- This Customer Agreement (“Agreement”) is made and executed on the 21st of August, 2020 (“Effective Date”) by and between:
- 1. SHIPSECURE LOGISTICS, a company incorporated under the provisions of the Companies Act, 1956, and having its registered office at 306, Vishala Supreme, Opp. Nikol Torrent Power Station, Nikol, Ahmedabad-382350 India (hereinafter referred to as “Company”, which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include its successors-in-interest and permitted assigns); and
- 2. (Client Name), a Sole Proprietorship/Firm and having its registered office at (Address) (hereinafter referred to as “Customer”, which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include its successors-in-interest and permitted assigns). (Client Name), a Sole Proprietorship/Firm, residing at (Address) (hereinafter referred to as “Customer”, which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include its successors-in-interest and permitted assigns).
- The Company and the Customer shall hereinafter collectively be referred to as “Parties” and individually as “Party”.
- A. The Company is engaged in the business of aggregating logistic services. Through its platform, it enables the Customer(s) to ship shipments to multiple locations, without having to deal with multiple courier companies (“Service Provider(s)”) (“Business”).
- B. The Company has represented to the Customer that it has the relevant expertise, personnel, and skills required to meet the logistic requirements of Customer.
- C. The Customer is desirous of engaging with the Company and availing the Services (as defined below), being provided.
- D. The Parties are desirous of entering into this Agreement to record the terms of their engagement.
- IT IS AGREED BETWEEN THE PARTIES AS FOLOWS:
- 1. DEFINITIONS AND INTERPRETATION
- 1.1. In this Agreement, including in the Recitals hereof, the following words, expressions and abbreviations shall have the following meanings, unless the context otherwise requires: (a) “Agreement” means this Customer Agreement and any Annexure hereto, whether attached or incorporated by reference;
- 1.2. Interpretation
- (a) Headings are used for convenience only and shall not affect the interpretation of Agreement.
(b) References to this Agreement shall be deemed to include any amendments or modifications to this Agreement, as the case may be.
(c) Unless the context specifies otherwise, reference to the singular includes a reference to the plural and vice versa, and reference to any gender includes a reference to all other gender.
(d) Reference to statutory provisions shall be construed as meaning and including references also to any amendment or re-enactment (whether before or after the date of this Agreement), for the time being in force, all statutory instruments or orders made pursuant to a statutory provisions and any statutory provisions of which these statutory provisions are a consolidation, re-enactment or modification.
(e) In addition to the terms defined in this Clause 1, certain other terms are defined elsewhere in this Agreement and whenever such terms are used in this Agreement they shall have their respective defined meanings, unless the context expressly or by necessary implication otherwise requires. Provided that in the absence of a definition being provided for a term, word or phrase used in this Agreement, no meaning shall be assigned to such term, word, phrase which derogates or detracts from, in any way, the intent of this Agreement.
- 2. SERVICES BEING PROVIDED BY THE COMPANY TO THE CUSTOMER
- 2.1. With effect from the Effective Date, the Customer hereby appoints the Company, to provide to the Customer, logistics solutions (“Service”). The Company hereby agrees to provide the Service in accordance with the terms and conditions of this Agreement.
2.2. In order to avail the Service being provided by the Company, the Customer is required to create an account, by providing all the relevant, true, accurate, current and complete details, as detailed in Annexure A to this Agreement. The Customer shall also be required to assign itself, a username and password to access the account.
2.3. The Customer hereby agrees that it shall be responsible for maintaining the confidentiality of its username and password. It shall be responsible for all activities that occur in its account.
2.4. The Customer agrees and acknowledges that it shall be required to process/ place a request for its logistics requirement, on the Company’s platform. Upon placing a request on the Company’s platform, the Company shall assign a Service Provider, who shall pick up the shipment from the location provided by the Customer. The Company shall assign a Service Provider, at its sole discretion and such assignment of a Service Provider shall be based on the location of the Customer, nature of the consignment, etc.
2.5. The Customer shall be required to clearly provide the details of the consignment, including but not limited to consignment details, consignee details, return address/ shipping address, amount of money to be collected in case of cash on delivery (“COD”) shipments etc.
2.6. The duly packaged consignment shall be handed over to the Service Provider by the Customer or the consignee, along with the aforementioned details on the packaging.
2.7. In case of COD consignments, the Service Provider shall collect the amount of money from the consignee, as per the instructions provided by the Customer. The Service Provider shall remit such money to the account of the Company, after the same being collected from the consignee. The Company shall thereafter remit the same in the account of the Customer. However, the Company shall not be held liable in case such COD payments are delayed or misplaced by the Service Provider.
2.8. The Customer shall be required to raise any concerns/ queries, (i) with respect to a lost consignment, within a period of 15 days from sending the consignment; and (ii) with respect to any damage, default or any other concerns with respect to the consignment, within a period of 7 days from delivery/ reverse delivery of the consignment.
2.9. The Customer shall be provided with a tracking number by the Company for the consignment. The Customer can track the consignment, on a real time basis using the tracking number provided.
2.10. The Customer agrees and acknowledges that it shall be responsible for paying all duties, taxes, any other charge/levy, that may be levied on consignment under Applicable Law.
2.11. The Customer hereby agrees that the Company is only an intermediary between the Customer and the Service Provider. In the event of a dispute between the Customer and the Service Provider, the Company shall take all reasonable steps to try and ensure an amicable settlement between the Customer and the Service Provider. In the event of a settlement between the Customer and the Service Provider, the Company’s obligation shall be to merely pass on any damages provided by the Service Provider to the Customer, as per the individual terms and conditions of the Service Provider. However, the Company shall not be liable in the event the Customer and the Service Provider are unable to reach an amicable settlement. Further, the Company shall not be liable for any costs/ damages/ claims arising from or in relation to such dispute between the Customer and the Service Provider.
2.12. In consideration of the Services rendered by Company, the Customer agrees to pay to the Company, the Consideration specified in Clause 4 below.
- 3. TERM
- 3.1. This Agreement shall come into force with effect from the Effective Date, and shall remain in place until terminated by either Party in accordance with Clause 11 of this Agreement.
- 4. CONSIDERATION AND PAYMENT TERMS
- 4.1. In consideration of the Company providing the Services to the Customer, the Customer agrees to pay the Company, sufficient and valid consideration, the details of which are outlined in Annexure B to this Agreement (“Consideration”). In addition to the Consideration, the Customer shall also be required to pay applicable fees for shipping the consignment, as provided in Annexure B to this Agreement (“Shipping Fee”). The Consideration and Shipping Fee shall be payable in accordance with the Payment Schedule outlined in Annexure B to this Agreement.
4.2. The Consideration specified in this Agreement is exclusive of all applicable taxes. The Customer shall be required to pay applicable service tax and fuel surcharge. The same shall be stated as separate items in the invoice raised by the Company on the Customer.
4.3. In the event the Customer defaults in making such payments, to the Company, within the stipulated time period, as mentioned in Annexure B to this Agreement, then the Company shall (i) have a lien over the Customer’s consignments; and/ or (ii) withhold all the COD shipment payments received by the Company on behalf of the Customer; and/or (iii) charge an interest at 12% (Twelve Percent)] on the Consideration payable by the Customer, for every 7 days for which the delay/ default in making the payment continues. The Company shall release such consignments and/or COD shipment payments, only upon the Customer paying the Consideration owed to the Company.
4.4. The Company reserves its right to revise the Consideration payable by the Customer, by providing a prior written notice of 15 (Fifteen) days to the Customer. The Customer shall be required to raise any concerns pertaining to the same within a period of 7 days from the date of receiving such notice. In the event, the Customer fails to raise any concerns within the stipulated time period, the revised Consideration shall be deemed accepted by the Customer. In the event the Customer raises any concerns within the stipulated time period, the Parties shall negotiate and determine the revised Consideration. Such revised Consideration shall be effective, upon the expiry of the notice period.
- 5. REPRESENTATIONS, WARRANTIES AND COVENNANTS
- 5.1. The Company hereby represents, warrants and covenants to the Customer that:
(a) it is a validly incorporated business entity;
(b) it has the facilities, and resources required to discharge and shall discharge the Services in a timely and efficient manner;
(c) this Agreement does not conflict with any of its existing contracts.
5.2. The Customer hereby represents, warrants and covenants to the Company that:
(a) it is a validly incorporated business entity or is legally competent to contract, as applicable;
(b) it shall use the Services being provided by the Company only for lawful purposes;
(c) it shall at all times, abide by the terms and conditions mentioned in this Agreement;
(d) it shall fulfill all the obligations as mentioned in this Agreement;
(e) it agrees and understands that the Company is only an intermediary between itself and the Service Provider(s);
(f) it agrees and acknowledges that the Company shall not be liable for any loss/ damage/ or destruction/ delay in delivery/ pick up of the consignment. It further agrees and acknowledges that the Company shall not be responsible for any actions/ inactions of the Service Provider(s);
(g) the Company shall not be responsible for, but reserves its right to, check the contents of the consignment, being handed over by the Customer or the consignee to the Service Provider.
5.3. Each Party represents and warrants to the other Party that:
(a) it has all necessary rights, powers and authority to enter into and perform this Agreement; and
(b) the execution and performance of this Agreement by it shall not violate any Applicable Law and shall not breach any agreement, covenant, court order, judgment or decree to which such party or by which it is bound
- 6. COMPLIANCE WITH LAWS
- 6.1. Each Party shall at all times (a) strictly comply with all Applicable Law, now or hereafter in effect, relating to its performance of this Agreement; (b) pay all fees and other charges required by such Applicable Law; and (c) maintain in full force and effect all licenses, permits, authorizations, registrations and qualification from any Authority to the extent necessary to perform its obligations hereunder.
- 7. OBLIGATIONS OF THE CUSTOMER
- 7.1. The Customer hereby agrees and acknowledges that it shall perform/ abide by the following obligations:
(a) The packaging of the consignments shall be the sole responsibility of the Customer. The Customer shall be responsible for proper, tamper-proof and damage-proof packaging of the products and any damages resulting from inadequate, improper or inappropriate packaging of the products shall not be the responsibility of the Company and/or the Service Provider. The Customer shall ensure that the quality of the packaging is sufficient to ensure that no damage occurs in transit.
(b) The sole responsibility of the contents of the packaged consignment shall lie with the Customer. The Company nor the Service Provider shall not be responsible for verifying the contents of the products handed over by the Customer. However, the Company reserves its right to verify the contents of the consignment, if it deems necessary.
(c) The Customer shall be required to clearly provide the details of the consignment, including but not limited to consignment details, consignee details, return address/ shipping address, amount of money to be collected in case of cash on delivery (“COD”) shipments etc. on the packaging.
(d) The Customer shall ensure that the products are packed and are ready for pick-up at the time of pick-up as mutually decided between the Company, the Service Provider and the Customer.
(e) Customer shall ensure that the consignment/parcel does not contain narcotic drugs, firearms, explosives, hazardous chemicals, liquids, gold, currency, gems, jewellery, share certificates, pornographic material, human remains and any other contraband material banned or prohibited by any law or any item which is a prohibited, restricted or hazardous item as per the regulations of any Applicable Law including but not limited to the Directorate General of Civil Aviation (“DGCA”), International Civil Aviation Organization (“ICAO”) and International Air Transport Association (“IATA”). An indicative list of prohibited items has been provided under Annexure C to this Agreement. The Customer shall be solely responsible if any such item is booked.
The Customer shall be deemed to be bound by and to warrant the accuracy of all descriptions, values and other particulars furnished to the Company and/or the Service Provider for customs consular and other purposes and the Customer undertakes to indemnify the Company against all losses, damages, expenses and fines arising from any inaccuracy or omission even if such inaccuracy or omission is not due to any negligence.
(f) The Customer agrees and acknowledges that it shall solely be responsible for complying with all the Applicable Laws pertaining to booking, sale and transportation of the consignments, through the Service Providers, in accordance with this Agreement. The Customer shall indemnify the Company, for any claims, losses, or damages, suffered by the Company, due to Customer’s breach of Applicable Law.
(g) The Customer agrees and acknowledges that it shall solely be responsible for paying all duties, taxes, any other charge/levy that may be levied on consignment under Applicable Law.
(h) At all times during the term of this Agreement, the Customer shall at its own expense, procure and maintain with a reputed insurance company, a comprehensive insurance coverage which shall cover damages, claims or liability arising due to the loss, damage, or destruction of the consignment during transit. Such insurance cover/ policy shall be maintained by the Customer, during the Term of this Agreement.
(i) The Customer shall not use the Services provided by the Company and/or the Service Provider for any unauthorized and unlawful purpose.
(j) The Customer agrees and acknowledges that it shall solely be liable to its clients/ consignees for merchantability, quality, warranty, of the consignment, and neither the Company nor the Service Provider shall have any direct or indirect responsibility/obligations towards the Customer’s clients/ consignees.
(k) The Customer shall not default in making payments to the Company, within the stipulated time period.
(l) The Customer shall at all times, collect and keep the receipts/signed manifests provided by the Service Provider, as proof of picking up the consignment.
(m) The Customer shall not engage in any activity that interferes/ disrupts the Services being provided by the Company.
(n) The Customer shall solely be responsible for any breach of its obligations, under this Agreement, and for any consequences due to/ resulting from such breach.
- 8. INTELLECTUAL PROPERTY RIGHTS
- 8.1. The Customer acknowledges that the Company is, and shall be the sole owner of all Intellectual Property Rights in and to any solutions and/or products that have been developed by the Company, so as to enable it to render Services to the Customer.
8.2. Both the Parties acknowledge that any Intellectual Property Rights already owned by the other Party shall remain the sole property of such other Party. However, so as to enable each Party to perform their obligations under this Agreement, the Parties acknowledge that they shall be required to make available to the other Party, a part of their Intellectual Property Rights. Accordingly, as and when required, each Party shall grant to the other Party, non-transferable license to use their Intellectual Property Rights.
8.3. The Parties recognize that all third party Intellectual Property Rights are the exclusive property of their respective owners. The Company shall inform the Customer of any third party Intellectual Property Rights that may be required to perform the Services, required under the terms of this Agreement. Under such circumstances, both Parties shall seek to procure appropriate licenses to use such Third Party Intellectual Property Rights from the owner of such Third Party Intellectual Property Rights.
- 9. CONFIDENTIALITY
- 9.1. Each Party may be given access to Confidential Information from the other Party in order to perform its obligations under this Agreement. The Parties undertake not to use any such Confidential Information, other than for purposes related to this Agreement, and shall use their best efforts to keep confidential and not disclose to any third party save and except on a ‘need-to-know’ basis any Confidential Information of the other Party. The provisions of this Clause shall not apply to Confidential Information which:
(a) is or becomes part of the public domain without breach of this Agreement by a Party;
(b) is lawfully in the possession of a Party and subject to an existing agreement between the Parties;
(c) is received from a third party who lawfully acquired such information without restriction, and without a breach of this Agreement by a Party; and/or
(d) is released pursuant to a binding court order or governmental regulation, provided that the Party delivers a copy of such order or action to the other Party.
- 10. INDEMNIFICATION
- 10.1. The Customer shall indemnify and hold the Company, its affiliates, officers, directors, employees, consultants, agents and representatives, harmless from any third party claims arising from or related to:
(a) A breach of the terms of this Agreement; and/ or
(b) A violation of any Applicable Law; and/or
(c) Infringement of any third party rights.
10.2. The foregoing is, however, conditional upon the Company (“Indemnified Party”) (i) notifying the Customer (“Indemnifying Party”) in writing and in detail without undue delay, (ii) authorizing the Indemnifying Party to conduct any judicial proceedings with such third party on its own, and (iii) providing the Indemnifying Party (at the expense of the Indemnifying Party) with any reasonable assistance so that the Indemnifying Party can defend such third party claims.
10.3. Limitation of Liability and Disclaimers:
(a) Under no circumstances shall the Company be liable to the Customer, or any other person or entity for an amount of damages under this Agreement in excess of the amount of Consideration paid or payable by the Customer in the 3 (Three) month period, preceding the date on which the claim of action first arose.
(b) UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE TO THE CUSTOMER, IN ANY AMOUNT FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, LOSS OF GOODWILL OR BUSINESS PROFITS, WORK STOPPAGE, OR EXEMPLARY OR PUNITIVE DAMAGES.
(c) The Customer agrees and acknowledges that the use of the Services, is at its sole risk and that the Services are provided "AS IS".
(d) The Company shall not be responsible or liable in any manner to the Customer for any losses, damage, or expenses incurred by the Customer, as a result of any action taken by the Company, where the Customer has consented to the same.
(e) The Company does not provide or make any representation, warranty or guaranty, express or implied about the Services. The Company does not verify any content or information/ details provided by the Customer, and to the fullest extent permitted by Applicable Law, the Company disclaims all liability arising out of the Customer’s use of the Services.
(f) The Service Provider(s) is not controlled by the Company, and the Company shall not be liable for any loss/ damage/ or destruction/ delay in delivery/ pick up of the consignment, by the Service Provider(s). The Company shall not be responsible for any actions/ inactions of the Service Provider(s).
- 11. TERMINATION
- 11.1. Either Party shall have the right to terminate this Agreement by giving written notice to the other in the event that:
(a) the other Party has committed a material breach of any of its obligations hereunder which cannot be remedied; or
(b) the other Party has committed a material or repeated breach of any of its obligations hereunder and has failed to remedy such breach (if the same is capable of remedy) within thirty (30) days of being required by written notice so to do.
11.2. Either Party’s right to terminate this Agreement shall be without prejudice to the other rights and remedies it may have under Applicable Law.
11.3. Either Party may terminate this Agreement for convenience, by giving a prior written notice of 30 days, to the other Party.
- 12. CONSEQUENCES OF TERMINATION
- 12.1. Upon termination of this Agreement, any rights or authority granted by either Party to the other Party shall terminate with immediate effect and all payments accrued before or on the effective date of termination will become immediately due and payable.
12.2. The accrued rights of the Parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination shall not be affected or prejudiced in any manner.
12.3. All the Confidential Information exchanged between the Parties during the Term of this Agreement, shall be either returned to the disclosing party or destroyed by the receiving party, within a period of five (5) days from the date of termination.
- 13. MISCELLANEOUS PROVISIONS
- 13.1. Governing Law: This Agreement shall be governed by the laws of India. Subject to Clause 13.2 (Dispute Resolution), the Parties hereby agree that courts in [New Delhi] shall have the exclusive jurisdiction to determine any disputes arising out of, or in relation to, the terms and conditions of this Agreement.
13.2. Dispute Resolution: In the event of any dispute, claim or controversy arising under, or in relation to, this Agreement (“Dispute”), such Dispute shall be resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996. The Dispute shall be settled by a sole arbitrator to be appointed by the parties to the dispute. If the parties are unable to appoint a sole arbitrator by way of mutual consent, then such arbitrator shall be appointed pursuant to the provisions of Section 11 of the Arbitration and Conciliation Act, 1996. The seat of arbitration shall be [New Delhi], India and the arbitration proceedings shall be governed by the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time. All arbitration proceedings shall be conducted in English. The arbitration award shall be final and binding on the Parties and shall be enforceable in any competent court of law, and the Parties agree to be bound thereby and to act accordingly.
13.3. Force Majeure: Neither Party shall be liable for any failure or delay in performance of any obligation, under this Agreement to the extent such failure nor delay is due to a Force Majeure Event. The Party having any such cause shall promptly notify the other Party in writing of the nature of such cause and the expected delay. If, however, it is not feasible for a Party to prevent the occurrence of the Force Majeure Event as a result of which that Party is prevented from performing its obligation for more than thirty (30) days due to such Force Majeure Event (“Aggrieved Party”), the other Party may decide to release the Aggrieved Party from performing its obligation hereunder or may modify the relevant provisions of this Agreement affected by the Force Majeure Event so long as the Force Majeure Event continues, in order to enable the Aggrieved Party to perform its other obligations hereunder as so modified.
13.4. Assignment: This Agreement and the rights and obligations herein may not be assigned by either Party without the written consent of the other Party.
13.5. Amendments and Waivers: This Agreement may be amended only with the written consent of both Parties. Any amendment or waiver affected in accordance with this Clause 13.5 shall be binding upon both Parties.
13.6. Notices: Except as may be otherwise provided herein, all notices, requests, waivers and other communications (“Notices”) shall be deemed to be delivered as provided herein: (a) if delivered to the addressee (“Receiving Party”) by hand: upon the Notice being acknowledged by written receipt by the Receiving Party; (b) if sent by facsimile: upon the receipt of transmission report confirming transmission; (c) if sent via an overnight courier: upon receipt (evidenced by proof of delivery); (d) if sent via electronic mail: upon such email being sent (outgoing mail logs can be provided as proof, as required). The Notices shall be addressed to the Parties at the contact details provided below. Each Party shall promptly inform the other Parties of any change to its contact details.
To the Customer:
E-mail: (Mail Id)
To the Company:
Address: 306, Vishala Supreme, Opp. Nikol Torrent Power Station, Nikol, Ahmedabad-382350 India.
13.7. Severability: The invalidity or unenforceability of any provision in this Agreement shall in no way affect the validity or enforceability of any other provision herein. In the event of the invalidity or unenforceability of any provision of this Agreement, the Parties will immediately negotiate in good faith to replace such a provision with another, which is not prohibited or unenforceable and has, as far as possible, the same legal and commercial effect as that which it replaces.
13.8. Entire Agreement: This Agreement, the Annexure and recitals hereto (which are hereby expressly incorporated herein by reference) constitutes the entire understanding between the Parties and supersedes all other discussions and understanding between the Parties.
13.9. Survival: The provisions of Clauses 8 (Intellectual Property Rights), Clause 9 (Confidentiality), Clause 10 (Indemnification), Clause 13 (Miscellaneous) and such other provisions of this Agreement, which are by their nature, intended to survive the termination of this Agreement, shall survive the termination of this Agreement.
13.10. No Partnership: Nothing contained in this Agreement shall be construed or interpreted as constituting a partnership or a joint venture between the Parties. Neither Party shall have any authority to bind the other Party in any manner whatsoever. This Agreement shall be construed to have been entered on a principal to principal basis.
13.11. Electronic Signature: By clicking on the "I Accept/ Agree" box, and by typing the Customer’s name in the “Enter Name” box, the Customer agrees that it/ he/ she is validly signing this Agreement electronically. The Customer agrees that such electronic signature is the legal equivalent of the physical execution of this Agreement and that the Parties are legally bound by the terms and conditions of this Agreement.
- CONSIDERATION AND PAYMENT TERMS
- 1. Consideration and Shipping Fee: The Consideration and the Shipping Fee payable by the Customer to the Company shall be in accordance with the details herein below.
[Mention the details herein]
2. Payment Terms
2.1. COD shipment(s)
a) In the event, the consignment is for COD shipment, then the Company shall, subject to receipt of the COD shipment payments from the Service Provider, remit the entire COD shipment payment in the Customers bank account (“Designated Bank Account of the Customer”). Thereafter, within a period of 7 (Seven) days from the date of receipt of an invoice raised by the Company, the Customer shall remit the amount payable to the Company, in the bank account of the Company (“Designated Bank Account of the Company”).
2.2. Prepaid shipment(s)
a) In the event, the consignment is for prepaid shipment payment, then the Customer shall within a period of 7 (Seven) days from the date of receipt of an invoice raised by the Company, remit the amount payable to the Company, in the Designated Bank Account of the Company.
2.3. The details of the Designated Account, of the Company are as below:
A/n Name: SHIP SECURE LOGISTICS A/c No. : 10052032721
IFSC Code: IDFB0040314
Branch: Ahmadabad, Gujarat
2.4. The details of the Designated Bank Account of the Customer, are as below:
A/c No. :
A/c Type :
2.5. The Parties shall reconcile the amount payable to the Company, every week, by settling the COD shipment payment (as applicable) and Prepaid shipment payment.
2.6. The Company shall raise an invoice upon the Customer every 15 (Fifteen) days from the date of last invoice raised. The first invoice shall be raised by the Company on the Customer upon the completion of 15 (Fifteen) days from the Execution Date.
2.7. The Customer shall pay the entire amount payable to the Company as per the terms and conditions of this Agreement, within the stipulated time period, despite any ongoing queries/ concerns as specified in Clause 2.8 of the Agreement. Upon the resolution of such queries/ concerns, in favour of the Customer, the Company shall issue/ provide a ‘Credit Note’ to the Customer and the same can be utilized by the Customer for any future Services required to be provided by the Company.
- INDICATIVE LIST OF PROHIBITED ITEMS
Dangerous Liquids/Semi Liquids
Magnetized Material Poisonous/Corrosive Material Stuffed Toys
Acatyle benzoyl peroxide solid or solutions
Aerolein un-inhibited aerosol products/ class of poison A.O.S. Air liquid non-pressurised/aluminium dethyl monocholoride Alluminium Dross
Wet Arsine Black Powder Bombs
Explosive Caps Blasting
Cholorphin and Methyl Bromide Mixtures Cholorphin and Methyl Chloride Mixtures Cigarettes self-lighter
Disoprophybenzene Hydro peroxide solution
Ethyl Acrylete Inhibited Explosives or explosive devices Fire extinguisher charges
Detonating Grenade Bursting Charge Grenades Tear Gas
Isopropyl Percarbonate stabilised Isopropyl Percarbonate unstabilised Low Explosives
Formic Acid Fule or aviation turbine engine
Barium Chlorate benzene
Carbon Dioxide Gaseous or liquified
Nitrogen Gaesous & Silver Nitrate
Copper Vyanide Crude Oil Petroleum Discatyle Diethylamine Ether
Arsenic Acid Solid. Helium Gas
Hydrochloric and Mixtures
Lead Nitrate matches
Safety (Book card or strike box) Malaththion perfumes
Indian Postal Articles
Currency Philately Pornography Bullion
Drugs and Narcotics (Illegal)
Firearms, parts thereof and ammunition
Precious & Semi-Precious Items
(b) “Applicable Law” shall mean any statute, law, regulation, ordinance, rule, judgment, notification, rule of common law, order, decree, bye-law, government approval, directive, guideline, requirement or other governmental restriction, or any similar form of decision of, or determination by, or any interpretation, policy or administration, having the force of law of any of the foregoing, by any Authority having jurisdiction over the matter in question, whether in effect as of the date of this Agreement or thereafter;
(c) “Authority” shall mean any national, state, provincial, local or similar government, governmental, regulatory or administrative authority, branch, agency, any statutory body or commission or any non-governmental regulatory or administrative authority, body or other organization to the extent that the rules, regulations and standards, requirements, procedures or orders of such authority, body or other organization that have the force of Applicable Law or any court, tribunal, arbitral or judicial body, or any stock exchange of the India or any other country;
(d) “Confidential Information” shall mean, with respect to each of the Party, information including but not limited to, the business, customers, suppliers, services, products, affairs, performance, marketing plans and finances of each Party, which for the time being is confidential or treated by the Party as such, trade secrets (including technical data and know-how) relating to the business, suppliers, clients or customers;
(e) “Force Majeure” means an act of god, war, civil disturbance, strike, lockout, act of terrorism, flood, fire, explosion or legislation or restriction by any government or other authority, or any other similar circumstance beyond the control of any Party, which has the effect of wholly or partially suspending the obligations hereunder, of the Party concerned during the continuance and to the extent of such prevention, interruption or hindrance;
(f) “Intellectual Property” or “Intellectual Property Rights” shall mean any and all trademarks and services marks (whether or not registered), copyrights, design rights (whether or not registered), moral rights, patents, performance rights, database rights, internet, WAP and other new media rights, names, logos and codes, publicity rights, and any and all other intellectual property and proprietary rights of any nature whatsoever that subsist, or may subsist, or be capable of registration, in each case in relation to the Services or any part thereof and which exist, or may exist, in any jurisdiction in the territory;
(g) “Term” shall have the meaning ascribed to it in Clause 3 of this Agreement;