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TERMS AND CONDITIONS
INEXAERGO SERVICES PVT LTD TERMS AND CONDITIONS OF CARRIAGE MERCHANT AGREEMENT REFUND & CANCELLATION POLICY
INEXAERGO Services Pvt Ltd TERMS AND CONDITIONS OF CARRIAGE
We at INEXAERGO Services Pvt Ltd and our affiliates (here in after referred to as “INEXAERGO Services Pvt Ltd”, “we”, “us” or “our”) consider customer trust as our top priority and take the protection of your personal information very seriously. We want you to feel safe using our products, services and solutions (“Services”). This Privacy Policy informs you of the way in which we collect, use, transfer, and store your personal information when you use our Services, as well as your rights in relation to this data.
IMPORTANT NOTICEWhen ordering INEXAERGO Services Pvt Ltd services you, as “Shipper”, are agreeing, on your behalf and on behalf of the 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 INEXAERGO Services Pvt Ltd, including air, road or any other carrier. A “waybill” shall include any Shipment identifier or document produced by INEXAERGO Services Pvt Ltd 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 Shipment Value Protection may be arranged at an additional cost. (Please see below for further information). “INEXAERGO Services Pvt Ltd” means any member of the INEXAERGO Services Pvt Ltd Network.
1 CUSTOMS CLEARANCEINEXAERGO Services Pvt Ltd 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 INEXAERGO Services Pvt Ltd believes in its reasonable opinion to be authorized.
2 UNACCEPTABLE SHIPMENTSA 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 INEXAERGO Services Pvt Ltd decides cannot be carried safely or legally.
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.
INEXAERGO Services Pvt Ltd 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 INEXAERGO Services Pvt Ltd 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, INEXAERGO Services Pvt Ltd 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. INEXAERGO Services Pvt Ltd shall have the right to destroy any Shipment which any law prevents INEXAERGO Services Pvt Ltd from returning to Shipper as well as any Shipment of Dangerous Goods.
4 INSPECTIONINEXAERGO Services Pvt Ltd has the right to open and inspect a Shipment without notice for safety, security, customs or other regulatory reasons.
5 SHIPMENT CHARGES AND FEESINEXAERGO Services Pvt Ltd 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 INEXAERGO Services Pvt Ltd to confirm this calculation.
Shipper, or the Receiver when INEXAERGO Services Pvt Ltd acts on Receiver’s behalf, shall pay or reimburse INEXAERGO Services Pvt Ltd for all Shipment or other charges due, or Customs Duties owed for services provided by INEXAERGO Services Pvt Ltd or incurred by INEXAERGO Services Pvt Ltd on Shipper’s or Receiver’s behalf. Payment of Customs Duties may be requested prior to delivery.
If INEXAERGO Services Pvt Ltd uses its credit with the Customs Authorities or advances any Customs Duties on behalf of a Receiver who does not have an account with INEXAERGO Services Pvt Ltd shall be entitled to assess a fee.
If Shipper regards these limits as insufficient it must make a special declaration of value and request Shipment Value Protection as described in Section 8 or make its own insurance arrangements.
INEXAERGO Services Pvt Ltd 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 INEXAERGO Services Pvt Ltd ’s attention.
6 INEXAERGO SERVICES PVT LTDINEXAERGO Services Pvt Ltd will make every reasonable effort to deliver the Shipment according to INEXAERGO Services Pvt Ltd ’s regular delivery schedules, but these schedules are not binding and do not form part of the contract. INEXAERGO Services Pvt Ltd 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 CLAIMSAll claims must be submitted in writing to INEXAERGO Services Pvt Ltd within thirty (30) days from the date that INEXAERGO Services Pvt Ltd accepted the Shipment, failing which INEXAERGO Services Pvt Ltd 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 VALUE PROTECTIONINEXAERGO Services Pvt Ltd may be able to arrange Shipment Value Protection covering the value in respect of loss of or damage to the Shipment, provided that the Shipper so instructs INEXAERGO Services Pvt Ltd in writing, including by completing the Shipment Value Protection section on the front of the waybill or by INEXAERGO Services Pvt Ltd automated systems and pays the applicable premium. Shipment Value Protection does not cover indirect loss or damage, or loss or damage caused by delays.
9 CIRCUMSTANCES BEYOND INEXAERGO SERVICES PVT LTD CONTROLINEXAERGO Services Pvt Ltd is not liable for any loss or damage arising out of circumstances beyond INEXAERGO Services Pvt Ltd 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 INEXAERGO Services Pvt Ltd ; any act or omission by a person not employed or contracted by INEXAERGO Services Pvt Ltd - 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 INDEMNITIESShipper shall indemnify and hold INEXAERGO Services Pvt Ltd 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 INEXAERGO Services Pvt Ltd ;
Shipper has complied with all applicable customs, import, export, data protection laws, sanctions, embargos and other laws and regulations; and
Shipper has obtained all necessary consents in relation to personal data provided to INEXAERGO Services Pvt Ltd including Receiver’s data as may be required for transport, customs clearance and delivery, such as e-mail address and mobile phone number.
Shipper agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places.
12 GOVERNING LAWAny dispute arising under or in any way connected with these Terms and Conditions shall be subject, for the benefit of INEXAERGO Services Pvt Ltd , 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 SEVERABILITYThe invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions.
14 DECLARATION
This is to certify that I/We (Consignor/Shipper) booking / connecting my/our shipment through INEXAERGO Services Pvt Ltd hereby authorize INEXAERGO Services Pvt Ltd to further connect / engage it with any other Courier/Cargo/Customs Clearance Agency or any of his representatives.
My/our shipment is not insured by INEXAERGO Services Pvt Ltd and any of its Courier/Cargo/Customs Clearance Agency.
Neither INEXAERGO Services Pvt Ltd nor its Courier/Cargo/Customs Clearance Agency or its representatives is responsible if my/our shipment gets damage/ any discrepancy found with the quantity/ or if detained by customs at origin/destination.
In case items/item in the shipment is/are found to be illegal/banned at Origin or Destination Customs then all the responsibilities shall be on us/me. I/We shall also be liable for any such kind of duty/taxes /penalty / shipment return charges from destination or any other charges at origin/destination.
I/We hereby declare that neither INEXAERGO Services Pvt Ltd nor its Courier/Cargo/Customs Clearance Agency or its representatives were/are present at the time of packing of our shipment at our office/ warehouse/ factory. Therefore, at the time of the customs clearance / physical examination of our shipment if any mis-statement in declaration or anything objectionable / contradictory with our documents/shipment is found, I/We are solely responsible for that, and INEXAERGO Services Pvt Ltd and its Courier/Cargo/Customs Clearance Agency should not be held responsible for that in any way.
Further information is available on the inexaergo website (www.inexaergo.com) or from Inexaergo Customer Service.