DOMESTIC CONSIGNMENT NOTE TERMS AND CONDITION OF CARRIAGE (“Terms and Conditions”)
By tendering articles and/or documents for shipment (“Shipment”) under this Consignment Note (“CN”) via DHL eCommerce (India) LLP (“DHL”), which term shall include its authorized agents and affiliated companies, their officers, directors and employees, the shipper (“Shipper”) on its behalf and on behalf of anyone else with an interest in the Shipment, agrees to the Terms and Conditions stated herein. No agent, employee or servant of DHL or of the Shipper shall alter or modify these Terms and Conditions.
The liability of DHL and its employees and agents is strictly limited to the amount stated in these Terms and Conditions. The Shipper is therefore advised to ensure that its interests are fully protected in all events by purchasing all risk insurance cover from any insurer.
1. THE CONSIGNMENT NOTE
1.1. This CN is non-negotiable and the Shipper acknowledges that it has been prepared by the Shipper or by DHL on
behalf of the Shipper.
1.2. The Shipper warrants that it is the owner of the Shipment or that it is the authorized agent of the owner of the
1.3. The Shipper hereby accepts these Terms and Conditions for itself and as agent for and on behalf of any other
person having any interest in the Shipment.
1.4. The Shipment is carried entirely at the risk of the Shipper.
2. SHIPPER’S OBLIGATIONS AND ACKNOWLEDGEMENTS
2.1. The Shipper warrants that each article in the Shipment is properly described on this CN, that it does not contain
any of the articles declared by DHL to be unacceptable for carriage as specified under Clause 11 below and that the Shipment is properly packed, marked and addressed to ensure safe carriage, with normal care in handling.
2.2. The Shipper is responsible for the correctness of the particulars and statements relating to the Shipment
mentioned in this CN. The Shipper indemnifies DHL against all damage suffered by DHL or any other person to whom
DHL is liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and statements
furnished by the Shipper.
2.3. In the event:
2.3.1 an article in the Shipment is declared by DHL to be unacceptable;
2.3.2 the Shipper has undervalued or
misdeclared the value of the Shipment (whether intentionally or otherwise);,
2.3.3 the consignee refuses delivery or to pay on delivery;
2.3.4 the consignee cannot be reasonably identified or located;
2.4. The Shipper shall be solely responsible for all documentation in connection with Shipment and all fines,
penalties, costs, expenses, demurrage charges, detention charges etc. imposed on the Shipment shall be payable by
the Shipper alone.
2.5. Unless stated otherwise in writing, the Shipment is carried by DHL from the booking offices of DHL or from
shipper’s door from the address given in the consignment note up to the address shown on this CN.
2.6. In the event the Shipment has to be rerouted/redirected/returned for any reason whatsoever, the Shipper shall
pay in advance all charges levied by DHL for such rerouting/redirection/return, and also any fines, penalties, damages, costs, expenses, including, but not limited to, octroi, central, state and local taxes etc. and also provide necessary
document for such change.
2.7. The Shipper acknowledges that DHL is not a common carrier. DHL reserves the right to refuse the carriage of any
shipment for any persons or the carriage of any class of articles, at its sole discretion, without assigning any reason
3. RIGHT OF INSPECTION OF SHIPMENT
3.1. DHL shall have the right, but not the obligation, to inspect and/or to open the Shipment at its sole discretion
without giving notice whatsoever to the Shipper.
3.2. DHL shall have the right to re-weigh, re-measure and re-classify the Shipment and to re-calculate the freight and
other charges payable before delivery of’ the Shipment in accordance with the provisions hereof (except where DHL
has agreed to provide credit terms to the Shipper).
4. LIEN ON GOODS SHIPPED
4.1. DHL shall have a general lien on all articles in its possession, custody or control for any monies whatsoever due
from the Shipper and such general lien shall extend to all freight charges, duties, fines, penalties, damages, costs,
expenses, including, but not limited to, octroi, central, state and local taxes or any other charges of any kind arising
out of carriage hereunder.
4.2. DHL shall be entitled to detain any shipment at the Shippers own risk until such dues are paid and, without
prejudice to DHL’s other legal remedies to recover its dues, DHL shall be entitled, after giving 7 (Seven) days notice to
the Shipper, to sell the articles by public auction, tender, private agreement or other wise or even destroy the goods as agent for and at the expense of the Shipper and apply the proceeds in or towards the payment of such sums. Upon accounting to the Shipper for any balance remaining after payment of any sums due to DHL and any costs of retention, sale or disposal, DHL shall be discharged of any liability whatsoever in respect of the Shipment.
5. LIMITATION OF LIABILITY
The liability of DHL for any loss or damage to the Shipment is
DHL shall use reasonable efforts to return the Shipment to Shipper
at Shipper's cost, failing which, the Shipper hereby authorizes DHL
to retain or dispose or sell any/all articles in the Shipment without or
incurring any liability whatsoever to the Shipper or anyone else. Upon accounting to the Shipper for any balance remaining after payment of any sums due to DHL and any costs of retention, disposal or sale, DHL shall be discharged of any liability whatsoever in respect of the Shipment. The Shipper shall indemnify DHL against all claims, demands, proceedings, fines, penalties, damage, costs and expenses suffered by DHL or by any other person to whom DHL is liable in respect hereof.
2.4. The Shipper shall be solely responsible for all documentation in connection with Shipment and all fines, penalties, costs, expenses, demurrage charges, detention charges etc. imposed on the Shipment shall be payable by the Shipper alone.
b) The Deemed Value of the Shipment as determined under Clause 6 hereof without regard to its commercial utility or special value to the Shipper.
6. DEEMED VALUE
The Deemed Value of the Shipment carried hereunder shall be ascertained by reference to its cost for repair or replacement, resale or fair market value at the time and place of shipment and in any event shall not exceed the original cost of the article actually paid by the Shipper plus 10% of such cost but always subject to an overall limit of Rs. 5000/- (Rupees Five Thousand only).
7. CONSEQUENTIAL DAMAGES EXCLUDED
Notwithstanding anything contained herein, DHL shall not be liable in any event for any consequential or special damages or other indirect loss, howsoever arising whether or not DHL has acknowledged that such damages might occur, including, but not limited to loss of income, profits, interest, utility or loss of market.
8. LIABILITY NOT ASSUMED
8.1. DHL will endeavor to exercise its best efforts to provide expeditious delivery in accordance with the regular delivery schedules.
8.2. DHL shall not be liable, under any circumstances, for delay in pick up, carriage or delivery of the Shipment, regardless of cause of such delay. No claims whatsoever in this regard shall be entertained by DHL at any point of time.
8.3. DHL shall also not be liable for any loss, damage, mis-delivery or
a) Due to acts of God, force majeure, or any cause reasonably beyond the control of DHL or
b) Caused by:
i) The act, default or omission of the Shipper, the consignee or any
party who claims an interest in the Shipment (including violation of any of these Terms and Conditions) or of any other person, particularly a person to whom the Shipment is tendered by DHL for carriage to any location not regularly served by DHL, regardless of whether the Shipper requested or had knowledge of such third party delivery arrangement;
ii) The nature of the Shipment or any defect in its characteristics or inherent vice thereof;
iii) Electrical or magnetic injury, erasure or such damage to electronic or photographic images or recordings in any form;
iv) Government officials in discharge of their official duties such as Customs/Taxation/Octroi Inspection etc.
8.4. The Shipper/consignee are jointly and severally responsible for handing over all the documents relating to the Shipment (“Transit Documents”) to DHL at the booking offices of DHL. DHL will take all reasonable care for the safe handling of the Transit Documents.
8.5. In the event Transit Documents such as excise gate passes or sales tax permits etc. are misplaced by the employees/agents of DHL, DHL will notify the Shipper/ consignee of such missing documents. DHL shall not be responsible and/or liable for any loss or damage whatsoever caused to the Shipper/consignee in respect hereof.
office. DHL shall be entitled to require proof in respect of any claim
that the Shipment was undamaged when carriage commenced.
9.UNDELIVERED OR UNCLAIMED CONSIGNMENTS
9.1. Acceptance of the Shipment by the consignee at the time of delivery without any remark will constitute a clean delivery and complete discharge of the contract of carriage by DHL and its liability arising therefrom.
9.2. Claims for loss/damage to the Shipment, if any, must be brought by the consignee and delivered in writing to the nearest booking office of DHL to the location at which the Shipment is accepted within 14 days of the date of such acceptance, failing which, DHL shall have no liability whatsoever. No claim shall be entertained by DHL outside of this time limit and no communication shall be entertained by DHL beyond the said period.
9.3. As a condition for DHL considering any claim for loss/damage, the consignee must make the contents, original cartons and packaging available for inspection by DHL which must be retained until the claim is concluded. DHL reserves the right to inspect the alleged damaged Shipment and to retrieve it for inspection at a DHL booking
9.4. Claims are limited to one claim per Shipment settlement of which will be full and final settlement for all loss or damage in connection
9.5. No claim for loss or damages will be entertained until all
charges/payable hereunder have been paid. The Shipper shall not deduct any claim amount from any charges owed to DHL.
10. MODE OF CARRIAGE
10.1. Wherever applicable, DHL reserves the right to arrange carriage of Shipment by the mode of carriage best suitable for expeditious delivery.
10.2. DHL reserves to itself the right without assigning any reason whatsoever to change from any usual or customary route(s) and to carry the Shipment by any other route(s) it may think fit.
11. MATERIALS NOT ACCETABLE FOR TRANSPORTATION
11.1. The following articles will not be accepted for carriage:
a) Hazardous & Dangerous Goods as per the list of DHL;
b) Chemicals and drugs (provided however, such shipments may be accepted if they do not fall under the category of Hazardous and Dangerous goods and the Shipper provides a declaration in writing to the effect that the contents are harmless and non-
c) Precious Cargo in the form of gold, bullion, silver, jewellery,
gems, precious stones and other precious metals, currency
notes, traveler’s cheques, antiques, stamps;
d) Live-stock, human remains, firearms, drugs, lewd, obscene or
e) Items the carriage of which are prohibited by any law, statute or
f) Any items as may from time to time be notified by DHL to be
restricted and/or banned and/or hazardous and/or dangerous
and/or prohibited for carriage.
11.2. The Shipper shall indemnify DHL against all claims, demands,
proceedings, fines, penalties, damage, costs and expenses suffered by DHL or by any other person to whom DHL is liable in respect hereof whether or not the Shipper was aware of the nature of such articles.
11.3. DHL reserves the right to refuse, hold, cancel, postpone or return the Shipment at any time if the Shipment, would, in the sole and exclusive view of DHL be likely to cause damage or delay to other shipments.
The articles provided in Clause 11.1 above shall be carried solely at the Shipper’s risk.
The fact that DHL accepts a Shipment does not mean that such Shipment conforms to applicable laws and regulations or to these Terms and Conditions.
12.1. A Shipment shall be considered to be undeliverable if:
a) the consignee's address is incomplete, illegible, incorrect or cannot
b) the consignee fails or refuses to accept delivery or sign for delivery
within a period of 3 (Three) days from the date the attempt to
deliver the Shipment is made;
c) it would likely cause damage or delay to other shipments; d) it contains prohibited items;
e)its contents or packaging are damaged to the extent that re- wrapping is not possible;
f) it is detained or otherwise unable to clear local or State boundaries..
12.2. In case a Shipment is undeliverable or unclaimed, DHL shall notify the Shipper in writing requiring it to remove the Shipment within a period of 15 (Fifteen) days from the date of receipt of the notice. Applicable storage and halting charges will be charged to Shipper for such period. In the event of failure to comply with the requisitions of such notice, DHL shall have the right, but not the obligation, to sell such consignment without any further notice to the Shipper or the consignee, as the case may be without incurring any liability whatsoever to the Shipper/consignee or any other person. Upon accounting to the Shipper for any balance remaining after payment of any sums due to DHL and any costs of sale, DHL shall be discharged of any liability whatsoever in respect of the Shipment. The Shipper shall indemnify DHL against all claims, demands, proceedings, fines, penalties, damage, costs and expenses suffered by DHL or by any other person to whom DHL is liable in respect hereof.
12.3. In case of perishable articles which remain undelivered or unclaimed, DHL shall have the right to dispose off/sell the same immediately and without any notice and the Shipper shall keep DHL indemnified against all claims, charges and expenses incurred by DHL due to such perishable articles carried by DHL.
13. GOODS AND SERVICES TAX (“GST”)
13.1. The Shipper warrants that it shall declare:
a) Its GST registration number as per the provisions of GST Act.
b) GST Registration number of the consignee.
c) Its Excise registration details and that of the consignee (If
d) Details of E-Way bill, as mentioned in the Para 13.4
13.2. If the shipment is detained for non-provision of information as
mandated in the clause 13.1, the shipper or consignee as the case may be, will be solely and exclusively responsible for all the consequences of such detention and the Shipper and/or consignee shall indemnify DHL against all claims, demands, proceedings, fines, penalties, damage, costs and expenses suffered by DHL or by any other person to whom DHL is liable in respect hereof.
13.3. In any matters relating to GST or excise duty or any other tax relating to goods or consignments, the responsibility rests solely with the shipper or consignee as the case may be, and DHL shall in no case be liable or accountable for the same.
13.4. Shipper and/or consignee has to create E-Way bill on GSTN portal and fulfill their obligation as per provisions of GST law. DHL will update details required to be updated by transporter as per the provisions of GST law. DHL will not be responsible for the error/ omission in E-Way Bill which is the responsibility of shipper and/ or consignee.
14. SCHEDULE OF HALTING CHARGES
Halting chargeable will be as per contract.
Any claim or dispute arising between the parties as to the performance or non-performance of the foregoing terms and conditions shall be subject to the sole and exclusive jurisdiction of the courts at Mumbai, without regard to principles of conflict of laws.
Any failure by DHL to enforce or apply a provision of these terms does not constitute a waiver of that provision and does not otherwise impair DHL’s right to enforce such provision.
17. PREVAILING PARTY
If the Shipper/DHL commences an action against the other to interpret or enforce any of the terms of these Terms and Conditions or as a result of a breach by the other of any of its terms, the prevailing Party shall be entitled to recover from the non-prevailing Party reasonable attorneys' fees, costs and expenses incurred by the prevailing Party in connection with such action.
If any provision of these Terms and Conditions is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms and Conditions shall continue to remain in full force and effect.
DHL reserves the right to unilaterally modify, amend, change or supplement these Terms and Conditions without notice. These Terms and Conditions are published in printed form and are available at the registered office of DHL at 701B, Silver Utopia, Cardinal Gracias Road, Andheri (E), Mumbai 400 099.
20. REMEDIES CUMULATIVE
The rights and remedies given in these Terms and Conditions shall be deemed cumulative, and the exercise of one of such rights/remedies shall not operate to bar the exercise of any other rights and remedies reserved under the provisions of these Terms and Conditions or given by law or in equity.
21. ENTIRE AGREEMENT
These Terms and Conditions set out the entire agreement and understanding between the Shipper and DHL in respect of the subject matter and supersedes any prior agreement (whether oral or written) relating to it.