Terms & Conditions
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The provisions set out in the DWB shall apply to all Multi-Model transportations being performed by PTP Logistics Pvt Ltd. It also applies if the transport as described on the face of the DWB is contrary to the original intension of the party performed by the one mode of transportation only.
Delivery means delivering of goods to or placing the goods at the disposal of the party entitled to receive it. Shipment: Means all documents and parcel that travel under one DWB Goods: Means Cargo accepted from the consignor and includes any container, transportable tank not supplied by or on behalf of PTP Logistics Pvt Ltd.., excluding all dangerous, inflammable, combustible, contraband, prohibited goods, bullion, gems and currency note etc.
PTP Logistics Pvt Ltd.., is entitled to perform the transport in any reasonable manner and by any reasonable means, methods and routes.
The DWB note is to be regarded as a contract between the owner or the dispatcher of the Goods specified on the face hereof, on the one part and PTP Logistics Pvt Ltd.., on the other part for transportation of the goods. The DWB is NOT NEGOTIABLE under the Negotiable Instrument Act 1861.
PTP Logistics Pvt Ltd.., shall issue a DWB Note as an acknowledgement of the receipt of goods for transportation but no such DWB shall be the evidence of the condition or of the declared nature, quantity or weight of the goods received by PTP Logistics Pvt Ltd.
The consignor hereby warrants that the subject DWB does not include the material. CONTRABAND OR PROHIBITED by any Law time being in force, or banned by IATA (International AIR Transport Association), cash jewellary, precious metals and the DWB has been correctly valued and properly packed, marked and addressed so as to ensure safe transportation and delivery, through the PTP Logistics Pvt Ltd.., has a right not an obligation to open/inspect any document in order to check the misuse of our services by any unscrupulous people.
The consignor /consignee shall without limitation, be solely liable to the company for all costs and expenses which would include OCTROI, OTHER TAXES /IMPORTS/LEVIES related to the DWB and the cost of warehousing and return of the DWB to the consignor, if it is so desired by them and agreed by PTP Logistics Pvt Ltd.
The consignor hereby acknowledges that PTP Logistics Pvt Ltd.., may abandon or release the DWB itself or any article contained therein, which may have been declared by PTP Logistics Pvt Ltd.., as un acceptable for transportation, or which the consignor mis-discribed and /or over/under valued whether intentionally or otherwise without incurring any liability whatsoever to the consignor/consignee.
The consignor indemnity the carrier against all proceedings, fines, penalities damagers & loss and damage to the carrying vehicle and to other goods due to any error, omission, is statement of or insufficient or improper packing labeling or addressing of the goods or fraud.
PTP Logistics Pvt Ltd.., shall have a general lien against the owner of goods for any money whatever due to PTP Logistics Pvt Ltd.., from the consignor/consignee or such other owner of the goods. If any lien is not satisfied within a reasonable time, the PTP Logistics Pvt Ltd.., may at its absolute discretion sell the goods or part thereof, as agent for the owner and apply the proceeds towards the moneys due and the expenses of the intention's and sale of the goods and shall, upon accounting to the consignor/consignee for any balance remaining be discharged or liability whatsoever in respect of the goods.
Without prejudice to the forgoing clauses, the liability of the company for any loss or damage, the claim shall be limited to the extent of freight charged or *Rs.5000/-whichever is less, either consequential or otherwise for any cargo.
PTP Logistics Pvt Ltd.., will use its best endeavors to effect delivery of the subject DWBs as agreed. PTP Logistics Pvt Ltd.., will not, in any circumstances assume any responsibility or liability for any loss (direct or consequential, irrespective of the amount involved)alleged to have sustained by consignor/consignee/shipper, arising out of or caused by delay in pickup, transportation and delivery of the subject DWB due to:
a) Act of God, Act of anemies, force majeures, natural calamities or flood, or convulsions of nature, atmospheric disturbances, fire explosions, accidents, to the carrying vehicle or by the action of terrorists, militants or activists or by a person acting for a political motive or caused or resulting from strikes, lockouts, labour disturbances, riot or civil commotion etc. Or confiscation of goods by Government or any Authority provided that PTP Logistics Pvt Ltd.., has exercised reasonable care and precaution in the transportation of the subject DWB.
b) Any act default /omission on the part of consignor/consignee or any other interested party howsoever arising. Inherent voice or the nature or any special characteristics of the subject DWB.
c) Electric and magnetic injury erasure or other such damage to photographic or electronic picture images or recording the any form.
It is hereby expressly declared that no inquiry and/or shall be entertained unless the consignor/consignee make a claim in writing to PTP Logistics Pvt Ltd.., within 30 days for:
a) Short delivery or damage to goods, immediately after delivery at destination.
b) Non-delivery, mis delivery from the date of commencement of transit.
c) Damage delivery, from the date of delivery the consignment. d) No claim as above shall be entertained by PTP Logistics Pvt Ltd.., until all its freights/octroi, check post dues /levies, detention charges,demmurage etc. or any outstanding have been paid to PTP Logistics Pvt Ltd.., by the consignor/consignee as the case may be.
PTP Logistics Pvt Ltd.., shall be discharged from all liabilities under this DWB/AWB note unless a suit is brought within 6 months after the date of :
a) Delivery of goods.
b) When the goods should have been delivered.
c) When PTP Logistics Pvt Ltd.., disclaimed to the consignor/consignee in the term of clause.
Except under any special circumstances and/or for very good reason and after the payment of all the dues to PTP Logistics Pvt Ltd.., by the consignor/consignee both in respect of original outward transit and the return transit and solely at the discretion of PTP Logistics Pvt Ltd.., to rebook the goods from destination station (after arrival there at )to the original booking station or any other station.
Where PTP Logistics Pvt Ltd.., is unable for any reason to deliver the DWB to the consignee or as he may dispose the unclaimed goods by auction and tender the balance excess proceeds if any, after deduction of all the proper charges/expenses in relation there to and of all outstanding charges in relation to the carriage and storage of the goods shall discharge PTP Logistics Pvt Ltd.., from all liabilities in respect of such goods and their carriage and storage.
If the scheduled delivery date falls on Sunday/National /Local holiday, the next working day shall be treated as due delivery date.
The parties shall not be entitled to deduct /adjust/set off any amount due to PTP Logistics Pvt Ltd.., on account of claim including for loss of MODVAT copy and delivery challan etc. However PTP Logistics Pvt Ltd.., will extend cooperation if necessary in enabling the shippers to obtain the duplicate copy.
The terms and conditions as stipulated in this DWB are in addition to the special contract if any between PTP Logistics Pvt Ltd.., and parties.
Delhi court shall have exclusive jurisdiction to deal with any dispute which may arise out of or in connection with this contract.
That if the consignment is insured by the consignor or consignee, in that case insurer of the goods should provide Survey Report and copy of the policy to the transporter, in case of any damage/shortage/leakage or any other claim.