When ordering SMART EXPRESS’s services, you, as “Shipper”, are agreeing on your behalf and on behalf of the receiver of the Shipment (“Receiver”) and anyone else with an interest in the shipment that these Terms and Conditions shall apply.
This shipment is accepted by Smart Express Private Limited by its employees and agents referred to collectively hereinafter as "SMART EXPRESS", subject to the terms and conditions set out hereunder.
1.1. The SMART EXPRESS Waybill is non-negotiable and the Shipper acknowledges that it has been prepared by the Shipper or by SMART EXPRESS on behalf of the Shipper.
1.2. The responsibility of SMART EXPRESS for a shipment accepted under a Waybill cease when the Receiver acknowledges the receipt of the shipment by affixing his signature on the Return to Origin copy and/or the delivery sheet.
1.3. All shipments under the Waybill are carried at Owner's risk.
SHIPPER'S OBLIGATION AND ACKNOWLEDGEMENT
2.1. By tendering materials for shipments via SMART EXPRESS, it is deemed that the Shipper agrees to the terms and conditions stated therein.
2.2. The Shipper warrants that he is the owner or the authorised agent of the owner of the goods transported hereunder, and that the Shipper hereby accepts SMART EXPRESS terms and conditions for itself and/or as an agent for and on behalf of any other person having any interest in the shipment.
2.3. The Shipper warrants that each article in the shipment is properly described on this Waybill and it does not contravene the provisions of the Indian Post Office Act or any other law for the time being in force and has not been declared by SMART EXPRESS to be unacceptable for transport as specified under Section 12 below and that the shipment is properly marked and addressed and packed to ensure safe handling. The Shipper agrees that SMART EXPRESS and/or its Service Provider have a right to contact Shipper and/or Receiver for the purpose of feedback or any query related to the shipment on the Contact details provided by Shipper.
2.4. The Shipper shall be solely liable for all costs and expenses (which shall without limitation include GST taxes and import duties related to the shipments and for costs incurred either in returning the shipment to the Shipper or warehousing the shipment pending such return.
2.5. The Shipper accepts the condition that the shipment is being carried by SMART EXPRESS from point of rendering only up to the address shown on this Waybill and, in case this shipment has to be rerouted/redirected/returned for any reason whatsoever, the Shipper shall pay in advance all charges levied by SMART EXPRESS for such rerouting/redirection/return as per the normal schedule of SMART EXPRESS, as also any GST Taxes, Import duties etc. applicable thereon. SMART EXPRESS will hold such shipments at Destination mentioned on the Waybill for maximum period of 30 days from the date of shipment. Thereafter, SMART EXPRESS reserves the right to destroy the shipment without informing the Shipper, and the Shipper indemnifies SMART EXPRESS against any claim or liability.
2.6. GST (Goods & Service Tax) E-way bill is an electronic waybill for movement of goods which is generated from GSTN (common portal). The Shipper should ensure compliance as prescribed under GST based on shipment value. Any non-compliance in generation of E-way bill by Shipper may result in delay in delivery/non-delivery of shipments booked.
2.7. GST shall mean any of the ‘Central Goods and Service Tax Act’ (CGST) or ‘Integrated Goods and Service Tax Act’ (IGST Act) or ‘State Goods and Service Tax Act’ (SGST Act) or ‘Union Territory Goods and Service Tax Act’ (UTGST Act) as may be applicable including Rules/amendments notified thereunder from time to time.
2.8. Packing of the material rendered for the shipment is the responsibility of the Shipper, including placement of such material inside the container, if any, supplied by SMART EXPRESS, notwithstanding anything else in these terms and conditions.
3.1. Every shipment shall be charged by its chargeable weight, as defined hereunder, and not the actual weight. The chargeable weight shall be the higher of
The actual weight rounded off to the next higher half kg or one kg as per the rate category agreed to, or
The volume weight similarly rounded off as in (a) above.
3.2. Shipper, or the Receiver when SMART EXPRESS acts on Receiver’s behalf, shall pay or reimburse SMART EXPRESS for all shipment or other charges due, or Customs Duties owed for services provided by SMART EXPRESS or incurred by SMART EXPRESS on Shipper’s or Receiver’s behalf. Payment of Customs Duties may be requested prior to delivery.
LIEN ON GOODS SHIPPED
4.1. THE SHIPPER acknowledges SMART EXPRESS's right of lien on its shipments for any outstanding freight, any other applicable charges, Central, State and Local taxes, duties, levies, advances arising out of transportation and warehousing services, whether pertaining to past or present outstanding, in respect of any or all shipments carried under this Contract and may refuse to surrender possession of the shipments until all such charges are paid.
4.2. Further, if such charges are not paid to SMART EXPRESS within 10 days, then SMART EXPRESS may store the goods at the defaulting Shipper’s/Receiver’s own risk.
4.3. SMART EXPRESS further reserves its right to sell the goods by public auction, tender, private agreement or otherwise or even destroy the goods without prejudice to SMART EXPRESS's other legal remedies to recover its costs, charges and expenses, if the charges as indicated aforesaid are not paid by the Shipper/Receiver within 10 days.
4.4. SMART EXPRESS does not carry any perishable goods. However, in case of perishable goods, SMART EXPRESS shall have the right to dispose off/sell the goods immediately and without any notice and the SHIPPER shall keep SMART EXPRESS indemnified against all claims, charges and expenses incurred by SMART EXPRESS due to such perishable goods entering into the network of SMART EXPRESS.
4.5. If Receiver refuses delivery or to pay on delivery, or the shipment is deemed to be unacceptable, or it has been undervalued for customs/GST purposes, or Receiver cannot be reasonably identified or located. SMART EXPRESS shall use reasonable efforts to return the shipment to the Shipper at Shipper's cost, failing which the shipment may be released, disposed off or sold by SMART EXPRESS without incurring any liability whatsoever to the Shipper or anyone else. The proceeds shall be applied against service charges and related administrative costs and the balance of the proceeds of a sale to be returned to Shipper after adjusting outstanding dues, if any.
LIMITATION OF LIABILITY
5.1. Without prejudice to Section 6 and Section 7, the liability of SMART EXPRESS for any loss or damage to the shipment (which terms shall include all documents or parcels Shipped through SMART EXPRESS), shall be the lowest of
₹ 5,000/- in case of Domestic shipment and USD 100 in case of International shipment.
The amount of loss or damage to the document or parcel actually sustained for shipments which are not insured as mentioned below and the actual value of the document or parcel so determined will be without regard to the commercial utility or special value to the shipper.
The actual value of the document or parcel shall be ascertained by reference to the cost of preparation or replacement/reconstruction value at the time and place of shipment, but under no circumstance shall exceed ₹ 5,000/- in case of Domestic shipment and USD 100 in case of International shipment.
5.2. In the event of any loss or damage to shipments, which are insured by the Shipper, SMART EXPRESS may at the request of the Shipper, issue loss/damage/shortage Certificate with the sole purpose of enabling the Shipper to lodge insurance claim with its Insurance Company. The Shipper agrees and acknowledges that the Loss/Shortage/Damage Certificate will be issued by SMART EXPRESS, without admission of any claim and that SMART EXPRESS shall be discharged of all liabilities, if any arising out of the shipment on acceptance of the Loss/Damage/Shortage certified by the Shipper.
CONSEQUENTIAL DAMAGES EXCLUDED
Smart express shall not be liable in any event for any consequential or special damages or other direct or indirect loss howsoever arising, whether or not smart express has knowledge that such damages might be incurred, including but not limited to loss of income, profits, interest, utility or loss of market.
LIABILITIES NOT ASSUMED
7.1. In particular, SMART EXPRESS will not be liable for any loss or damage to the shipment or a delay in picking up or delivering shipment if it is:
Due to acts of God, force majeure occurrence of any cause reasonably beyond the control of SMART EXPRESS, or loss and damage caused through strikes, riots, political and other disturbances such as fire, accident of the vehicle carrying the goods, explosions, beyond the control of SMART EXPRESS for the goods that are carried by SMART EXPRESS.
The act, fault or omission/commission of any act of the Shipper/the Receiver or any other party claiming an interest in the shipment (including violation of any terms or conditions thereof) or any other person.
Carriers such as Airlines, or Airways not adhering to schedule for any reason whatsoever.
Government officials in discharge of their official duties such as Customs/GST inspection etc.
The nature of the shipment or any defects, characteristics, inherent vice, thereof.
Electrical or magnetic injury, erasure or other such damages to Photographic images or recording in any form.
7.2. Notwithstanding what is stated above, whilst SMART EXPRESS will endeavour to exercise its best efforts to provide expeditious delivery in accordance with its regular delivery, SMART EXPRESS WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR DELAY IN PICK UP, TRANSPORTATION OR DELIVERY OF ANY SHIPMENT REGARDLESS OF CAUSE OF SUCH DELAYS.
7.3. No liability is assumed for any errors and/or omissions in any information/data which is imparted in respect of the shipment travelling under the Waybill.
7.4. The Shipper indemnifies SMART EXPRESS against loss, damages, penalties, actions, proceedings etc. that may be instituted by any Government Officials in discharge of their official duties including but not limited to Customs/GST inspection etc.
7.5. Shipper agrees to indemnify SMART EXPRESS and keep SMART EXPRESS indemnified at all times against any and all liability, damages, loss which SMART EXPRESS incurs or may incur due to breach of any obligations required to be done by the Shipper under the Provisions of "GST Acts".
SMART EXPRESS RIGHT OF INSPECTION OF SHIPMENT
8.1. SMART EXPRESS has the right but not the obligation to open and/or inspect the shipment.
8.2. SMART EXPRESS reserves the right to refuse shipments not conforming to these terms and conditions without assigning any reason whatsoever.
9.1. While SMART EXPRESS has developed a sophisticated tracking system for all shipments carried in the network and has experienced manpower to handle all shipments, the Shipper may, if he so desires, insure his shipments at his own costs.
10.1. All taxes such as GST and other statutory payments levied on the shipments are to be borne by the Receiver and in his absence the same will be borne by the Shipper. SMART EXPRESS will not extend any credit for GST and other statutory charges.
11.1. Any claim must be brought by the Shipper and delivered in writing to the office of SMART EXPRESS nearest to the location at which the shipment is accepted within 30 days of the date of such acceptance. No claim can be made against SMART EXPRESS beyond this time limit.
11.2. No claim for loss or damage will be entertained until all charges have been paid. The amount of any such claim will not be deducted from any transportation charges owed to SMART EXPRESS.
MATERIALS NOT ACCEPTABLE FOR CARRIAGE
Except as per written agreement between Shipper and SMART EXPRESS, SMART EXPRESS will not carry materials as under.
Classified as hazardous material, dangerous goods, and prohibited, banned or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), any applicable government department or other relevant organization.
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.
SMART EXPRESS decides it cannot transport an item safely or legally (such items include but are not limited to animals, bullion, currency, bearer negotiable instruments, share certificates and blank shares, precious metals and stones, firearms or parts thereof and ammunition, human remains, pornography and illegal narcotics/drugs). Details available in all SMART EXPRESS offices on request and also available on the website www.smartr.in
CUSTOM CLEARANCE FOR INTERNATIONAL SHIPMENTS
13.1. By tendering the shipment to SMART EXPRESS, the Shipper appoints SMART EXPRESS as their agent to perform all customs clearance on behalf of the Shipper and the Receiver and to furnish all information and documentation required for this purpose.
13.2. The Shipper will be responsible for compliance with all export, import, re-export, and all applicable laws, rules and regulations of any country from, to and over which the shipment will be forwarded, and for all applicable documentation pertaining to the shipment. The Shipper will be responsible for any fines, duties, levies that may arise from non-compliance or violation of any laws, rules and regulations.
13.3. SMART EXPRESS may, on the Shipper's behalf, complete any documents, amend product or service codes and pay any duties or taxes required under the applicable laws and regulation, in order to provide its services to the Shipper. SMART EXPRESS assumes no liability to the Shipper or any other person for any losses or expenses due to failure to comply with this provision.
GOVERNING LAW AND JURIDICATION
All disputes & claims are subject to laws of India and are subject to the exclusive jurisdiction of courts in Mumbai.