1. Definitions
- Avaan India Excess : The package transfer service for delivery of package either by Surface
or Air mode of transport
- Delivery - means sender of shipment to the Parties or intimation about the arrival of
shipment at the destination
- Parties - mean and include Shipper, Receiver or their authorized representatives
- NCV – means No Commercial Value as declared by the shipper
- Freight – means the basic freight only and shall exclude the other components eg. HRR,
Taxes, other charges etc.
- Instrument – means and include cheque, Demand Draft and Pay Order
2. The docket is a contract between AVAAN and Parties
3. Declaration
- The shipments entrusted by the Parties to AVAAN is strictly booked on “SAID TO CONTAIN
BASIS”. Wherein AVAAN has no obligation to open and check the nature etc. Of the Shipment,
however AVAAN has a right to open and check a shipment as per its sole discretion.
- The docket is issued strictly on the basis of declaration given by the Parties, AVAAN shall
not be responsible for any incomplete/inaccurate/wrongful information etc. and any liability
arising out of this, shall be sole responsibility of the Party, providing such information.
- The Parties hereby declare that the shipment covered under the docket does not include any
contraband, hazardous, inflammable or prohibited articles as defined in various statues &
IATA regulations.
- In the event of any discrepancy found by AVAAN in the weight declared by shipper and the
actual weight of that shipment, the differential charges shall be collected from the
Parties.
- So also in the event of rate mentioned on docket is found to be less than the agreed rates
/ contracted rates, the differential rate shall be collected from the Parties.
4. Documentation
- Proper and complete documentation by the Parties is compulsorily required along with
accurate details of Shipper / Receiver’s name, address, telephone numbers, email id’s, and
forms permits, way bills, invoices, STN(Stock Transfer Note) etc as per statutory
requirements.
- AVAAN shall not be held responsible / liable incase of any deficiency in the documents and
no claim or grievance of any nature shall be entertained if the same is arising out of the
reasons mentioned herein below[clause 5(a)].
- Parties hereby undertake to make good the loss to AVAAN incase their shipment(s) cause
damage to other shipment(s) loaded in the vehicle due to inherent nature and which is
wrongly declared by the Parties OR incase of seizure by any Government authority to
incomplete documentation as a result other shipment(s) also get delayed resulting in a loss
to AVAAN.
- AVAAN shall not be liable for any kind of damages to the goods caused due to improper and
defective packing of goods.
- Avaan do not ship any fragile items requested to get in touch with our customer support
team for further details.
5. Liabilities
- The liability of AVAAN if any in delay in delivery of shipment (subject to exceptions
available)shall be to the extent of 50 percentage of “Freight Only”.
- The liability of AVAAN for the bookings of the shipments lost is restricted through this
docket to be Rs 400/-(Rupees four hundred only) per Kg subject to a maximum of Rs 3,000/-
(Rupees Three Thousand Only) or costs of reconstruction whichever is lower. For the Purpose
of clarity the liability of AVAAN under this Docket howsoever arising is limited to INR
3000.
- AVAAN shall not be responsible for any consequential losses / damages /claims etc. of
whatever nature.
- When the value of the shipment is declared by the Parties as NCV (No Commercial Value), the
liability of the AVAAN shall be restricted to Rs 100/- (Rupees One Hundred) only.
- AVAAN assumes no responsibility and or liability incase material is outwardly intact at the
time of effecting delivery. Lodging a claim for damage, shortage, breakage, leakage,
pilferage etc. after taking delivery shall not be entertained in any circumstances
whatsoever However Parties may insist for open delivery incase shipment is outwardly in
damaged condition, to assess the loss, if any by following the policy and procedure as
defined by AVAAN.
- AVAAN shall not entertain any instruments unless specially instructed by shipper.
6. Freight Refund
- The refund of freight maybe entertained subject to Force Majeure such as strikes, bandhs,
Elections, rains, floods, accidents, festivals, other natural calamities including but not
limited to earthquake, Tsunami. Lockdowns, Pandemics and any other events beyond the control
of AVAAN including the routine and/or sudden inspections carried out by the Authorities of
the concerned department such as ‘’GST’’, Customs, Gold Control, NDPS, Municipal, RTA, and
any other authorities competent to inspect the goofs alone with vehicle which is beyond
control of AVAAN.
- Cancellation Policy as below
10% Charges before pickup
30% Charges at the time of
pick up
No Cancellation after pick up
7. Payments
- If the Parties don't take delivery of the shipment due to any reason whatsoever AVAAN shall
raise bill to the Parties towards the transportation and other charges in terms to this
docket and the Parties shall be liable to pay all the dues payable to AVAAN at the original
booking station or any other station.
- In the event of non acceptance of goods by the Consignee, on written consent and advance
receipt of payment of, the goods will be re booked by from destination to the original
booking station.
8. Statutory Payments
- The Parties are solely responsible for all payments if any, levied by the government or any
statutory body etc., such as ‘GST’ or any other tax levied from time to time.
- In the event of any shipment being held up by any statutory authority such as but not
limited to ‘GST’/Customs Official, etc. AVAAN shall not be responsible for any kind
consequential loss/freight refund. Further Parties have agreed to make good the loss to M/s
AVAAN, in any case of any claims lodged on M/s.AVAAN by statutory authorities due to
insufficient documents or wrongful declaration by the Parties/Shipper.
9. LIEN
- AVAAN shall have a right to general lien over all the shipments of the Parties towards any
dues payable to AVAAN.
10. CLAIMS
- No claim shall be entertained by AVAAN for any loss, shortage, damage, non-delivery,
breakage, leakage, pilferage etc. for the shipment unless a written claim is lodged within
48 hours from the date of delivery subject to written remarks on the Proof of Delivery
(POD).
- The Parties shall not be entitled to deduct/adjust/set off any amount of claims including
for loss of Input Tax Credit, GST invoice copy and delivery challan etc. However, M/s AVAAN
will extend cooperation if necessary enabling the shipper to contain the duplicate copy and
settle their claims independently of payments to be made to AVAAN.
- AVAAN shall not entertain any claims arising out of decay/ deterioration of material due to
delay in delivery of consignment for any reason.
11. Demurrage
- In case, party fails to take delivery of the shipment within 72 hours from the date of
tendering the shipment for delivery, a Demurrage/warehouse charges of 0.1% of the invoice
value or Rs 0.25 paise per kg per day or Rs 125/- per day whichever is higher will be
charged or such rates may be fixed by AVAAN from time to time.
12. GST
- GST will be charged on the total amount of the freight including all other changes as per
rules applicable. ‘’GST’’ is payable as per the applicable rules being forced from time to
time by the Authority concerned.
13. Arbitration
- In case any dispute or difference shall arise between the Parties and Avaan during the term
of this Agreement or
after its termination or earlier termination as its meaning and construction or to any other
matter on
things arising directly or indirectly under this agreement in such an event the same shall
be referred
to a sole arbritrator to be appointed by the Parties mutually from list of arbritrators
provieded by Avaan vide , fast track procedure governed under the provisions of
Arbitration & Conciliation Act 1996 and Arbitration & Conciliation(Amendment) Act 2015 or
any statutory
amendments thereof. The seat / venue of such arbitration shall be Hyderabad in the state of
Telangana and shall be conducted in English Language. The award of the arbritrator shall be
final and
binding on the Parties. The cost of the arbitral proceedings and enforcement award / interim
relief shall
be borne by the customer.
14. Extra Service Station (ESS)
- Extra Service Locations(ESS)are those far off factors where AVAAN has to arrange special
vehicles for delivery.
The charges for these shall be in addition to the Freight Charges. The transit Time for
these locations shall be in addition to the Transit Schedule/Assured Date of Delivery
notified by AVAAN from time to time.
15. SPECIAL ATTENTION TO THE Parties
- Besides the clauses stipulated herein, the rest of the terms and conditions of the docket
shall be available
on the web portal of www.avaanindia.com having
free access to all concerned and binding.
Notwithstanding the access to the web portal of the company by all concerned, the terms and
conditions as
mentioned therein shall by the Parties.