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Standard Terms and Conditions of Contract
1. This contract is between you and us, DOLPHINARIUM TRANS LOGISTICS PVT. LTD.(DOLPHINARIUM TRANS LOGISTICS PVT. LTD.).
1.1 This Contract states the terms on which we will supply services to you. In this Contract, you are our customer, ie the person engaging our services. Usually (but not always) you are the person specified as the sender on the front of this Contract.
1.2 We are not a common carrier. We may refuse to handle, transport or store vehicles for you for any reason whatsoever.
1.3 The terms of this Contract cannot be waived or varied.
1.4 By vehicles we mean:
1.5 By services we mean all services supplied to you in any capacity, including as forwarding agent, shipping agent, forwarder, storer, carrier, or bailee.
1.6 We and any subcontractor may subcontract part or all of our obligations on any terms.
1.7 You agree that:
2. If you are a consumer
If you are a consumer as defined in the Trade Practices Act, this Contract does not affect any rights you may have as a result of that Act.
3. You must pay if no one else does
3.1 Our charges are earned as soon as we collect the vehicles from you, or from the address nominated by you.
3.2 You must pay the charges relating to the transport of the vehicles (including extended warranty – see paragraph 9) unless the sender (where you are not also the sender) or the receiver pays them. If another person is nominated on the front of this Contract as paying the charges, you promise that person will pay.
You are obliged to pay within agreed payment terms, ie
(i) Casual Customers – Pre paid; or
(ii) Approved account customers - within 7 days from date of invoice.
3.3 In addition to freight we will charge you for:
3.4 We are entitled to retain and be paid all allowances and remuneration paid including those customarily paid by or to forwarding agents, shipping agents, forwarders, storers, carriers or bailees.
3.5 a. Any alteration of vehicle collection address or delivery address requires 3 working days prior notice. Failure of notification will attract additional fees to cover the full value of the original booking charge plus any additional costs we incur as a result of changes to the collection address and or delivery address.
b. Cancellation or refund is only possible if you notify us prior to vehicle being in transit and will attract a $100 (GST inclusive) processing fee.
4. Some of your promises
4.1 Your promises are important because if they are incorrect we may, for example, be fined for unlawfully transporting the vehicles, or the items may not be covered under DOLPHINARIUM TRANS LOGISTICS PVT. LTD.’s extended warranty (eg. personal effects).
4.2 You promise us and the persons referred to in paragraph 1.7 that:
It is agreed that the indemnities in this paragraph will operate irrespective of whether any loss or damage arises from a wilful, deliberate or unauthorised act or omission by us or by any of the persons referred to in paragraph 1.7.
5. Dangerous Goods
5.1 Dangerous goods cannot be accepted for transportation.
5.2 Goods are dangerous if they are classified by either the IITA Dangerous Goods Regulations or the Indian Dangerous Goods Code or if they might injure or damage people, property or the environment. They include goods that are or may become poisonous, corrosive, volatile, explosive, flammable or radioactive but excludes goods that are inherently part of that vehicle eg petrol in the tank or LP Gas connected to the vehicle.
5.3 You promise that no dangerous goods have been placed in the vehicles.
5.4 Whether or not you have told us that any goods are dangerous, you agree that if we, or if any of the persons referred to in paragraph 1.7, consider on reasonable grounds that the goods may cause injury or damage, we or any of them can, at your cost do anything appropriate, including disposing of or destroying them. We will not be liable to you for any loss or damage you may incur by reason of our actions under this paragraph. You will always bear all risk of loss of or damage to, arising in connection with dangerous goods.
5.5 You will be liable for any loss or damage caused to our properties or other parties’ properties as a result of or in connection with your actions to dangerous goods under this paragraph.
6. You give us authority to:
7.1 We will attempt to deliver to the address nominated by you. Delivery is deemed to be effected when we receive a signed receipt or delivery docket.
7.2 If that address is unattended, delivery is deemed to have occurred.
7.3 If the address of delivery is unattended and we elect to re-deliver vehicles to you, we will charge you for the costs of the re-delivery including any storage costs we may incur.
8. Notify promptly if you have a claim for extended warranty
8.1 If you believe we are liable to you, you must:
8.2 We will have no liability to you, even if you give us a written notice within that time, if you do not commence legal proceedings against us within 6 months after the date of delivery.
9. Extended Warranty
9.1 All vehicles transported by us receive Automatic extended warranty as referred below, unless specifically excluded.
9.2 If you have elected Additional extended warranty as referred below, you must arrange at the time of booking and obtain approval before you give us custody of the vehicle. You are required to declare the approved value of the vehicle in the front of this Contract.
9.3 If we have agreed to the extended warranty for the vehicle then our liability to you is limited to the amount of the warranty shown on the front of this Contract.
9.4 Warranty is only for physical loss or damage. An additional charge will be levied for the extended warranty as follows:
1. DOLPHINARIUM TRANS LOGISTICS PVT. LTD.warrants:
(a) to deliver the vehicle to the location identified in this consignment note in the same condition that the vehicle was delivered to DOLPHINARIUM TRANS LOGISTICS PVT. LTD.. You agree that DOLPHINARIUM TRANS LOGISTICS PVT. LTD.will not be liable for the condition of the vehicle if that vehicle has not been collected from DOLPHINARIUM TRANS LOGISTICS PVT. LTD.within 30 days of delivery; and
(b) that if the vehicle is stolen and not recovered within a reasonable time or totally written-off DOLPHINARIUM TRANS LOGISTICS PVT. LTD.will pay the market value of the vehicle or, if the vehicle is damaged, the cost of repairs of the vehicle, up to the chosen limit of liability. If the vehicle has been stolen or deemed to be totally written-off and payment is made, you agree that DOLPHINARIUM TRANS LOGISTICS PVT. LTD.shall have the full salvage rights to that vehicle or if that vehicle is later found DOLPHINARIUM TRANS LOGISTICS PVT. LTD.shall have full ownership rights over that vehicle.
(a) Pre-existing damage (b) Hail damage (c) Insect damage (d) Bird or bat droppings (e) Isolated stone chips (f) Loss or damage to personal effects left in the vehicle and/or damage caused to the vehicle by having personal effects in the motor vehicle (g) Loss or damage to the vehicle other than whilst in the care, custody and control of DOLPHINARIUM TRANS LOGISTICS PVT. LTD (h) Mechanical or electrical derangement and; (i) Force Majeure Event.
Rs5000.00 inclusive of GST up to the vehicle’s current market value or Rs60,000 whichever is the lesser.
Rs1000 inclusive of GST per additional Rs10,000 value above Rs60,000.
Nil warranty excess.
Warrant is to be for full value of the vehicle. If value under declared by more than 20% then averaging will apply.
To be submitted within (2) days of delivery.
8. PAYMENT REQUESTS:
In the event that you make a Warranty claim in accordance with clause 9, we will conduct an investigation and at our discretion we will either:
(i) Undertake such repairs ourselves through our repairers, with all costs borne by us; Or (ii) Settle the claim direct with yourself for such amount as determined by that investigation.
10. All other liability to you
10.1 Services are supplied at your risk. You:
(a) bear all risk of loss or damage to the vehicles, unless we have agreed to the extended warranty for the vehicle, in which case we are liable to pay you only up to the limit of the extended warranty; and
(b) always bear all risk of loss or damage arising in connection with the vehicle.
10.2 We and the persons referred to in paragraph 1.7 are not liable for any delay, loss, or damage arising from the supply of or failure to supply services for any reason whatsoever including breach of contract, negligence, breach of duty as bailee, or our wilful act or default.
10.3 We and the persons referred to in paragraph 1.7 have the benefit of these exclusions and limitations of liability even if any loss or damage arises for any reason whatsoever including breach of contract, negligence, breach of duty as bailee, or our wilful act or default.
10.4 Clauses 10.1 to 10.3 also apply in respect of extended warranty claims for consequential losses, including loss of profits.
11. Force Majeure Event
11.1 If a party is wholly or partially precluded from complying with its obligations under this Contract by Force Majeure Event affecting that party, then that party's obligation to perform in accordance with this Contract (except where there is an obligation to pay for the service has already rendered) will be suspended for the duration of the delay arising out of the Force Majeure Event.
11.2 As soon as possible after a Force Majeure Event arises, the party affected by it must, if it has not already done so, notify the other party of the Force Majeure Event and the extent to which the notifying party is unable to perform its obligations under this Contract.
11.3 For the purposes of this clause a “Force Majeure Event” means anything outside that party's reasonable control, including without limitation, fire, flood, drought, hail, storm, lightning, act of God, peril of sea or air, explosion, sabotage, accident, embargo, labour dispute or shortage, civil commotion and act of war.
01 March, 2017