The terms and conditions stipulated herein as a part of the Waybill are in addition to the Service (Transportation) Contract / Service Work Order, if any, signed/agreed between BeeBrisk Supply Chain Solutions Private Limited and Parties (Consignor / Consignee).
1. Definitions:
i. Parties: Mean and include Consignor (shipper of good), Consignee (receiver of goods) or their authorized representatives as specified on the face of the Waybill.
ii. BeeBrisk: Wherever mentioned is a term used for legal entity BeeBrisk Supply Chain Solutions Private Limited.
iii. Delivery: Means tender of consignment (goods as per the Waybill) to the parties or intimation about the arrival of the consignment at destination service gateway
iv. NCV: Means “No Commercial Value” as declared by the parties and as specified on the face of the Waybill
v. TO PAY: Means freight to be collected at the time of the delivery of the consignment in cash/cheque/demand draft/Electronic fund transfer (RTGS/NEFT/UPI) either by Consignee or Consignor as specified on the face of the Waybill.
2. BeeBrisk Waybill and declaration
i. BeeBrisk Waybill is not NEGOTIABLE with any bank / any finance company / financial institution.
ii. The Waybill is a contract between BeeBrisk and the Consignor / Consignee of the goods specified on the face of the Waybill for transportation of the said goods.
iii. The Waybill is issued strictly on the basis of declaration given by the parties. BeeBrisk shall not be responsible for any wrongful declaration.
iv. The parties hereby declare that the consignment covered under the Waybill does not include any dangerous explosives, hazardous, inflammable, combustible contraband and prohibited goods, bullion, gems, currency notes, etc., unless permitted by the government and unless properly and securely packed in accordance with existing regulations, if any. Prior to the booking of such goods, the consignor shall give notice to BeeBrisk and shall make declaration as to the nature and character of such goods, otherwise such goods may be landed at any place enroute and destroyed, rendered innocuous or dealt with as the carrier may deem fit. The consignor of such goods shall be liable to make good all loss, damage, destruction expense (directly or indirectly) arising out of or resulting from the booking/carriage of such goods.
v. Every consignment shall be charged by its chargeable weight. In case of any discrepancy found by BeeBrisk in the weight / dimension declared by the Consignor at the time of booking and the actual chargeable weight, the differential charges shall be collected from the parties.
vi. The freight will be charged as per the contracted//tariff rates. In case where the rate mentioned in the Waybill is found to be less than the contacted/tariff rates, the differential rates shall be collected from the parties.
3. Statutory documentation and payments
i. The onus of proper documentation with respect to sales tax, VAT, excise duty, customs and any statutory laws lies with the parties. The parties must provide accurate details of the Consignor and Consignee name, address, contact numbers, email IDs along with the required and valid statutory forms, permits, waybill invoices / STNs, etc. as per the statutory requirements.
ii. BeeBrisk shall not be made responsible / liable in case of any deficiency in the documents / statutory requirements.
iii. Parties hereby undertake to make good the loss to BeeBrisk in case of seizure by any statutory authority due to improper and incomplete documentation as a result other consignment(s) also getting delayed resulting in a loss to BeeBrisk.
iv. The parties are solely responsible for all payments, if any, levied by the statutory authorities such as octroi, entry tax, toll tax, goods tax, service tax or any other tax levied from time to time.
v. In the event of any consignment being held up by any statutory authority including but not limited to sales tax, excise duty, customs, check post officials, octroi and entry tax officials, etc., BeeBrisk shall not be responsible for any consequential loss. Further, parties have agreed to make good the loss to the BeeBrisk in case of any claims being lodged on BeeBrisk by statutory authorities due to incomplete documents or wrongful declaration.
4. Carrying terms and liabilities
i. We carry under The Carriage by Road Act (The Carrier’s Act).
ii. BeeBrisk is entitled to use any mode and route for transportation.
iii. No employee, except management of BeeBrisk may in any manner, alter or modify the terms and conditions set on this Waybill.
iv. The consignments are accepted for transportation by BeeBrisk on Consignor’s declaration that they do not contain any contraband or prohibited goods and are properly packed, marked and addressed so as to ensure safe transportation and delivery.
v. As the contents, nature, quality, condition of the booked consignments are not known to BeeBrisk and the same is accepted on “said to contain” (as packed and declared by the parties) basis as indicated on the face of the Waybill, BeeBrisk shall not, in any way, be held responsible or liable to the parties for any loss of / damage to or non-delivery / part delivery attributable to or caused by any incorrect or false declaration and/or defective packaging, marking or addressing of the consignment by Consignor.
vi. The liability of BeeBrisk, if any, shall be to the extent of freight charges only.
vii. BeeBrisk’s liability through this Waybill is limited to Rs. 100/- (Rupees one hundred only) per kg subject to a maximum of Rs. 5000/- (Rupees five thousand only) or cost of repairs whichever is lower, in case additional risk charges are not paid by the parties to BeeBrisk at the time of booking. In case additional risk charges are paid to BeeBrisk at the time of booking, BeeBrisk is liable to the extent of the actual cost of the consignment value declared by the parties or the actual loss suffered by the parties as per the documents issued by BeeBrisk (whichever is lower).
viii. When the value of the consignments is declared by the parties as NCV, the liability of BeeBrisk towards transit losses shall be restricted to Rs. 100/- (Rupees one hundred only).
ix. BeeBrisk assumes no responsibility and liability in case material is outwardly intact at the time of effecting delivery. Lodging claims for damage, shortages, breakage, leakage, pilferages, etc. after taking delivery will not be entertained in any circumstances whatsoever.
5. Force Majeures
While BeeBrisk shall use its best efforts to effect delivery of the consignment as per the contacted terms, but BeeBrisk will not, in any circumstances, assume any responsibility or liability for any loss/damages (direct or consequential), irrespective of the amount involved, if it is caused due to the following:
i. Act of God, Force Majeure, natural calamities or causes, floods or convulsions of nature, any variations in temperature, weather conditions, etc., fire and explosion, accidents to the carrying vehicles by or the action of terrorists, militants or activists or by persons acting from a political motive or caused by or resulting from strikes, lock-downs, labour disturbances, riots or civil commotions, etc.
ii. Any act, default, omission on the part of the Consignor/Consignee or any other interested third party, howsoever arising.
iii. “Inherent Vice” or the nature of any special characteristics of the consignment and;
iv. Electric or magnetics injury, erasure or other such damage to exposed photographic images, electronic pictures or videos, files, tapes, etc.
6. Lien on consignment
i. BeeBrisk shall have a right to general lien over all the consignment of parties up to an extent of dues payable to BeeBrisk.
7. Delivery and freight payments
i. The delivery of consignment shall only be made to the Consignee (receiver) as mentioned on the face of the Waybill.
ii. The delivery, in case of FREIGHT TO PAY mode consignment, shall be made only on payment of the freight.
iii. Under value added services, the consignment shall be delivered only after receipt of the concerned documents(s)/instrument(s) as mentioned on the face of the Waybill.
iv. In case the expected date of delivery falls on any holiday, Sunday, Political Bandh Day, the next working day will be treated as the expected date of delivery.
v. Under the FREIGHT PAID mode, the Consignor must pay the freight payment in full along with other charges, if applicable and agreed, at the time of booking.
vi. Under the FREIGHT TO PAY mode, the Consignor must pay the freight payment in full along with other charges, if applicable and agreed, at the time of delivery.
vii. Under the FREIGHT CREDIT mode, the parties shall make the freight payment in full along with other charges, if applicable and agreed, within 7 days (or as per the agreement in the contract) from the date of submission of the invoice. Freight charges of BeeBrisk do not include GST as applicable. GST under GTA service will be paid by the Consignor / Consignee.
viii. BeeBrisk reserves the right to accept or reject payment being made in cheque mode.
8. Claims
i. No claim shall be entertained by BeeBrisk for any loss, damage, non-delivery, breakage, pilferage, etc. for the consignment unless a written claim is lodged within 24 hours of delivery or within 7 days of booking.
ii. No claim shall be entertained by BeeBrisk until all its freight charges or any outstandings are paid by the parties in full. The parties shall not be entitled to deduct/adjust/set-off any amount of claim (from the freight) including loss of MODVAT and CENVAT copy, delivery challan, etc.
9. Unclaimed goods
i. If the consignment is not accepted by the parties when tendered for delivery (for any reason), BeeBrisk shall be entitled to send the consignment to UGD (Unclaimed Goods Department) to proceed with the sale of the consignment to realize all dues by issuing intimations before putting the consignment for public auction, after a holding period of 30 days.
10. Demurrage
i. In case the parties fail to take delivery of consignment within 24 hours from the first attempt for delivery, warehouse charges (demurrage) of 0.1% of the invoice value per day or Rs. 100/- per day, whichever is higher will be charged.
11. Jurisdiction
i. The competent court in Delhi alone shall have jurisdiction in respect of all claims and /or matters pertaining to the subject consignment or arising out of the contract.
