- 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
- 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.
- 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.
- 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
- 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.
- AVAAN shall have a right to general lien over all the shipments of the Parties towards any dues payable to AVAAN.
- 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.
- 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.
- 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.
- 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.avaanexcess.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.