These Conditions apply to the carriage of consignments from and between specified locations within the territory of India, utilizing the following services of PAFEX : 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 PAFEX. PAFEX 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 Waybill. In case of conflict between these Conditions and the terms and conditions on any PAFEX Waybill, 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 PAFEX having the express written authority to do so.

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

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 agrees to pay the freight charges, service tax and other surcharges payable on the consignment.

PAFEX 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 for delivery to the consignee at the address indicated on the Waybill. There is no obligation to deliver a consignment to the consignee personally. PAFEX may deliver to someone other than the person named in the Waybill.

PAFEX 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.

Sunday/holiday pick-up or delivery, if available, will be subject to a special handling fee.

PAFEX reserves the right to refuse, hold, cancel, postpone or return any consignment at any time if such consignment would in the opinion of PAFEX be likely to cause damage or delay to other consignments, goods or persons, or the carriage of which is prohibited by law or is in violation of any of these Conditions. The fact that PAFEX accepts a consignment does not mean that such consignment conforms to applicable laws and regulations or to the present Conditions.

PAFEX issues a non-negotiable Waybill duly acknowledging the receipt of the consignment from its customer. The customer acknowledges that the Waybill has been completed by the customer or by PAFEX on behalf of the customer. The customer shall ensure that the Waybill provided by PAFEX 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 Waybill. The Waybill shall be prima facie evidence of the conclusion of the contract, of the acceptance of the goods and of these conditions of carriage.

The customer shall be responsible for the correctness of the particulars and statements relating to the goods inserted by the customer or on its behalf in the Waybill.

The Waybill shall be prima facie evidence of the weight or measure and other particulars of the goods and the number of packages stated therein. However; particulars relating to the quantity, volume and condition of the goods shall not constitute evidence against PAFEX except so far as they have been and are stated in the Waybill to have been checked by PAFEX in the presence of the customer.

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 to the consignment, from time to time, either at origin, en route or destination. Such levies, duties and taxes shall be payable by the consignee at the time of delivery of the consignment. Estimates of the applicable duties and taxes shall not be provided by PAFEX. PAFEX may, at its sole discretion, advance any duties and taxes payable in respect of any consignment against levy of a fee or charge therefore.

Regardless of any payment instructions or provisions to the contrary, the customer shall always remain ultimately liable for payment of all costs, charges and expenses (which shall without limitation include octroi, state and local taxes and imposts not paid for by the consignee) related to the consignment and for costs incurred either in returning the consignment to the customer or warehousing the consignment pending such return.

PAFEX reserves the right to assess fuel and other surcharges on consignments without notice. The duration and amount will be determined at PAFEX's sole discretion. The Consignor, by tendering his consignment to PAFEX, agrees to pay the surcharges in force. Details of current surcharges are available upon request.

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 :

PAFEX 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 Waybill or other delivery document.

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

PAFEX must be notified in writing of any queries relating to the invoices within 20 days of receipt of the invoice, failing which the invoice shall be deemed to have been accepted as correct.

The proof of delivery or other alternate documentation evidencing delivery of the consignment will be furnished provided a request in that behalf is made within 90 days of booking of the consignment but under no circumstances will be a pre-condition for payment of our bills.

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

PAFEX shall be entitled to withhold services if the invoices are not paid with accrued interest within 30 days of receipt of a notice in that behalf. After settlement of the outstanding dues, PAFEX may, at its sole discretion, decide to resume services to the customer.

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. PAFEX shall not be liable for non 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 PAFEX 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 PAFEX shall not be liable for any damage or shortages occurring as a result of improper packing.

PAFEX may, at its option, or upon the request of the competent authorities, open and inspect any consignment at any time, and shall incur no liability of any kind therefor.

In accordance with applicable regulations, X-ray screening of consignments may be undertaken and the Consignor and the Consignee hereby waive any possible claims against PAFEX for damages as a result thereof.

PAFEX shall not be liable in any circumstances for any claim, which relates to seizure or detention of goods in the course of transit by revenue, law enforcement or other government authorities.

A consignment shall be considered to be undeliverable if

1. The consignee's address is incomplete, illegible, incorrect or cannot be located,
2. the consignee fails or refuses to accept delivery or sign or pay for delivery of any consignment
3. the consignment would likely cause damage or delay to other consignments or goods, or injury to persons,
4. the consignment contains prohibited items,
5. the consignment's contents or packaging are damaged to the extent that re-wrapping is not possible

In case a consignment remains undeliverable or unclaimed, PAFEX shall serve a notice upon the consignee or upon the consignor, if the consignee is not available, requiring him to remove the goods within a period of fifteen (15) days from the date of receipt of the notice and in case of failure to comply with the notice, PAFEX shall have the right to sell such consignment without any further notice to the consignee or the consignor, as the case may be without incurring any liability whatsoever to the customer/consignee or anyone else. PAFEX shall, out of the sale proceeds so received, be entitled to retain a sum equal to the freight, storage and other charges due including expenses incurred for the sale and the surplus, if any, from such sale proceeds shall be returned to the consignee or consignor, as the case may be.

PAFEX shall not be liable for damages sustained in the event of destruction or loss of or damage to any consignment arising from causes beyond its reasonable control including but not limited to :-

1. an Act of God;
2. any consequences of war, armed conflict, invasion, act of foreign enemy, hostilities (whether war or not), civil war, riot, 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, strike. lock-out, general or partial stoppage or restraint of labour from whatever cause;
3. seizure or forfeiture under legal process;
4. error, act, default, omission, mis-statement or mis-representation by the customer, consignee or other owner of the goods or by servants or agents of either of them; (
5. the violation of any of the terms and conditions contained on the Waybill or these Conditions, tariff or other terms and conditions applicable to the consignment including, but not limited to the incorrect declaration of the goods, improper or insufficient securing, marking or addressing of the consignment, defective packing by a person other than PAFEX;
6. the loss of or damage to articles packed and sealed in packages by the Consignor, provided that the seal is unbroken at the time of delivery and the Package retains its basic integrity;
7. the erasure of data from or the loss or irretrievability of data stored on magnetic tapes, files or other storage media, or erasure or damage of photographic images or soundtracks from exposed film;
8. PAFEX’s failure to honour "package orientation" graphics (e.g., "UP" arrows, "THIS END UP" markings);
9. PAFEX's failure or inability to attempt to contact the Consignor or Consignee concerning incomplete or inaccurate address, incorrect or incomplete documentation or non-payment of duties and taxes necessary to release a consignment;
10. loss of or damage to any Package for which PAFEX has no record of receipt;
11. the act, default or omission of any public authority carried out in connection with the entry, exit or transit of the goods;
12. accidents to vehicles and other conveyances carrying the consignments;
13. flight delays;
14. refusal by consignee to accept the consignment or to give proper acknowledgment of receipt thereof;
15. inherent defect, quality or vice of the goods.

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

1. Rs. 1,000/- in case of documents and 5,000/- in case of non documents, 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 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. 1,000/- in case of documents and 5,000/- in case of non documents.

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 PAFEX.

PAFEX does not provide insurance cover and the customer may insure the consignments entrusted for carriage to PAFEX at his own cost and expense. In the event of any loss or damage to a consignment, which is insured by the customer, PAFEX may, at the request of the customer, issue loss/damage/shortage Certificate on payment of an additional fee 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 PAFEX without admission of any claim and that PAFEX shall be discharged of all liabilities, if any, in respect of the consignment on acceptance of the Loss/damage/shortage certificate by the customer.

The Customer shall indemnify PAFEX against all claims, demands, proceedings, fines, penalties, damage, costs and expenses suffered by PAFEX or by any other person to whom PAFEX is liable by reason of :

Any irregularity, incorrectness or incompleteness of the particulars and statements or by the absence, insufficiency or irregularity of any information or documents furnished by the customer or other owner of the goods or 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 PAFEX under these Conditions.

All losses suffered by and claims made against PAFEX arising out of the carriage by PAFEX of items not acceptable for carriage, including Dangerous and Prohibited Goods, whether or not declared by the customer as such.

All claims made upon PAFEX towards taxes, duties, penalties and interest

Claims for Damage: All claims for damage must be notified in writing to PAFEX within fourteen (14) calendar days after delivery of the consignment, failing which no action for damages may be brought against PAFEX. Receipt of the consignment by the consignee without written notice of damage on the delivery receipt is prima facie evidence that the consignment was delivered in good condition. As a condition for PAFEX considering any claim for damage the consignee must make the contents, original cartons and packaging available for inspection by PAFEX and must be retained until the claim is concluded. PAFEX reserves the right to inspect the damaged consignment on the customer's premises and to retrieve it for inspection at a PAFEX Branch. PAFEX shall be entitled to require proof in respect of any claim that the goods were undamaged when transit commenced.

Claims for Loss: All claims for loss must be received by PAFEX in writing within thirty (30) calendar days after the consignment is accepted by PAFEX.

PAFEX will only accept claims filed by the Consignor unless the Consignor provides written permission to PAFEX to accept the claim of the Consignee.

Where a customer has made a claim in writing in respect of loss, damage to a consignment and PAFEX has requested documentation and/or information in support of such claim, such information must be provided to PAFEX within 180 calendar days failing which any claim will be deemed withdrawn.

No claim for loss, 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 PAFEX.

The Consignor is allowed to ship upto 999 packages on a single Waybill.

The maximum size per piece, maximum allowable weight per consignment, pick-up and delivery times, value added services, payment options and list of stations vary for each service/product and customers should contact the PAFEX Branch for details.

Transit times vary for each service and depend on the origin-destination pair.

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 the carriage of which is prohibited by any law, statute or regulation;

Items requiring PAFEX to obtain any special licence or permit for transportation;

Packages that are wet, leaking or emit an odour of any kind;

Any items as may from time to time be notified by PAFEX 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, incendiary, corrosive or flammable substances, hazardous chemicals, explosives, firearms or parts thereof and ammunition, firecrackers, cyanides, precipitates, gold and silver ore, bullion, 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, share certificates and blank signed share transfer forms), coupons, stamps, negotiable instruments in bearer form, cashier's cheques, travellers’ cheques, money orders, passports, credit/debit/ATM cards, antiques, works of art, lottery tickets and gambling devices, livestock, fish, insects, animals, plants and plant material, human corpses, organs or body parts, blood, urine and other liquid diagnostic specimens, hazardous or bio-medical waste, wet ice, pornographic materials, contraband, narcotics and psychotropic substances, fragile glassware, crockery, bone china, foodstuffs, perishable food articles and substances requiring refrigeration or other environmental control, shipments to post office box addresses, etc.).

The customer shall be solely liable for all costs and consequences arising out of carriage of the said items. PAFEX excludes all liability for consignments containing such items howsoever accepted (including acceptance by mistake or under notice).

PAFEX 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. PAFEX shall be entitled to detain any consignment until such dues are paid and, without prejudice to PAFEX’s other legal remedies to recover its costs, charges and expenses, shall be entitled, after giving fourteen (14) days notice to the customer, 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. Upon accounting to the customer for any balance remaining after payment of any sums due to PAFEX and any costs of retention, insurance and sale or disposal, PAFEX shall be discharged of any liability whatsoever in respect of the consignment.

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

Any failure by PAFEX to enforce or apply a provision of these Conditions does not constitute a waiver of that provision and does not otherwise impair PAFEX’s right to enforce such provision.