This shipment is accepted by Blue Dart Express Limited by its employees and agents referred to collectively hereinafter as "BDE", subject to the terms and conditions set out hereunder.

1. THE WAYBILL

   1.1. The BDE Waybill is non-negotiable and the shipper acknowledges that it has been prepared by the shipper or by BDE on behalf of the Shipper.

   1.2. The responsibility of BDE for a shipment accepted under a Waybill ceases when the consignee acknowledges the receipt of the shipment by affixing his signature on the Return to Origin copy and/or the delivery sheet.

   1.3. All shipments under the Waybill are carried at Owner's risk.

2. SHIPPER'S OBLIGATION AND ACKNOWLEDGEMENT

   2.1. By tendering materials for shipments via BDE, it is deemed that the shipper agrees to the terms and conditions stated therein.

   2.2. The shipper warrants that he is the owner or the authorised agent of the owner of the goods transported hereunder, and that the shipper hereby accepts BDE terms and conditions for itself and/or as an agent for and on behalf of any other person having any interest in the shipment.

   2.3. The SHIPPER warrants that each article in the shipment is properly described on this Waybill and it does not contravene the provisions of the Indian Post Office Act or any other law for the time being in force and has not been declared by BDE to be unacceptable for transport as specified under Section 12 below and that the shipment is properly marked and addressed and packed to ensure safe handling. The Shipper agrees that BDE and/or its Service Provider have a right to contact shipper/consignee for the purpose of feedback or any query related to the Shipment on the Contact details provided by Shipper.

   2.4. The shipper shall be solely liable for all costs and expenses (which shall without limitation include GST taxes and import duties related to the shipments and for costs incurred either in returning the shipment to the shipper or warehousing the shipment pending such return.

   2.5. The shipper accepts the condition that the shipment is being carried by BDE from point of rendering only up to the address shown on this Waybill and, in case this shipment has to be rerouted/redirected/returned for any reason whatsoever, the shipper shall pay in advance all charges levied by BDE for such rerouting/redirection/return as per the normal schedule of BDE, as also any GST Taxes, Import duties etc. applicable thereon. BDE will hold such shipments at Destination mentioned on the Waybill for maximum period of 10 days from the date of shipment. Thereafter, BDE reserves the right to destroy the shipment without informing the shipper, and the shipper indemnifies BDE against any claim or liability.

   2.6. GST (Goods & Service Tax) E-way bill is an electronic waybill for movement of goods which Government is planning to introduce to generate from GSTN (common portal). The Shipper should ensure compliance as prescribed under GST based on consignment value with effective date of roll out by Government. Any non-compliance in generation of E-way bill by Shipper may result in delay in delivery/non-delivery of shipments booked.

   2.7. GST shall mean any of the ‘Central Goods and Service Tax Act’ (CGST) or ‘Integrated Goods and Service Tax Act’ (IGST Act) or ‘State Goods and Service Tax Act’ (SGST Act) or ‘Union Territory Goods and Service Tax Act’ (UTGST Act) as may be applicable including Rules/amendments notified thereunder from time to time.

   2.8. Packing of the material rendered for the shipment is the responsibility of the shipper, including placement of such material inside the container, if any, supplied by BDE, notwithstanding anything else in these terms and conditions.

3. BDE RIGHT OF INSPECTION OF SHIPMENT

   3.1. BDE has the right but not the obligation to open and/or inspect the shipment.

   3.2. BDE reserves the right to refuse shipments not conforming to these terms and conditions without assigning any reason whatsoever.

4. INSURANCE

   4.1. While BDE has developed a sophisticated tracking system for all shipments carried in the network and has experienced manpower to handle all shipments, the Shipper may, if he so desires, insure his shipments at his own costs.

5. TAXES

   5.1. All taxes such as GST and other statutory payments levied on the shipments are to be borne by the CONSIGNEE and in his absence the same will be borne by the SHIPPER. BDE will not extend any credit for GST and other statutory charges.

6. CHARGEABLE WEIGHT

   6.1. Every shipment shall be charged by its chargeable weight, as defined hereunder, and not the actual weight. The chargeable weight shall be the higher of

    

   1. The actual weight rounded off to the next higher half kg or one kg as per the rate category agreed to, or

   2. The volume weight similarly rounded off as in (a) above.

    

   6.2. Volume weight of the shipment, in kilograms, is its gross cubic volume in cubic centimeters divided by 5000.

7. LIEN ON GOODS SHIPPED

   7.1. THE SHIPPER acknowledges BDE's right of lien on its shipments for any outstanding freight, any other applicable charges, Central, State and Local taxes, duties, levies, advances arising out of transportation and warehousing services, whether pertaining to past or present outstanding, in respect of any or all shipments carried under this Contract and may refuse to surrender possession of the shipments until all such charges are paid.

   7.2. Further, if such charges are not paid to BDE within 10 days, then BDE may store the goods at the defaulting SHIPPER'S/CONSIGNEE'S own risk.

   7.3. BDE further reserves its right to sell the goods by public auction, tender, private agreement or otherwise or even destroy the goods without prejudice to BDE's other legal remedies to recover its costs, charges and expenses, if the charges as indicated aforesaid are not paid by the SHIPPER/CONSIGNEE within 10 days.

   7.4. BDE does not carry any perishable goods. However, in case of perishable goods, BDE shall have the right to dispose off/sell the goods immediately and without any notice and the SHIPPER shall keep BDE indemnified against all claims, charges and expenses incurred by BDE due to such perishable goods entering into the network of BDE.

   7.5. If CONSIGNEE refuses delivery or to pay on delivery, or the Shipment is deemed to be unacceptable, or it has been undervalued for customs/GST purposes, or consignee cannot be reasonably identified or located. BDE shall use reasonable efforts to return the Shipment to the SHIPPER at Shipper's cost, failing which the Shipment may be released, disposed off or sold by BDE without incurring any liability whatsoever to the SHIPPER or anyone else. The proceeds shall be applied against service charges and related administrative costs and the balance of the proceeds of a sale to be returned to SHIPPER after adjusting outstanding dues, if any.

8. LIMITATION OF LIABILITY

   8.1. Without prejudice to Section 9 and Section 10, the liability of BDE for any loss or damage to the shipment (which terms shall include all documents or parcels consigned through BDE), shall be the lowest of

    

   1. ₹ 5,000/- or

   2. The amount of loss or damage to the document or parcel actually sustained for Shipments which are not insured as mentioned below and the actual value of the document or parcel so determined will be without regard to the commercial utility or special value to the shipper.

   3. The actual value of the document or parcel shall be ascertained by reference to the cost of preparation or replacement/reconstruction value at the time and place of shipment, but under no circumstance shall exceed ₹ 5,000/-.

    

   8.2. In the event of any loss or damage to shipments, which are insured by the SHIPPER, BDE may at the request of the SHIPPER, issue loss/damage/shortage Certificate with the sole purpose of enabling the SHIPPER to lodge insurance claim with its Insurance Company. The SHIPPER agrees and acknowledges that the Loss/Shortage/Damage Certificate will be issued by BDE, without admission of any claim and that BDE shall be discharged of all liabilities, if any arising out of the shipment on acceptance of the Loss/Damage/Shortage certified by the SHIPPER.

9. CONSEQUENTIAL DAMAGES EXCLUDED

   9.1. BDE SHALL NOT BE LIABLE IN ANY EVENT FOR ANY CONSEQUENTIAL OR SPECIAL DAMAGES OR OTHER DIRECT OR INDIRECT LOSS HOWSOEVER ARISING, WHETHER OR NOT BDE HAS KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, PROFITS, INTEREST, UTILITY OR LOSS OF MARKET.

10. LIABILITIES NOT ASSUMED

    10.1. In particular, BDE will not be liable for any loss or damage to the shipment or a delay in picking up or delivering shipment if it is:

     

    1. Due to acts of God, force majeure occurrence of any cause reasonably beyond the control of BDE, or loss and damage caused through strikes, riots, political and other disturbances such as fire, accident of the vehicle carrying the goods, explosions, beyond the control of BDE for the goods that are carried by BDE.

    2. Caused by:

        

       1. The act, fault or omission/commission of any act of the SHIPPER/the CONSIGNEE or any other party claiming an interest in the shipment (including violation of any terms or conditions thereof) or any other person.

       2. Carriers such as Airlines, or Airways not adhering to schedule for any reason whatsoever.

       3. Government officials in discharge of their official duties such as Customs/GST inspection etc.

       4. The nature of the shipment or any defects, characteristics, inherent vice, thereof.

       5. Electrical or magnetic injury, erasure or other such damages to Photographic images or recording in any form.

        

     

    10.2. Notwithstanding what is stated above, whilst BDE will endeavor to exercise its best efforts to provide expeditious delivery in accordance with its regular delivery, BDE WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR DELAY IN PICK UP, TRANSPORTATION OR DELIVERY OF ANY SHIPMENT REGARDLESS OF CAUSE OF SUCH DELAYS.

    10.3. No liability is assumed for any errors and/or omissions in any information/data which is imparted in respect of the shipment travelling under the Waybill.

    10.4. The SHIPPER indemnifies BDE against loss, damages, penalties, actions, proceedings etc. that may be instituted by any Government Officials in discharge of their official duties including but not limited to Customs/GST inspection etc.

    10.5. Shipper agrees to indemnify BD and keep BD indemnified at all times against any and all liability, damages, loss which BD incurs or may incur due to breach of any obligations required to be done by the Shipper under the Provisions of "GST Acts".

11. CLAIMS

    11.1. Any claim must be brought by the shipper and delivered in writing to the office of BDE nearest to the location at which the shipment is accepted within 30 days of the date of such acceptance. No claim can be made against BDE beyond this time limit.

    11.2. No claim for loss or damage will be entertained until all charges have been paid. The amount of any such claim will not be deducted from any transportation charges owed to BDE.

12. MATERIALS NOT ACCEPTABLE FOR CARRIAGE

    Except as per written agreement between SHIPPER and BDE, BDE will not carry materials as under.

     

    1. Classified as hazardous material, dangerous goods, prohibited, banned or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), any applicable government department or other relevant organization.

    2. Not permitted by the laws/rules/restrictions in force or no customs declaration is made when required by applicable customs regulations and/or any other relevant laws.

    3. BDE decides it cannot transport an item safely or legally (such items include but are not limited to animals, bullion, currency, bearer negotiable instruments, share certificates and blank shares, precious metals and stones, firearms or parts thereof and ammunition, human remains, pornography and illegal narcotics/drugs). Details available in all BDE offices on request and also available on the website www.bluedart.com

     

    NOTE: ALL DISPUTES & CLAIMS ARE SUBJECT TO THE EXCLUSIVE AND IRREVOCABLE JURISDICTION OF COURTS IN MUMBAI ONLY

In terms of Agreement between Blue Dart Express Limited and Blue Dart Aviation Limited, Blue Dart Express Limited is entitled to the total capacity of the aircraft operated by Blue Dart Aviation Limited (Blue Dart Express Limited and Blue Dart Aviation Limited, their employees, contractors and agents are collectively hereinafter referred to as "BD").
This shipment is accepted by BD subject to the terms and conditions as set out hereunder:

1. THE WAYBILL

   1.1. The BD Waybill is non-negotiable and the shipper acknowledges that it has been prepared by the shipper or by BD on behalf of the Shipper.

   1.2. The responsibility of BD for a shipment accepted under a Waybill ceases when the consignee acknowledges the receipt of the shipment by affixing his signature on the Return to Origin copy and/or the delivery sheet.

   1.3. All shipments under the Waybill are carried at Owner's risk.

2. SHIPPERS OBLIGATION AND ACKNOWLEDGEMENT

   2.1. By tendering materials for shipments via BD it is deemed that the shipper agrees to the terms and conditions stated herein.

   2.2. The Shipper warrants that he is the owner or the authorised agent of the owner of the goods transported hereunder and that the shipper hereby accepts BD terms and conditions for itself and/or as an agent for and on behalf of any other person having any interest in the shipment.

   2.3. The shipper warrants that each article in the shipment is properly described on this Waybill and it does not contravene the provisions of the Indian Post Office Act or any other law for the time being in force and has not been declared by BD to be unacceptable for transport as specified under Section 12 below and that the shipment is properly marked and addressed and packed to ensure safe handling. The shipper also accepts that the shipper or consignee can be contacted by BDE for the purpose of feedback or any query related to the shipments sent by the shipper. The shipper indemnifies BDE against any claim or liability related to this.

   2.4. The shipper shall be solely liable for all costs and expenses (which shall without limitations include GST taxes and import duties) related to the shipments and for costs incurred either in returning the shipment to the shipper or warehousing the shipment pending such return.

   2.5. The Shipper accepts the condition that the shipment is being carried by BD from point of rendering only up to the address shown on this Waybill and in case this shipment has to be rerouted/redirected/returned for any reason whatsoever, the shipper shall pay in advance all charges levied by BD for such rerouting/redirection/return as per the normal schedule of BD as also any, custom duties, warehousing charge, freight charges GST Taxes and import duties etc. applicable thereon. BD will hold such shipments at Destination mentioned on the Waybill for the maximum period of 10 days from the date of shipment. Thereafter, BD reserves the right to destroy the shipment without informing the shipper and the shipper shall indemnify BD against any claim or liability.

   2.6. Packing of the material rendered for the shipment is the responsibility of the shipper including placement of such materials inside the containers supplied by BD, if any, notwithstanding anything else in these terms and conditions.

   2.7. GST (Goods & Service Tax) E-way bill is an electronic waybill for movement of goods which Government is planning to introduce to generate from GSTN (common portal).The Shipper should ensure compliance as prescribed under GST based on consignment value with effective date of roll out by Government. Any non-compliance in generation of E-way bill by Shipper may result in delay in delivery/non-delivery of shipments booked.

   2.8. GST shall mean any of the ‘Central Goods and Service Tax Act’ (CGST) or ‘Integrated Goods and Service Tax Act’ (IGST Act) or ‘State Goods and Service Tax Act’ (SGST Act) or ‘Union Territory Goods and Service Tax Act’ (UTGST Act) as may be applicable including Rules/amendments notified thereunder from time to time.

3. BD RIGHT OF INSPECTION OF SHIPMENT

   3.1. BD has the right but not the obligation to open and/or inspect the shipment.

   3.2. BD reserves the right to refuse shipments for not conforming to these terms and conditions without assigning any reasons whatsoever.

4. INSURANCE

   4.1. While BD has developed a sophisticated tracking system for all shipments carried in its network and has experienced manpower to handle all shipments, THE SHIPPER may, if he so desires insure his shipments at his own costs.

   4.2. BD can arrange insurance of shipment on behalf of the shipper for the declared value of goods in respect of loss of or physical damage to such shipments. BD shall be only responsible for the administrative facilitation and arrangement of the insurance policy. The said policy will be subject to the following terms and conditions:

    

   1. Shipper shall pay Freight on Value to BD, which will include applicable premium on the declared value and service charges of BD.

   2. 'Shipments Insurance' does not cover any indirect loss or damage, or loss or damages caused on account of any delays in delivery of shipments.

   3. Loss or damage to the shipment shall be notified by the shipper/consignee to BD immediately. The settlement of the claim shall be as per the assessment by the Surveyor appointed by the Insurance Company and shall be binding on the Shipper. Any difference between the amount claimed by the shipper and the actual settlement shall be borne by the Shipper and BD will not be held liable under any circumstances.

   4. Notwithstanding anything slated hereinabove no claim shall be entertained under the Insurance Arrangement, if freight together with FOV charges are not paid by the shipper/consignee to BD.

    

5. TAXES

   All taxes such as GST, custom duties, warehousing charges, freight charges and other statutory payments levied on the shipments are to be borne by the Consignee and in his absence the same will be borne by the SHIPPER. BD will not extend any credit for GST, custom duties, port charges, warehousing charges, freight charges and other statutory charges.

6. CHARGEABLE WEIGHT

   6.1. Every shipment shall be charged by its chargeable weight as defined hereunder and not the actual weight. The chargeable weight shall be higher of (a) the actual weight rounded off to the next higher half kg. or one kg. as per the rate category agreed to or (b) the volume weight similarly rounded of as in (a) above.

   6.2. Volume weight of the shipment in kg. is its gross cubic cms i.e. Length x Width x Height divided by 5000.

7. LIEN ON GOODS SHIPPED

   7.1. THE SHIPPER acknowledges BD's right of lien on its shipments for any outstanding freight, any other applicable charges, GST taxes, duties, levies, advances arising out of transportation and warehousing services, whether pertaining to past or present outstanding, in respect of any or all shipments carried under this Contract and may refuse to surrender possession of the shipments until all such charges are paid.

   7.2. Further, if such charges are not paid to BD within 10 days, then BD may store the goods at defaulting SHIPPER's/CONSIGNEE's own risk, including the warehousing charges and demurrage accruing thereon.

   7.3. BD further reserves its right to sell the goods by public auction, tender, private agreement or otherwise or even destroy the goods without prejudice to BD's other legal remedies to recover its costs, charges and expenses, if the charges as indicated aforesaid are not paid by the SHIPPER/CONSIGNEE within 10 days.

   7.4. BD does not carry any perishable goods. However, in case of perishable goods, BD shall have the right to dispose off/sell the goods immediately and without any notice and the shipper shall keep BD indemnified against all claims, charges and expenses incurred by BD due to such perishable goods entering into the network of BD.

   7.5. If consignee refuses delivery or to pay on delivery, or the Shipment is deemed to be unacceptable, or it has been undervalued for customs/GST purposes, or consignee cannot be reasonably identified or located, BD shall use reasonable efforts to return the Shipment to Shipper at Shipper's cost, failing which the Shipment may be released, disposed of or sold by BD without incurring any liability whatsoever to the Shipper or anyone else. The proceeds shall be applied against service charges and related administrative costs and the balance of the proceeds of a sale to be returned to Shipper after adjusting outstanding dues, if any.

8. LIMITATION OF LIABILITY

   8.1. Without prejudice to Section 9 and 10, the liability of BD for any loss or damage to the shipment (which term shall include all documents or parcels consigned through BD) shall be the lowest of (a) ₹ 5,000/- or (b) The amount of loss or damage to the document or parcel actually sustained for shipments which are not insured as mentioned below and the actual value of the document or parcel so determined will be without regard to the commercial utility or special value to the shipper.

    

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

   2. The actual value of a parcel (which term shall include any item of commercial value which is transported hereunder) shall be ascertained by reference to its cost by repair or replacement/resale or fair market value not exceeding the original cost of the article actually paid by the shipper subject to and within overall limit of ₹ 5,000/-.

    

   8.2. In the event of any loss or damage to shipments, which are insured by the shipper, BD may at the request of the SHIPPER, issue loss/damage/shortage Certificate with the sole purpose of enabling the SHIPPER to lodge insurance claim with its Insurance Company. The SHIPPER agrees and acknowledges that the loss/shortage/damage Certificate will be issued by BD, without admission of any claim, and that BD shall be discharged of all liabilities, if any, arising out of the shipment on acceptance of the loss/damage/shortage certified by the Shipper.

   8.3. In case of services such as, DOD/FOD etc. offered by BD. BD will not be held liable for any civil and/or criminal proceedings as regards any contractual obligations and payment terms between the shipper and the consignee. In the event of any default in payment on the part of consignee, the shipper will not hold Blue Dart responsible for the same in any manner whatsoever. Blue Dart merely carries the instrument under the authorization conferred by the Shipper and cannot be challenged by the Shipper for the authenticity of such payment made.

9. CONSEQUENTIAL DAMAGES EXCLUDED

   BD SHALL NOT BE LIABLE IN ANY EVENT FOR ANY CONSEQUENTIAL OR SPECIAL DAMAGES OR OTHER DIRECT OR INDIRECT LOSS, HOWSOEVER, ARISING WHETHER OR NOT BD HAS KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, PROFITS, INTEREST, UTILITY OR LOSS OF MARKET.

10. LIABILITIES NOT ASSUMED

    10.1. In particular, BD will not be liable for any loss and damage to the shipment or a delay in picking up or delivering shipment if it is:

    1. Due to acts of God, force majeure occurrence of any cause reasonably beyond the control of BD or loss or damage caused through strikes, riots, political and other disturbances such as fire, accident of the vehicle carrying the goods, explosions beyond the control of BD for the goods that are carried by BD.

    2. Caused by:

        

       1. The act, fault or omission/commission of any act of the shipper/the consignee or any other party claiming an interest in the shipment (including violation of any terms or conditions thereof) or any other person.

       2. Carriers such as Airlines or Airways not adhering to schedule for any reason whatsoever.

       3. Government officials in discharge of their official duties such as Customs/GST inspection etc.

       4. The nature of the shipment or any defective characteristics or inherent vice therein.

       5. Electrical or magnetic injury erasure or other such damages to Photographic images or recording in any form.

        

    10.2. Notwithstanding what is stated above, whilst BD will endeavor to exercise its best efforts to provide expeditious delivery in accordance with its regular delivery, BD WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR DELAY IN PICK UP, TRANSPORTATION OR DELIVERY OF ANY SHIPMENT REGARDLESS OF CAUSE OF SUCH DELAYS.

    10.3. No liability is assumed for any errors and/or omissions in any information/data, which is imparted in respect of the shipment travelling under the Waybill.

    10.4. The shipper indemnifies BD against loss, damages, penalties, actions proceedings etc. that may be instituted by any Government officials in discharge of their official duties including but not limited to Customs/GST inspection etc.

    10.5. Shipper agrees to indemnify BD and keep BD indemnified at all times against any and all liability, damages, loss which BD incurs or may incur due to breach of any obligations required to be done by the Shipper under the Provisions of "GST Acts".

11. CLAIMS

    11.1. Any claim must be brought by the shipper and delivered, in writing to the office of BD nearest to the location at which the shipment is accepted within 30 days from the date of such acceptance. No claim can be made against BD beyond this time limit.
    11.2. No claim for loss or damage will be entertained until all charges have been paid. The amount of any such claim will not be deducted from any transportation charges owed to BD.

12. MATERIALS NOT ACCEPTABLE FOR CARRIAGE

    BD will not carry materials as under:
    Classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), any applicable government department or other relevant organization.

    Not permitted by the laws/rules/restrictions in force or no customs declaration is made when required by applicable customs regulations and/or any other relevant laws.

    Any items notified by BD to be restricted and/or banned and/or dangerous and/or prohibited from time to time (such items including but are not limited to animals, bullion, currency, bearer from negotiable instruments, precious metals and stones, firearms or part thereof and ammunition, human remains, pornography and illegal narcotics/drugs). Details available in all Blue Dart offices on request and also available on the website www.bluedart.com.

    NOTE: ALL DISPUTES & CLAIMS ARE SUBJECT TO MUMBAI JURISDICTION.

This shipment is accepted by Blue Dart Express Limited through its employees and agents referred to collectively hereinafter as 'BDE' subject to the terms and conditions set out hereunder:

1. THEWAYBILL

   1.1. The BDE Waybill is non-negotiable and the shipper acknowledges that it has been prepared by the shipper or by BDE on behalf of the Shipper.

   1.2. The responsibility of BDE for a shipment accepted under a Waybill ceases when the consignee acknowledges the receipt of the shipment by affixing his signature on the Return to Origin copy and/or the delivery sheet.

   1.3. All shipments under the Waybill are carried at Owner's risk.

2. SHIPPERS OBLIGATION AND ACKNOWLEDGEMENT

   2.1. By tendering materials for shipments via BDE it is deemed that the shipper agrees to the terms and conditions stated herein.

   2.2. The Shipper warrants that he is the owner or the authorised agent of the owner of the goods transported hereunder and that the shipper hereby accepts BDE terms and conditions for itself and/or as an agent for and on behalf of any other person having any interest in the shipment.

   2.3. The shipper warrants that each article in the shipment is properly described on this Waybill and it does not contravene the provisions of the Indian Post Office Act or any other law for the time being in force and has not been declared by BDE to be unacceptable for transport as specified under Section 12 below and that the shipment is properly marked and addressed and packed to ensure safe handling. The shipper also accepts that the shipper or consignee can be contacted by BDE for the purpose of feedback or any query related to the shipments sent by the shipper. The shipper indemnifies BDE against any claim or liability related to this.

   2.4. The shipper shall be solely liable for all costs and expenses (which shall without limitations include GST taxes and import duties) related to the shipments and for costs incurred either in returning the shipment to the shipper or warehousing the shipment pending such return.

   2.5. The Shipper accepts the condition that the shipment is being carried by BDE from point of rendering only up to the address shown on this Waybill and in case this shipment has to be rerouted/redirected/returned for any reason whatsoever, the shipper shall pay in advance all charges levied by BDE for such rerouting/redirection/return as per the normal schedule of BDE as also any GST, custom duties, warehousing charge, freight charges State Local Taxes and import duties etc. applicable thereon. BDE will hold such shipments at Destination mentioned on the Waybill for the maximum period of 10 days from the date of shipment. Thereafter, BDE reserves the right to destroy the shipment without informing the shipper and the shipper shall indemnify BDE against any claim or liability.

   2.6. GST (Goods & Service Tax) E-way bill is an electronic waybill for movement of goods which Government is planning to introduce to generate from GSTN (common portal).The Shipper should ensure compliance as prescribed under GST based on consignment value with effective date of roll out by Government. Any non-compliance in generation of E-way bill by Shipper may result in delay in delivery/non-delivery of shipments booked.

   2.7. GST shall mean any of the 'Central Goods and Service Tax Act' (CGST) or 'Integrated Goods and Service Tax Act' (IGST Act) or 'State Goods and Service Tax Act' (SGST Act) or 'Union Territory Goods and Service Tax Act' (UTGST Act) as may be applicable including Rules/amendments notified thereunder from time to time.

   2.8. Packing of the material rendered for the shipment is the responsibility of the shipper including placement of such materials inside the containers supplied by BDE, if any, notwithstanding anything else in these terms and conditions.

3. BDE RIGHT OF INSPECTION OF SHIPMENT

   3.1. BDE has the right but not the obligation to open and/or inspect the shipment.

   3.2. BDE reserves the right to refuse shipments for not conforming to these terms and conditions without assigning any reasons whatsoever.

4. INSURANCE

   4.1. While BDE has developed a sophisticated tracking system for all shipments earned in its network and has experienced manpower to handle all shipments, THE SHIPPER may, if he so desires insure his shipments at his own costs.

   4.2. BDE can arrange insurance of shipment on behalf of the shipper for the declared value of goods in respect of loss of or physical damage to such shipments. BDE shall be only responsible for the administrative facilitation and arrangement of the insurance policy. The said policy will be subject to the following terms and conditions:

    

   1. Shipper shall pay Freight on Value to BDE which will include applicable premium on the declared value and service charges of BDE.

   2. 'Shipments Insurance' does not cover any indirect loss or damage or loss or damages caused on account of any delays in delivery of shipments.

   3. Loss or damage to the shipment shall be notified by the shipper/consignee to BDE immediately. The settlement of the claim shall be as per the assessment by the Surveyor appointed by the Insurance Company and shall be binding on the Shipper. Any difference between the amount claimed by the shipper and the actual settlement shall be borne by the Shipper and BDE will not be held liable under any circumstances.

   4. Notwithstanding anything slated hereinabove no claim shall be entertained under the Insurance Arrangement, if freight together with FOV charges are not paid by the shipper/consignee to BDE.

    

5. TAXES

   5.1. All taxes such as GST, custom duties, warehousing charges, freight charges and other statutory payments levied on the shipments are to be borne by the Consignee and in his absence the same will be borne by the SHIPPER. BDE will not extend any credit for GST, custom duties, port charges, warehousing charges, freight charges and other statutory charges.

6. CHARGEABLE WEIGHT

   6.1. Every shipment shall be charged by its chargeable weight as defined hereunder and not the actual weight. The chargeable weight shall be higher of (a) the actual weight rounded off to the next higher half kg. as per the rate category agreed to or (b) the volume weight as in (a) above.

   6.2. Rates will be charged on the basis of dimensional weight or actual weight, whichever is higher. For shipments booked under Surface Network, dimensional weight will be calculated as follows:

   1 Cubic Foot (cft) = 10 kgs (LxBxH in feet = cubic feet measurement of the package) Cu.ft = 30cm x 30cm x 30cm = 27000

7. LIEN ON GOODS SHIPPED

   7.1. THE SHIPPER acknowledges BDE's right of lien on its shipments for any outstanding freight, any other applicable charges, Central, State and local taxes, duties, levies, advances arising out of transportation and warehousing services, whether pertaining to past or present outstanding, in respect of any or all shipments carried under this Contract and may refuse to surrender possession of the shipments until all such charges are paid.

   7.2. Further, if such charges are not paid to BDE within 10 days, then BDE may store the goods at defaulting SHIPPER'S/CONSIGNEE'S own risk, including the warehousing charges and demurrage accruing thereon.

   7.3. BDE further reserves its right to sell the goods by public auction, tender, private agreement or otherwise or even destroy the goods without prejudice to BDE's other legal remedies to recover its costs, charges and expenses, if the charges as indicated aforesaid are not paid by the SHIPPER/CONSIGNEE within l0 days.

   7.4. BDE does not carry any perishable goods. However, in case of perishable goods, BDE shall have the right to dispose off/sell the goods immediately and without any notice and the shipper shall keep BDE indemnified against all claims, charges and expenses incurred by BDE due to such perishable goods entering into the network of BDE.

8. LIMITATION OF LIABILITY

   8.1. WITHOUT PREJUDICE TO SECTION 9 AND 10, THE LIABILITY OF BDE FOR ANY LOSS OR DAMAGE TO THE SHIPMENT (WHICH TERM
   SHALL INCLUDE ALL DOCUMENTS OR PARCELS CONSIGNED THROUGH BDE) SHALL BE THE LOWEST OF (A) ₹ 5,000/- OR (B) THE
   AMOUNT OF LOSS OR DAMAGE TO THE DOCUMENT OR PARCEL ACTUALLY SUSTAINED FOR SHIPMENTS WHICH ARE NOT INSURED
   AS MENTIONED BELOW and the actual value of the document or parcel so determined will be without regard to the commercial utility or special.

   Value to the shipper

    

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

   2. The actual value of a parcel (which term shall include any item of commercial value which is transported hereunder) shall be ascertained by reference to its cost by repair or replacement/resale or fair market value not exceeding the original cost of the article actually paid by the shipper subject to and within overall limit of ₹ 5,000/-.

    

   8.2. In the event of any loss or damage to shipments, which are insured by the shipper, BDE may at the request of the SHIPPER, issue loss/damage/shortage Certificate with the sole purpose of enabling the SHIPPER to lodge insurance claim with its Insurance Company. The SHIPPER agrees and acknowledges that the loss/shortage/damage Certificate will be issued by BDE, without admission of any claim, and that BDE shall be discharged of all liabilities, if any, arising out of the shipment on acceptance of the loss/damage/shortage certified by the Shipper.

   8.3. In case of services such as, DOD/FOD etc. offered by BDE. BDE will not be held liable for any civil and/or criminal proceedings as regards any contractual obligations and payment terms between the shipper and the consignee. In the event of any default in payment on the part of consignee, the shipper will not hold BDE responsible for the same in any manner whatsoever. BDE merely carries the instrument under the authorisation conferred by the Shipper and cannot be challenged by the Shipper for the authenticity of such payment made.

9. CONSEQUENTIAL DAMAGES EXCLUDED

   9.1. BDE SHALL NOT BE LIABLE IN ANY EVENT FOR ANY CONSEQUENTIAL OR SPECIAL DAMAGES OR OTHER DIRECT OR INDIRECT LOSS, HOWSOEVER, ARISING WHETHER OR NOT BDE HAS KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, PROFITS, INTEREST, UTILITY OR LOSS OF MARKET.

10. LIABILITIES NOT ASSUMED

    10.1. In particular, BDE will not be liable for any loss and damage to the shipment or a delay in picking up or delivering shipment if it is:

     

    1. Due to acts of God, force majeure occurrence of any cause reasonably beyond the control of BDE or loss or damage caused through strikes, riots, political and other disturbances such as fire, accident of the vehicle carrying the goods, explosions beyond the control of BDE for the goods that are carried by BDE.

    2. Caused by:

        

       1. The act, fault or omission/commission of any act of the shipper/the consignee or any other party claiming an interest in the shipment (including violation of any terms or conditions thereof) or any other person.

       2. Carriers such as Airlines or Airways not adhering to schedule for any reason whatsoever.

       3. Government officials in discharge of their official duties such as Customs/GST inspection etc.

       4. The nature of the shipment or any defective characteristics or inherent vice there in.

       5. Electrical or magnetic injury erasure or other such damages to Photographic images or recording in any form.

        

     

    10.2. Not withstanding what is stated above, whilst BDE will endeavor to exercise its best efforts to provide expeditious delivery in accordance with its regular delivery, BDE WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR DELAY IN PICK UP, TRANSPORTATION OR DELIVERY OF ANY SHIPMENT REGARDLESS OF CAUSE OF SUCH DELAYS.

    10.3. No liability is assumed for any errors and/or omissions in any information/data which is imparted in respect of the shipment travelling under the Waybill.

    10.4. The shipper indemnifies BDE against loss, damages, penalties, actions proceedings etc. that may be instituted by any Government officials in discharge of their official duties including but not limited to Customs/GST inspection etc.

    10.5. Shipper agrees to indemnify BD and keep BD indemnified at all times against any and all liability, damages, loss which BD incurs or may incur due to breach of any obligations required to be done by the Shipper under the Provisions of "GST Acts".

11. CLAIMS

    11.1. Any claim must be brought by the shipper and delivered, in writing to the office of BDE nearest to the location at which the shipment is accepted within 30 days from the date of such acceptance. No claim can be made against BDE beyond this time limit.

    11.2. No claim for loss or damage will be entertained until all charges have been paid. The amount of any such claim will not be deducted from any transportation charges owed to BDE.

12. MATERIALS NOT ACCEPTABLE FOR CARRIAGE

    BDE will not carry materials as under:

    - Classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), any applicable government department or other relevant organization.

    - Not permitted by the laws/rules/restrictions in force or no customs declaration is made when required by applicable customs regulations and/or any other relevant laws.

    Any items notified by BDE to be restricted and/or banned and/or dangerous and/or prohibited from time to time (such items including but are not limited to animals, bullion, currency, bearer from negotiable instruments, precious metals and stones, firearms or part thereof and ammunition, human remains, pornography and illegal narcotics/drugs). Details available in all Blue Dart offices on request and also available on the website www.bluedart.com.

    NOTE: ALL DISPUTES & CLAIMS ARE SUBJECT TO MUMBAI COURT.

This shipment is accepted by Blue Dart Express Limited through its employees and agents referred to collectively hereinafter as 'BDE' subject to the terms and conditions set out hereunder:

1. THE WAYBILL

   1.1. The BDE Waybill is non non-negotiable and the shipper acknowledges that it has been prepared by the shipper or by BDE on behalf of the Shipper.

   1.2. The responsibility of BDE for a shipment accepted under a Waybill ceases when the consignee acknowledges the receipt of the shipment by affixing his signature on the Return to Origin copy and/or the delivery sheet.

   1.3. All shipments under the Waybill are carried at Owner's risk.

2. SHIPPERS OBLIGATION AND ACKNOWLEDGEMENT

   2.1. By tendering materials for shipments via BDE it is deemed that the shipper agrees to the terms and conditions stated herein.

   2.2. The Shipper warrants that he is the owner or the authorised agent of the owner of the goods transported hereunder and that the shipper hereby accepts BDE terms and conditions for itself and/or as an agent for and on behalf of any other person having any interest in the shipment.

   2.3. The shipper warrants that each article in the shipment is properly described on this Waybill and it does not contravene the provisions of the Indian Post Office Act or any other law for the time being in force and has not been declared by BDE to be unacceptable for transport as specified under Section 12 below and that the shipment is properly marked and addressed and packed to ensure safe handling. The shipper also accepts that the shipper or consignee can be contacted by BDE for the purpose of feedback or any query related to the shipments sent by the shipper. The shipper indemnifies BDE against any claim or liability related to this.

   2.4. The shipper shall be solely liable for all costs and expenses (which shall without limitations include GST taxes and import duties) related to the shipments and for costs incurred either in returning the shipment to the shipper or warehousing the shipment pending such return.

   2.5. The Shipper accepts the condition that the shipment is being carried by BDE from point of rendering only up to the address shown on this Waybill and in case this shipment has to be rerouted/redirected/returned for any reason whatsoever, the shipper shall pay in advance all charges levied by BDE for such rerouting/redirection/return as per the normal schedule of BDE as also any GST, custom duties, warehousing charge, freight charges State Local Taxes and import duties etc. applicable thereon. BDE will hold such shipments at Destination mentioned on the Waybill for the maximum period of 10 days from the date of shipment. Thereafter, BDE reserves the right to destroy the shipment without informing the shipper and the shipper shall indemnify BDE against any claim or liability.

   2.6. GST (Goods & Service Tax) E-way bill is an electronic waybill for movement of goods which Government is planning to introduce to generate from GSTN (common portal).The Shipper should ensure compliance as prescribed under GST based on consignment value with effective date of roll out by Government. Any non-compliance in generation of E-way bill by Shipper may result in delay in delivery/non-delivery of shipments booked.

   2.7. GST shall mean any of the ‘Central Goods and Service Tax Act’ (CGST) or ‘Integrated Goods and Service Tax Act’ (IGST Act) or ‘State Goods and Service Tax Act’ (SGST Act) or ‘Union Territory Goods and Service Tax Act’ (UTGST Act) as may be applicable including Rules/amendments notified thereunder from time to time.

   2.8. Packing of the material rendered for the shipment is the responsibility of the shipper including placement of such materials inside the containers supplied by BDE, if any, notwithstanding anything else in these terms and conditions.

3. BDE RIGHT OF INSPECTION OF SHIPMENT

   3.1. BDE has the right but not the obligation to open and/or inspect the shipment.

   3.2. BDE reserves the right to refuse shipments for not conforming to these terms and conditions without assigning any reasons whatsoever.

4. INSURANCE

   4.1. While BDE has developed a sophisticated tracking system for all shipments carried in its network and has experienced manpower to handle all shipments, THE SHIPPER may, if he so desires insure his shipments at his own costs.

   4.2. BDE can arrange insurance of shipment on behalf of the shipper for the declared value of goods in respect of loss of or physical damage to such shipments. BDE shall be only responsible for the administrative facilitation and arrangement of the insurance policy. The said policy will be subject to the following terms and conditions:

    

   1. Shipper shall pay Freight on Value to BDE which will include applicable premium on the declared value and service charges of BDE.

   2. 'Shipments Insurance' does not cover any indirect loss or damage, or loss or damages caused on account of any delays in delivery of shipments.

   3. Loss or damage to the shipment shall be notified by the shipper/consignee to BDE immediately. The settlement of the claim shall be as per the assessment by the Surveyor appointed by the Insurance Company and shall be binding on the Shipper. Any difference between the amount claimed by the shipper and the actual settlement shall be borne by the Shipper and BDE will not be held liable under any circumstances.

   4. Notwithstanding anything slated hereinabove no claim shall be entertained under the Insurance Arrangement, if freight together with FOV charges are not paid by the shipper/consignee to BDE.

    

5. TAXES

   All taxes such as GST, custom duties, warehousing charges, freight charges and other statutory payments levied on the shipments are to be borne by the Consignee and in his absence the same will be borne by the SHIPPER. BDE will not extend any credit for GST, custom duties, port charges, warehousing charges, freight charges and other statutory charges.

6. CHARGEABLE WEIGHT

   6.1. Every shipment shall be charged by its chargeable weight as defined hereunder and not the actual weight. The chargeable weight shall be higher of (a) the actual weight rounded off to the next higher half kg. as per the rate category agreed to or, (b) the volume weight as in (a) above.

   6.2. Rates will be charged on the basis of dimensional weight or actual weight, whichever is higher. For shipments booked under Surface Network, dimensional weight will be calculated as follows:

   1 Cubic Foot (cft) = 10 kgs (LxBxH in feet = cubic feet measurement of the package)
   Cu.ft = 30 cm x 30 cm x 30 cm
   -------------------------------
   27000

7. LIEN ON GOODS SHIPPED

   7.1. THE SHIPPER acknowledges BDE's right of lien on its shipments for any outstanding freight, any other applicable charges, Central, State and local taxes, duties, levies, advances arising out of transportation and warehousing services, whether pertaining to past or present outstanding, in respect of any or all shipments carried under this Contract and may refuse to surrender possession of the shipments until all such charges are paid.

   7.2. Further, if such charges are not paid to BDE within 10 days, then BDE may store the goods at defaulting SHIPPER's/CONSIGNEE's own risk, including the warehousing charges and demurrage accruing thereon.

   7.3. BDE further reserves its right to sell the goods by public auction, tender, private agreement or otherwise or even destroy the goods without prejudice to BDE's other legal remedies to recover its costs, charges and expenses, if the charges as indicated aforesaid are not paid by the SHIPPER/CONSIGNEE within 10 days.

   7.4. BDE does not carry any perishable goods. However, in case of perishable goods, BDE shall have the right to dispose off/sell the goods immediately and without any notice and the shipper shall keep BDE indemnified against all claims, charges and expenses incurred by BDE due to such perishable goods entering into the network of BDE.

8. LIMITATION OF LIABILITY

   8.1. WITHOUT PREJUDICE TO SECTION 9 AND 10, THE LIABILITY OF BDE FOR ANY LOSS OR DAMAGE TO THE SHIPMENT (WHICH TERM SHALL INCLUDE ALL DOCUMENTS OR PARCELS CONSIGNED THROUGH BDE) SHALL BE THE LOWEST OF (A) ₹ 5,000/- OR (B) THE AMOUNT OF LOSS OR DAMAGE TO THE DOCUMENT OR PARCEL ACTUALLY SUSTAINED FOR SHIPMENTS WHICH ARE NOT INSURED AS MENTIONED BELOW and the actual value of the document or parcel so determined will be without regard to the commercial utility or special value to the shipper.

    

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

   2. The actual value of a parcel (which term shall include any item of commercial value which is transported hereunder) shall be ascertained by reference to its cost by repair or replacement/resale or fair market value not exceeding the original cost of the article actually paid by the shipper subject to and within overall limit of ₹ 5,000/-.

    

   8.2. In the event of any loss or damage to shipments, which are insured by the shipper, BDE may at the request of the SHIPPER, issue loss/damage/shortage Certificate with the sole purpose of enabling the SHIPPER to lodge insurance claim with its Insurance Company. The SHIPPER agrees and acknowledges that the loss/shortage/damage Certificate will be issued by BDE, without admission of any claim, and that BDE shall be discharged of all liabilities, if any, arising out of the shipment on acceptance of the loss/damage/shortage certified by the Shipper.

   8.3. In case of services such as, DOD/FOD etc. offered by BDE. BDE will not be held liable for any civil and/or criminal proceedings as regards any contractual obligations and payment terms between the shipper and the consignee. In the event of any default in payment on the part of consignee, the shipper will not hold BDE responsible for the same in any manner whatsoever. BDE merely carries the instrument under the authorisation conferred by the Shipper and cannot be challenged by the Shipper for the authenticity of such payment made.

9. CONSEQUENTIAL DAMAGES EXCLUDED

   BDE SHALL NOT BE LIABLE IN ANY EVENT FOR ANY CONSEQUENTIAL OR SPECIAL DAMAGES OR OTHER DIRECT OR INDIRECT LOSS, HOWSOEVER, ARISING WHETHER OR NOT BDE HAS KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, PROFITS, INTEREST, UTILITY OR LOSS OF MARKET.

10. LIABILITIES NOT ASSUMED

    10.1. In particular, BDE will not be liable for any loss and damage to the shipment or a delay in picking up or delivering shipment if it is:

     

    1. Due to acts of God, force majeure occurrence of any cause reasonably beyond the control of BDE or loss or damage caused through strikes, riots, political and other disturbances such as fire, accident of the vehicle carrying the goods, explosions beyond the control of BDE for the goods that are carried by BDE.

    2. Caused by:

        

       1. The act, fault or omission/commission of any act of the shipper/the consignee or any other party claiming an interest in the shipment (including violation of any terms or conditions thereof) or any other person.

       2. Carriers such as Airlines or Airways not adhering to schedule for any reason whatsoever.

       3. Government officials in discharge of their official duties such as Customs/GST inspection etc.

       4. The nature of the shipment or any defective characteristics or inherent vice therein.

       5. Electrical or magnetic injury erasure or other such damages to Photographic images or recording in any form.

        

     

    10.2. Notwithstanding what is stated above, whilst BDE will endeavor to exercise its best efforts to provide expeditious delivery in accordance with its regular delivery, BDE WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR DELAY IN PICK UP, TRANSPORTATION OR DELIVERY OF ANY SHIPMENT REGARDLESS OF CAUSE OF SUCH DELAYS.

    10.3. No liability is assumed for any errors and/or omissions in any information/data, which is imparted in respect of the shipment travelling under the Waybill.

    10.4. The shipper indemnifies BDE against loss, damages, penalties, actions proceedings etc. that may be instituted by any Government officials in discharge of their official duties including but not limited to Customs/GST inspection etc.

    10.5. Shipper agrees to indemnify BD and keep BD indemnified at all times against any and all liability, damages, loss which BD incurs or may incur due to breach of any obligations required to be done by the Shipper under the Provisions of "GST Acts".

11. CLAIMS

    11.1. Any claim must be brought by the shipper and delivered, in writing to the office of BDE nearest to the location at which the shipment is accepted within 30 days from the date of such acceptance. No claim can be made against BDE beyond this time limit.

    11.2. No claim for loss or damage will be entertained until all charges have been paid. The amount of any such claim will not be deducted from any transportation charges owed to BDE.

12. MATERIALS NOT ACCEPTABLE FOR CARRIAGE

    BDE will not carry materials as under:

    - Classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), any applicable government department or other relevant organization.

    - Not permitted by the laws/rules/restrictions in force or no customs declaration is made when required by applicable customs regulations and/or any other relevant laws.

    Any items notified by BDE to be restricted and/or banned and/or dangerous and/or prohibited from time to time (such items including but are not limited to animals, bullion, currency, bearer from negotiable instruments, precious metals and stones, firearms or part thereof and ammunition, human remains, pornography and illegal narcotics/drugs). Details available in all Blue Dart offices on request and also available on the website www.bluedart.com.

    NOTE: ALL DISPUTES & CLAIMS ARE SUBJECT TO MUMBAI COURT.

When ordering DHL’s services you, as "Shipper", are agreeing, on your behalf and on behalf of the receiver of the Shipment ("Receiver") and anyone else with an interest in the Shipment that these Terms and Conditions shall apply.

"Shipment" means all documents or parcels that travel under one waybill and which may be carried by any means DHL chooses, including air, road or any other carrier. A "waybill" shall include any Shipment identifier or document produced by DHL or Shipper automated systems such as a label, barcode, waybill or consignment note as well as any electronic version thereof. Every Shipment is transported on a limited liability basis as provided herein. If Shipper requires greater protection, then insurance may be arranged at an additional cost. (Please see below for further information). "DHL" means any member of the DHL Express Network.

1. CUSTOMS CLEARANCE

DHL may perform any of the following activities on Shipper’s or Receiver’s behalf in order to provide its services: (1) complete any documents, amend product or service codes, and pay any duties, taxes or penalties required under applicable laws and regulations ("Customs Duties"), (2) act as Shipper’s forwarding agent for customs and export control purposes and as Receiver solely for the purpose of designating a customs broker to perform customs clearance and entry and (3) redirect the Shipment to Receiver’s customs broker or other address upon request by any person who DHL believes in its reasonable opinion to be authorised.

2. UNACCEPTABLE SHIPMENTS

A Shipment is deemed unacceptable if:

• No customs declaration is made when required by applicable customs regulations.

• It contains counterfeit goods, animals, bullion, currency, gem stones; weapons, explosives and ammunition; human remains; illegal items, such as ivory and narcotics.

• It is classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), ADR (European Road Transport Regulation on dangerous goods) or other relevant organization ("Dangerous Goods").

• Its address is incorrect or not properly marked or its packaging is defective or inadequate to ensure safe transportation with ordinary care in handling.

• It contains any other item which DHL decides cannot be carried safely or legally.

3. DELIVERIES AND UNDELIVERABLE

Shipments cannot be delivered to PO boxes or postal codes. Shipments are delivered to the Receiver’s address given by Shipper but not necessarily to the named Receiver personally. Shipments to addresses with a central receiving area will be delivered to that area. DHL may notify Receiver of an upcoming delivery or a missed delivery. Receiver may be offered alternative delivery options such as delivery on another day, no signature required, redirection or collection at a DHL Service Point. Shipper may exclude some delivery options on request. If the Shipment is deemed to be unacceptable as described in Section 2, or it has been undervalued for customs purposes, or Receiver cannot be reasonably identified or located, or Receiver refuses delivery or to pay Customs Duties or other Shipment charges, DHL shall use reasonable efforts to return the Shipment to Shipper at Shipper’s cost, failing which the Shipment may be released, disposed of or sold without incurring any liability whatsoever to Shipper or anyone else, with the proceeds applied against Customs Duties, Shipment charges and related administrative costs with the balance of the proceeds of a sale to be returned to Shipper. DHL shall have the right to destroy any Shipment which any law prevents DHL from returning to Shipper as well as any Shipment of Dangerous Goods.

4. INSPECTION

DHL has the right to open and inspect a Shipment without notice for safety, security, customs or other regulatory reasons.

5. SHIPMENT CHARGES AND FEES

DHL’s Shipment charges are calculated according to the higher of actual or volumetric weight per piece and any piece may be re-weighed and re-measured by DHL to confirm this calculation. Shipper, or the Receiver when DHL acts on Receiver’s behalf, shall pay or reimburse DHL for all Shipment or other charges due, or Customs Duties owed for services provided by DHL or incurred by DHL on Shipper’s or Receiver’s behalf. Payment of Customs Duties may be requested prior to delivery. If DHL uses its credit with the Customs Authorities or advances any Customs Duties on behalf of a Receiver who does not have an account with DHL, DHL shall be entitled to assess a fee.

6. DHL’S LIABILITY

6.1. DHL’s liability in respect of any one Shipment transported by air (including ancillary road transport or stops en route) is limited by the Montreal Convention or the Warsaw Convention as applicable, or in the absence of such Convention, to the lower of (i) the current market or declared value, or (ii) 19 Special Drawing Rights per kilogram (approximately US $26.00/ per kilogram). Such limits shall also apply to all other forms of transportation, except where Shipments are carried only by road, when the limits below apply. For cross border Shipments transported by road, DHL’s liability is or shall be deemed to be limited by the Convention for the International Carriage of Goods by Road (CMR) to the lower of (i) current market value or declared value, or (ii) 8.33 Special Drawing Rights per kilogram (approximately US $14.00/ per kilogram). Such limits will also apply to national road transportation in the absence of any mandatory or lower liability limits in the applicable national transport law.
If Shipper regards these limits as insufficient it must make a special declaration of value and request insurance as described in Section 8 or make its own insurance arrangements. DHL’s liability is strictly limited to direct loss and damage to a Shipment only and to the per kilogram limits in this Section 6. All other types of loss or damage are excluded (including but not limited to lost profits, income, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to DHL’s attention.

6.2. DHL will make every reasonable effort to deliver the Shipment according to DHL’s regular delivery schedules, but these schedules are not binding and do not form part of the contract. DHL is not liable for any damages or loss caused by delay, but for certain Shipments, Shipper may be able to claim limited delay compensation under the Money Back Guarantee terms and conditions.

7. CLAIMS

All claims must be submitted in writing to DHL within thirty (30) days from the date that DHL accepted the Shipment, failing which DHL shall have no liability whatsoever. Claims are limited to one claim per Shipment, settlement of which will be full and final settlement for all loss or damage in connection therewith.

8. SHIPMENT INSURANCE

DHL may be able to arrange insurance covering the value in respect of loss of or damage to the Shipment, provided that the Shipper so instructs DHL in writing, including by completing the insurance section on the front of the waybill or by DHL’s automated systems and pays the applicable premium. Shipment insurance does not cover indirect loss or damage, or loss or damage caused by delays.

9. CIRCUMSTANCES BEYOND DHL’S CONTROL

DHL is not liable for any loss or damage arising out of circumstances beyond DHL’s control. These include but are not limited to electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings; any defect or characteristic related to the nature of the Shipment, even if known to DHL; any act or omission by a person not employed or contracted by DHL - e.g. Shipper, Receiver, third party, customs or other government official; "Force Majeure" - e.g. earthquake, cyclone, storm, flood, fog, war, plane crash, embargo, riot, civil commotion, or industrial action.

10. SHIPPER’S WARRANTIES AND INDEMNITIES

Shipper shall indemnify and hold DHL harmless for any loss or damage arising out of Shipper’s failure to comply with the following warranties and representations:

• All information provided by Shipper or its representatives is complete and accurate.

• The Shipment is acceptable for transport under Section 2 above.

• The Shipment was prepared in secure premises by reliable persons and was protected against unauthorized interference during preparation, storage and any transportation to DHL.

• Shipper has complied with all applicable customs, import, export, data protection laws, sanctions, embargos and other laws and regulations.

• Shipper has obtained all necessary consents in relation to personal data provided to DHL including Receiver’s data as may be required for transport, customs clearance and delivery, such as e-mail address and mobile phone number.

11. ROUTING

Shipper agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places.

12. GOVERNING LAW

Any dispute arising under or in any way connected with these Terms and Conditions shall be subject, for the benefit of DHL, to the non-exclusive jurisdiction of the courts of, and governed by the law of the country of origin of the Shipment and Shipper irrevocably submits to such jurisdiction, unless contrary to applicable law.

13. SEVERABILITY

The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions.

Further information is available on the DHL website (www.dhl.com) or from DHL Customer Service.

In terms of an agreement between Blue Dart Express Limited and Blue Dart Aviation Limited. Blue Dart Express Limited is entitled to the total capacity of the aircraft operated by Blue Dart Aviation Limited (Blue Dart Express and Blue Dart Aviation Limited are hereinafter collectively referred to as 'BD').

Conditions of Contract

Non international Carriage of Cargo (other than baggage & mail) Regulations 1980, BD hereby makes the following Regulations relating to the conditions of Non-international Carriage of Cargo, other than baggage and mail, performed by BD, and shall be binding upon all concerned parties:-

1. This shipment covered by other than baggage and mail, Waybill is accepted for carriage by BD, by its employees and agents, referred to collectively hereinafter as "BD", subject to terms and conditions set out as under

    

   1. The BD Waybill is Non Negotiable and the shipper acknowledges that it has been prepared by the shipper/his agent or by BD on behalf of the shipper. The shipper/consignor is responsible for the correctness of the particulars and statements relating to the Cargo which are mentioned in the waybill. The shipper/consignor shall indemnify the carrier against all damage suffered by him or any other person to whom the carrier is liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and statements furnished by the consignor.

   2. The responsibility of BD for a shipment accepted under an Waybill ceases when the consignee or his agent acknowledges receipt of the shipment.

   3. All shipments under the Waybill are carried at the shipper's/owner's risk.

   4. The BD Waybill is prima facie evidence of the conclusion of the contract, of the receipt of the cargo and the conditions of the carriage.

   5. (i) The consignor must furnish such information and attach to the Waybill such documents as are necessary to meet the formalities of customs, Octroi or Police before the cargo can be delivered to the consignee. The consignor is liable to the carrier for any damage occasioned by the absence, insufficiency or irregularity of any such information or documents, unless the damage is due to the fault of the carrier or his servants or agents.

      (ii) The carrier is under no obligation to enquire into the correctness or sufficiency of such information or documents.

    

2. Definitions

   In these regulations, unless there is anything repugnant in the subject or context:-

    

   1. "Government" means Government of India.

   2. "Company" means Blue Dart Aviation Limited/Blue Dart Express Limited.

   3. "Non-International Carriage" means other than international carriage as was defined in the Carriage by Air Act 1972.

   4. "Cargo" in this context will not include baggage and mail.

   5. "Waybills" means "Air Consignment Note".

   6. "Shipper" means "Consignor".

   7. "Carriage" means "Transportation".

   8. "Carrier" means the Carrier (that is Blue Dart Aviation Limited) issuing the Waybill and

   9. For the purpose of the exemption from and limitation of liability provisions set forth or referred to in the Waybill, "Carrier" includes agents, servants or representatives of the carrier.

    

3.  

   1. (i) Carriage hereunder is subject to the rules relating to liability established by Air Act 1972 (69 of 1972) as extended to non-international carriage with certain exceptions, adaptations and modifications vide Government of India, Ministry of Tourism and Civil Aviation Notification No: AV-11012/8/72 dated 30th March, 1973, published in Part II Sub-section (ii) of the Gazette of India dated 30.03.1973 and modified by Government of India, Ministry of Tourism and Civil Aviation Notification No:AV-11012/5/5/79-A dated 5th July 1980 in Part II Section 3, Sub-section (iii) of the Gazette of India 19.7.1980 and dated March 26th, 1992.

   2. Carriage hereunder is subject to:-

      I. Applicable laws, government regulations, orders and requirements.

      II. Provisions set out herein.

      III. Applicable tariffs, rules, regulations and time-tables (but not the times of departure and arrival therein) of the carrier, which are made part thereof and which may be inspected at any of its offices and at airports from which it operates regular services.

   3. The agreed stopping places (which may be altered by the carrier in case of necessity) and those places, except the place of departure and the place of destination, set forth on the face of the Waybill or shown in the Carrier's time-table as scheduled stopping places for the route.

   4. The shipper acknowledges that he has been given the opportunity to make a special declaration of the value of the goods at delivery and that the sum entered on the face of the Waybill as "Shipper's/Consignor's Declared value for carriage", if in excess of ₹ 450/= (Rupees four hundred fifty only) per kilogram, constitutes such special declaration of value and has paid a supplementary sum if the case so requires. In that case, the carrier will be liable to pay a sum not exceeding the declared sum.

    

4. In so far as any provision contained or referred to in the Waybill may be contrary to the mandatory law, government regulations, orders or requirements, such provisions shall remain applicable to the extent that it is not over-ridden thereby. The invalidity of any provision shall not affect any other part thereof.

5. Except as the provisions of the Second Schedule to the Indian Carriage Act, 1972 (69 of 1972) as applicable to carriage by air not being international carriage, with exceptions, adaptations and modifications thereof, or other applicable law may otherwise require:-

    

   1. The carrier is not liable to the shipper or to any other person for any damage, delay or loss of whatsoever nature (hereinafter collectively referred to as "Damage") arising out of or in connection with the carriage of goods, unless such damage, excluding delay, is proved to have been caused by the negligence or wilful fault of the carrier and there has been no contradictory negligence of the shipper, consignee or other claimant. The carrier will not be liable for damage caused by delay in carriage.

   2. The carrier is not liable for any damage directly or indirectly arising out of compliance with laws, Government regulations, orders or requirements or from any cause beyond the carrier's control.

   3. The charges of carriage having been based upon the value declared by shipper, liability shall in no event exceed the shipper's declared value for carriage stated on the face of the Waybill, and, in the absence of such declaration by shipper, the liability of the carrier shall not exceed ₹ 450/= (Rupees four hundred fifty only) per kilogram of goods destroyed, lost or damaged; all claims shall be subject to proof of value.

    

6. There shall not be any time limit fixed for the completion of carriage hereunder and that the carrier may, without notice, substitute alternate mode of transport, carriers or aircraft. The carrier does not assume any obligation to carry the goods by any specified aircraft or over any particular route or routes or to make connections to any point according to any particular schedule, and the carrier is authorized to select or deviate from the route or routes of the shipments, notwithstanding that the same may be stated on the face of the Waybill. The shipper shall guarantee the payment of all charges and advances.

7. The goods or packages said to contain the goods described on the face of the Waybill shall be accepted for carriage from their receipt at Shipper's premises or carrier's terminal or Airport office at the place of departure to the Airport at the place of destination, if so specially agreed, the goods or packages said to contain goods, described on the face of the Waybill, will also be accepted for forwarding to the airport of departure and for the re forwarding beyond the airport of destination, if such forwarding or re forwarding is by carriage operated by the carrier, such carriage shall be upon the same term as to liability as set forth in Regulations 3 and 5 above. In any other event, the issuing carrier and last carrier respectively, in forwarding or re forwarding the goods, shall do so only as agents of the shipper, owner or consignee, as the case may be, and shall not be liable for any damage arising out of such additional carriage, unless proved to have been caused by its own negligence or Willful fault. The shipper, owner and consignee will authorize such carriers to do all things deemed advisable to effect such forwarding or re forwarding including, but without limitation, selection of the means of forwarding or re forwarding, and the routes thereof (Unless these have been specified by the shipper), executing an acceptance of documents of carriage (which may include provisions exempting or limiting liability) and consigning of goods with no declaration of value, notwithstanding any declaration of value in the Waybill.

8. BD has the right but not the obligation to open and/or inspect any shipment. BD reserves the right to refuse shipments not conforming to these terms and conditions without assigning any reason whatsoever.

9. The carrier authorized (but shall be under no obligation) to pay any duties or charges, and to make any disbursements with respect to the goods, and the shipper, owner and consignee shall be jointly and severally liable for reimbursement thereof. It is necessary to make customs/octroi entry of the goods at any place, the goods shall be deemed to be consigned at such place to the person named on the face of the Waybill as customs/octroi/consignee or, if no such person be named, to the carrier carrying the goods to such places or to such customs consignee, if any, as such carrier may designate.

10. Except as otherwise specifically provided in the Waybill, Delivery of goods will be made to the consignee named on the face of the Waybill, or the consignee's authorized agent in writing, by a letter of authority accompanied by the consignee's copy of the Waybill. Notice of arrival of the goods will, in the absence of other instructions, be sent to the consignee by ordinary methods. The carrier will not be liable for the non-receipt or delay in receipt of such notice. In case urgency is pleaded, the carrier may deliver the consignment to the consignee or consignee's authorized agent without production of the consignee's copy of the Waybill upon a Bond being furnished. The value, for purpose of the Bond, will be calculated at the rate of ₹ 450/= (Rupees four hundred fifty only) per kilogram, of the weight of the consignment, where no value is declared. Where the value is declared for carriage of goods, the value for the purpose of the Bond would be the value of the goods declared.
    The delivery of the consignment in the aforementioned manner shall be a complete discharge of any responsibility or liability of the carrier.

11.  

    1. Receipt without complaint of any consignment at the time of delivery shall be prima facie evidence that the consignment has been delivered correctly and in good condition.

    2. No action shall be maintained in the case of damage to the goods, unless a written notice sufficiently describing the goods concerned, the approximate date of the damage and the details of the claims, is presented to the registered office of the carrier within 14 days from the date of receipt thereof, and in the case of loss (including non-delivery), unless presented within 90 days from the date of issue of the Waybill.

    3. Any rights to damage against the carrier shall be extinguished unless an action is brought within six months after the occurrence of the events giving rise to the claim.

     

12. The shipper shall comply with all applicable laws and all other Government regulations including those relating to security, packing, carriage or delivery of the goods, and shall furnish such information and attach such documents to the Waybill as may be necessary to comply with such laws and regulations. The carrier is not liable to the shipper or any other person for the loss or expenses due to shipper's failure to comply with this provision.

13. No agent, servant or representative of the carrier has authority to alter, modify or waive any provision of the Waybill.

14. The operator/carrier including its agents, servants or representatives shall always be entitled to open up the consignment to ensure the correctness of its contents, subject always to it being clearly understood that by doing so, the operator/carrier shall not undertake any responsibility or liability for any contravention of Rule 8 of Aircraft Rules 1937 by the consignor for which the consignor alone shall continue to be liable.

15. If carrier offers insurance and such insurance is requested and the appropriate premium is paid, and the fact recorded on the face hereof, the goods covered by this Waybill are insured under an open policy for the amount requested as set out on the face thereof (recovery being limited to the actual value of goods lost or damaged, provided that such amount does not exceed the insured value). The insurance is subject to the terms, conditions and coverage (from which certain risks are excluded) of the open policy, which is available for inspection at an office of the issuing Carrier by the interested party. Claims under such policy must be reported immediately to an office of the issuing carrier.

16. BD SHALL NOT BE LIABLE IN ANY EVENT FOR ANY CONSEQUENTIAL OR SPECIAL DAMAGES OR OTHER DIRECT OR INDIRECT LOSS HOWSOEVER ARISING, whether or not BD has acknowledged that such damage might be incurred, including but not limited to loss of income, profits, interest, utility or loss of market or otherwise. BD is also not liable for damages if BD proves that its agents have taken all necessary measures to avoid damage, or that it was impossible for them to take such measures.

17. ALL DISPUTES, CLAIMS SUBJECT TO MUMBAI COURT JURISDICTION.

NOTICE OF CARRIAGE OF PROHIBITED/RESTRICTED ARTICLES ON BOARD AIRCRAFT

Carriage of arms, explosives or dangerous goods which are prohibited under Sub-rule 1 of Rule 8, and such class of goods the carriage of which is permitted subject to provision of sub-rule (3) and (4) of the Aircraft Rule 1937, shall not be carried or cause or permitted to be carried in any aircraft, and contravention of this condition shall entail penal consequences under section 10 of the Aircraft Act 1934. For all purposes, consequence and liabilities shall always be determined according to the real nature of goods carried/sent irrespective of any declaration regarding the nature of goods. A list of prohibited/restricted articles is available at all our Cargo Booking Offices in case of any doubt as to whether the carriage of any goods is prohibited and are permitted, subject any condition. Necessary information may be obtained at all our Cargo Booking Offices.

When ordering DHL's services you, as "the shipper", are agreeing, on behalf of anyone else with an interest in the shipment that the Terms and Conditions shall apply from the time that DHL accepts the shipment unless otherwise agreed in writing by an authorised officer of DHL. The shipper's statutory rights and entitlements under any defined service feature (for which additional payment has been made) are not affected.

"Shipment" means all documents or parcels that travel under one Waybill and which may be carried by any means DHL chooses, including air, road or any other carrier. A "Waybill" shall include any label produced by DHL automated systems, Waybill, or consignment note and shall incorporate these Terms and Conditions. Every Shipment is transported on a limited liability basis as provided herein. If Shipper requires greater protection, then insurance may be arranged at an additional cost. (Please see below for further information). "DHL" means any member of the DHL Network.

1. Customs, Exports and Imports

DHL may perform any of the following activities on shipper's behalf in order to provide its services to Shipper:

1. Complete any documents, amend product or service codes, and pay any duties or taxes required under applicable laws and regulations.

2. Act as shipper's forwarding agent for customs and export control purposes and as receiver solely for the purpose of designating a customs broker to perform customs clearance and entry.

3. Redirect the shipment to receiver's import broker or other address upon request by any person who DHL believes in its reasonable opinion to be authorised.

2. Unacceptable Shipments

Shipper agrees that its shipment is acceptable for transportation and is deemed unacceptable if:-

• it is classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organisation), any applicable government department or other relevant organisation;
• No customs declaration is made when required by applicable customs regulations; or
• DHL decides it cannot transport an item safely or legally (such items include but are not limited to: animals, currency, bearer form negotiable instruments, precious metals and stones, firearms, parts thereof and ammunition, human remains, pornography and illegal narcotics/drugs).

3. Deliveries & Undeliverable

Shipments cannot be delivered to PO Boxes or postal codes. Shipments are delivered to the Receiver's address given by shipper (which in the case of mail services shall be deemed to be the first receiving postal service) but not necessarily to the named receiver personally. Shipments to addresses with a central receiving area will be delivered to that area. If receiver refuses delivery or to pay for delivery, or the shipment is deemed to be unacceptable, or it has been undervalued for customs purposes, or receiver cannot be reasonably identified or located, DHL shall use reasonable efforts to return the shipment to shipper at shipper's cost failing which the shipment may be released, disposed of or sold by DHL without incurring any liability whatsoever to shipper or anyone else, with the proceeds applied against service charges and related administrative costs and the balance of the proceeds of a sale to be returned to shipper.

Note: DHL does not deliver to PO boxes. Except to the Middle East where PO Box addresses with telephone numbers are the norm.

4. Inspection

DHL has the right to open and inspect a shipment without prior notice to shipper.

5. Shipment Charges & Billing

DHL's shipment charges are calculated according to the higher of actual or volumetric weight and any shipment may be re-weighed and re-measured by DHL to confirm this calculation. Shipper shall pay or reimburse DHL for all shipment charges, storage charges, duties and taxes owed for services provided by DHL or incurred by DHL on shipper's or receiver's or any third party's behalf and all claims, damages, fines and expenses incurred if the shipment is deemed unacceptable for transport as described in Section 2.

6. DHL's Liability

DHL contracts with the shipper on the basis that DHL's liability is strictly limited to direct loss only and to the per kilo/Ib limits in Section 6. All other types of loss or damage are excluded (including but not limited to lost profits, income, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to DHL's attention before or after acceptance of the shipment since special risks can be insured by shipper. If a shipment combines carriage by air, road or other mode of transport, it shall be presumed that any loss or damage occurred during the air period of such carriage unless proven otherwise. DHL's liability in respect of any one shipment transported, without prejudice to Sections 7-11, is limited to its actual cash value and shall not exceed the greater of US $100 or:

• US $20.00/kg or US $9.07/lb for shipments transported by air or other non-road mode of transportation; or
• US $10.00/kg or US $4.54/lb for shipments transported by road (not applicable to the US).
  Claims are limited to one claim per shipment settlement of which will be full and final settlement for all loss or damage in connection therewith. If shipper regards these limits as insufficient it must make a special declaration of value and request insurance as described in Clause 8 (Shipment Insurance) or make its own insurance arrangements, failing which shipper assumes all risks of loss or damage.

7. Time Limits for Claims

All claims must be submitted in writing to DHL within 30 days from the date that DHL accepted the shipment failing which DHL shall have no liability whatsoever.

8. Shipment Insurance

DHL can arrange insurance for shipper covering the actual cash value in respect of loss of or physical damage to the shipment, provided the shipper completes the insurance section on the front of the Waybill or requests it via DHL's automated systems and pays the applicable premium. Shipment insurance does not cover indirect loss or damage, or loss or damage caused by delays.

9. Delayed Shipments

DHL will make every reasonable effort to deliver the shipment according to DHL's regular delivery schedules, but these are not guaranteed and do not form part of the contract. DHL is not liable for any damages or loss caused by delays.

10. Circumstances beyond DHL's control

DHL is not liable for any loss or damage arising out of circumstances beyond DHL's control. These include but are not limited to:- "Act of God" - e.g. earthquake, cyclone, storm, flood, fog; "Force Majeure" - e.g. war, plane crash or embargo; any defect or characteristic related to the nature of the shipment, even if known to DHL; riot or civil commotion; any action or omission by a person not employed or contracted by DHL e.g. shipper, receiver, third party, customs or other government official; industrial action; and electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings.

11. Warsaw Convention

If the Shipment is transported by air and involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention ("Warsaw"), if applicable, governs and in most cases limits DHL's liability for loss or damage.

^* Not available for mail services.

12. Shipper's Warranties and Indemnity

Shipper shall indemnify and hold DHL harmless for any loss or damage arising out of shipper's failure to comply with any applicable laws or regulations and for shipper's breach of the following warranties and representations:-

• All information provided by shipper or its representatives is complete and accurate.
• The Shipment was prepared in secure premises by shipper's employees.
• Shipper employed reliable staff to prepare the Shipment.
• Shipper protected the shipment against unauthorised interference during preparation, storage and transportation to DHL.
• The shipment is properly marked and addressed and packed to ensure safe transportation with ordinary care in handling.
• All applicable customs, import, export and other laws and regulations have been complied with and
• The Waybill has been signed by shipper's authorised representative and the Terms and Conditions constitute binding and enforceable obligations of shipper.

13. Routing

Shipper agrees to all routing and diversion, including the possibility that the shipment may be carried via intermediate stopping places.

14. Governing Law

Any dispute arising under or in any way connected with these Terms and Conditions shall be subject, for the benefit of DHL, to the non-exclusive jurisdiction of the courts of, and governed by the law of, the country of origin of the shipment and shipper irrevocably submits to such jurisdiction, unless contrary to applicable law.

15. Severability

The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions.

^* For Shipments between India, Bhutan and Nepal.

This shipment is accepted by Blue Dart Express Limited by its employees and agents referred to collectively hereinafter as "BDE", subject to the terms and conditions set out hereunder.

1. THE WAYBILL

   1.1. The BDE Waybill is non-negotiable, and the shipper acknowledges that it has been prepared by the shipper or by BDE on behalf of the shipper.

   1.2. The responsibility of BDE for a shipment accepted under a Waybill ceases when the consignee acknowledges the receipt of the shipment by affixing his signature on the Return to Origin copy and/or the delivery sheet.

   1.3. All shipments under the Waybill are carried at the Owner's risk.

2. SHIPPER'S OBLIGATION AND AKNOWLEDGEMENT

   2.1. By tendering materials for shipments via BDE, it is deemed that the Shipper agrees to the terms and conditions stated herein.

   2.2. The Shipper warrants that he is the owner or the authorised agent of the owner of the goods transported hereunder, and that the shipper hereby accepts BDE terms and conditions for themselves and/or as an agent for and on behalf of any other person having any interest in the shipment.

   2.3 The Shipper warrants that each article in the shipment is properly described on this Waybill and it does not contravene the provisions of the Indian Post Office Act or any other law for the time being in force, and has not been declared by BDE to be unacceptable for transport as specified under Section 12 below, and that the shipment is properly marked and addressed, and packed to ensure safe handling.

   2.4. The Shipper shall be solely liable for all costs and expenses (which shall without limitations include customs duties, state and local taxes, imposts and levies) related to the shipment, and for costs incurred either in returning the shipment to the Shipper or warehousing the shipment pending return.

   2.5. The Shipper accepts the condition that the shipment is being carried by BDE from point of rendering only up to the address shown on this Waybill and, in case this shipment has to be rerouted/redirected/returned for any reason whatsoever, the shipper shall pay in advance all charges levied by BDE for such rerouting/redirection/return as per the normal schedule of BDE as also any customs duties, state and local taxes, imposts and levies etc. applicable thereon.

   2.6. Packing of material rendered for the shipments, including the placement of such materials inside the containers, if any, supplied by BDE, is the responsibility of the shipper notwithstanding anything else stated in these terms and conditions.

3. RIGHT OF INSPECTION OF SHIPMENT

   3.1. BDE has the right but not the obligation to open and/or inspect the shipment.

   3.2. BDE has the right to refuse shipments not conforming to these terms and conditions without assigning any reason whatsoever.

4. INSURANCE

   4.1. While BDE has developed a sophisticated tracking system for all shipments carried in its network and has experienced manpower to handle all shipments, the Shipper may, if he so desires, insure his shipments at his own cost.

5. CUSTOMS CLEARANCE

   5.1. By tendering the shipment to Blue Dart, the Shipper appoints Blue Dart as his agent to perform all customs clearance on behalf of the Shipper and the Consignee/Recipient and to furnish all information and documentation required for this purpose.

   5.2. The Shipper will be responsible for compliance with all export, import, re-export, and all applicable laws, rules and regulations of any country from, to and over which the shipment will be forwarded, and for all applicable documentation pertaining to the shipment. The Shipper will be responsible for any fines, duties, levies that may arise from non-compliance or violation of any laws, rules and regulations.

   5.3. BDE may, on the Shipper's behalf, complete any documents, amend product or service codes and pay any duties or taxes required under the applicable laws and regulation, in order to provide its services to the Shipper. BDE assumes no liability to the Shipper or any other person for any losses or expenses due to failure to comply with this provision.

6. CHARGEABLE WEIGHT

   6.1. Every shipment shall be charged by its chargeable weight as defined hereunder and not the actual weight. The chargeable weight shall be the higher of the actual weight and the volume weight, rounded off to the next half kilogramme.

   6.2. The volume weight of the shipment in kg is its gross cubic volume in centimetres (length x width x height) divided by 5,000 or as amended by IATA.

7. LIEN ON GOODS SHIPPED

   7.1. BDE will have a lien on goods shipped for all freight charges, Octroi, Customs, State and Local Taxes, advance or other charges of any kind arising out of transportation and warehousing services hereunder and may refuse to surrender possession of goods until such charges are paid.

   7.2. Further, if such charges are not paid to BDE within 10 days, then BDE may store the goods at the defaulting Shipper's/Consignee's own risk.

   7.3. BDE reserves its right to sell the goods by public auction, tender, private agreement or otherwise or even destroy the goods without prejudice to BDE's other legal remedies to recover its costs, charges and expenses if the charges as indicated aforesaid are not paid by the Shipper/Consignee within 10 days, except for restricted/banned items of goods as indicated in Section 12 hereunder.

   7.4. BDE does not carry any perishable goods. However, in case of perishable goods, BDE shall have the right to dispose off/sell the goods immediately and without any notice, and the Shipper shall keep BDE indemnified against all claims, charges and expenses incurred by BDE due to such perishable goods entering into the network of BDE.

8. LIMITATIONS OF LIABILITY

   8.1. Without prejudice to Section 9 & Section 10, for International Shipments/Consignments (Dox/WPX, Express Easy/Packaging Solutions, Regional Priority, Regional Apex) Blue Dart's maximum liability in respect of any one Shipment/Consignment transported by Air (including ancillary road transport or stops en route) is limited by the Montreal Convention or the Warsaw Convention as applicable, or in the absence of such Convention, to the lower of (i) the current market or declared value, or (ii) 19 Special Drawing Rights per kilogram (approximately US $26.00/ per kilogram). Such limits shall also apply to all other forms of transportation, where such transportation takes place in the performance of a contract or carriage by Air.

9. CONSEQUENT DAMAGES EXCLUDED

   9.1. BDE shall not be liable in any event for any consequential or special damages or other direct or indirect loss howsoever arising, whether or not BDE has knowledge that such damage might be incurred, including but not limited to loss of income, profits, interest, utility or loss of market.

10. LIABILITIES NOT ASSUMED

    10.1 In particular, BDE will not be liable for any loss or damage to the shipment or a delay in picking up or delivering the shipment if it is:

    1. Due to acts of God, force majeure occurrence including but not limited to, of any cause, reasonably beyond the control of BDE or loss or damage caused by strikes, riots, political and other disturbances such as fire, accident of the vehicle carrying the goods, explosions, beyond the control of BDE, for the goods that are carried by BDE.

    2. Caused by:

        

       1. The act, fault or commission of the shipper, the consignee or any other party claiming an interest in the shipment (including violation of any terms or conditions thereof) or any other person.

       2. Carriers such as Airlines or Airways not adhering to schedule for any reason whatsoever.

       3. Government officials in discharge of their official duties such as Customs/Taxation/Octroi/Inspection etc.

       4. The nature of the shipment or any defects, characteristics, inherent vice thereof.

       5. Electrical or magnetic injury, erasure or other such damages to photographic images or recording in any form.

        

       10.2. The Shipper indemnifies BDE against loss, damages, penalties, actions, proceedings etc. that may be instituted by any government officials in discharge of their official duties such as Customs/Taxation/Octroi inspection etc.

       10.3. Notwithstanding what is stated above, whilst BDE will endeavour to exercise its best efforts to provide expeditious delivery in accordance with its regular delivery schedules. BDE will not, under any circumstances, be liable for damages or loss caused by any delays.

       10.4. No liability is assumed for any errors and/or omissions in any information/data that is imparted in respect of the shipment travelling under the Waybill.

    3. CLAIMS

       11.1 Any claim must be brought by the shipper and delivered in writing to the office of BDE nearest to the location at which the shipment is accepted within 30 days of the date of such acceptance failing which, BDE shall have no liability whatsoever and the Shipper hereby forfeits and waives his rights in respect of such claim.

       11.2. No claim for loss or damage will be entertained until all charges have been paid. The amount of any such claim will not be deducted from any transportation charges owed to BDE.

    4. MATERIALS NOT ACCEPTED FOR CARRIAGE

       12.1. Except as per written agreement between Shipper and BDE

        

       • Not permitted by the laws/rules/restrictions in force and
       • Any items notified by BDE to be Restricted/Banned/Dangerous/Prohibited item, including share certificates and blank signed share transfer forms.

        

       BDE shall not be liable for any such shipment, and the Shipper shall keep BDE indemnified against all claims, charges and expenses incurred by BDE due to such Restricted/Banned/Dangerous/Prohibited items entering into the network of BDE through the Shipper.

       12.2. A detailed list of materials not accepted for carriage is available on request.

       NOTE: ALL DISPUTES AND CLAIMS ARE SUBJECT TO THE EXCLUSIVE AND IRREVOCABLE JURISDICTION OF COURTS IN MUMBAI ONLY WITHOUT REGARD TO PRINCIPLES OF CONFLICTS OF LAWS.