Terms & Condition of services

1. DEFINITION:

i. ‘Customer’ - wherever the context so requires herein, shall be the person (Consignor / Consignee) who is responsible to pay the freight charges to MasterMove as per the Rate Contract.

ii. Rate Contract - is the quotation given by MasterMove to the Customer detailing the rates and the terms of payment for the transportation communicated by email for any other communication and accepted by the Customer by email or any other form communication.

2. These terms and conditions stated herein shall be binding on the Customer.

3. By the Consignor(s) handing over its Shipment to MasterMove for transportation to the Consignee and the Customer receiving a copy of the Consignment Note (Hard Copy or scanned copy by email), the Customer shall be deemed to have accepted these terms and conditions expressly or impliedly by engaging Mastermove to transport the Consignment on behalf of the Customer. The Contract shall come into existence when MasterMove accepts the Shipment. A variation of these Conditions may only be agreed in writing by MasterMove’s authorised officers. MasterMove shall not be bound by oral or written instructions given by the Customer that conflict with these Conditions.

4. Customer agrees that MasterMove may subcontract the whole or any part of the Transportation Contract for consignment/shipment delivery and the terms and conditions stated herein shall be enforceable either by the MasterMove or its sub contractor.

5. CUSTOMER OBLIGATIONS AND UNDERTAKINGS:

a. The consignment(s) entrusted by the Customer to MasterMove  under the Consignment Note are strictly on a “SAID TO CONTAIN BASIS” i.e. MasterMove shall be under no obligation and is not expected to verify the description and contents of the products/goods declared by the Customer on the consignment note and as such and the Customer undertakes and ensures to have made proper, true, fair, correct and factual declaration on the consignment note regarding description and value of the products/goods. In case of any discrepancy or misstatement with respects to the aforesaid declaration; the Customer shall take sole and full responsibility and shall also pay any fine/penalty that may be levied on MasterMove.

b. The consignment note is issued strictly on the basis of the declaration, information and details given by the Customer to MasterMove and as such MasterMove shall not be responsible for any incomplete inaccurate/wrongful declaration.

c. The Customer guarantees that the consignment contains none of the following commodities:

i. Currency, liquid and semi liquid, pornography, bullion, drugs and narcotics (illegal), firearms, parts thereof and ammunitions, precious and semi-precious good/products/items, radioactive material commodities prohibited by law at any given time.

ii. Any products/goods/items whose carriage is prohibited by any law, statute or regulations applicable at the place of origin or destination or any location through which the consignment may transit.

iii. Valuable goods such as precious stones, precious metals, jewelry, money, negotiable instruments, unprotected furniture, glass or china, objects of art, antiques, important documents that include passports, tenders, share and option certificates etc. are not suitable to be sent through MasterMove’s network delivery system. Any such goods sent through MasterMove’s network delivery system shall be at Customer’s own risk.

6. THE CUSTOMER ADDITIONALLY UNDERTAKES AND GUARANTEES THAT:

i. The consignment contains none of the banned commodities/ goods / items /products which would be likely to cause damage, or delay to equipment, personnel or other consignment(s).

ii. The consignment contains none of the banned commodities/ goods/ products/ items which may require MasterMove to obtain a license for its transportation /carriage.

iii. The chargeable weight will be calculated as the maximum of actual weight or volumetric weight. . In the event of any discrepancy found by MasterMove in the weight declared by the customer, and the actual weight of the consignment, the differential charges shall be paid by the Customer to MasterMove.

iv. Customer shall comply with all statutory and legal requirements which are relevant for the proper performance by MasterMove of the Services. Customer indemnifies and holds MasterMove harmless from and against any liabilities, costs, damages or expenses, including legal costs and attorneys’ fees, MasterMove may incur arising out of breach by the Customer of any of its obligations stipulated herein, notwithstanding MasterMove inadvertently accepting the Shipment.

v. The consignment shall not violate any applicable Statutes, Rules, Regulations, Directions, Circulars as may be issued from time to time by the Government or any other Statutory Authority vested with such rights.

7. DOCUMENTATION:

a. Proper and complete documentation by the Customer is mandatory along with accurate details of the Consignor and Consignee’s/receiver’s name, addresses, telephone no, email ids, and forms, permits, GSTE way bills, invoices. STN (Stock Transfer Note) etc as per the statutory requirements.

a. MasterMove shall not be responsible/liable in case of any deficiency in the documents/statutory requirements and no claim or grievance of any nature shall be entertained by MasterMove for such breach.

8. PACKAGING:

Customer shall ensure that the packaging of the products/goods is safe, proper and adequate to withstand the normal transportation and environmental hazards and in compliance with the applicable laws. Master Move shall not be liable or responsible for any loss or damages arising to the Customer if the Customer is not in strict compliance with this clause.

9. DELIVERY:

a. If MasterMove is unable to deliver a Shipment because of an incorrect address MasterMove will make all reasonable efforts to find the correct address. MasterMove will notify Customer hereof of the same and additional charges may apply to Customer.

b. If MasterMove is unable to complete the delivery of a Shipment at the first attempt, a second attempt will be made. If delivery has not been made after a second attempt by MasterMove, or the receiver refuses to accept delivery, MasterMove will use reasonable endeavours to contact the Customer to decide on the appropriate next action. Customer agrees to pay MasterMove any costs MasterMove incurs in storing, forwarding, disposing of or returning the Shipment including MasterMove’s charges (if any) for making a third or more delivery attempt and for the agreed appropriate next action. If MasterMove does not receive Customer’s or receiver’s instructions within a reasonable period after its second attempt to deliver the Shipment, then MasterMove may return, destroy or sell the content of the Shipment without any further liability to and at the cost of the Customer.

10.STATUTORY PAYMENTS:

a. The Customer is solely responsible for payments of all government or any statutory taxes, levies and charges including  entry tax and GST (Goods and Services Tax),which may be  levied from time to time.

b. If any consignment is held up by any Statutory Authority including  but not limited to Tax Authorities levying GST and/or excise, customs check post officials , entry/tax/octroi/service tax officials etc, Master move will not be responsible for any consequential loss, freight refund etc. Moreover, the Customer shall make good the loss to MasterMove in case  any claims are lodged on MasterMove by Statutory Authorities or any other person for any reason whatsoever, in connection with the transportation of the goods by MasterMove for the Customer under the consignment Note (which transportation is hereinafter referred to as the `Said Transportation’ and which goods are hereinafter referred to as the `Said goods’).

11. INSURANCE:

Customer must take insurance for all the Said Goods covered under the Said Transportation, against all risks such as fire, floods, riots, accidents etc. In case of any loss/damage to the Said Goods during the Said Transportation,  MasterMove shall issue a certificate of fact to the Customer for filing a claim with the insurance company.  On express instruction of the Customer / Consignee MasterMove shall take an insurance for the consignment on behalf of and in the name of the Customer / Consignee at the Customer’s sole risk and cost.

12. SPECIAL HANDLING GOODS:

It is hereby agreed that,  if the consignment is of a special nature such as ,medicine, vaccine, photo film etc, the same should be informed to MasterMove in advance, in writing and any special instructions for preservation maintenance etc, should also be informed to MasterMove in advance, in writing. MasterMove will not be liable if the consignment is lost/damaged/delayed/deteriorated due to the external intervention by any governmental or statutory authority or due to any policy of the government or due to any defect, infirmity, ordinary decay or deterioration of the consignment in course of transit for any reason beyond the control of MasterMove.

13. PAYMENTS:

a. The payments mentioned in the Consignment Note shall be billed by MasterMove to the Customer as per the Rate Contract provided to and accepted, expressly or impliedly by the Customer and all the payments to MasterMove shall be made accordingly by online transfer (RTGS/NEFT), cheque or cash by the Customer without any delay. In case of delay by the Customer in making the payment within the due date from the date of submission of invoice by MasterMove, a simple interest of 24% per annum shall be payable by the Customer to MasterMove from the due date till the date of actual payment.

b. If the consignee/receiver does not take delivery of the consignment due to any reason whatsoever, MasterMove shall raise bill(s) to the Customer towards the transportation and other charges in accordance with these terms and conditions and the Customer shall be liable to pay all the dues payable to MasterMove.

c. The Customer shall at all times be liable for making the payment to MasterMove, if the consignee and /or any other party fails to make the payment as agreed along with the additional freight and service charges as applicable in the case of return to origin (RTO).

d. No deduction from the invoice of MasterMove will be allowed on account of any reason, including non-submission of POD’S (Proof of Delivery), delayed claim settlement etc.

14. CLAIMS PROCEDURE:

a. MasterMove will only accept the submission of a claim for a lost, damaged or delayed Shipment, or for any other damages arising out of any wrongful act or omission of MasterMove, if Customer complies with the following procedure.

b. Customer will notify MasterMove in writing about the loss, damage or delay within 5 days after delivery of the Shipment.

c. Customer must document its claim by sending MasterMove all relevant information about the Shipment and/or the loss, damage or delay.

d. MasterMove 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 MasterMove’s charges.

e. In order for MasterMove to consider a claim, the contents of the Shipment and the original packaging must be made available to MasterMove for inspection.

f. MasterMove may assume the shipment was delivered in good condition unless the receiver has noted any damage on MasterMove’s delivery record when the Shipment was accepted.

g. In case of acceptance by MasterMove of part or all of Customer’s claim, Customer warrants to MasterMove 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.

15. LIEN:

Customer acknowledges and agrees that MasterMove has a general lien, in addition to any other right or remedy available to it, on the Shipments of the Said Goods in MasterMove’s possession and that MasterMove has the right to sell the contents of the Shipments and retain the proceeds of sale in settlement of any amount that Customer may owe MasterMove.

16. LIMITATION OF LIABILITY:

a. Notwithstanding anything contained in these terms and conditions, the aggregate liability of MasterMove, in any case whatsoever, shall not exceed Rs 5000/-(Rupees five thousand only) or the freight amount charged under the Consignment Note, whichever is lower.

b. MasterMove shall not be liable under any circumstances for any punitive, special, incidental, indirect or consequential damages of any kind, whatsoever based on contract, tort, negligence, strict liability or otherwise, in connection with these terms and conditions.

17. UNCLAIMED GOODS or Return to Customer:

If the consignment is not accepted by the consignee/receiver when tendered for delivery for any reason, MasterMove shall be entitled in the event of non-payment of its dues, for the transportation, to proceed with sale of the  consignment to realize all its dues after issuing due notices to the Customer as to whether the said unclaimed goods should be returned to the Customer or sold.  In the event the Customer requests for the Said Goods or any unclaimed goods carried by MasterMove under the Said Transportation to be returned to the Customer, the Customer shall pay in advance the additional freight and service charges informed to the Customer by MasterMove.

18. DEMURRAGE:

In case the consignee does not take delivery of the consignment at the time of delivery of the consignment, demurrage charges as per MasterMove’s existing policy will be charged to the Customer.

19. GST:

The Customer shall be liable to  pay GST or any other taxes, charges, levies or service charges as applicable on the transportation charges under the consignment note.

20. FORCE MAJEURE:

Neither party will be liable for performance delays nor for non performance due to causes beyond its reasonable control including strikes, lock-out, flood,  hurricanes, restrictions on traffic movements imposed by local/public authority, acts of local, state governmental action prohibiting or impending any party from performing its respective obligations under these terms and conditions etc. However, the Customer will continue to remain liable for its payment obligation to MasterMove for the services mentioned under these terms and conditions, already performed

21. INDEMNITY:

The Customer shall keep MasterMove and its  employees, , agents, representatives and contractors (herein referred to as “indemnified Parties”) harmless from and  indemnified against any and all losses, including but not limited to

a. Actual or contingent damage, loss, (personal) injury (including death), expense, cost, fine, charges (including freight and other related charges), penalty, claim, including reasonable attorney fees and litigation costs.

b. Charges and expenses incurred by MasterMove due to any banned, restricted, dangerous or hazardous/goods/products/items entering the network of MasterMove and its associated service provider  because of any omission or commission by the customer or any of its authorized representatives.

c. Any loss, damage, costs, legal costs, expenses arising out of any action or proceedings initiated by any authority (judicial or regulatory or the like) including but not limited to the government authorities, arising out of any act or omissions or mis-declaration or mis-description, improper/incomplete documentation or non-performance of any obligation set out herein, by the Customer or by its authorized representative under its authority (herein referred to as “Losses”), suffered or incurred by or brought against Indemnified Parties or any third party, resulting from or connected with violation of any term of these terms and conditions and/or any applicable law or regulation by the Customer except to the extent that such damage, loss, (personal) injury, expense, cost, fine, penalty or claim is caused due to the willful misconduct of or gross negligence by MasterMove.

22. ENTIRE AGREEMENT AND SEVERABILITY:

a. All terms and conditions applicable between MasterMove and Customer are contained herein read with the Rate Contract. If Customer wishes to rely on any variations to these Conditions, it must ensure that that is recorded in writing and signed by both MasterMove and Customer before the Shipment is accepted by MasterMove for performance of Services.

b. 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

23. APPLICABLE LAWS:

The Customer and MasterMove hereby agree that these terms and conditions shall be governed by and interpreted in accordance with the laws of India.

24JURISDICTION:

The Customer and MasterMove agree that in the event of any dispute between them in connection with this agreement or relating to the Said Transportation or the Said Goods, the courts in the Chennai alone shall have sole jurisdiction, to the exclusion of all other courts that may otherwise have had such jurisdiction.