These Conditions apply to the carriage of consignments from and between specified locations within the territory of India, utilizing the following services of FES : PAFEX NATIONWIDE, PAFEX GROUND CARGO & PAFEX SKY CARGO. These services may be modified by PAFEX from time to time.

These Conditions represent the entire agreement between the parties and shall prevail over, exclude and supersede any other terms or conditions, oral or written, wheresoever appearing or made and, in particular, any terms or conditions sought to be incorporated by the customer or any other written or oral statements concerning these Conditions. The customer confirms that he does not rely upon or claim any other terms, warranties, conditions or representations relating to the use of the services.

These Conditions supersede all previous published terms and conditions of FES FES reserves the right to unilaterally modify, amend, change or supplement these Conditions without notice. These Conditions are published in printed form and electronically at www.pafex.com. These Conditions supplement and detail the key terms and conditions on the back of the Consignment Note. In case of conflict between these Conditions and the terms and conditions on any FES Consignment Note, manifest, shipping label or other transit documentation, these Conditions shall prevail.

These Conditions shall not be overridden or varied or added to except by express agreement in writing between the customer and a representative of FES having the express written authority to do so.

The customer hereby accepts these Conditions for himself/itself and/or as an agent for and on behalf of any person having any interest in the consignment.

The customer warrants that he is the owner or the authorized agent of the owner of the goods entrusted to FES for carriage.

The customer warrants to FES that the consignment and each item/article in the consignment is properly described in the consignment note and invoice, 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 and has not been declared by FES to be unacceptable for carriage as specified under Condition hereof and that the consignment is properly marked, addressed and packed to ensure safe handling.

FES undertakes, subject to payment in accordance with the rates notified to the customer from time to time, to carry the customer's consignment at the owner’s risk from the point of tendering only up to the address indicated on the Consignment Note.

FES carries all consignments as packed/sealed and handed over to it by the customer and does not open and examine the contents of the consignment booked, nor is it aware of the contents, condition, nature and value of the consignment. FES accepts the consignment for carriage as declared by the customer.

FES 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.

FES reserves the right to refuse to accept, carry or if carried, abandon the carriage of any consignment not conforming to these Conditions at any time without assigning any reason whatsoever.

FES issues a non-negotiable Consignment Note duly acknowledging the receipt of the consignment from its customer. The customer acknowledges that the Consignment note has been completed by the customer or by FES on behalf of the customer. Once the Consignment Note is issued to any customer and the consignment is handed over to FES, it is implied that all the Conditions stated herein have been accepted by the customer, although the Consignment Note may not have been signed by the customer. The customer shall ensure that any Consignment Note provided by FES 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 Consignment Note.

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 for the consignment either at origin, en route or destination. The customer shall be solely liable for payment of all costs and expenses (which shall without limitation include octroi, state and local taxes and imposts) related to the consignment and for costs incurred either in returning the consignment to the customer or warehousing the consignment pending such return.

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

Volume weight of the consignment, in kilograms, is its gross cubic volume in cubic centimeters divided by 6000.

FES 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 Consignment Note or other delivery document.

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

FES must be notified in writing of any queries relating to the invoices within 14 days of the invoice date, failing which the invoice shall be deemed to be properly rendered in the stated sum.

The provision of proof of delivery shall not constitute a condition for payment.

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

Insurance

The customer may insure the consignments entrusted for carriage to FES at his own cost and expense. In the event of any loss or damage to a consignment, which is insured by the customer, FES may, at the request of the customer, issue loss/damage/shortage Certificate with the sole purpose of enabling the customer to lodge a claim with its insurer. The customer agrees and acknowledges that the Loss/shortage/damage Certificate will be issued by FES without admission of any claim and that FES shall be discharged of all liabilities, if any, in respect of the consignment on acceptance of the Loss/damage/shortage certificate by the Shipper.

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

The said insurance cover will be obtained subject to the following terms and conditions

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

It is the customer's obligation to ensure that all consignments entrusted to FES for carriage are prepared and packed adequately to ensure safe carriage with normal care in handling. Any article susceptible to damage as a result of any condition which may be encountered during handling or transportation by air, railway or road must be adequately protected by the customer by proper packaging and FES shall not be liable for any damage or shortages occurring as a result of improper packing.

FES reserves the right to permit revenue and law enforcement authorities of the Central/State/Local government to open, inspect and detain the consignments, if necessary.

Transit

Transit shall commence when FES takes possession of the consignment whether at the point of collection or at FES’s premises. Transit shall end when the consignment is delivered provided that:-

Liabilities not assumed

FES shall not be liable for any loss or damage which has arisen from :-

1. an Act of God;
2. any consequences of war, invasion, act of foreign enemy hostilities (whether war or not), civil war, 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;
3. seizure or forfeiture under legal process;
4. error, act, omission, mis-statement or mis-representation by the customer or other owner of the goods or by servants or agents of either of them;
5. inherent liability to wastage in bulk weight, latent defect or inherent defect vice or natural deterioration of the goods;
6. insufficient or improper packaging:
7. the goods being of a fragile nature such that they cannot withstand the ordinary exigencies of carriage by a parcel carrier;
8. insufficient or improper labelling or addressing:
9. riot, civil commotion, strike, lockout, general or partial stoppage or restraint of labour from whatever cause;
10. the Consignee not taking or accepting delivery within a reasonable time after the Consignment has been tendered;
11. ) the act, default or omission of any tax and revenue officials or other Government officials;
12. electrical or magnetic injury, erasure, or other such damage to electronic or photographic images or recordings in any form;
13. Force Majeure.

The liability of FES for any loss or damage to any consignment shall be the lowest of :

1. Rs.5,000/- or
2. The amount of loss or damage to the consignment actually sustained or
3. The actual value of the consignment as determined, without regard to the commercial utility or special value to the customer.

The actual value of the consignment shall be ascertained by reference to the cost of preparation or replacement/reconstruction value at the time and place of consignment, but under no circumstances shall exceed Rs.5,000/-.

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 Rs. 5,000/-.

No claim for loss or damage 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 FES. FES shall be entitled to require proof in respect of any claim that the goods were undamaged when transit commenced.

FES shall have no liability whatsoever and howsoever arising (and for the avoidance of doubt including but not limited to breach of contract, negligence, gross negligence or wilful acts or omissions) in respect of direct, indirect or consequential loss or special damage, including but not limited to loss of income, profits, interest, utility or loss of market or in respect of taxes and duties of whatever kind raised against any consignment or part thereof.

The Customer shall indemnify FES against:-

all consequences suffered by FES (including but not limited to claims, demands, proceedings, fines, penalties, damages, costs, expenses and loss of or damage to the vehicle and to other goods carried) by reason of any error, omission, mis-statement or mis-representation by the customer or other owner of the goods or by any servant or agent or either of them, insufficient or improper packaging, labelling or addressing of the goods.

all claims and demands whatever by whomsoever made in excess of the liability of FES under these Conditions.

all losses suffered by and claims made against FES resulting from loss of or damage to property caused by or arising out of the carriage by FES of items not acceptable for carriage, including Dangerous and Prohibited Goods, whether or not declared by the customer as such.

all claims made upon FES towards taxes, duties, penalties and interest whether or not Transit has ended or has been suspended and regardless of whether FES may have been at fault in any way causing the circumstances leading to such demand being made.

No claim for loss or damage 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 FES.

Items Not Accepted For Carriage

The following items will not be accepted for carriage :

Items classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization) or other government or regulatory agencies;

Items not permitted under any law/rules/restrictions for the time being in force;

Any items as may from time to time be notified by FES to be restricted and/or banned and/or dangerous and/or prohibited for carriage from time to time (such items include but are not limited to radio-active, combustible, inflammable or explosive substances, liquids, dust, cyanides, precipitates, gold and silver ore, bullion, coin, precious metals and stones, jewelry, semi-precious stones including commercial carbons or industrial diamonds, currency (paper or coin) of any nationality, securities (including stocks and bonds and negotiable instruments in bearer form, share certificates and blank signed share transfer forms), coupons, stamps, cashier's cheques, travellers’ cheques, money orders, passports, antiques, works of art, livestock, animals or plants, firearms or parts and ammunition thereof, human remains, pornographic materials, contraband, narcotics and psychotropic substances, perishables, etc.).

A detailed list of items not accepted for carriage is available on request at all FES offices and on the website www.pafex.com

FES 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. FES may refuse to surrender possession of the consignments until such dues are paid and, without prejudice to FES’s other legal remedies to recover its costs, charges and expenses, shall be entitled to sell the goods by public auction, tender, private agreement or other wise 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 on 14 days notice to the customer or any lesser period as may be reasonable in the circumstances. Upon accounting to the customer for any balance remaining after payment of any sums due to FES and any costs of retention, insurance and sale or disposal, FES shall be discharged of any liability whatsoever in respect of the consignment.

Jurisdiction of Courts

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