Customized terms and conditions applicable to GTA customers

Current as of date of letter and subject to change, modification and revision by FedEx at any time at its sole discretion

FEDEX EXPRESS TRANSPORTATION AND SUPPLY CHAIN SERVICES (INDIA) PRIVATE LIMITED
Registered Office : Boomerang, Unit No 801, Wings A & B1, 8th Floor, Chandivali Farm Road, Near Chandivali Studio, Andheri (E), Mumbai – 400072. Tel: 022-61897777
Effective October 1, 2013, FedEx Express Services (India) Pvt. Ltd.(FES) has merged into FedEx Express Transportation and Supply Chain Services India Pvt. Ltd (FedEx India) pursuant to the order of the High Court of Bombay. Rights and liabilities under the conditions of carriage mentioned on the waybill of FES stand assigned to FETSCS

Important Notice These Conditions EXCLUDE LIABILITY on the part of FedEx Express Transportation and Supply Chain Services (India) Private Limited its employees or agents(hereinafter collectively referred to as “FedEx” for loss and damage in certain circumstances; LIMIT LIABILITY to stated amounts where liability is accepted and REQUIRE NOTICE OF CLAIMS within strict time limits. Customers should note these Conditions carefully and where necessary obtain insurance cover in order to protect their interests. FedEx is not a common carrier and accepts consignments from and within specified location within the territory of India for carriage upon that condition and the conditions set out below.

1. Representations & Warranties of the Customer

1.1 The customer represents and warrants that: (a) the customer is the owner or the authorized agent of the owner of the goods entrusted to FedEx 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 FedEx 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.
FedEx shall be under no obligation to enquire into the correctness or sufficiency of such information or documents.

1.2 By tendering the goods for carriage to FedEx, 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.

1.3 The customer agrees to pay the freight charges, service tax (as per the applicable service tax provision) and other surcharges payable on the consignment

2. Carriage

2.1 FedEx 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 FedEx may deliver to someone other than the person named in the Waybill or to a person who produces a copy of the Waybill.

2.2 FedEx 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.

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

2.4 FedEx reserves the right to refuse, hold, cancel, postpone or return any consignment at any time if such consignment would in the opinion of FedEx 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.FedEx shall not be obliged to verify and assess the contents of consignments and the fact that FedEx accepts a consignment does not mean that such consignment conforms to applicable laws and regulations or to the present these conditions. It shall be an obligation of the customer to ensure that consignment complies with all applicable laws and requirements of these conditions. FedEx does not accept any liability if the consignment is delivered in a sealed condition or if contents of package once opened differ from that as specified in the accompanying documents as long as the original packaging shows no evidence of tampering or there is no remark to the contrary recorded at the time of delivery, FedEx does not take responsibility for verifying or tallying the contents.

3. Waybill

3.1 FedEx 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 FedEx on behalf of the customer. The customer shall ensure that the Waybill provided by FedEx 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.

3.2 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.

3.3 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 FedEx except so far as they have been and are stated in the Waybill to have been checked by FedEx in the presence of the customer.

4. Duties & Taxes

4.1 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 FedEx. FedEx may, at its sole discretion, advance any duties and taxes payable in respect of any consignment against levy of a fee or charge therefore.

4.2 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.

5. Surcharges

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

6. Chargeable Weight

6.1 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.

6.2 Volumetric weight (Dimensional weight) of a consignment, in kilograms, is its gross cubic volume in cubic centimeters divided by 2700

6.3 FedEx 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.

7. Payment

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

7.2 FedEx 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 and FedEx will have no liability whatsoever.

7.3 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.

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

7.5 FedEx 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, FedEx may, at its sole discretion, decide to resume services to the customer.

8. Labeling & Packing

8.1 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. FedEx shall not be liable for non delivery on account of incomplete or erroneous address being furnished by the customer.

8.2 It is the customer's obligation to ensure that all consignments entrusted to FedEx for carriage are prepared and packed adequately to ensure safe carriage with normal care in handling whilst complying with the Legal Metrology Act 2009,Motor Vehicles Act 1988 and other applicable laws or their substituting legislation or amendments. Any article susceptible to damage as a result of any condition which may be encountered during handling or transportation by road must be adequately protected by the customer by proper packaging and FedEx shall not be liable for any damage or shortages occurring as a result of improper packing.

9. Inspection of Consignments

9.1 FedEx 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.

9.2 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 FedEx for damages as a result thereof.

9.3 FedEx 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.

10. Undelivered Or Unclaimed Consignments

10.1 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.

10.2 In case a consignment remains undeliverable or unclaimed, FedEx 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, FedEx 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. FedEx 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.

11. Liabilities not assumed

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

11.2 FedEx shall not be liable for damages sustained in the event of delay,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 FedEx; (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) FedEx’s failure to honour "package orientation" graphics (e.g., "UP" arrows, "THIS END UP" markings); (i) FedEx'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 FedEx 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) delays due of motor vehicle due to irregular traffic movements ; (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.

12. Declared Value & Limits of Liability

12.1 The liability of FedEx for any loss or damage to any consignment shall be the lowest of: (a) INR5,000/-, 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.

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

12.3 The maximum Declared Value for Carriage and invoice value is limited to INR100,00,000/- per consignment. Goods with a value (actual or declared) exceeding these amounts should not be sent using these services.

12.4 Any declaration of a value in excess of the maximums allowed by FedEx is null and void. FedEx’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.

12.5 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.

12.6 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 INR 5,000/-

13. Insurance

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

13.2 FedEx 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, FedEx shall be responsible only for the administrative facilitation and arrangement of the insurance policy.

13.3 The said insurance cover will be obtained subject to the following terms and conditions:
13.3.1 The customer shall pay Freight on Value to FedEx, which will include the applicable premium payable to the insurance company on the declared value and the service charges of FedEx;
13.3.2 The insurance shall not cover any indirect loss or damage, or loss or damages caused on account of any delays in delivery of consignments;
13.3.3 Any difference between the amount claimed by the customer and the amount paid by the insurance company shall be borne by the customer and FedEx will not be liable for payment of the said sum under any circumstances.
13.3.4 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 FedEx.

14. Customer’s Indemnities to FedEx

14.1 The Customer shall indemnify FedEx against all claims, demands, proceedings, fines, penalties, damage, costs and expenses suffered by FedEx or by any other person to whom FedEx is liable by reason of : 14.1.1 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; 141.2 insufficient or improper packaging, labelling or addressing of the goods; 14.1.3 all claims and demands whatever by whomsoever made in excess of the liability of FedEx under these Conditions; 14.1.4 all losses suffered by and claims made against FedEx arising out of the carriage by FedEx of items not acceptable for carriage, including Dangerous and Prohibited Goods, whether or not declared by the customer as such; 14.1.5 all claims made upon FedEx towards taxes, duties, penalties and interest.

15. No Warranties

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

16. Claims

16.1 Claims for Damage or Delay: All claims for damage or delay must be notified in writing to FedEx within twenty one (21) calendar days after delivery of the consignment, failing which no action for damages may be brought against FedEx. 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 FedEx considering any claim for damage, the consignee must make the contents, original cartons and packaging available for inspection by FedEx and must be retained until the claim is concluded. FedEx reserves the right to inspect the damaged consignment on the customer's premises and to retrieve it for inspection at a FedEx Branch. FedEx shall be entitled to require proof in respect of any claim that the goods were undamaged when transit commenced.

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

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

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

16.5 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 FedEx.

17. Restrictions

17.1 The Consignor is allowed to ship up to 999 packages on a single Waybill. 17.2 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 FedEx Branch for details. 17.3 Transit times vary for each service and depend on the origin-destination pair.

18. Items Not Accepted For Carriage

The following items will not be accepted for carriage:
18.1.1 – Items prohibited to be carried by any law, statute or regulation including but not limitedto Carriage by Road Act, 2007, Carriage by Road Rules, 2011, Motor Vehicles Act, 1988, CentralMotor Vehicles Rules, 1989, etc.; 18.1.2 – Items requiring Service Provider to obtain any special licence or permit for transportation; 18.1.3 – Consignment which is wet, leaking or emits an odour of any kind; 18.1.4 – Any items notified by Service Provider to be restricted, banned, dangerous or prohibited for carriage (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 silverore, bullion, precious metals and stones, jewellery, semi-precious stones including commercialcarbons or industrial diamonds, currency (paper or coin) of any nationality, securities (includingstocks 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, foodstuffs (excluding dry fruits), perishable food articles and substances requiring refrigeration or other environmental control, shipments to post office box addresses,etc.). Indian Postal Articles Philately Items Aerosol cans Alarm devices, Alcohol Anti-freeze,Asbestos Charcoal Chlorates Highly magnetic, polymerizable goods Cigarette lighters Fire extinguishers Passport Shock absorbers (gas or compressed air) Theatrical flares Zinc powderTurpentine, Pre-natal sex determination kits Activated SIM cards Paintings, Acetone, Acetylene(Liquid or Dissolved), Acids (Except Citric and Tartaric Ammonia ammonium Per Sulphate, Ammonium Nitrate, Ammunition (Except Safety Cartridges), Attack Benzine, Benzoline, Batteries charged, Calcium Carbide Camphide Camphore Oil, Carbon Bisulphide, Carbolic Acid (in steel Cylinder), Carbolic Acid Gas, Cartridges of all kinds (Except Safety Cartridges) Celloloid &Xsionite or other similar substances, Chlorate of Potash, Chlorate of Soda, Collodian Cordits,Dynamite Ether Eau Oxygen, Explosives of all kinds (including Percussion Caps, Film unlesspacked in Fireproof Metal Containers, Firework and Crackers, Photographic Fulmmating powder,Gases of any description (under Pressure), Gun Powder, Hydrogen Peroxide, Kerosene Matches,Luciter & Percussion all kinds, Meal Worms Methylated Spirit Naptha, Natrium Peroxide Nitrate of Soda, Nitro Glycerine, Nitro of Lime Calcium, Paraffin Peticium & its products (Excepting when used as fuel and contained in tank provided for the purpose), Phosphorus, Pyridine Pyrotechnics, (other than those required for the Navigation of A/C, Rocket Safety Dynamite, Fuses) with or without Detonators, Saltpetre, Spirites or wine, Varnish etc. containing Spirits Cellulose Nitrate Plates, Chloride of lime, compressed Air Bottles of Gases, Explosive Rivets Permanent Magnets, Mercury Oxide, Metallic Mercury radium and Radio Active Materials, Sulphur dioxide Bleaching Powder, any form of combustible material having a Flash point below 79ºF and any dangerous,obnoxious or hazardous goods mentioned in Rule 137 Table II and III of Central Motor Vehicles Rules, 1989.

Note:Any items notified by the Government as restricted or prohibited under any law shall be incorporated in the above list from time to time.

18.1.5 – The following foodstuffs are not accepted for carriage: I – Food stuffs not having original packaging of the manufacturer; II – Foodstuffs in liquid or semi-solid form, such as Bottled Water, Juices, Milk, Beverages, Spirits, Jams, Jelly, Sauces, Canned Food, etc. III – Foodstuffs vulnerable to changes in temperature and moisture, such as Salt, Butter, Cheese,Chocolates, Candies, fresh fruits (other than mangoes), vegetables IV – Foodstuffs requiring refrigeration, such as ice creams & frozen foods V – 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 VI – Foodstuffs that undergo a change in their volume, weight, size, shape or form VII – Foodstuffs packed in glass containers, such as coffee powder, pickles, etc.

18.2 – The Csutomer shall be solely liable for all costs and consequences arising out of carriage of the aforesaid items. Service Provider disclaims all liability for consignment containing the aforesaid items howsoever accepted (including acceptance by mistake or under notice)

19. Lien on Goods Consigned

FedEx 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. FedEx shall be entitled to detain any consignment until such dues are paid and, without prejudice to FedEx’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 otherwise 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 FedEx and any costs of retention, insurance and sale or disposal, FedEx shall be discharged of any liability whatsoever in respect of the consignment.

20. Jurisdiction of Courts

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

21. Non-Waiver

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