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1. Jurisdiction
The Company (IndiaRelo.com Pvt. Ltd.) and the Owner
agree that this transaction shall be governed by the laws of the State of
Delhi.
2. Company's Liability
The Company's liability shall be limited to the value of the actual loss or
damage to a maximum liability of Rs 25 per Kg per article, piece or package
with the exception of Boats, Automobiles, or other motorised vehicles, for
which the maximum liability is Rs 9 per kg. The Owner may elect to complete a
valued inventory of his goods and purchase All Risk Insurance arranged through
the Company, in which event coverage will increase to the values so purchased
and the terms and conditions of the Insurance Policy will apply. The client is
to ensure that a valued inventory list is provided and insurance application
form completed before the shipment is picked up from the residence and that
premium is paid. If no application is completed, it will be presumed that the
client does not require insurance to be arranged through the Company.
3. Exclusions
The Company will not be liable for the following losses or damages.
(a) Loss or damage caused by wear and tear, dampness or atmosphere,extremes of
temperature, deterioration, moth or other insects, inherent vice and hidden or
internal damage to goods not packed or unpacked by the Company or its, agents.
(b) loss or damage to documents, accounts, specie, bills, currency, money,
notes, securities, jewellery, watches, precious stones, furs or any similar
items.
(c) Breakage, chipping, marring, denting or scratching unless the item is packed
by the Company or it's agents;
(d) The contents of packages and articles in drawers of furniture unless packed
by the Company or its agents;
(e) Mechanical or electrical malfunctions of items with electronic or mechanical
components such as entertainment or household appliances, computers, auto-
mobiles or other vehicles or boats unless evidenced by external damage to such
items;
(f) Piano tuning;
(9) Deterioration or injury to perishable foods, plants, congoleums of
linoleums;
(h) Damage to waterbed mattresses however caused;
(i) Delays caused by faulty or impassable highways; lack of capacity of any
high-way, bridge, ferry or caused by breakdown or mechanical defect of
vehicles, vessels or aircraft;
Goods placed in storage are stored at owner's risk.. Storage rates do not include
insurance.
4. Beyond Reasonable Control
The Company is not liable for loss, damage or delay caused by an act
of God, public enemies, riots, strikes, acts or defaults of the Owner, the
authority of law, quarantine, failure of any carrier en route, the costs of
marine general averages or any cause beyond the Company's reasonable control.
5. Absence of Owner or his Agent at Loading or Delivery.
Where, through no fault of the Company, the final carrier is unable to
effect delivery to the Owner or at the Owner's request the shipment is stopped
and held en route, the goods may be kept at a public, licensed warehouse,
subject to reasonable charges for storage and there held at the risk of
the owner, without liability to the Company and Subject to a lien for all
freight and other lawful charges including a reasonable charge for storage.
Where the Company is directed to take property from a place or places at which
the Owner, or his agent, are not present, the property shall be at the risk of
the Owner. Similarly, goods shall be delivered at Owner's risk at places where
no authorised person is present to receive and sign for the shipment.
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6.
Rights of Subrogation and Payment of Lawful Charges
The Company is entitled to recover from any shipping line, air line,
rail, road carrier or warehouseman involved in this contract, the amount of any
loss, dam- age or injury that it may be required to pay hereunder, caused by or
resulting from their handling of the goods. Loss or damage en route shall not
relieve the owner from the Owner's obligations hereunder to pay freight and all
other lawful charges accruing from the moving and or storage services.
7. Explosives and or Dangerous Goods
Any person, whether as owner or agent, shipping or storing explosives or
dangerous goods without previous full written disclosure of their nature to the
Company or its agent, shall indemnity the Company against all loss, damage or
injury caused thereby and the goods may be warehoused at the risk and expense
of the Owner.
8. Storage of Household Goods
(a) The Owner agrees
(1) To notify the Company within 2 days from the date of pick up, of any
goods not listed on the receipt. Failing such notification, the Company shall
be responsible only for the goods listed on the inventory.
(2) To notify the Company in writing and within 30 days of any change in
address.
(3) To pay all or any charges for storage services as provided in this
Agreement. Storage charges shall be assessed monthly or quarterly in advance of
each month or quarter or part thereof. Accounts are payable forthwith when
invoiced and thereafter, subject to a service charge of 2% per month on a
monthly compound basis.
(b)Written notification of any adjustment to monthly storage charges will be
provided 90 days in advance;
(c) The Company reserves the right
(1) To transfer the goods stored hereunder to any other Company or agent's
warehouse within the local region. Such transfer will be at the Company's
expense and subject to providing the Owner with written notification of the
change.
(2) To terminate the storage contract by providing the Owner with 90 days
written notice. In the event that the Owner fails to remove the goods in the
time specified then the Company may do so at Owner's expense.
(3) To require seven (7) days written notice of intended total removal of goods
from storage or of any access for examination or partial removal. Delivery and
or access charges are in addition to monthly storage rates and will be charged
at the rates prevailing at the time.
(d) The Company shall have a general lien on any and all property deposited with
it. In the event that storage and other related charges are not paid when due,
and after the required notice to the Owner and public announcement, the goods
shall be sold at public auction, as required by law, with the proceeds going
firstly to pay accrued storage and related charges and the expenses incurred in
the sale of the goods.
9. Claims
Any and all claims for loss or damage to the goods shall be submitted
to the Company. Initial written notification of such loss or damage must be
reported within 15 days of delivery of the goods. A full written report,
setting out the detail of the claim, including estimates of the amount claimed
must be submitted to the Company within 30 days of full delivery. In the
absence of these notification the Owner hereby waives and agrees to waive all
claims for loss or damage. Claims for missing items will only be reviewed if
the shortages / loss is noted on the delivery document / receipt at the time of
accepting delivery from the Company or its representative/agent.
10. Imports
When the Company acts as a sub-contractor to deliver imports the Terms
and Conditions covering such shipments are those contained in the contract
between the Client and the Originating Mover.
11. Contract
These terms and conditions taken along with the information provided
on the quotation shall represent the entire agreement.
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