Legal

Quotation Terms

Name: Xhipment - Digital Freight Forwarder (USA)
Address: 16192 Coastal HWY, Lewes, DE, 19958, US
Price range: $$

Overview:

These are the Quotation terms and conditions ("Quotation Terms") of the Company operating under the brand name "Xhipment", amongst other things through its digital platform, provides the Customer shipment, logistic services, freight forwarding services through its vendors.
Our offer(s) do not include the insurance. Please contact us for more details.
Please note that the transit time indicated next to Port-Port Information corresponds to the transit time between the two ports and will be revised as updated from time to time. All transit times provided are based on information available to Company at the time of providing the quote and are subject to change.
In addition to these Quotation Terms, Company's website terms and conditions available at https://www.xhipment.com/Home/Terms, privacy policy available at https://www.xhipment.com/Home/Privacy and any other specific Customer terms (which shall be shared with the Customer) shall be applicable. It shall be further construed that on acceptance of the Quotation, these Quotation will be deemed to have been read over and duly accepted by the you, the Customer.
Unless guaranteed service is expressly stated by Company, all services are provided with reasonable dispatch, and Company do not guarantee that services will be delivered without delay nor shall Company assume liability for penalties, fines, chargebacks, or any other costs associated with delayed services.
Company may update the Quotation Terms from time to time.

Definitions:

"Customer" shall mean any person who avails the Services.
"Services" shall mean the services as more specifically listed on the Quotation, including without limitation shipping and logistic services, associated services including freight insurance or customs brokerage services, trade finance and invoice discounting as may be agreed to in the Quotation.
"Quotation" means the quotation shared with you by Company on the digital platform.
"Holaport" means Holaport Private Limited, a company incorporated under the laws of India.
"First Shipment" means First Shipment Inc., being the parent company of Holaport.
"Company" means the applicable legal entity providing the Services under the relevant quotation, being Holaport or First Shipment, as applicable.

Terms and Conditions:

Confidentiality: Any offer, and quotation shall be the exclusive property of Company, and may not be reproduced or distributed in any way or used by the Customer except with the express prior written consent of Company. The Customer undertakes to keep this offer and quotation and any information provided by Company strictly confidential and shall not disclose the same to any third party.
Insurance: Unless requested to do so in writing, and confirmed to Customer in writing, Company is under no obligation to procure insurance on Customer's behalf. In all cases, Customers shall pay all premiums and costs in connection with procuring necessary insurance.
Payment Terms:
1. All payments are due based on the credit terms specified on each invoice, starting the day after the invoice date, including weekends and holidays. If an invoice remains unpaid beyond the agreed credit period and Company needs to involve a collection agency or attorney, a collection fee of 30% of the outstanding balance may be applied. Additionally, if payment is received 60 days or more after the invoice date, a 10% charge will be added based on the freight charges of the overdue invoice to help cover additional administrative costs.
2. The Customer shall not have any right of set-off whatsoever and all invoices raised by Company shall be payable in full and without any deduction or setoff whatsoever. Only for payments made by an Indian company to Holaport, the Customer may deduct the TDS subject to submission of the receipts in a timely manner. Any statutory charges, including duties, taxes, or similar governmental levies (such as GST or equivalent), if and when applicable, shall be payable in full and in advance by the Customer.
3. Rates are quoted in the currency Company selected or customer requested, based on the rate of exchange prevailing at the time of submission or mutual agreed. Should the rate of exchange differ from agreed rate of exchange at the time of invoicing, Company reserves the right to adjust either the rates or the rate of exchange. All invoices and billing statements are subject to issuance in local currency and local legislation.
4. The Customer understands that the invoice may be raised by the Company (as applicable).
Rates:
1. The Air Freight calculation is based on weight or volume rate 1:6, whichever may be higher
2. Ocean Freight calculation is based on a weight or volume rate of 1:1, whichever may be higher. Ocean freight rates and surcharges are subject to change at any time.
3. Trucking tariffs are based on assumption that 1 CBM = 333 kg, and max. length of 270cm. /max. width 180cm./ max. height 150cm max. weight per pc of 500 kg unless otherwise specified.
4. All ocean rates will be subject to General Rate Increase (GRI), Peak Season Surcharge (PSS), and any additional surcharge type that might be imposed by the carriers. Due to current industry conditions and capacity constraints, pricing is subject to continual change, and Company reserves the right to charge capacity surcharges and increase rates. For regulated lanes, such rates will be pursuant to the applicable published tariff(s).
5. Rates are services including, but not limited to, inbound collect surcharge, special handling, residential delivery services surcharge, detention, demurrage, fumigation, insurance, storage after free time, customs bond, duties, VAT, taxes, user fees, courier and any other government-mandated fees are excluded from the quote unless otherwise specified
6. Rates apply to dry & non-hazardous general cargo, excluding dangerous goods, perishables, valuables, oversized cargo, or parcel cargo unless specified otherwise. Hazardous cargo is subject to shipping line acceptance at the time of booking
7. Rates apply only for in-gauge cargo of legal weight and dimensions which may vary as per country
8. Rates or services not specified in this quotation will be billed to the customer as receipted
9. Customs inspection charges will be applicable if the package is opened for examination & repacked as per orders by a customs authority
10. Brokerage accessorial fees may apply if entry characteristics exceed the routine number of lines of classification, commercial invoices, Bills of Lading, or if any additional government agency filings are required.
11. Outlays for duties, taxes, or freight paid by Company on the Customer's behalf are subject to a disbursement fee of 1% (one percent) of the total outstanding amount

Accessorial charges:

Meaning of accessorial charges: Accessorial charges encompass additional fees or charges incurred during the transportation process beyond standard freight charges. Examples but not limited to include detention fees, storage charges, rerouting fees, and similar charges. The following clauses details the accessorial charges applicable for air and ocean shipment.

Accessorial charges - Air:

For handling accessorial charges for shipments by air Customer's acknowledgment is expected to be received within 3 working days (excluding weekends). We're working to make our Services smoother and more transparent, reducing surprises and ensuring you have a clear understanding of any additional charges.
The exhaustive list of accessorial charges is mentioned in Clause 4 below. The list mentioned in Clause 4 is subject to change and shall be updated from time to time.
Customer Acknowledgment Required: Upon the assessment of accessorial charges, Customers will be promptly notified through electronic communication (email, online portal, or other approved channels). It is mandatory for Customers to acknowledge and approve or dispute these charges within 3 working days (excluding weekends) of receiving the notification. All necessary proof of deliveries (POD) will be provided to facilitate the resolution process.
Clause 4 - Below is a list of potential accessorial charges for shipment by air. Additional charges beyond those stated FYR will be communicated for approval.

Final Name	Unit	Invoice Remark
Return fee applicable if the shipment needs to be returned back to the seller	Per Shipment	This charge is applied if the shipment needed to be returned to the origin due to unforeseen circumstances. It covers the expenses incurred in the process of returning the cargo to the origin, ensuring a smooth and managed return of goods due to unexpected events or situations.
Shipping Bill Charges	Per Invoice	This fee is applied when your shipping bill needs to be refiled after expiration (typically within 3 days). It covers the costs associated with the re-submission or renewal of the shipping bill to ensure compliance and proper documentation, allowing for the continuation of the shipping process within the specified timeframe.
TC Amendment Charge	Per Invoice	This fee is applied when amendments were made to the 'Terminal Challan' (TC). It covers the costs related to modifying or updating the TC, ensuring accuracy and compliance with revised information pertaining to the shipment or logistics processes
Carton Labelling Cost	Per Carton	This charge is applied when cargo requires re-labelling. It covers the expenses involved in the process of re-labelling cartons, ensuring accurate and compliant labelling of goods for shipment or regulatory purposes.
AD code Registration Charge	Per Shipper	This fee is applied for registering the AD Code. It covers the costs associated with the registration process, ensuring compliance with necessary AD Code requirements for the customer's shipments.
IFSC Registration Charge	Per Shipper	This fee is applied when registering with IFSC (Indian Financial System Code). It covers the costs involved in the registration process, ensuring the necessary documentation and compliance with IFSC requirements for the shipper's transactions.
Origin Palletization	Per Pallet	This fee is applied when cargo underwent palletization at its origin based on your instructions. It covers the costs associated with the process of arranging and securing goods onto pallets for efficient handling and transport from the starting point of the shipment.
Phytosanitary Certification	Per Shipment	This fee is applied when obtaining a certificate for cargo as it contains plants/plant products/other regulated articles. It covers the costs involved in securing this essential certificate, ensuring compliance with regulations regarding agricultural products. This certification guarantees the health and safety of plant-based items during shipment.
A&Q Certificate	Per Shipment	This fee is incurred when obtaining a certificate for cargo as it contains animal/animal products/other regulated articles. It covers the expenses related to securing this vital certificate, ensuring compliance with regulations concerning animal-based or related items. This certification guarantees the adherence to health and safety standards during the shipment of such products.
Rubber stamp Charges	Per Shipment	This fee is applied as you couldn't provide original copies of non-DG (non-dangerous goods) certificates. It covers the cost for authorized stamping of duplicate or substitute documents, ensuring compliance with shipping regulations when original certifications were unavailable
Package Handling Charges	Per Kg	This fee is applied when picking up overweight cargo exceeding 32 kilograms. It covered the additional handling costs incurred due to the heavier weight, ensuring safe and proper handling during collection to accommodate the increased load
Re-attempt Charge	Per Shipment	This fee is applied when cargo requires redelivery due to unsuccessful initial delivery attempts. It covered the costs associated with the subsequent delivery attempts, ensuring your shipment reaches its destination after initial unsuccessful delivery.
Sunday Holiday Delivery	Per LR	This fee is incurred when delivery services are required for a Sunday, typically a non-working day. It covered the additional costs associated with arranging and executing the delivery on a Sunday, ensuring the timely arrival of your shipment despite it being on a day outside regular working hours.
Demurrage Charge	Per Kg	This fee is applied when cargo remains in the warehouse for more than 7 days beyond the agreed-upon delivery period. It covered the additional costs incurred due to the extended storage of goods, encouraging timely pickup or delivery to avoid prolonged occupancy in the warehouse.
Wildlife NOC Charge	Per Shipment	This fee is applied when cargo requires a 'No Objection Certificate' (NOC) from the Wildlife Crime Control Bureau.
Single Entry Bond Charges	Per Shipment	This fee is applied when procuring a single entry bond for you. It covered the costs related to obtaining this specific type of bond, which ensures compliance and financial responsibility for a single import or export transaction, providing necessary assurance to customs authorities
Annual Bond	Per Shipment	This fee was applied when obtaining a continuous entry bond for you on an annual basis. It covered the costs associated with securing this bond, which offers ongoing coverage for multiple import or export transactions throughout the year, ensuring compliance and financial responsibility with customs regulations
IOR Charges	Per Shipment	This fee is applied when procuring an Importer of Record (IOR). It covered the expenses related to appointing an authorized entity or individual responsible for ensuring compliance with customs regulations and facilitating the importation process on behalf of you.
Detention Charges	Per Hour	This fee is imposed when cargo remained uncleared from the airport beyond the free days provided by the airline. It covered the costs incurred due to the extended storage of goods at the airport premises.
Insurance Charges	Per Shipment	This fee is imposed as freight insurance for your shipment upon your request.
Urgent Clearance Charges	Per Shipment	This fee is applied as your cargo needed clearance in a very short time frame
Sorting Charges	Per Pallet	This charge is levied as your cargo needed rearrangement of boxes to be delivered to the destination without delays
Storage Charges (warehouse)	Per Shipment	This charge is levied as your cargo was stored a our facility
Storage Charges (bonded warehouse)	Per Shipment	This fee is imposed as your freight needed additional examination and could not be custom cleared on the same day
Storage Charges (Destination delivery warehouse)	Per Day	This fee is levied as your cargo was picked up early by the destination delivery partner and needed to be delivered the next day
PGA(FDA+) Release Charge	Per Shipment	Partner government agency that works alongside the Customs and Border Protection (CBP) that regulate commodities entering the U.S.
Repackaging Cost required for Exports	Per Carton	In case the carton is damaged or not well packed as per Amazon compliance

Accessorial charges - Ocean:

For handling accessorial charges for shipments by ocean Customer's communication must be shared before invoicing. We're working to make our services smoother and more transparent, reducing surprises and ensuring you have a clear understanding of any additional charges.
Customer Communication: Upon the assessment of accessorial charges, Customers will be promptly notified through electronic communication (email, online portal, or other approved channels) and if necessary, through calls to ensure that the Customer is informed.
Accessorials for Amazon Shipments: As the Amazon Partnered Carrier for India to US shipments, the rates for Amazon shipments to some warehouses are based on the assumption that cargo can be consolidated and executed as drayage deliveries. The list of these warehouses are managed and updated by Amazon. Hence, any accessorial incurred for deliveries to these warehouses will be based on drayage deliveries. Accessorial incurred for other warehouses will be based on transloading deliveries.
Accessorials Distribution to Shipments: Any accessorial incurred at the container level and attributable to specific shipments will be billed to those shipments, irrespective of the quantum and value. Any accessorial incurred at the container level and not attributable to specific shipments will be distributed to all the shipments in the container proportionate to the volume of the shipment w.r.t. total volume of all shipments in the container.
Accessorial Payment: All accessorials will be billed to the Customer and must be paid in full for the delivery to be completed. The Customer is also liable for any additional accessorials incurred due to the delay in accessorial payments. Refer to point 6 in this section for the details of accessorials. Any exception to this will be at the sole discretion of Company.

Accessorials Probability: The list of commonly incurred additional charges and their probability of incurrence is given below. The following charges are subject to change and will be updated from time to time.

S. No.	Accessorial Charge Name	Probability of Incurrence Peak Time	Probability of Incurrence Non-Peak Time
1	Driver Detention	54%	27%
2	Chassis	36%	29%
3	Container Storage	27%	23%
4	Customs Examination	22%	4%
5	Port Toll	16%	13%
6	Pre-Pull	11%	11%
7	Warehouse Storage	10%	1%
8	Weekend/ Night Delivery	8%	2%
9	Port Congestion	7%	5%
10	Over-Weight	5%	1%
11	Additional Work on Cargo	4%	2%
12	Drop & Pick	4%	1%
13	Chassis Split	2%	1%

Point 6 - Charge Definitions: The list of potential accessorial charges for ocean shipments and their definitions are given below.

Charge Name	Definition
Additional Haulage	Additional road transportation cost incurred (eg: if the cargo dimension/weight is different than the quote or if the cargo is not handed over on the scheduled date and time or if the driver waits for more than 4 hours due to documentation delays or reattempted delivery run)
Carting Expense	Costs incurred for inwarding the cargo at CFS without an approved checklist/shifting cargo between CFS warehouses/ Union charges
Additional Work on Cargo	Charges for additional work required on shipment (devanning, sorting, labelling, palletizing, plastic wrapping, fumigation etc)
First-time Exporter Registration	All exporters need to be registered with relevant authorities. This charge includes the application fees & service fees.
Additional Classification	Charges for customs/PGA clearance of invoices with more than free line items or clearing more than 1 invoice against a SB
Additional Export Documentation	Charge for raising objection for invalid/unavailable certificates, obtaining the certificates and/or submitting additional declarations
Warehouse Storage	Charge for storing the cargo at a CFS/External Warehouse
Customs Examination	Charges associated with additional examination by Customs Officials
Urgent Clearance	Charges for fast-tracking the export clearance, shipping bill and/or container stuffing processes to meet export cut-off time
Container Storage	Charge for storing container at a yard
Doc Amendment	Charges for amending any export/import documents like LEO, duty summary etc.
B/L Amendment	Charges to modify the Shipping Bill for customs documentation to correct or update information.
Ocean Surcharge	Surcharge added by liners to cover their costs
Container Roll Over	Charges for moving the sailing of a container to another vessel
Liner Detention	Charges for keeping the container outside the container yard/port beyond the free days
Port Demurrage	Charges for keeping the container at the terminal beyond the free days
Hazmat	Charges for handling specialised equipment to transport Hazardous cargo
IOR Fee	Charges for acting as Importer of Record/registering the importer with CBP
Continuous Bond	Cost of procuring US Customs Continuous Bond
Single Entry Bond	Cost of procuring US Customs Single Entry Bond
PGA Charge	Charge for providing clearance for items associated with Partner Governmental Agencies
Port Congestion	Charge of additional time required to pull the container from terminals in case of congestion
Port Toll	Toll for accessing specific terminals of Ports
Pre-Pull	Charge for pulling the container from the terminal before the delivery date
Chassis	Charge for hiring Chassis to move containers
Triaxle	Charge for using Tri-axle instead of Chassis to transport heavy containers
Over-Weight	Additional charge for transporting heavy containers
Truck Order Not Used	Charges to compensate the carrier for cancelling the delivery run within 24 hours of the schedule
Carrier Defect Fee	Charges to compensate the carrier for defect in their account with the destination warehouse/organisation
Dry Run	Cost of a failed delivery run
Driver Detention	Charge for waiting at the destination warehouse for more than a specified time
Layover	Charges applicable if the driver has to stay back at/near the delivery location
Weekend/ Night Delivery	Additional charges for deliveries on weekends/after 6PM
Chassis Split	Charge for the additional travel required if the chassis/container pickup and drop locations are different
Chassis Flip	Charge for shifting containers between different chassis
Drop & Pick	Charge for dropping the container at the delivery warehouse and picking it up on a later date

A detailed list of scenarios, applicable accessorials, and their rates are available for your reference in the table below:

Exceptional Scenarios & Applicable Accessorials

S. No.	Scenario	Accessorials that may be applicable
1	The cargo dimensions and/or weight are different than the booking	Additional Haulage Charge
2	The cargo is not ready for pick-up at the scheduled pick-up date and time	Additional Haulage Charge
3	The cargo is not handed over at the scheduled pick-up date and time	Additional Haulage Charge
4	Requirement of tail lift/fork-lift for cargo pickup is not communicated before booking confirmation	Additional Haulage Charge
5	Shipper is Exporting from the origin country for the first time	First-Time Exporter Registration
6	Any export related documentation of the shipper is done by Xhipment	Additional Export Documentation
7	Palletization needs to be done at the CFS	Additional Work on Cargo
8	Cargo arrival at the CFS or documents are delayed and the processing needs to be fast tracked to meet the container gate-in cut-off time	Urgent Clearance
9	Cargo arrives at a different CFS warehouse than Xhipment’s CHA	Carting Expense
10	There are multiple invoices against a Shipping Bill	Additional Classification
11	The vessel ETA & gate-in time is delayed	Warehouse Storage
12	Cargo cannot be inward to the CFS because of lack of documents and/or required registrations as per Export Regulations	Warehouse Storage
13	Cargo cannot be inward to the CFS because of lack of documents and/or required registrations as per Export Regulations	Additional Haulage Charge
14	If the cargo is arriving at a Maharashtra location in a truck not registered in Maharashtra	Additional Work on Cargo
15	Labels are not available/incorrect on the boxes	Additional Work on Cargo
16	LEO needs to be amended after customs clearance	Doc Amendment
17	The cargo is tagged for inspection by DC	Customs Examination
18	There is an error in the approved checklist or any change is required once SB number is generated and cargo is inward in the CFS	B/L Amendment
19	The cargo is marked for intensive examination by Customs on the portal	Customs Examination
20	The cargo does not arrive at the CFS before the cut-off (The previous Tuesday for every Sunday sailing)	Container Roll Over Liner Detention Warehouse Storage
21	The cargo does not arrive at the CFS before the cut-off (The previous Tuesday for every Sunday sailing)	Liner Detention
22	The cargo does not arrive at the CFS before the cut-off (The previous Tuesday for every Sunday sailing)	Warehouse Storage
23	The container is gated-in and not loaded onto the vessel due to shipper’s mistake	Port Demurrage
24	The shipper asks to inward cargo into CFS without complete documentation	Carting Expense
25	The pallets provided by the shipper don’t have fumigation certificates or fumigation stamps	Additional Work on Cargo
26	The shipping bill has 25-100 line items	Additional Classification
27	The shipment contains plant related items	Additional Export Documentation
28	RCMC is required for the cargo, but the certificate is not available/valid	Additional Export Documentation
29	Spice Board Certificate is required for the cargo, but the certificate is not available/valid	Additional Export Documentation
30	The liner has increased the ocean freight for all exporters/carriers across the board through a notification	Ocean Surcharge
31	Booked and Actual shipment volume and/or weight are different	Additional Haulage
32	If the invoice has more than the three line items	Additional Classification
33	If the shipment has one PGA related items. PGA includes FDA, EPA, Lacey Act etc.	PGA Charge
34	If the shipment has more than 1 PGA related items	PGA Charge Additional Classification
35	The importer needs to be registered with the CFS	IOR Fee
36	Xhipment partner company needs to act as an Importer on Record	IOR Fee
37	The duty summary needs to be modified due to an error in the draft summary approved by the shipper	Doc Amendment
38	The shipper doesn't have a valid CBP bond and needs Xhipment to procure a continuous bond	Continuous Bond
39	The shipper doesn't have a valid CBP bond and needs Xhipment to procure a single entry bond	Single Entry Bond
40	The container is tagged by CBP for detailed examination	Customs Examination Liner Detention
41	Customs and PGA clearances are pending at the time of vessel arrival at Destination Port	Port Demurrage
42	The delivery warehouse requires appointment for delivery and appointment is not available within last free day 1 at the port (because of warehouse congestion or vessel ETA changes)	Pre-pull Chassis/Triaxle Container Storage
43	The delivery warehouse requires appointment for delivery and appointment received is not suitable for delivery on the same day of container pull from the terminal	Pre-pull
44	There is congestion at the port terminals to pull the container	Port Congestion
45	The vessel is docked at specific terminals where toll charges are applicable	Port Toll
46	If the destination warehouse rejects the container because of capacity constraints/safety issues	Liner Detention Additional Work on Cargo Dry Run Additional Haulage Chassis/Triaxle Container Storage
47	The container weight is above 18MT for a 40’ HC container and above 16MT for a 20’ container	Over-Weight Triaxle
48	The liner asks to drop the container at a yard different from the pick-up location	Chassis Split
49	The container has to be pulled from a rail terminal	Chassis Split
50	The chassis provided by the port has a breakdown and the container needs to be shifted to another chassis to complete the delivery	Chassis Flip
51	The driver waits more than 2 hours at the destination warehouse for unloading of cargo	Driver Detention
52	The driver waits more than 10 hours at the destination warehouse for unloading of cargo	Layover Driver Detention
53	The destination warehouse is more than 250 miles from the port of discharge	Layover
54	The cargo is hazardous	Hazmat
55	The delivery warehouse requires appointment for delivery and the received appointment is on the weekend	Weekend/ Night Delivery
56	The delivery warehouse requires appointment for delivery and the received appointment is after 6PM	Weekend/ Night Delivery
57	The delivery warehouse requires appointment for delivery and the warehouse cancels/changes the appointment	Dry Run Container Storage Chassis/Triaxle
58	If appointments not available at the container yard to return the containers	Container Storage Chassis/Triaxle
59	The delivery warehouse requires appointment and the appointment needs to be cancelled within 72 hours of the received appointment	Truck Order Not Used Carrier Defect Fee
60	The container is tagged by CBP for detailed examination	Customs Examination Liner Detention
61	Customs and PGA clearances are pending at the time of vessel arrival at Destination Port	Warehouse Storage
62	The delivery warehouse requires appointment for delivery and appointment is not available within warehouse storage free days (because of warehouse congestion or vessel ETA changes)	Warehouse Storage
63	There is congestion at the port terminals to pull the container	Port Congestion
64	The vessel is docked at specific terminals where toll charges are applicable	Port Toll
65	If the destination warehouse rejects the delivery because of capacity constraints/safety issues	Dry Run Additional Work on Cargo Warehouse Storage Additional Haulage
66	The liner asks to drop the container at a yard different from the pick-up location	Chassis Split
67	The chassis provided by the port has a breakdown and the container needs to be shifted to another chassis	Chassis Flip
68	The driver waits more than 2 hours at the destination warehouse for unloading of cargo	Driver Detention
69	The driver waits more than 10 hours at the destination warehouse for unloading of cargo	Layover
70	The destination warehouse is more than 250 miles from the CFS	Layover
71	The delivery warehouse requires appointment for delivery and the received appointment is on the weekend	Weekend/ Night Delivery
72	The delivery warehouse requires appointment for delivery and the received appointment is after 6PM	Weekend/ Night Delivery
73	The delivery warehouse requires appointment for delivery and the warehouse cancels/changes the appointment	Dry Run Warehouse Storage Truck Order Not Used
74	If appointments not available at the container yard to return the containers	Container Storage Chassis/Triaxle
75	The delivery warehouse requires appointment and the appointment needs to be cancelled within 72 hours of the received appointment	Truck Order Not Used Carrier Defect Fee

Dangerous Goods:
1. The Customer shall not ship any goods which are generally classified as dangerous goods including but not limited to any goods termed as dangerous goods as per law or regulation of the port of shipment, port of delivery or any intermediate port. In case the Customer ships any dangerous goods the Customer shall be solely liable for any and all damages, costs, fines that may arise due to such goods.
Custom Duty, Detention and Demurrage Charges:
1. All charges such as but not limited to Custom duty, demurrage, port congestion fees, layover fees, pre-pull fees and detention charges will be charged at actuals and will be borne by the Customer without any deviation.
2. Custom Duty, demurrage charges must be paid by Customer in advance, unless Company agrees in writing to extend credit to the Customer. The granting of credit to a Customer in connection with a particular transaction shall not be considered a waiver of this provision by Company.
Packaging:
1. All shipments must be packaged in cartons, crates, or other packaging suitable for transportation or handling by in accordance with industry standards. The Customer shall be solely responsible for the contents, packaging, and labeling of the shipments as per applicable regulations and the terms and conditions of the selected carrier. Cargo, which is insufficiently prepared, packed or protected will be, at the Customer/consignee sole risk and expense, including risk to third parties and subject to the terms and conditions of the bill of lading. All of Company's rights and immunities in the event of loss or damage by reason of that insufficient preparation, packaging or protection are hereby expressly reserved.
General Lien and Right to Sell Customer's Property:
1. Company, shall have a general and continuing lien on any and all property of Customer coming into Company's actual or constructive possession or control for monies owed to Company with regard to the shipment on which the lien is claimed; a prior shipment(s) and/or both;
2. Company, shall provide written notice to Customer of its intent to exercise such lien, the exact amount of monies due and owing, as well as any on-going storage or other charges; Company, shall notify all parties having an interest in its shipment(s) of Company's rights and/or the exercise of such lien.
Liability:
1. Company will not be liable for damage or delays in any form (including, but not limited to, loss of data, indirect damages, consequential loss, pure economic loss, loss of opportunity, loss of revenue or profit, wrongful death, personal injury, property damage, penalties and fines, costs or any other loss) sustained by the Customer, your servants, agents, employees, insurers and third parties for whom you are liable pursuant to any legal relationship, unless you prove that the damage is a direct result of Company's gross negligence or willful misconduct. The total liability of Company shall not exceed the total amount of charges collected by Company from the Customer for the individual services performed giving rise to the claim or cause of action.
2. Company will not be responsible for any damage to the cargo if the Customer does not adhere to the standard packaging norms recommended by airlines for Air movement/shipment.
3. Company will not be liable if the cargo is held under customs due to the misdeclaration of Harmonised System (HS) codes and products by the Customer.
4. Company will not be liable if the Customer's Importer-Exporter Code (IEC) gets flagged by customs due to misdeclaration of cargo or documents by the Customer.
5. Company will not bear any charges such as storage charges, and demurrage charges that are incurred due to customs examinations and customs hold both in origin and destination.
6. Company will not be liable to pay any penalties or losses incurred to other parties due to the nature of a Customer's cargo.
7. Company shall not be liable for misclassification of Harmonised tariff schedule ("HTS") codes. HTS codes shall be suggested to the Customer as a courtesy. However, deciding the final HTS codes to be submitted to US customs is the Customer's sole responsibility. These HTS codes should be sent before the clearance is filed. Company shall provide notice about filing & give 48 hours to suggest the HTS before we use our recommended HTS.
8. Company is not liable to any penalties/ liquidation damages, misclassification charges, or duty differences implied by US Customs. The Customer is liable to pay all these charges.
9. Company is only liable to deliver the goods to the destination. We are not responsible if there is a delay in inwarding of SKUs at the warehouse or if there is a delay in the Customer's inventory going live on the concerned e-commerce platform.
Engagement of Third Parties: "Third Parties or Third Party" shall include, but not limited to the following - "carriers, truckmen, cartmen, lightermen, forwarders, OTIs, customs brokers, agents, warehouse men and others to which the goods are entrusted for transportation, cartage, handling and/or delivery and/or storage or otherwise". Unless services are performed by persons or firms engaged pursuant to express written instructions from you, we shall use reasonable care in our selection of Third Parties, or in selecting the means, route and procedure to be followed in the handling, transportation, clearance and delivery of the shipment. Communication by us that a particular person or firm has been selected to render services with respect to the goods, shall not be construed to mean that we warrant or represent that such person or firm will render such services nor do we assume responsibility or liability for any actions(s) and/or inaction(s) of such Third Parties and/or its agents, and shall not be liable for any delay or loss of any kind due to the negligence of a Third Party or the agent of a Third Party. All claims in connection with the act of a Third Party shall be brought solely against such party and/or its agents; in connection with any such claim, we shall reasonably cooperate with you, who shall be liable for any charges or costs incurred by us.
Quotations Not Binding: Quotations as to fees, rates of duty, freight charges, insurance premiums or other charges given by Company, are for informational purposes only and are subject to change without notice. No quotation shall be binding upon Company unless Company in writing agrees to undertake the handling or transportation of the shipment at a specific rate or amount set forth in the quotation and payment arrangements are agreed to between Company and the Customer. Notwithstanding the same, these terms and conditions remain binding on the Customer.
Goods & Service Tax (GST): Goods & Service Tax, shall apply in addition, on services, as notified by the Government of India, at the rate notified by the Government of India.
Freight Validity: The freight rate will remain valid for a period mentioned by Company or for any other stated validity period after which time it will be subject to review. The rate remains subject to any accessorial charges announced by the Company during this period.
Surcharges Subject Change: All surcharges are subject to change without prior notice. All applicable surcharges at the time of shipment will apply. Rates quoted are not applicable for shipments that are restricted, high density, odd dimensional, volume, dangerous, perishable or which require special handling.
Additional Charges: The quoted freight rate is exclusive of additional charges and is subject to prevailing accessorial surcharges, Special Equipment Surcharge, Over Dimensional Surcharge. by accepting the Quotation and confirming the Services, the Customer agrees to pay any extra lashings that are required to adequately stow the cargo, by direct payment to the supplier or to Company by prior arrangement.
Terms of Quotation: You, as a Customer, agree to pay the amounts presented to you in the final Quotation which is accepted by you and confirmed by Company. Further, you, the Customer agree to pay any other amounts that you owe to Company in connection with the Service. You also agree to provide any documentation reasonably requested by Company for the purposes of your shipment/Service and you are responsible for the accuracy and timely submission of such documentation to Company, whether that occurs through the Xhipment's digital platform or otherwise. We will use reasonable efforts to ensure that quotes displayed on Xhipment's digital platform or otherwise are all- inclusive. However, as we have already explained, in addition to these terms and conditions, you may be charged an amount that is additional to the amount as mentioned in the Quotation in certain circumstances.
Cancellation: In case of cancellation, a cancellation fee shall be applicable. Please contact Company for details regarding the cancellation fee.
Indemnity: You will indemnify, defend and hold Company and its officers, directors, employee and agents harmless, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with
1. your access to or use of Company or Company digital platform and/or any services made available by Company,
2. your Customer content, or
3. your violation of these terms and conditions.
Services of logistics service providers: The Company engages with logistics service providers to provide the requested services to its customers. If you provide any incomplete or wrong or insufficient information or fail to disclose any required information under law, then you are vicariously liable for the acts of the Company. You agree that you shall indemnify and hold us harmless from any and all claims, losses, penalties or other costs resulting from any such default. In addition to that you hereby agree that if any loss incurred by us, either directly or indirectly, due to any default by you, then you are liable for damages towards the Company.
Customer hereby waives all rights of subrogation against Company, its officers, members, overseas partners, and employees, arising out of any loss of or damage to goods or property over the course of the shipment or services.
Force Majeure: If at any time Company's performance is or is likely to be affected by any hindrance or risk of any kind not arising from any fault or neglect of Company and beyond the control of Company ("Force Majeure Event") and which cannot be avoided by the exercise of reasonable endeavor, Company may be excused from performance only to the extent made necessary by the Force Majeure Event and only for the duration of the Force Majeure Event, at no liability to Company or Customer. A party affected by a Force Majeure Event shall notify the other party as soon as possible, and the parties shall work together in good faith to find alternative solutions for continuation of the shipment. Should the Force Majeure Event persist for or exceed 30 consecutive days the Customer shall have the right to cancel the shipment with no liability to Company, other than payment incurred for services rendered prior to the Force Majeure Event. Company shall use reasonable commercial steps to cooperate with Customer in securing the Shipment and shall assist in its handover to Customer or its designated representative required for the same.
Special Clauses:
1. Please note that our offer is based on the conditions known at this time, as the logistics industry is severely affected by the Covid-19 pandemic. As a result, there may be an increase in transportation costs, or there may be difficulties that are not known in advance. Of course, we will keep you informed of the circumstances and cost incurred. The additional costs whatever the reason-cannot be covered by Company and must be paid by you in accordance with the new/revised quotation and the Company's Standard Terms and Conditions.
2. For the avoidance of doubt Company cannot be held liable in case of any delays and/or default in the performance of Services as mentioned under the terms and conditions/agreement/quotation/commercials due to any measures taken by, without limitation, public authorities, port authorities, shipping and any other transportation companies due to the Covid-19 virus, and/or any other epidemic or pandemic outbreaks.
3. Company shall not be held liable for any damage or any other additional charges that may accrue as a result of an event of Force Majeure, including without limitation storage charges, which shall be fully borne by Customer.