Conditions of Carriage

Conditions of Carriage

1. Application

1.1. These Conditions apply to the carriage of consignments from and between specified locations within the territory of India, utilizing the following services: FEDEX PRIORITY OVERNIGHT & FEDEX STANDARD OVERNIGHT. These services may be modified from time to time.

1.2 These Conditions represent the entire agreement between the parties and shall prevail over, exclude and supersede any other terms or conditions, oral or written, wheresoever appearing or made and, in particular, any terms or conditions sought to be incorporated by the customer or any other written or oral statements concerning these Conditions. The customer confirms that he does not rely upon or claim any other terms, warranties, conditions or representations relating to the use of the services.

1.3 These Conditions supersede all previous published terms and conditions of PAF. PAF reserves the right to unilaterally modify, amend, change or supplement these Conditions without notice. These Conditions are published in printed form and electronically at www.fedex.com/in. These Conditions supplement and detail the key terms and conditions on the back of the Waybill. In case of conflict between these Conditions and the terms and conditions on any manifest, shipping label or other transit documentation, these Conditions shall prevail.

1.4. These Conditions shall not be overridden or varied or added to except by express agreement in writing between the customer and a representative of PAF having the express written authority to do so.

2. Representations & Warranties of the Customer

2.1 The customer represents and warrants that :

 (a) the customer is the owner or the authorized agent of the owner of the goods entrusted to PAF for carriage;

 (b) the information contained on the Waybill is true and correct the consignment and each item/article in the consignment is properly described in the Waybill, invoice and other transit documents, if any, and conforms accurately to the actual contents of the consignment and does not contravene the provisions of the Indian Post Office Act, 1898 or any other law for the time being in force;

 (c) the consignment does not contain any items the carriage of which is restricted or prohibited hereunder;

 (d) the consignment is properly marked, addressed and packed to ensure safe handling;

 (e) if required, the customer shall furnish such information and such documents to PAF as are necessary to meet the formalities under the respective local laws of the States through which the goods are likely to pass en route to destination. PAF shall be under no obligation to enquire into the correctness or sufficiency of such information or documents.

2.2 By tendering the goods for carriage to PAF, the customer is deemed to have accepted these Conditions for himself/itself and/or as an agent for and on behalf of any person having any interest in the consignment.

2.3 The customer agrees to pay the freight charges, service tax and other surcharges payable on the consignment.

3. Carriage

3.1 PAF undertakes, subject to payment in accordance with the rates notified to the customer from time to time, to carry the customer's consignment from the point of tendering for delivery to the consignee at the address indicated on the Waybill. There is no obligation to deliver a consignment to the consignee personally and PAF may deliver to someone other than the person named in the Waybill or to a person who produces a copy of the Waybill.

3.2 PAF reserves the right to carry the customer's consignments by any route using multi-modal transportation according to its own handling, storage and movement methods and plans and by use of its business associates, co-loaders, co-couriers, franchisees or other Agents.

3.3 Sunday/holiday pick-up or delivery, if available, will be subject to a special handling fee.

3.4 PAF reserves the right to refuse, hold, cancel, postpone or return any consignment at any time if such consignment would in the opinion of PAF be likely to cause damage or delay to other consignments, goods or persons, or the carriage of which is prohibited by law or is in violation of any of these Conditions. The fact that PAF accepts a consignment does not mean that such consignment conforms to applicable laws and regulations or to the present Conditions.

4. Waybill

4.1 PAF issues a non-negotiable Waybill duly acknowledging the receipt of the consignment from its customer. The customer acknowledges that the Waybill has been completed by the customer or by PAF on behalf of the customer. The customer shall ensure that the Waybill provided by PAF is signed by a person authorized to sign it on behalf of the customer and the customer will be bound by the signature of such person on the Waybill. The Waybill shall be prima facie evidence of the conclusion of the contract, of the acceptance of the goods and of these conditions of carriage.

4.2 The customer shall be responsible for the correctness of the particulars and statements relating to the goods inserted by the customer or on its behalf in the Waybill.

4.3 The Waybill shall be prima facie evidence of the weight or measure and other particulars of the goods and the number of packages stated therein. However; particulars relating to the quantity, volume and condition of the goods shall not constitute evidence against PAF except so far as they have been and are stated in the Waybill to have been checked by PAF in the presence of the customer.

5. Duties & Taxes

 5.1 The freight charges are only for the carriage of the consignment from origin to destination and are exclusive of octroi, or any other tax levies that may be applicable to the consignment, from time to time, either at origin, en route or destination. Such levies, duties and taxes shall be payable by the consignee at the time of delivery of the consignment. Estimates of the applicable duties and taxes shall not be provided by PAF. PAF may, at its sole discretion, advance any duties and taxes payable in respect of any consignment against levy of a fee or charge therefor.

5.2 Regardless of any payment instructions or provisions to the contrary, the customer shall always remain ultimately liable for payment of all costs, charges and expenses (which shall without limitation include octroi, state and local taxes and imposts not paid for by the consignee) related to the consignment and for costs incurred either in returning the consignment to the customer or warehousing the consignment pending such return.

6. Surcharges

PAF reserves the right to assess fuel and other surcharges on consignments without notice. The duration and amount will be determined at PAF's sole discretion. The Consignor, by tendering his consignment to PAF, agrees to pay the surcharges in force. Details of current surcharges are available upon request.

7. Chargeable Weight

7.1 Every consignment shall be charged by its chargeable weight, as defined hereunder, and not the actual weight. The chargeable weight shall be the higher of :

(a) the actual weight rounded off to the next higher half kg or one kg as per the rate category agreed to, or

(b) the volume weight similarly rounded off as in (a) above.

7.2 Volume weight of a consignment, in kilograms, is its gross cubic volume in cubic centimeters divided by 6000.

7.3 PAF shall be entitled to charge on the actual weight or volumetric weight of the consignment, as the case may be, if it is greater than the weight declared by the customer on the Waybill or other delivery document.

8. Payment

8.1 The customer shall pay all invoices, charges, expenses or sums of whatever nature submitted by PAF by cash or by “account payee” cheques or as otherwise agreed in favour of PAF immediately when due without reduction or deferment on account of any claim, counterclaim or set-off.

8.2 PAF must be notified in writing of any queries relating to the invoices within 7 days of receipt of the invoice, failing which the invoice shall be deemed to have been accepted as correct.

8.3 The proof of delivery or other alternate documentation evidencing delivery of the consignment will be furnished provided a request in that behalf is made within 90 days of booking of the consignment but under no circumstances will be a pre-condition for payment of our bills.

8.4  Interest at the rate of 18% per annum shall be payable on all overdue invoices.

8.5 PAF shall be entitled to withhold services if the invoices are not paid with accrued interest within 30 days of receipt of a notice in that behalf. After settlement of the outstanding dues, PAF may, at its sole discretion, decide to resume services to the customer.

9. Labeling & Packing

9.1 Each package within a consignment must be legibly and durably marked with the full name and complete postal address with the PIN Code and telephone number of both the customer and the consignee. PAF shall not be liable for non delivery on account of incomplete or erroneous address being furnished by the customer.

9.2 It is the customer's obligation to ensure that all consignments entrusted to PAF for carriage are prepared and packed adequately to ensure safe carriage with normal care in handling. Any article susceptible to damage as a result of any condition which may be encountered during handling or transportation by air, railway or road must be adequately protected by the customer by proper packaging and PAF shall not be liable for any damage or shortages occurring as a result of improper packing.

10. Inspection of Consignments

10.1 PAF may, at its option, or upon the request of the competent authorities, open and inspect any consignment at any time, and shall incur no liability of any kind therefor.

10.2 In accordance with applicable regulations, X-ray screening of consignments may be undertaken and the Consignor and the Consignee hereby waive any possible claims against PAF for damages as a result thereof.

10.3 PAF shall not be liable in any circumstances for any claim, which relates to seizure or detention of goods in the course of transit by revenue, law enforcement or other government authorities.

11. Undelivered Or Unclaimed Consignments

11.1 A consignment shall be considered to be undeliverable if (i) the consignee's address is incomplete, illegible, incorrect or cannot be located, (ii) the consignee fails or refuses to accept delivery or sign or pay for delivery of any consignment (iii) the consignment would likely cause damage or delay to other consignments or goods, or injury to persons, (iv) the consignment contains prohibited items, (v) the consignment's contents or packaging are damaged to the extent that re-wrapping is not possible, (vi) the consignment is detained or otherwise unable to clear local or State boundaries.

11.2 In case a consignment remains undeliverable or unclaimed, PAF shall serve a notice by registered mail upon the consignee or upon the consignor, if the consignee is not available, requiring him to remove the goods within a period of fifteen (15) days from the date of receipt of the notice and in case of failure to comply with the notice, PAF shall have the right to sell such consignment without any further notice to the consignee or the consignor, as the case may be without incurring any liability whatsoever to the customer/consignee or anyone else. PAF shall, out of the sale proceeds so received, be entitled to retain a sum equal to the freight, storage and other charges due including expenses incurred for the sale and the surplus, if any, from such sale proceeds shall be returned to the consignee or consignor, as the case may be.

12. Liabilities not assumed

12.1 PAF will not be liable in any event for consequential or indirect losses or damages, including but not limited to loss of income or profits.

12.2 PAF shall not be liable for damages sustained in the event of destruction or loss of or damage to any consignment arising from causes beyond its reasonable control including but not limited to :- (a) an Act of God; (b) any consequences of war, armed conflict, invasion, act of foreign enemy, hostilities (whether war or not), civil war, riot, rebellion, insurrection, military or usurped power or confiscation, acts of terrorism, requisition or destruction of or damage to property by or under the order of any government or public or local authority, strike. lock-out, general or partial stoppage or restraint of labour from whatever cause; (c) seizure or forfeiture under legal process; (d) error, act, default, omission, mis-statement or mis-representation by the customer, consignee or other owner of the goods or by servants or agents of either of them; (e) the violation of any of the terms and conditions contained on the Waybill or these Conditions, tariff or other terms and conditions applicable to the consignment including, but not limited to the incorrect declaration of the goods, improper or insufficient securing, marking or addressing of the consignment, defective packing by a person other than PAF; (f) the loss of or damage to articles packed and sealed in packages by the Consignor, provided that the seal is unbroken at the time of delivery and the Package retains its basic integrity; (g) the erasure of data from or the loss or irretrievability of data stored on magnetic tapes, files or other storage media, or erasure or damage of photographic images or soundtracks from exposed film; (h) PAF’s failure to honour "package orientation" graphics (e.g., "UP" arrows, "THIS END UP" markings); (i) PAF's failure or inability to attempt to contact the Consignor or Consignee concerning incomplete or inaccurate address, incorrect or incomplete documentation or non-payment of duties and taxes necessary to release a consignment; (j) loss of or damage to any Package for which PAF has no record of receipt; (k) the act, default or omission of any public authority carried out in connection with the entry, exit or transit of the goods; (l) accidents to vehicles and other conveyances carrying the consignments; (m) flight delays; (n) refusal by consignee to accept the consignment or to give proper acknowledgment of receipt thereof; (o) inherent defect, quality or vice of the goods.

13. Money Back Guarantee Policy

13.1 PAF will upon request either refund or at its option credit to the applicable invoice the freight charges incurred by the customer if the first attempted delivery of a consignment occurs 60 seconds or more after the applicable Delivery Commitment Time ("Service Failure"). However, the Money Back Guarantee policy will only apply once a delivery commitment has been established by PAF after pick up of the consignment. This Money-Back Guarantee, if available (customers should check with PAF for details), can be suspended or revoked without notice.

13.2 The Money Back Guarantee shall not apply to the following consignments :
 (a) Consignments subject to Sunday/holiday/special delivery;

 (b) Re-routed consignments;

 (c) Consignments sent to postal codes falling outside the serviceable areas;

 (d) Consignments where a single Package weighs more than 32 kg;

 (e) Consignments picked-up after the defined cut-off time for that origin;

 (f) Undeliverable or returned consignments or any consignments containing Dangerous Goods;

 (g) Consignments delayed due to incorrect addresses or due to the unavailability or refusal of a person to accept delivery, whether or not the Package is returned to the Consignor, or to sign for the Package or by reason of any term permitting extension of time for delivery herein or causes described under Section 12: LIABILITIES NOT ASSUMED.

13.3 In order to qualify for a refund or credit the following limitations apply:

a) Where regulatory clearances are delayed due to inspection or sampling requirements, or due to the Consignor’s errors or omissions in documentation, the delivery commitment time is modified by adding one Business Day for each day (or fraction thereof) that such clearances are delayed;

b) A Service Failure will not be deemed to have occurred if within 30 days after PAF is notified, it furnishes proof either of timely delivery consisting of the date and time of delivery and name of the person who signed for the consignment, or service exception information reflecting that the failure to timely deliver resulted from any term permitting extension of time for delivery herein or circumstances described under Section 12 : LIABILITIES NOT ASSUMED;

c) Only one refund or credit is permitted per Package. If a Service Failure occurs for any Package within a multiple package consignment, a refund or credit will be given only for the proportion of the freight charges applicable to that Package;

d) A refund or credit will be given only if complete Consignee information was provided at the time of shipment. Complete Consignee information must be provided on either the Waybill or through an automated shipping device.;

e) This Money Back Guarantee applies only to freight charges and does not apply to duties, taxes or declared value charges or any other Charges;

f) A refund or credit will not be given to Consignors using automated shipping devices if incorrect package tracking numbers are applied to the subject Package or consignment;

g) A Service Failure will not be deemed to have occurred if a "bill to" Account Number was provided at the time of shipment that was not in good credit standing and the Package was held until alternate payment arrangements were secured. For purposes of this provision, "in good credit standing" shall mean that (1) payment on the PAF Account is current, (2) the Account is not in "cash only" status, and (3) for commercial or business Accounts, the balance does not exceed the credit limit established by PAF.

h) This Money Back Guarantee does not apply to delays in delivery caused by adherence to PAF policies regarding the payment of duties and taxes prior to delivery.

14. Declared Value & Limits of Liability

14.1 The liability of PAF for any loss or damage to any consignment shall be the lowest of : (a) Rs. 1,000/- in case of documents and 5,000/- in case of non documents, or (b) The amount of loss or damage to the consignment actually sustained or (c) The actual value of the consignment as determined, without regard to the commercial utility or special value to the customer.

14.2 The Declared Value for Carriage cannot exceed the invoice value.

14.3 The maximum Declared Value for Carriage and invoice value is limited as follows : FEDEX PRIORITY OVERNIGHT : Rs. 5000/- per consignment; FEDEX STANDARD OVERNIGHT : Rs. 10,00,000/- per consignment. Goods with a value (actual or declared) exceeding these amounts should not be sent using these services.

14.4 Any declaration of a value in excess of the maximums allowed by PAF is null and void. PAF’s inadvertent acceptance for carriage of any consignment bearing a declared value in excess of the allowed maximums does not constitute a waiver of any provision of or limits as to such consignment.

14.5 If the Declared Value for Carriage or Invoice Value for a consignment exceeds the authorized limits, such value shall automatically be reduced to the authorized limits for such consignment.

14.6 The actual value of a consignment (which term shall include any item of commercial value which is carried hereunder) shall be ascertained by reference to the cost by repair or replacement/resale or fair market value not exceeding the original cost of the article actually paid by the customer, always within the overall limit of Rs. 1,000/- in case of documents and 5,000/- in case of non documents.

15. Insurance

15.1 PAF does not provide insurance cover and the customer may insure the consignments entrusted for carriage to PAF at his own cost and expense.

15.2 PAF can arrange for insurance of a consignment on behalf of the customer for the declared value of the goods in respect of loss of or physical damage to such consignments. However, in such event, PAF shall be responsible only for the administrative facilitation and arrangement of the insurance policy.

15.3 The said insurance cover will be obtained subject to the following terms and conditions :

15.3.1 The customer shall pay Freight on Value to PAF, which will include the applicable premium payable to the insurance company on the declared value and the service charges of PAF;

15.3.2 The insurance shall not cover any indirect loss or damage, or loss or damages caused on account of any delays in delivery of consignments;

15.3.3 Any difference between the amount claimed by the customer and the amount paid by the insurance company shall be borne by the customer and PAF will not be liable for payment of the said sum under any circumstances.

15.3.4 Notwithstanding anything stated hereinabove, no claim shall be entertained if the freight charges together with FOV charges are not paid by the customer/consignor/consignee to PAF.

16. Customer’s Indemnities to PAF

16.1 The Customer shall indemnify PAF against all claims, demands, proceedings, fines, penalties, damage, costs and expenses suffered by PAF or by any other person to whom PAF is liable by reason of :

16.1.1 any irregularity, incorrectness or incompleteness of the particulars and statements or by the absence, insufficiency or irregularity of any information or documents furnished by the customer or other owner of the goods or any servant or agent or either of them;

16.1.2 insufficient or improper packaging, labelling or addressing of the goods;

16.1.3 all claims and demands whatever by whomsoever made in excess of the liability of PAF under these Conditions;

16.1.4 all losses suffered by and claims made against PAF arising out of the carriage by PAF of items not acceptable for carriage, including Dangerous and Prohibited Goods, whether or not declared by the customer as such;

16.1.5 all claims made upon PAF towards taxes, duties, penalties and interest.

17. No Warranties

Save as expressly set out herein, PAF makes no warranties, express or implied.

18. Claims

18.1 Claims for Damage or Delay: All claims for damage or delay must be notified in writing to PAF within twenty one (21) calendar days after delivery of the consignment, failing which no action for damages may be brought against PAF. Receipt of the consignment by the consignee without written notice of damage on the delivery receipt is prima facie evidence that the consignment was delivered in good condition. As a condition for PAF considering any claim for damage, the consignee must make the contents, original cartons and packaging available for inspection by PAF and must be retained until the claim is concluded. PAF reserves the right to inspect the damaged consignment on the customer's premises and to retrieve it for inspection at a PAF Branch. PAF shall be entitled to require proof in respect of any claim that the goods were undamaged when transit commenced.

18.2 Claims for Loss: All claims for loss must be received by PAF in writing within ninety (90) calendar days after the consignment is accepted by PAF.

18.3 PAF will only accept claims filed by the Consignor unless the Consignor provides written permission to PAF to accept the claim of the Consignee.

18.4 Where a customer has made a claim in writing in respect of loss, damage or delay to a consignment and PAF has requested documentation and/or information in support of such claim, such information must be provided to PAF within 180 calendar days failing which any claim will be deemed withdrawn.

18.5 No claim for loss, damage or delay will be entertained until all invoices and charges have been paid. The amount of any such claim will not be deducted from any dues owed to PAF.

19. Restrictions

19.1 The Consignor is allowed to ship up to 999 packages on a single Waybill.

19.2 The maximum size per piece, maximum allowable weight per consignment, pick-up and delivery times, value added services, payment options and list of stations vary for each service/product and customers should contact the PAF Branch for details.

19.3 Transit times vary for each service and depend on the origin-destination pair.

20. Items Not Accepted For Carriage

20.1 The following items will not be accepted for carriage :

20.1.1. Items classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization) or other government or regulatory agencies;

20.1.2 Items the carriage of which is prohibited by any law, statute or regulation;

20.1.3 Items requiring PAF to obtain any special licence or permit for transportation;

20.1.4 Packages that are wet, leaking or emit an odour of any kind;

20.1.5 The following foodstuffs are not accepted for carriage:

• Food stuffs not having original packaging of the manufacturer
• Foodstuffs in liquid or semi-solid form, such as Bottled Water, Juices, Milk, Beverages, Spirits, Jams, Jelly, Sauses, Canned Food etc
• Foodstuffs vulnerable to changes in temperature and moisture, such as Salt, Butter, Cheese, Chocolates, Candies, fresh fruits (other than mangoes), vegetables
• Foodstuffs requiring refrigeration, such as ice creams & frozen foods
• Foodstuffs having a shelf life of less than 30 days, such as fresh meat, fish, sweets made of milk, bread, cakes/pastries and other confectionery and bakery products
• Foodstuffs that undergo a change in their volume, weight, size, shape or form
• Foodstuffs packed in glass containers, such as coffee powder, pickles etc

 

 20.1.6 The following electronic goods are not accepted for carriage :

• Electronic goods having an active power source. Only dry batteries can travel with the package as long as the commodity is not rendered active for usage and the battery is not classified as Dangerous Goods under the IATA Dangerous Goods Regulations published from time-to-time
• Electronic goods not packed in packaging, which is air-worthy and not sealed in a manner that makes any tampering evident
• Items, parts, components of which are classified as Dangerous Goods by IATA Dangerous Goods Regulations published from time-to-time.

20.1.7Any items as may from time to time be notified by PAF to be restricted and/or banned and/or dangerous and/or prohibited for carriage from time to time (such items include but are not limited to radio-active, incendiary, corrosive or flammable substances, hazardous chemicals, explosives, firearms or parts thereof and ammunition, firecrackers, cyanides, precipitates, gold and silver ore, bullion, precious metals and stones, jewelry, semi-precious stones including commercial carbons or industrial diamonds, currency (paper or coin) of any nationality, securities (including stocks and bonds, share certificates and blank signed share transfer forms), coupons, stamps, negotiable instruments in bearer form, cashier's cheques, travellers’ cheques, money orders, passports, credit/debit/ATM cards, antiques, works of art, lottery tickets and gambling devices, livestock, fish, insects, animals, plants and plant material, human corpses, organs or body parts, blood, urine and other liquid diagnostic specimens, hazardous or bio-medical waste, wet ice, pornographic materials, contraband, narcotics and psychotropic substances, fragile glassware, crockery, bone china, shipments to post office box addresses, etc.).

20.2 The customer shall be solely liable for all costs and consequences arising out of carriage of the said items. PAF excludes all liability for consignments containing such items howsoever accepted (including acceptance by mistake or under notice).

21. Lien on Goods Consigned

PAF shall have a general lien on all goods in its possession, custody or control for any monies whatsoever due from the customer or owner of the consignment and such general lien shall extend to all freight charges, octroi duties and taxes, advances, or any other charges of any kind arising out of transit hereunder. PAF shall be entitled to detain any consignment until such dues are paid and, without prejudice to PAF’s other legal remedies to recover its costs, charges and expenses, shall be entitled, after giving fourteen (14) days notice to the customer, to sell the goods by public auction, tender, private agreement or other wise or even destroy the goods as Agent for and at the expense of the customer and apply the proceeds in or towards the payment of such sums. Upon accounting to the customer for any balance remaining after payment of any sums due to PAF and any costs of retention, insurance and sale or disposal, PAF shall be discharged of any liability whatsoever in respect of the consignment.

22. Jurisdiction of Courts

All disputes and claims shall be subject to the exclusive and irrevocable jurisdiction of courts at Mumbai.

23. Non-Waiver

Any failure by PAF to enforce or apply a provision of these Conditions does not constitute a waiver of that provision and does not otherwise impair PAF’s right to enforce such provision.