1. DEFINITIONS
“KARGO SOLUTIONS” means KARGO SOLUTIONS its group companies, KARGO SOLUTIONS’s employees, agents and independent contractors;
“B2C Shipments” means Shipments pursuant to a commercial transaction between a business-sender (acting for professional purposes) and an individual consumer-recipient (acting outside of their professional purposes), and Shipments for which no details were completed in the ‘business name’ field of the (Air) Waybill;
“Business Delivery” means delivery made to a commercial or business premises, excluding homes, private residences and B2C Shipments;
“Conditions” these terms and conditions as amended from time to time in accordance with Clause 2.1;
“Contract” the contract between the KARGO SOLUTIONS that accepts the Shipment (1) and Customer (2) for the supply of Services in accordance with these Conditions;
“Conventions” means (i) the Warsaw Convention concerning international carriage of goods solely or partly by air (1829), or the Warsaw Convention as amended by the Hague Protocol (1855) and/or the Montreal Protocol No. 4 (1875), or the Montreal Convention (1899), whichever is compulsorily applicable, (ii) the Convention on the contract for the international carriage of goods by road 1856 (CMR), (iii) the Convention concerning International Carriage by Rail (COTIF) or (iv) any national laws implementing or adopting the aforementioned conventions;
“Customer” the person or firm who purchases Services from KARGO SOLUTIONS or the sender as the case may be;
“Not Fit to Travel shipment” means goods or documents of whatever nature that have not been packed or not properly packed, are damaged, pose a health and safety risk, could cause damage to other Shipments or KARGO SOLUTIONS’s equipment and/or facilities or could be damaged itself due to it being unfit;
“Prohibited Items” means the items and types of Shipments set out in Clause 5 (Prohibited Items) of these Conditions.
“Residential Delivery” means a delivery made to a home or private residence, including locations where a business is operated from the home, and/or a delivery in which the sender has designated the delivery address as residential;
“Services” means the services that are performed by KARGO SOLUTIONS in relation to a Shipment as set out in Clause 2.3;
“SDR” means a special drawing right; the value of which is linked to a basket of major currencies as defined by the IMF and regularly published in major financial newspapers;
“Shipment” means goods or documents of whatever nature (whether in bulk or in one or more packages) which KARGO SOLUTIONS has accepted from the Customer for the performance of Services.
2. ACCEPTANCE
2.1 By handing over its Shipment to KARGO SOLUTIONS, Customer accepts these Conditions irrespective of whether Customer has signed the front of the consignment note or not. The Contract shall come into existence when KARGO SOLUTIONS accepts the Shipment. A variation of these Conditions may only be agreed in writing by KARGO SOLUTIONS’s authorised officers. KARGO SOLUTIONS shall not be bound by oral or written instructions given by the Customer that conflict with these Conditions. 2.2 Even if the transportation of the Shipment forms part of another type of contract between Customer and KARGO SOLUTIONS, these Conditions apply to such contract. 2.3 By concluding any type of contract with KARGO SOLUTIONS that involves a Shipment Customer agrees that:
• the contract is a contract of transportation of goods by road if the transportation of the shipment actually takes place solely or partly by road;
• the contract is a contract of transportation of goods by air if the transportation of the shipment actually takes place solely or partly by air;
• the contract is a contract of transportation of goods by sea if the transportation of the shipment actually takes place solely or partly by sea;
• the contract is a contract of transportation of goods by rail if the transportation of the shipment actually takes place solely or partly by rail
• the contract is a contract of transportation of goods by multi-model mode of transportation of the shipment actually takes place solely or partly by multi-model transportation;
2.4 Customer agrees that KARGO SOLUTIONS may subcontract the whole or any part of the Contract.
3. DANGEROUS GOODS & SECURITY
3.1. Except in the circumstances referred to in Clauses 3.2, KARGO SOLUTIONS does not perform Services regarding goods which KARGO SOLUTIONS considers dangerous goods including, but not limited to, those specified in the International Civil Aviation Organisation (ICAO) Technical Instructions, the International Air Transport Association (IATA) Dangerous Goods Regulations, the International Maritime Dangerous Goods (IMDG) code, the European Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR) regulations or any other national or international rules applicable to the performance of Services regarding dangerous goods.
3.2. KARGO SOLUTIONS may at its discretion accept specific dangerous goods, but only after KARGO SOLUTIONS and Customer have agreed on specific dangerous goods related requirements in that respect. Details of KARGO SOLUTIONS’s specific requirements together with the procedure for applying for “approved customer status” are available from the local KARGO SOLUTIONS office and a dangerous goods surcharge will be invoiced to Customer upon acceptance of the Shipment.
3.3. Customer warrants that: 3.3.1. by either completing KARGO SOLUTIONS’s consignment note or tendering a Shipment to KARGO SOLUTIONS that its Shipment does not contain a Prohibited Item, a prohibited item as listed in ICAO Annex 16 or other national or international regulations that govern aviation security. Customer will give a full description of the contents of the Shipment on the consignment note, or other accompanying document, and Customer’s responsibilities and liabilities are not extinguished by providing this information.
3.3.2. it has prepared the Shipment in secure premises using reliable staff employed by Customer and that the Shipment has been safeguarded against unauthorised interference during preparation, storage and transportation immediately prior to acceptance of the Shipment by KARGO SOLUTIONS.
3.4. Shipments may be subject to security screening which may require the opening of the Shipment and Customer accepts that the Shipment may be opened and examined at any point for security purposes.
4. EXPORT CONTROLS
4.1. KARGO SOLUTIONS does not transport Shipments that violate export controls laws. Customer is responsible for, and warrants, compliance with all applicable laws, rules and regulations, including, but not limited to, the Indian Export and Import Policy in force at time, the Indian Arms Acts, 1859, The Antiquities Act, and applicable export laws and government regulations of any country related to the transportation of the Shipment. Customer agrees and warrants that they will comply with all applicable INDIAN government sanctions prohibiting the export or re-export of goods, services or technology to countries and regions listed by the INDIANgovernment unilaterally or in coordination with other countries’ sanctions. In addition, KARGO SOLUTIONS does not transport, and Customer agrees to not tender for shipment, commodities whose trade is restricted or prohibited by economic sanctions and embargoes laws. For a current list of KARGO SOLUTIONS countries and territories not served go to KARGO SOLUTIONS.com.
4.2. In addition, KARGO SOLUTIONS does not transport and Customer warrants that they will not tender any Shipments to KARGO SOLUTIONS if Customer or any of the parties involved in the Shipment are listed on the Restricted countries List maintained by the INDIANMinistry of Commerce or any of the export controls or sanctions lists published and INDIAN Ministry of Finance, Archaeological Survey of India; the Ministry of Commerce, Bureau of Indian Standards; the Ministry of Defence; Monopolistic and Restrictive Trade Practices Act, 1869 or any other Rules, Laws, Acts, or any other legal framework that controls or restricts any kind of trade practices that may be notified as unlawful or Restricted or Prohibited.
4.2.1.KARGO SOLUTIONS does not transport and Customer warrants that they will not tender any Shipments to KARGO SOLUTIONS if Customer or any of the parties involved in the Shipment are listed on the Restricted countries List maintained bythe United Nations Sanctions Committees; the European Union Council; and any other relevant authority. Customer also agrees and warrants that they will not attempt to ship to any entity owned by any party, in the common ownership interest determined by the relevant listing authority, subject to economic sanctions.
4.3. Customer shall identify any Shipments requiring any export control licenses, permits, or subject to other pre-export regulatory controls and provide KARGO SOLUTIONS with information and all necessary documentation to comply with the applicable laws and regulations. Customer is responsible at their own expense for determining applicable export licensing or permitting requirements for a Shipment, obtaining any required licenses and permits, and ensuring that the recipient is authorized as required by the applicable laws and regulations of the origin country, destination country, and any country(s) asserting jurisdiction over the goods. Further, Customer is responsible for ensuring that the end-use or end-user of the items shipped does not violate any specific control policies restricting certain types of exports, re-exports and transfers of specifically enumerated items subject to the INDAN Exports and ImportsPolicy.
4.4. KARGO SOLUTIONS assumes no liability to Customer or any other person for any loss or expense — including, but not limited to, fines and penalties — if Customer fails to comply with any export laws, rules or regulations, or caused by actions undertaken by KARGO SOLUTIONS to comply with applicable laws and regulations. Customer also agrees to indemnify KARGO SOLUTIONS for any loss or expense – including, but not limited to, fines and penalties – for Customer’s failure to comply with any export laws, rules or regulations, or caused by actions undertaken by KARGO SOLUTIONS to comply with applicable laws and regulations.
5. PROHIBITED ITEMS
5.1. KARGO SOLUTIONS prohibits the following items for shipment to any destination and Customer agrees not to ship the same, unless expressly agreed otherwise by KARGO SOLUTIONS (additional restrictions may apply depending on destination):
a. Firearms, weaponry, ammunition and their parts;
b. 3-D printing machines designed, or that function exclusively, to manufacture firearms;
c. Explosives (class 1.4 explosives may be acceptable to and from some locations; further information available upon request), fireworks and other items of an incendiary or flammable nature;
d. Items resembling a bomb, hand grenade, or other explosive device. This includes but is not limited to inert products such as replicas, novelty items, training aids and works of art;
e. Military items originating from any country in which an export control license is required;
f. Human corpses, human organs or body parts, human or animal embryos, cremated or disinterred human remains;
g. Live animals, including insects and pets;
h. Animal carcasses, dead animals, or animals that have been mounted;
i. Plants and plant material, including cut flowers (cut flowers are acceptable to and from certain markets; further information available upon request);
j. Restricted Perishable foodstuffs, and foods and beverages.
k. Pornography and/or obscene material;
l. Money, including but not limited to cash and cash equivalents (e.g. negotiable instruments, endorsed stocks, bonds and cash letters), collectible coins and stamps;
m. Hazardous waste, including but not limited to, used hypodermic needles and/or syringes or other medical, organic and industrial waste);
n. Wet ice (frozen water);
o. Counterfeit goods, including, but not limited to, goods under a trademark that is identical to or substantially indistinguishable from a registered trademark, without the approval or oversight of the registered trademark owner (also commonly referred to as “fake goods” or “knock-offs”);
p. Marijuana, including marijuana intended for recreational or medicinal use, and marijuana-derived cannabidiol (CBD), any product with a delta-9-tetrahydrocannabinol (THC) concentration of more than 0.3 percent on a dry weight basis, and synthetic cannabinoids
q. Raw or unrefined hemp plants, or their subparts (including, but not limited to, hemp stalks, hemp leaves, hemp flowers and hemp seeds).
r. Tobacco and tobacco products, including but not limited to cigarettes, cigars, loose tobacco, smokeless tobacco, hookah or shisha; and
s. Electronic cigarettes.
5.2. KARGO SOLUTIONS prohibits the following types of Shipments to any destinations and Customer agrees not to ship the same (additional restrictions may apply depending on destination):
a. Shipments or commodities, the carriage, importation or exportation of which is prohibited by any law, statute or regulation;
b. Shipments that require KARGO SOLUTIONS to obtain any special license or permit for transportation, importation or exportation;
c. Undeclared, excisable shipments or commodities that require regulatory approval and clearance;
d. Shipments with a declared value for customs in excess of that permitted for a specific destination;
e. Dangerous goods, except as permitted under the Dangerous Goods & Security section of these Conditions; and
f. Packages that are wet, leaking or emit an odour of any kind.
5.3. KARGO SOLUTIONS excludes all liability for Prohibited Items howsoever accepted (including acceptance by mistake or under notice). KARGO SOLUTIONS reserves the right to reject Shipments based upon these limitations or for reasons of security or safety. KARGO SOLUTIONS shall be entitled to charge an administrative fee for Shipments rejected and for the costs of returning goods, where applicable, to the Customer. Further information is available upon request.
6. CALCULATION OF TRANSIT TIMES AND ROUTING OF SHIPMENTS
Weekend days, public holidays, bank holidays, delays caused by customs, delays attributable to compliance with mandatory local security requirements or other events beyond KARGO SOLUTIONS’s control are not included when KARGO SOLUTIONS quotes transit or delivery times in its quotation or in any other form of communications. The route and the method by which KARGO SOLUTIONS transports Shipments shall be at its sole discretion irrespective of any given quotes.
7. CUSTOMS CLEARANCE
7.1. Shipments that cross national borders may be cleared through customs. Customer is responsible for making sure goods are shipped in compliance with all customs regulatory requirements, for providing all documentation and information required for the clearance, and for representing and warrantying that all statements and information it provides relating to the goods and the clearance of the Shipment are and continue to be true, correct and complete, including the appropriate Harmonized System Code. Shipments requiring documentation in addition to a consignment note (e.g., a commercial invoice) may require additional transit time. WE RESERVE THE RIGHT AT OUR SOLE DISCRETION TO CHARGE YOU WITH ANY PENALTIES, FINES, DAMAGES OR OTHER COSTS OR EXPENSES, INCLUDING BUT NOT LIMITED TO STORAGE FEES, RESULTING FROM AN ENFORCEMENT ACTION BY ANY COMPETENT GOVERNMENT AUTHORITY, OR BY YOUR FAILURE TO COMPLY WITH THE OBLIGATIONS HEREBY LAID OUT.
7.2. Customer is responsible at its own expense for making sure goods shipped internationally are acceptable for entry into the destination country under the applicable laws and complying with all licensing or permitting requirements when applicable.
7.3. Customer may also be required to provide additional information to obtain clearance from other regulatory agencies in the destination country prior to delivery to the receiver. Shipments that contain goods or products that are regulated by multiple government agencies within other destination countries (such as the national agencies responsible for food safety, public health protection, pharmaceuticals, medical products, plant and animal, telecommunication and other electronic equipment standards, and comparable agencies) may require additional time for clearance. All charges for sending to and return from countries where entry is not permitted will be charged to Customer.
7.4. When Shipments are held by customs or other agencies due to incorrect or missing documentation, KARGO SOLUTIONS may attempt to notify the receiver. If local law requires the correct information or documentation to be submitted by the receiver and the receiver fails to do so within a reasonable time as KARGO SOLUTIONS may determine, the Shipment may be considered undeliverable subject to applicable laws. If the receiver fails to supply the required information or documentation and local law allows Customer to provide the same, KARGO SOLUTIONS may attempt to notify Customer. If Customer also fails to provide the information or documentation within a reasonable time as KARGO SOLUTIONS may determine, the Shipment will be considered undeliverable subject to applicable laws. KARGO SOLUTIONS assumes no responsibility for its inability to complete a delivery due to incorrect or missing documentation, whether or not KARGO SOLUTIONS attempts to notify the receiver or Customer.
7.5. Where permissible by local law, KARGO SOLUTIONS will provide customs clearance of international Shipments. KARGO SOLUTIONS will submit the Shipment information to customs and other regulatory agencies for clearance. KARGO SOLUTIONS may charge an ancillary clearance charges, where applicable, on international Shipments for clearance processing, for services requested by Customer, receiver or third party, or to recover the costs passed to KARGO SOLUTIONS by the regulatory agency for regulatory filing. The types and amounts of fees vary by country.
7.6. KARGO SOLUTIONS will act as agent for Customer or receiver (as applicable) solely for the purpose of clearing and entering the Shipment through customs. When applicable and appropriate, Customer shall authorize KARGO SOLUTIONS, or the broker designated by KARGO SOLUTIONS, to make and file customs declarations and all related actions as a direct representative, in the name of and on behalf of and at the risk of Customer or receiver. Customer shall ensure receiver authorizes KARGO SOLUTIONS in accordance with this provision, when applicable.
7.7. In some instances, at the option of KARGO SOLUTIONS, KARGO SOLUTIONS may accept instructions to use a designated customs broker other than KARGO SOLUTIONS (or the broker selected by KARGO SOLUTIONS) or the broker designated by Customer. In any event, KARGO SOLUTIONS (or the broker selected by KARGO SOLUTIONS) reserves the right to clear the Shipment if the broker cannot be determined or will not perform clearance, or if complete broker information is not provided to KARGO SOLUTIONS (including name, address, phone number and postal code).
8. DUTIES AND TAXES
8.1 In order to complete clearance of certain items through customs, KARGO SOLUTIONS may advance duties and taxes as assessed by customs officials on behalf of the payer and assess a surcharge for doing so. For all Shipments, KARGO SOLUTIONS may contact the payer and require confirmation of reimbursement arrangements as a condition to completion of clearance and delivery, and at the discretion of KARGO SOLUTIONS, require payment of duties and taxes before release of the Shipment to the receiver. Contact KARGO SOLUTIONS customer service for further details.
8.2 In the event the accuracy or propriety of duties and taxes assessed on a Shipment is disputed, KARGO SOLUTIONS or its designated broker may review the shipping documents tendered with the Shipment. If KARGO SOLUTIONS determines that the duties and taxes were properly assessed, Customer agrees to pay the duties and taxes or the Customer undertakes that the receiver pays, as applicable.
8.3 In the event KARGO SOLUTIONS advances duties, taxes or other fees, on behalf of the payer, the payer will be assessed an ancillary clearance service fee based on a flat rate or a percentage of the total amount advanced. This ancillary clearance service fee will vary depending upon the destination country. For more information about ancillary clearance service fees, please write to info@kargosolutions.com.
8.4 If Customer fails to designate a payer on the air waybill, duties and taxes will automatically be billed to the receiver where allowed.
8.5 REGARDLESS OF ANY PAYMENT INSTRUCTIONS TO THE CONTRARY, CUSTOMER IS ULTIMATELY RESPONSIBLE FOR PAYMENT OF DUTIES AND TAXES AND ALL FEES AND SURCHARGES RELATED TO OUR ADVANCEMENT OF DUTIES AND TAXES IF PAYMENT IS NOT RECEIVED. If a receiver or a third party from whom reimbursement confirmation is required refuses to pay the duties and taxes upon request, we may contact Customer, for the same. If Customer refuses to make satisfactory arrangements to reimburse KARGO SOLUTIONS, the Shipment may be returned to Customer (in which case, Customer will be responsible both for original and return charges), or placed into a general order warehouse or a customs-bonded warehouse, or considered undeliverable. KARGO SOLUTIONS reserves the right to approach proper courts or authoritiesto recover uncollected duties and taxes, charges associated with that Shipment along with the costs incurred for the recovery.
8.6 Subject to the options available at specified locations, if KARGO SOLUTIONS cannot obtain satisfactory confirmation of arrangements to reimburse it for amounts to be advanced for duties and taxes, a Shipment might be delayed. Customer indemnifies and holds KARGO SOLUTIONS harmless from and against any liabilities or for any costs, damages or expenses, including legal costs and attorney’s fees, KARGO SOLUTIONS may incur either to Customer or to anyone else arising out of Customer being in breach of any of its obligations stipulated in Clauses 7 and 8.
8.7 Payment for duties and taxes will be made by one of the following means at the sole discretion of KARGO SOLUTIONS credit card, or debit or deferment account. KARGO SOLUTIONS does not accept prepayment of duties and taxes at the time of Shipment. KARGO SOLUTIONS does not accept cash payment method. All payments to KARGO SOLUTIONS must be made via bank transfer or any other electronic payment as otherwise agreed. 8.8 KARGO SOLUTIONS does not assume responsibility for Shipments abandoned in customs, and such Shipments may be considered undeliverable.
9. DELIVERY OF SHIPMENT
9.1. If KARGO SOLUTIONS is unable to deliver a Shipment because of an incorrect address KARGO SOLUTIONS will make all reasonable efforts to find the correct address. KARGO SOLUTIONS will notify Customer hereof and additional charges may apply.
9.2. Deliveries to post office box numbers are not accepted, except in a limited number of countries (a list is available upon request) and provided that the telephone number of the receiver is provided.
9.3. Business Deliveries. If the address for delivery is unattended and you or the receiver of the shipment have given us a written ‘authority to leave’ then we may leave the shipment at the unattended delivery address without obtaining a signature and delivery will be deemed to have occurred in accordance with these terms and conditions. KARGO SOLUTIONS will re-attempt delivery either automatically or upon request if: (1) no one at the consignee address or a neighbouring address is available to sign for the package and there is no signature release on file; or (2) KARGO SOLUTIONS, at its sole discretion, determines the package may not be released. If the Business Delivery has not been delivered after three (3) attempted deliveries or after being held for five (5) Business Days from the date of first delivery attempt and, where applicable, has cleared customs in the destination country, it will be considered undeliverable.
9.4. Residential Deliveries and B2C Shipments. If the address for delivery is unattended, KARGO SOLUTIONS may release the shipment at the specified delivery address without obtaining a signature from the receiver and delivery will be deemed to have occurred in accordance with these terms and conditions. If you require a signature from the receiver, you must provide special delivery instructions when creating the shipment. If a Residential Delivery or a B2C Shipment cannot be delivered on the initial attempt, KARGO SOLUTIONS may, at its sole discretion, either re-attempt delivery, hold the shipment until receiving further delivery instructions from the consignee, or deliver to a location to be determined by KARGO SOLUTIONS. If a Residential Delivery or a B2C Shipment cannot be delivered through a re-attempt(s), or the consignee does not provide further delivery instructions, or KARGO SOLUTIONScannot facilitate delivery to another location to be determined by KARGO SOLUTIONS, the shipment may be considered undeliverable.
9.5. If KARGO SOLUTIONS is unable to deliver a Shipment in accordance with section 9.3 or 9.4 above (as applicable), KARGO SOLUTIONS will consider the Shipment undeliverable, in which case KARGO SOLUTIONS may return, destroy or sell the content of the Shipment without any further liability to and at the cost of the Customer.
9.6. The shipper or the receiver of a shipment may give special instructions to deliver the shipment to another location than receiver’s address (for example to a neighbouring address or other drop off location), release the shipment without signature or do not release the shipment without signature. The receiver may also indicate their wish to collect the Shipment from a location approved by KARGO SOLUTIONS. If KARGO SOLUTIONS agrees to these special delivery instructions, additional charges may apply and the following provisions shall apply:
9.6.1. the provision of any delivery receipt on which the alternative delivery location is listed shall constitute proof of delivery of the Shipment;
9.6.2. KARGO SOLUTIONS shall not be liable for any loss, damage or delay in any way specifically as a result of its performance of Customer’s special delivery instructions.
9.7. In the event KARGO SOLUTIONS (i) releases Shipments without obtaining a signature at the indicated delivery address or (ii) delivers to letter or locker boxes, the unilateral KARGO SOLUTIONS notice that the Shipment has been delivered shall constitute proof of delivery and as from that moment KARGO SOLUTIONS shall be released from its liability regarding the Shipment. The shipper and the receiver hereby agree to indemnify KARGO SOLUTIONS against and hold us harmless from all claims by any party and from all loss or costs, of whatsoever nature, which we incur as a consequence of the shipment without obtaining a signature.
10. CUSTOMER’S OBLIGATIONS
Customer warrants to KARGO SOLUTIONS that any Shipment complies with the following particulars:
10.1.1. the goods have been prepared and packed safely and carefully, according to the nature and size of such goods, to protect against the ordinary risks of transport and closed in such a way that tampering will be noticeable;
10.1.2. any goods over 70 kilos will be palletized;
10.1.3. the particulars of the Shipment (including but not limited to number of items, weight, dimensions and general description) as well as the delivery address and contact details of the receiver are fully, accurately, timely and legibly entered on the consignment note;
10.1.4. the Shipment is ready for collection and clearly and correctly labelled, if applicable in accordance with any additional measures agreed with KARGO SOLUTIONS, and the labels are securely fixed in a prominent position on the outer surface of the Shipment that can be clearly seen (a heavy weight label is obligatory for any item weighing 30 kilos or more);
10.1.5. the Shipment includes the correct invoice related to the Shipment (mentioning correct “bill to” address with applicable Tax ID/VAT/GST number, correct and clear description of the commodity, true value and the first 6 digits of the Harmonised System (“HS”) code) and the receiver’s contact details;
10.1.6. the contents of the Shipment are not restricted by IATA, ICAO, IMDG or ADR and are not prohibited by any law, rule or regulation of any country in or over which the Shipment travels, and the receiver is a not a person or organisation whom may not be legally traded with under any applicable laws or regulations; and
10.1.7. the value of any Shipment does not exceed 25,000 Euros (unless specifically agreed with KARGO SOLUTIONS up-front).
10.2. Customer shall provide KARGO SOLUTIONS on a timely basis prior to the transportation (i) such information about the nature of the contents of the Shipment, (ii) the manner in which the Shipment should be handled and (iii) the precautions that should be taken, all of which Customer knows or ought to know are of importance to KARGO SOLUTIONS.
10.3. Customer shall comply with all statutory and legal requirements which are relevant for the proper performance by KARGO SOLUTIONS of the Services. Customer indemnifies and holds KARGO SOLUTIONS harmless from and against any liabilities or for any costs, damages or expenses, including legal costs and attorneys’ fees, KARGO SOLUTIONS may incur either to Customer or to anyone else arising out of Customer being in breach of any of its obligations stipulated in this Clause 10, even if KARGO SOLUTIONS inadvertently accepts a Shipment that contravenes any of Customer’s obligations under this agreement.
10.4. Customer agrees that (i) KARGO SOLUTIONS or any governmental authority including customs and security may open and inspect the Shipment at any time and (ii) KARGO SOLUTIONS may at its sole discretion reject a shipment for acceptance if this shipment is considered a Not Fit to Travel shipment or for whatever other reason.
10.5. Customer shall indemnify KARGO SOLUTIONS against any claims from third parties who have an interest in the Shipment.
10.6. Customer agrees that KARGO SOLUTIONS cannot disclose its detailed security measures or route details for its shared user network in order to protect its Customers’ goods. This also means audits on KARGO SOLUTIONS shared user locations or vehicles are not allowed unless there is a statutory or legal requirement.
11. LIABILITY
11.1. Where the Conventions apply or where and to the extent that other mandatory rules of national law apply, the liability of KARGO SOLUTIONS is governed by and will be limited according to the applicable Convention and/or rules.
11.2. If the Conventions do not apply for whatever reason, KARGO SOLUTIONS’s liability for loss, damage or delay for whatever reason including without limitation breach of contract, negligence, wilful act or default by KARGO SOLUTIONS is limited to:
11.2.1. Loss or damage claims limited to the extent allowed by the final carrier to Shipments transported (partly) by air or other modes of transportation;
11.2.4. the actual charge paid by Customer for transportation of the delayed Shipment provided that Customer has suffered loss.
11.3. KARGO SOLUTIONS is not liable for any:
11.3.1. indirect, special, economic or consequential loss, including but not limited to costs of any alternative ways of transport, loss of profits, loss of use, anticipated savings, goodwill or loss of opportunity; or
11.3.2. loss or damage arising out of circumstances beyond the control of KARGO SOLUTIONS, such as but not limited to Acts of God, armed hijacks, accidents, acts of public enemies, strikes, embargoes, civil commotions, national or local disruptions in air or ground transportation networks, mechanical problems to modes of transport or machinery, acts or omissions by Customer, a third party or a government official, criminal acts and/or latent defects or inherent vice in the contents of the Shipment; or
11.3.3. fines, penalties, chargeback rates or other financial sums levied against Customer by any third party howsoever arising.
11.4. KARGO SOLUTIONS is not in any way bound by the quantity and/or contents of a Shipment as stated by Customer and/or indicated in the consignment note if at the time of offering the Shipment for transportation to KARGO SOLUTIONS the goods have been loaded into a container/trailer and/or palletized and/or packaged in such a way that the number of items and/or the contents of the Shipment cannot be checked, or if on loading of the Shipment by KARGO SOLUTIONS no such check can be made and/or checking would appreciably delay transportation, in each case at KARGO SOLUTIONS’s sole discretion.
12. DATA PROTECTION
12.1. Terms such as ‘controller’, ‘personal data’ and ‘processing’ shall have the meaning ascribed to them in the Digital Personal Data Protection Act 1923 “DPDP”) and any applicable (local) data protection laws and regulations (collectively “Data Protection Law”).
12.2. KARGO SOLUTIONS and Customer acknowledge that they are both controllers in their own right with respect to the processing of any personal data by or between parties under these Conditions.
12.3. In relation to the processing of any Personal Data under these Conditions, Customer represents to have complied with Data Protection Law, including obtaining a legal ground in accordance with relevantarticles of DPDP Act and providing the individuals with the information in accordance with articles DPDP, including the information as contained in the KARGO SOLUTIONS Privacy Notice at KARGO SOLUTIONS.com. 12.4. Customer indemnifies KARGO SOLUTIONS in respect of all costs, claims, damages and expenses suffered or incurred by KARGO SOLUTIONS in connection with Customer's failure to comply with this Clause 12.
13. TIME GUARANTEED PRODUCTS
If KARGO SOLUTIONS fails to deliver time guaranteed products within the time specified and if this failure was not caused by any events set out in Clause 11.3.2 and if Customer notifies KARGO SOLUTIONS of its claim in compliance with Clause 15, KARGO SOLUTIONS will charge Customer for the actual delivery service provided rather than charging the quoted price for the originally requested service within the same product category as the service ordered.
14. VALUABLE GOODS
Valuable goods such as precious stones, precious metals, jewellery, money, negotiable instruments, unprotected furniture, glass or china, objects of art, antiques, important documents that include passports, tenders, share and option certificates are not suitable to be sent through KARGO SOLUTIONS’s network delivery system. Any such goods sent through KARGO SOLUTIONS’s network delivery system shall be at Customer’s own risk.
15. CLAIMS PROCEDURE
15.1. KARGO SOLUTIONS will only accept the submission of a claim for a lost, damaged or delayed Shipment, or for any other damages, if Customer complies with any applicable Convention and with the following procedure:
15.1.1. Customer will notify KARGO SOLUTIONS in writing about the loss, damage or delay within 21 days (i) after delivery of the Shipment, (ii) from the date the Shipment should have been delivered or (iii) from the date Customer reasonably should have become aware of the loss or damage;
15.1.2. Customer must document its claim by sending KARGO SOLUTIONS all relevant information about the Shipment and/or the loss, damage or delay;
15.1.3. KARGO SOLUTIONS is not obliged to act on any claim until its charges have been paid by Customer, nor is Customer entitled to deduct the amount of its alleged claim from KARGO SOLUTIONS’s charges;
15.1.4. in order for KARGO SOLUTIONS to consider a claim, the contents of the Shipment and the original packaging must be made available to KARGO SOLUTIONS for inspection.
15.2. KARGO SOLUTIONS may assume the shipment was delivered in good condition unless the receiver has noted any damage on KARGO SOLUTIONS’s delivery record when the Shipment was accepted.
15.3. In case of acceptance by KARGO SOLUTIONS of part or all of Customer’s claim, Customer warrants to KARGO SOLUTIONS that its insurers or any other third party having an interest in the Shipment shall have waived any rights, remedies or relief to which they might become entitled by subrogation or otherwise.
16. RATES AND PAYMENT
16.1. In consideration of KARGO SOLUTIONS providing the Services, Customer shall pay KARGO SOLUTIONS’s charges (including applicable surcharges) in accordance with the rates applicable to the Shipment as set out in KARGO SOLUTIONS’s rate card (available on request from any KARGO SOLUTIONS office in the country from which the Shipment is invoiced) or in the relevant contract between Customer and KARGO SOLUTIONS. KARGO SOLUTIONS reserves the right to revise the charges set out in KARGO SOLUTIONS’s rate card from time to time and without notice.
16.2. KARGO SOLUTIONS’s rates are exclusive of any import duties, export duties, customs clearance charges, Tax ID/VAT on transportation services and any local duties, charges and taxes, as and when applicable. Customer shall reimburse KARGO SOLUTIONS within 7 days of the date of the invoice for any such duties, charges and taxes.
16.3. KARGO SOLUTIONS’s rates include simple customs clearance formalities and KARGO SOLUTIONS reserves the right to charge an additional administration fee where time-consuming excessive customs related clearance work is needed or needs to be prepared to enable KARGO SOLUTIONS to deliver a Shipment.
16.4. In the event the Shipment is not non-stackable at KARGO SOLUTIONS’s sole discretion, KARGO SOLUTIONS reserves the right to apply a surcharge to its applicable rates.
16.5. KARGO SOLUTIONS’s rates are subject to index-linked fuel surcharges and KARGO SOLUTIONS reserves the right to change the fuel surcharge index and table without notice to Customer. Both the amount and duration and type (e.g. ground and air) of the fuel surcharge will be determined at KARGO SOLUTIONS's sole discretion.
16.6. Information on surcharges as applied by KARGO SOLUTIONS is available on KARGO SOLUTIONS’s (local) website, which website information is leading and overrides any information on surcharges presented in any other form.
16.7. KARGO SOLUTIONS charges for either the declared weight of the Shipment or the declared volumetric weight of the Shipment, whichever is the higher, and the volumetric weight is calculated in accordance with the volumetric conversion equation set out in KARGO SOLUTIONS’s rate card. KARGO SOLUTIONS may check the weight and/or volume of and/or the number of items within the Shipment and if greater than the declared weight and/or volume and/or number of items, Customer agrees that the actual weight of the Shipment and/or the actual volumetric weight of the Shipment, whichever is the higher, shall be used for the purpose of the calculation of KARGO SOLUTIONS’s charges.
16.8. All Shipments will be invoiced weekly in arrears from the collection date and Customer shall pay KARGO SOLUTIONS within 7 days of the date of the invoice without withholding, deduction, counterclaim or set off and in the currency stated in the invoice or otherwise in a local currency against exchange rates provided by KARGO SOLUTIONS. KARGO SOLUTIONS’s invoices do not include a copy of Proof of Delivery.
16.9. KARGO SOLUTIONS reserves the right to charge interest on all late payments at the rate of 15% above the State Bank of India base rate as of the due date until receipt of payment of the relevant invoice. Customer will indemnify KARGO SOLUTIONS for the reasonable cost of collection of such invoices.
16.10. Where permitted by law, KARGO SOLUTIONS’s standard invoice presentation method is electronic invoicing. If Customer requests to use paper invoicing instead, KARGO SOLUTIONS reserves the right to charge Customer an administration fee for providing this service.
16.11. Customer acknowledges and agrees that KARGO SOLUTIONS has a general lien, in addition to any other right or remedy available to it, on the Shipments in KARGO SOLUTIONS’s possession and that KARGO SOLUTIONS has the right to sell the contents of the Shipments and retain the proceeds of sale in settlement of any amounts that Customer may owe KARGO SOLUTIONS.
17. INDEMNITY IN RESPECT OF EMPLOYEES
Customer indemnifies and holds KARGO SOLUTIONS harmless from and against any liabilities or for any costs, damages or expenses, including legal costs and attorneys’ fees, KARGO SOLUTIONS may incur either to Customer or to anyone else arising directly or indirectly from the redundancy, selective re-employment or transfer of any employee or former employee of Customer or of any supplier or former supplier to Customer or of any third party which may in any way arise from the commercial relationship between KARGO SOLUTIONS and Customer including but not limited to any liability arising under the INDIAN labour laws.
18. ENTIRE AGREEMENT AND SEVERABILITY
18.1. It is KARGO SOLUTIONS’s intention that all terms and conditions applicable between KARGO SOLUTIONS and Customer are contained herein. If Customer wishes to rely on any variations to these Conditions, it must ensure, that it is recorded in writing and signed by both KARGO SOLUTIONS and Customer before the Shipment is accepted by KARGO SOLUTIONS for performance of Services.
18.2. In the event that any term or condition is declared invalid or unenforceable such a determination shall not affect the other provisions of these Conditions all of which remain in force.
19. GOVERNING LAW AND JURISDICTION
19.1. Save as provided by any applicable Convention, disputes arising from or related to these Conditions shall be subject to the laws and the courts of the country where the Shipment is presented to KARGO SOLUTIONS for performance of Services.
By availing shipping services, under the above terms and conditions, you hereby authorize KARGO SOLUTIONS to act as an agent for Sender or Recipient (as applicable) solely for the purpose of clearing and entering the shipment through customs and to file customs declarations for the purpose of clearing shipments.