Active Freight Logistics Private Limited

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Terms & Conditions

STANDARD TRADING CONDITION

GENERAL TERMS & CONDITIONS :

The terms & conditions laid down below apply to all the direct Shippers & Consignee’s availing freight forwarding & Customs Clearance services of Active Freight Logistics Pvt. Ltd. – India.

 

  • As per IATA guidelines it is the sole responsibility of the Shipper / Consignee ( Exporter / Importer ) for declaration of goods and Active Freight Logistics Pvt. Ltd. – India  assists the Shipper / Consignee ( Exporter / Importer ) in forwarding and/or undertake customs clearance activity.
  • It is the responsibility of the Shipper / Consignee ( Exporter / Importer )  to provide to Active Freight Logistics Pvt. Ltd. – India all KYC documents and the authority letter to carry out the forwarding and/or clearance of Shipper / Consignee ( Exporter / Importer ) goods.
  • The Shipper / Consignee ( Exporter / Importer ) agrees to pay to Active Freight Logistics Pvt. Ltd. – India the invoice amount including GST within approved credit days from the date of the shipment or invoice date whichever is earlier in case of export shipments and within 5 days in case imports shipments. The custom duty charges and other clearance charges shall be payable in advance in both import and export as may be applicable.
  • Credit limits shall be subject to Force majeure
  • The Shipper / Consignee ( Exporter / Importer ) agrees to sign Cash-and-Carry agreement with Active Freight Logistics Pvt. Ltd. – India if his shipment is accepted by Active Freight Logistics Pvt. Ltd. – India under this mode and make payment in advance, prior to tendering the shipment for execution, by means of Bank Draft or RTGS only after confirming freight and other charges from Active Freight Logistics Pvt. Ltd. – India.
  • The Shipper / Consignee ( Exporter / Importer ) doesn’t have any right to challenge the invoice of Active Freight Logistics Pvt. Ltd. – India if the same is not contested in writing, within three days of the receipt of the invoice. Active Freight Logistics Pvt. Ltd. – India charges are calculated in accordance with the rate applicable to Shipper / Consignee ( Exporter / Importer ) shipment as agreed and set out in the invoice. Active Freight Logistics Pvt. Ltd. – India may check the gross weight and volume weight of the number of pieces given by the Shipper / Consignee ( Exporter / Importer ) and if there is any discrepancy between Shipper / Consignee ( Exporter / Importer ) declared chargeable weight, the Shipper / Consignee ( Exporter / Importer ) agrees that Active Freight Logistics Pvt. Ltd. – India chargeable weight may be used for the purpose of calculation. It is also agreed by the Shipper / Consignee ( Exporter / Importer ) that all duties and taxes on goods or services and all other charges levied on the shipment at the destination shall be payable to Active Freight Logistics Pvt. Ltd. – India by the consignee or his agent. It is agreed that if receiver refuses to pay at destination, the shipper shall make the full payment to Active Freight Logistics Pvt. Ltd. – India within seven days and Active Freight Logistics Pvt. Ltd. – India notifying the shipper.
  • Active Freight Logistics Pvt. Ltd. – India reserves the right to charge interest on all outstanding invoice at the rate of 3% per month, notwithstanding anything to the contrary in any agreement with the Shipper / Consignee ( Exporter / Importer ).
  • The Shipper / Consignee ( Exporter / Importer ) warrants that the contents of the shipment (including but not limited to weight and numbers of items) have been properly described on the Shipper / Consignee ( Exporter / Importer ) letter of Instructions and the S/CLI is complete in all respects and the documents required for the shipment including invoice, e-awb, permits etc. are enclosed with the S/CLI.
  • The Shipper / Consignee ( Exporter / Importer ) shall ensure that the contents of the consignment and the consignee’s full address with postal code and telephone numbers have been accurately and legibly completed on an address label securely fixed at a prominent position to the outer surface of the shipment. It shall also be ensured by the Shipper / Consignee ( Exporter / Importer ) that the contents have been packed safely and carefully to protect them against the ordinary risks of transport or in the performance by Active Freight Logistics Pvt. Ltd. – India of other services including any associated sortation and/or handling process.
  • The Shipper / Consignee ( Exporter / Importer ) shall ensure that the consignment has been prepared in secure premises, by reliable staff employed by his reliable staff, and the consignment has been protected against unauthorized interference during preparation, storage and transportation immediately prior to hand over to us.
  • The Shipper / Consignee ( Exporter / Importer ) shall ensure that the contents of the consignment are not prohibited items and/or not restricted by the applicable regulations and that the shipper shall supply to Active Freight Logistics Pvt. Ltd. – India any dangerous goods declaration that is needed, properly and accurately in accordance with all applicable laws, rules and regulation and neither shipper nor the consignee is the person or organization with whom Active Freight Logistics Pvt. Ltd. – India or shipper may not legally trade under any applicable laws or regulations.
  • That all statement and information and documents provided by the Shipper / Consignee ( Exporter / Importer ) relating to the consignment are true and correct and Shipper / Consignee ( Exporter / Importer ) acknowledges that in the event that the Shipper / Consignee ( Exporter / Importer ) makes untrue or fraudulent statement about the consignment or any of its content, the Shipper / Consignee ( Exporter / Importer ) would risk a civil claim and/or criminal prosecution the penalties for which may include forfeiture and sale.
  • The Shipper / Consignee ( Exporter / Importer ) agrees to indemnify and hold Active Freight Logistics Pvt. Ltd. – India harmless from any claims that may be brought against Active Freight Logistics Pvt. Ltd. – India or its agent arising from the information provided by the Shipper / Consignee ( Exporter / Importer ) or omission from providing the information.
  • The Shipper / Consignee ( Exporter / Importer ) shall make complete payment to Active Freight Logistics Pvt. Ltd. – India as agreed irrespective of the non-delivery of the consignment due to non-payment of the Shipper / Consignee ( Exporter / Importer ) or his consignee of the applicable duty/levy.
  • The Shipper / Consignee ( Exporter / Importer ) and the consignee shall be jointly and severally liable for the payment of all duties, taxes and charges including stamp duties as applicable on the carriage and other services as well as on all documents including the consignment.
  • That the shipper will not hold Active Freight Logistics Pvt. Ltd. – India responsible for any demurrage or relocation charges if shipment is held up due any unforeseen reasons at origin, transit or destination and the shipper shall be liable to pay for the freight as well as any other charges involved.
  • Cargo must be insured by the Shipper/Consignee ( Exporter / Importer ). Active Freight Logistics Pvt. Ltd. – India will not be responsible for any loss/damage due mishandling. However Active Freight Logistics Pvt. Ltd. – India shall support by providing the required documents for initiating insurance claim by the Shipper/Consignee. For airport to airport shipments, the conditions of carriage shall be applicable and claim shall be restricted as per the Warsaw convention and as per terms and conditions mentioned on the Airway Bill & Bill of Lading.
  • Active Freight Logistics Pvt. Ltd. – India assumes no liability on account of damage and reserves right to receive freight payment for the services rendered including the shipment in which delay, loss or damage may occur.
  • Shipper / Consignee ( Exporter / Importer ) will not hold Active Freight Logistics Pvt. Ltd. – India responsible for any demurrage or relocation charges if shipment is held up due any unforeseen reasons beyond Active Freight Logistics Pvt. Ltd. – India control at origin, transit or destination and Shipper / Consignee ( Exporter / Importer ) shall be liable to pay for the freight as well as any other charges involved.
  • It is also agreed that in case of any violation of rules/procedure/regulations, Shipper / Consignee ( Exporter / Importer ) shall be responsible all the consequences related to such consignments or for any default or any other violation pertaining to customs /Government/any other statutory authorities’ procedures, rules and regulations including legal issues that may arise at the time of shipment or in future, contents of boxes, compliance of customs laws and guidelines and rules framed there-under pertaining to shipments and all relevant documentations that may be required.
  • The courts at Bangalore  – India shall have sole and exclusive jurisdiction for purposes of any dispute between Active Freight Logistics Pvt. Ltd. – India and the Shipper / Consignee ( Exporter / Importer ). Any dispute arising between Active Freight Logistics Pvt. Ltd. – India and Shipper / Consignee ( Exporter / Importer ) will be subject to jurisdiction of Courts in Bangalore – India only and not anywhere else in spite of the cause of action lying outside Bangalore – India.

Exclusions:

Active Freight Logistics Pvt. Ltd. – India will not be liable for any loss of income, loss of profits, loss of markets, loss of reputation, loss of opportunity even if Active Freight Logistics Pvt. Ltd. – India had acknowledged that such damages or loss might arise or for any indirect, incidental, special, or consequential damages or loss howsoever arising including without limitation breach of contract, negligence, wilful act of default

Active Freight Logistics Pvt. Ltd. – India is not liable if it does not fulfil any obligations towards Shipper / Consignee ( Exporter / Importer )  at all as a result of circumstances beyond its control such as (but not limited to):

 

  • Acts of god including earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost or other natural calamities or disaster.
  • Force majeure including but not limited to (war, accidents, acts of public enemies, strikes, embargoes, perils of air, local disputes or civil commotions, National or local disruptions in air or ground, transportation networks and mechanical problems to modes of transport or machinery.
  • Latent defects or inherent vice in the contents of the shipment.
  • Criminal acts of the third parties such as theft and arson.
  • Customs clearance stoppage of work or systems delay and failure.
  • By Shipper / Consignee ( Exporter / Importer ) acts or omissions or those of third party:
  • Shipper / Consignee ( Exporter / Importer ) being in breach of (or any other party claiming an interest in the shipment causing Shipper / Consignee ( Exporter / Importer ) to breach) Shipper / Consignee ( Exporter / Importer )  obligations under these terms and conditions and in particular those warranties set out in conditions above
  • An act or omission of any customs, airline, airport or government official.
  • The contents of the shipment consisting of any article that is a prohibited item or any other discrepancy of any nature whatsoever pertaining to shipment even though Active Freight Logistics Pvt. Ltd. – India may have accepted the shipment by mistake.
  • Global disruptions caused due any pandemic like Covid-19 or local epidemic of India.
  • The above terms & conditions are binding on all the Shipper / Consignee ( Exporter / Importer ) with whom Active Freight Logistics Pvt. Ltd. – India goes into business irrespective of any formal agreement with the concerned Shipper / Consignee ( Exporter / Importer ).
  • The Shipper / Consignee ( Exporter / Importer ) are duty bound to read these Terms & Conditions on Active Freight Logistics Pvt. Ltd. – India site and is applicable on Pan India basis to all the branches of the Shipper / Consignee ( Exporter / Importer ).

This Website “www.activefreightlogistics.com” owned and operated by Active Freight Logistics Pvt. Ltd. – India (herein after referred to as “Active Freight Logistics Pvt. Ltd.”/ “Company”). “Active Freight Logistics Pvt. Ltd.” is a company registered under the laws of the Indian Companies Act and is in operation since 2014.

 

PLEASE READ THE STATEMENT CAREFULLY. IF YOU [CUSTOMER] DO NOT WISH TO BE BOUND BY THE TERMS AND CONDITIONS MENTIONED HEREIN, KINDLY REFRAIN FROM ACCESSING THE WEB SITE OR BOOKING OF ANY CONSIGNMENT. ANY BOOKING OF SERVICE DONE / MADE ON THIS SITE OR BY EMAIL SHALL BE DEEMED TO BE AN ACCEPTANCE OF THIS POLICY.

This agreement was written in English (India). To the extent any translated version of this agreement conflicts with the English version, the English version controls.

Acceptable Payment Methods

  1. By booking with , you authorize “Active Freight Logistics Pvt. Ltd. – INDIA ” and its agents to transact with your bank or other payment gateways on your behalf to obtain the necessary information required to process payment, confirm payment, resolve inquiries and billing disputes, and/or as otherwise required to manage the booking.
  2. We accept the following payment methods:
    (i) Credit Cards with MasterCard or Visa branding.
    (ii) International Debit Cards with Visa or MasterCard branding which your issuer allows you to use to make purchases online;
    (iii) Net Banking Payment; and
    (iv) Indian Bank Debit Cards issued by an Indian bank. You will not be asked to provide your online banking customer name or password to “Active Freight Logistics Pvt. Ltd.” (“Account Access Data”). “Active Freight Logistics Pvt. Ltd.” does not want any information regarding your Account Access Data and you agree not to provide us with your Account Access Data. In case of any loss and/or damage to the user, due to use/misuse of the information of the user, without any gross omission of “Active Freight Logistics Pvt. Ltd.”/ “Company”, “Active Freight Logistics Pvt. Ltd.” in that eventuality, will not be liable in any manner whatsoever.
  3. Not all payment methods are available to use for all products, items and services.

Cancellations and Modifications

  1. The Cancellation Policy is dynamic and may change from time to time.
  2. The Cancellation policy of “Active Freight Logistics Pvt. Ltd.” may change in the interim period of booking and date of expiry of subscription of services.
  3. The Cancellation Policy prevailing at the time of booking of service by the Customer will be the applicable policy.
  4. “Active Freight Logistics Pvt. Ltd.” offers free cancellation for all bookings only if the consignments haven’t been physically reached any of our PUD centres or HUB. This means that  “Active Freight Logistics Pvt. Ltd.”  don’t levy any cancellation fees of its own.
  5. In case the service is availed by the customer than any request for cancellation of fees on account of any service deficiency would be subject to approval by appropriate authorities in “Active Freight Logistics Pvt. Ltd.”
  6. Any delay / loss / damage to the shipment because of force majeure wouldn’t be eligible for any refund.
  7. Only those cancellation requests which are made either online or on email to our customer support team shall be entertained.
  8. “Active Freight Logistics Pvt. Ltd.” may accept amendments to the booking at its sole discretion.
  9. All the refunds shall be done by “Active Freight Logistics Pvt. Ltd.” directly to you.
  10. Your bank may debit its own separate charges from refunds made to your credit card or bank account.

Refunds

  1. Refunded amounts are generally returned within 7 business days however, the length of time required for the funds to be credited to your account is determined by your financial institution. Please check with your financial institution on their specific rules regarding returned or refunded transactions.
  2. “Active Freight Logistics Pvt. Ltd.” has no obligation to issue refunds if you cannot provide us with full and accurate information required to complete the refund or credit; or the refund request has already been processed through our payment gateway but has not yet applied to the originating source of the payment; or the refund request directs “Active Freight Logistics Pvt. Ltd.” to issue the refund to a different financial institution than the source where the original payment was received; or “Active Freight Logistics Pvt. Ltd.” did not receive the payment for which the refund request is made due to force majeure or other causes beyond our direct control.
  3. Refunds requiring special handling may result in a delayed return of the funds.
  4. In the event a refund cannot be handled within standard refund protocols or to process a refund after 90 days, you may be asked to supply additional information and to provide documentation of the original charge.
  5. Information disclosed to “Active Freight Logistics Pvt. Ltd.” for the purposes of processing a customer refund will be protected in accordance with our current Privacy Policy.

 

Payment Refund Policy for Online Payments

Refund for Charge Back Transaction: In the event there is any claim for/ of charge back by the Customer for any reason whatsoever, such Customer shall immediately approach “Active Freight Logistics Pvt. Ltd.” with his/ her claim details and claim refund from “Active Freight Logistics Pvt. Ltd.” alone. Such refund (if any) shall be affected only by “Active Freight Logistics Pvt. Ltd.” via payment gateway or any other means as “Active Freight Logistics Pvt. Ltd.” deems appropriate. No claims for refund/ charge back shall be made by any Customer to the Payment Service Provider(s) and in the event such claim is made it shall not be entertained.

Refund for fraudulent/duplicate transaction(s): The Customer shall directly contact “Active Freight Logistics Pvt. Ltd.” for any fraudulent transaction(s) on account of misuse of Card/ Bank details by a fraudulent individual/party and such issues shall be suitably addressed by “Active Freight Logistics Pvt. Ltd.” alone in line with their policies and rules.