Definitions

• PCL- “Pandit Cargo & Logistics”
• Delivery-means tender of shipment to the parties or intimation about the arrival of shipment at the destination.
• Parties – mean and includes Shipper, Receiver or their authorized representatives.
• NCV – Means No Commercial Value as declared by the Shipper.
• Freight- means the basic freight only and shall exclude the other components e.g. HRR, taxes, other charges, etc..
• Instrument- means and includes Cheque, Demand Draft and Pay Order
•  PCL is entitled to use any mode and route for transportation.
•  The docket is a contract between PCL and parties.
•   The terms and conditions stipulated in this docket are in addition to the Special contract, if any, between PCL and parties.

Declaration

• I. The shipments entrusted by the parties to PCL is strictly booked on “SAID TO CONTAIN BASIS”.
• II. The docket is issued strictly on the basis of declaration given by the parties. PCL, shall not be responsible for any incomplete inaccurate/ wrongful declaration.
• The parties hereby declare that the shipment covered under the docket does not include any contraband, hazardous, inflammable or prohibited articles as defined in various statutes & IATA Regulations.
• In the event of any discrepancy found by PCL in the weight declared by Shipper and the actual weight of that shipment, the differential charges shall be collected from the parties.
• So also, in the event of rate mentioned on the Docket is found to be less than the agreed rates / contracted rates, the differential rate shall be collected from the parties.

Documentation

• Proper & complete documentation by the parties is compulsorily required along with accurate details of the Shipper/ Receiver’s name,addresses,telephone-nos.,email-ids,and forms, permits, way bills, invoices, STN(Stock Transfer Note) etc. as per the statutory requirements.
• PCL shall not be made responsible/ liable in case of any deficiency in the documents/statutory requirements and no claim or grievance of any nature shall be entertained, if the same is arising out of the reasons mentioned herein above [i.e., clause 6(a)].
• Parties hereby undertake to make good the loss to PCL in case their shipment(s) cause damage to other shipment(s) loaded in the vehicle due to inherent nature and which is wrongly declared by the parties OR in case of seizure by any Government authority due to improper and incomplete documentation as a result other shipment(s) also get delayed resulting in a loss to PCL.”
• Parties hereby undertake to make good the loss to PCL in case their shipment(s) cause damage to other shipment(s) loaded in the vehicle due to inherent nature and which is wrongly declared by the parties OR in case of seizure by any Government authority due to improper and incomplete documentation as a result other shipment(s) also get delayed resulting in a loss to PCL.”
• PCL shall not be liable for any kind of damages to the goods, caused due to improper and defective packaging of goods.

Assurance of Delivery

• Delivery Assurance will not be applicable in case of accidents,Act of God,force majeures,floods, strikes, political bandh, acts of enemies of State and events beyond control of PCL.
• The Delivery of shipment would be made on payment of Freight Charges which shall include all components as specified on the Consignment Note/Docket. In case of Cash/Cheque on Delivery (COD), /Demand Draft on Delivery (DOD), shipment would be delivered only on receipt of the COD / DOD amount as specified by the Shipper.
• If Party is not ready with payment at the time of first attempt, delivery shall not be effected without payment and same shall not be treated as delay in delivery.

Liabilities

• The liability of PCL if any, in delay in delivery of shipment (subject to exceptions available) shall be to the extent of “Freight” only.
• For the rest of the bookings under this Docket, PCL hereby restricts its liability through this docket to be Rs 400/- (Rupees Four Hundred only) per kg. subject to a maximum of Rs.5000/- (Rupees Five Thousand Only) or costs of reconstruction, which ever is lower.
• In case Higher Risk Rate is paid then, PCL is liable to the extent of actual cost of the shipment or the value declared by the parties or the actual loss suffered by the parties (which ever is lower) as per the documents issued by PCL.
• PCL shall not be responsible for any indirect, consequential, remote, exemplary losses / damages /claims.
• When the value of the shipment is declared by the parties as NCV (No commercial Value), the liability of PCL shall be restricted to Rs.100/- (One Hundred only) only.
• PCL assumes no responsibility and/or liability in case material is outwardly intact at the time of effecting delivery. Lodging a claim for damage,shortages, breakage, leakage, pilferage, etc. after taking delivery shall not be entertained in any circumstances whatsoever. However, parties may insist for open delivery in case shipment is outwardly in damaged condition, to assess the loss, if any, by following the due process of law and the policy and procedure as defined by M/s.PCL
• Any value added service eg. COD/DOD etc. on a agreed charge, provided without any sort of liabilities on the part of PCL whether civil or criminal as regards the contractual obligations and payment terms between the Shipper and Receiver or whomsoever it may concern.
• In the event of any DD/Pay Order collected from the parties on behalf of the Shipper is found not to be genuine, no liability shall be cast upon PCL under any circumstances whatsoever. PCL is in no way responsible for fraud etc., on part of the parties inter-se as regards the payment of the value of the shipments.PCL is only a service provider in collecting the DD/Pay Order or other instrument, as per the parties instructions as may be tendered by the parties on delivery of the shipment for eventual delivery to the Shipper
• PCL shall not entertain any instruments unless specially instructed by Shipper

Payments

If the parties do not take delivery of the shipment due to any reason what so ever PCL shall raise bill to the parties towards the transportation and other charges in terms of this docket and the parties shall be liable to pay all the dues payable to PCL at the original booking station or any other station.

Online Payment

All online payment shall be made towards the services rendered by Pandit Cargo & Logistics. (herein after referred to as “Company”). All such transactions shall be deemed to be accepted only when the due amount shall be credited in the account of the Company. Unless, the Company has agreed through a written agreement signed by an authorized representative of the Company and subject to our credit approval policy, payment will be due on the due date mentioned in the invoice. If an invoice is not paid on or before the said due date, such invoice shall be subject to an interest payable @ 2% per month levied/charged from the date of said amount is due or payable until the full payment is made to the Company.

In case of cancellation of the booking after making an online payment refund of the amount shall be paid after 30 days from the date of payment credited in the account of the Company.

Claims

• No claim shall be entertained by PCL for any loss, shortage, damage, non-delivery, breakage, leakage, pilferage, etc. for the shipment unless a written claim is lodged within thirty (30) days from the date of docket, subject to remarks on the Proof of Delivery(POD).
• The parties shall not be entitled to deduct / adjust / set off any amount of claims including for loss of CENVAT copy and delivery challan etc. However M/s. PCL will extend cooperation if necessary enabling the Shipper to obtain the duplicate copy and settle their claims independent of payments to be made to PCL.
• PCL shall not entertain any claims arising out of decay / deterioration of material due to delay in delivery of consignment for any reason.