1. Claims relating to loss or damage to cargo must be notified to CARGOPORT in writing within 72 hours from delivery of the cargo to the consignee, failing which CARGOPORT will be deemed to have been discharged from liability relating to the cargo.

1. Unless otherwise agreed to by CARGOPORT in writing or prescribed by the applicable law, CARGOPORT’s maximum liability for loss or damage to cargo (including for mis-delivery) for any reason whatsoever, shall be limited to freight earned / consideration payable for movement / service to be rendered. CARGOPORT shall not be liable for any indirect and / or consequential losses (including but not limited to loss of business etc.).

TRANSIT TIMES

1. Unless specifically agreed to in writing by CARGOPORT, transit times provided by CARGOPORT are on a “best estimate” basis and CARGOPORT does not guarantee maximum transit times. Subject to a written contract to the contrary CARGOPORT shall not be liable for the consequences arising out of delay in movement of cargo for any reason.

FREE TIME / CONTAINER DAMAGE

1. If cargo is not cleared within the “free time” notified by CARGOPORT / the line / the terminal, Customers shall be jointly and / or severally liable for consequences arising as a result thereof, including for detention and / or demurrage and / or ground rent which accrues of the cargo / containers.

1. If the container suffers damage due to improper loading, stowing, stuffing and / or handling by the Customer, the Customer shall be liable, at CARGOPORT’s option, to pay the repair or replacement cost thereof. In such an event if the Customer has executed a bond specifying a sum as and by way of liquidated damages which shall be payable, the Customer shall be required to pay such sum.

EXCLUSION OF LIABILITY

1. In addition to what is set out elsewhere in these Terms, CARGOPORT shall not be liable for loss or damage to the cargo and / or any consequences arising out of:
   • Failure by the shipper or Customer to comply with applicable laws, rules or regulations.
   • Failure by the shipper or Customer to provide CARGOPORT, in a timely manner, with a complete set of documents required by CARGOPORT for rendering the contracted service.
   • Incorrect and / or incomplete documents provided or filed by the shipper or Customer.
   • Delay in payment of any amounts by the shipper or Customer (including statutory payments).
   • Inferior quality, improper packing and / or inherent vice of the cargo.

1. CARGOPORT shall not be responsible for consequences arising out of its inability to perform / delay in discharging its obligations or for loss of or damage to cargo due to occurrence 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 and / or terminals, changes in schedules or routing by the actual carrier, quarantine restrictions, confiscation and / or any other Act of God or circumstance over which CARGOPORT has not control. In addition to the foregoing, upon occurrence of a force majeure event CARGOPORT shall have the option of (i) suspending the contract without liability; or (ii) terminating the contract without liability (and in which case charges which have accrued till such termination shall be payable by the Customer).

INDEMNITY

1. The Customers jointly and / or severally agree to indemnify and keep CARGOPORT indemnified from any demand, claim, loss or expenses suffered by CARGOPORT due to any act or omission by the Customers and / or arising from any failure by the Customers to comply with obligations cast upon them under the applicable law, rules, regulations and / or under these Terms.

JURISDICTION

1. Unless provided for specifically elsewhere, disputes between CARGOPORT and the Customer shall be subject to the exclusive jurisdiction of the courts at Delhi. However, CARGOPORT AT its sole option may commence proceedings against the Customer in a jurisdiction of its choice.

PART II – SPECIAL TERMS

SPECIAL TERMS – AIR MOVEMENT

1. Expect if it issues an Airway Bill (“AWB”) in its own name, CARGOPORT shall be acting only as an agent of the airline / air-carrier which issues the AWB for the movement (identified in the top right-hand corner of the AWB) and the contract for air-carriage shall be between the airline / air-carrier which issued the AWB for the movement and the Customer.

— End of Standard Terms and Conditions —