The provision set out and referred to in this consignment note shall apply to transportation through any mode and shall not be restricted to one mode of transport only.
BCC is entitled to use any mode and route for transportation.
The docket is a contract between BCC and customer.
The BCC Waybill/ Consignment Note is non-negotiable and the consignor acknowledges that it has been prepared by the Consignor or by BCC on behalf of the Consignor.
By giving us your shipment you accept our terms and conditions set out in the consignment note and/or the contract of carriage and/or the contract for the performance of other services on behalf of yourself and/or anyone else who has an interest in the shipment or the performance of other services irrespective of whether you have signed the front of our consignment note or not. Our terms and conditions also cover and can be invoked by anyone we use or sub-contract to collect, transport, deliver your shipment or perform other services as well as our employees, directors and agents. Only one of our authorized officers may agree to a variation of these terms and conditions in writing. When you give us the shipment with oral or written instructions that conflict with our terms and conditions we shall not be bound by such instructions.
All the consignment shall be booked on “said to contain basis” i.e. BCC shall be under no obligation to verify the description and contents of the shipment declared by the Consignor on the docket/Invoice and as such the consignor shall undertake and ensure to make correct and factual declaration on the docket/Airway bill. However, BCC reserve the right to inspect and/or refuse booking of shipment not conforming to theses terms and condition, only after duly informing consignor regarding the reasons for such inspection and/or refusal and after receiving the confirmation from consignor. Consignor shall not book, handover any shipment consisting of prohibited, restricted or dangerous products and BCC shall not be liable for any such shipment. Consignor indemnified and would keep indemnified BCC, its directors and employees against all claims, losses, charges and expenses incurred by BCC due to any banned, restricted or dangerous items entering in to the network of the BCC due to any omission or commission of Consignor.
The currency, bearer cheques, hundies, bearer bilty and/or similar other documents, Gold, Silver, Jewellery, Precious stones, Liquid, Semi Liquid perishable/fragile goods narcotics and / or any item which are prohibited and/or restricted by statutory law and acts are strictly not accepted by us. If such articles are enclosed without our information, the Company/Franchisee will not be liable for the same and no claim shall be entertained for such articles.
In case of loss, theft, damage and mishandling of booked consignment maximum liability of the Company/ Franchisee shall not be exceeding to the sum equivalent to 10 times of freight charges for un-insured documents and 5 times of freight charges for un-Insured parcels (below Rs.5000/-) or the value of the consignment mentioned on the docket whichever is less.
This contract shall be governed and construed in accordance with the law of India and all disputes and claims are subject to the exclusive and irrevocable jurisdiction of Courts in Kolkata only and no other court shall have jurisdiction.
The company reserves the right to entrust the goods to any other carrier. The Company/Franchisee will not be liable for any delay, damage or loss-during its transit through other carrier of situation beyond our control i.e. occurred due to acts of God or Man –made calamities.
BCC shall have a general lien over all the consignments of the customer towards any dues payable to BCC by the customer.
Franchisee shall ensure to collect parcel valuation charges per thousand Rs. 5/- extra additional to freight charges from the customers at the time of booking.
Subsequent to booking of a consignment if the consignor makes any changes in the address or any other changes, additional charges shall be levied as a result of such a change, as decided by the company.
If the customer/Consignee do not take delivery of the shipment for any reason whatsoever. BCC shall intimate to the customer/consignor and upon request of the consignor BCC return the shipment and raise the bills on the consignor towards the transportation and other charges including transport charges in accordance with the terms of the contract and the customer shall be liable to pay all dues payable to BCC whether at the original booking station or elsewhere as notified by BCC.
Where the dox or Non-dox booked unknowingly for the area which comes under NSA (No Service Area) i.e. beyond the network of BCC in such event the said shipment shall be returned to the party/consignor. In case of NSA service the Maximum Liability of the Companys’/Franchisees’ shall be limited to return of freight’s amount only.
The terms and conditions stipulated are in addition to special contracts, if any between BCC and the customer.
In case of any dispute or difference arising out of or in relation to this docket shall be referred to a sole arbitrator appointed by BCC, governed under the provisions of Arbitration and Conciliation Act, 1996 as are in force and any amendment thereto from time to time. The Arbitration shall be conducted in English language and the venue of such arbitration shall be at Ahmedabad only. The award of the Arbitrator shall be final and binding upon both the parties.
Service tax will be charged on total amount of the freight, including all other charges as per rules applicable. Service tax is payable as per the applicable rules being enforced from time to time by the authority concerned.
The Company reserves the right to change the clauses mentioned in the terms and conditions without any prior notice.