Terms & Conditions - Kancaroo Car Carriers

Work Rules (No Liability of Carrier but of Client/Party)

The carrier is not responsible for any damage or loss related to the transportation, storage, handling, or towing of the material. No person on behalf of the company is authorized to accept liability for the mentioned services.The client/party assumes liability for any losses or claims arising from the services provided by the carrier.

Cargo Restrictions: The carrier will not be liable for the transportation of hazardous goods, gold, silver bullion, share certificates, etc.
Proper transit documents are required, and any contraband or illegal materials are not covered under the contract.
Insurance: The consignment is not comprehensively insured through recognized underwriters by default or through the carrier under section 11 of the Carriage by Road Act 2007.
Limitation of Liability: No person is authorized to accept additional or increased liability on behalf of the company beyond what is specified in the terms and conditions printed on the consignment note.

Liability Rules

A. No liability of Carrier: The Carrier will not be liable for any losses, not withstanding whether the material is booked under section 10 or section 11 for Following

Carrier will not be liable for the protection provided under the act, such as misrepresentation, negligence, or acts covered under Section 17 of the carrier Act 2007. This includes liability arising out of acts of God, acts of war, or public enemy, loss incurred due to government intervention, prevention or restraint, or seizure under legal process. Additionally, the carrier is not responsible for losses arising from prohibitions imposed by government agencies.
The carrier will not be liable for any consequential losses.
The carrier will not be liable for any inadequate packing or inherent vices in the goods being transported.
The carrier will not be liable for any losses arising out of force majeure conditions.
The carrier is not liable for any claims or losses to any person not provided by the carrier
The carrier will not be responsible or liable for services provided by other carrier vendors in cases where the carrier is acting as an agent or forwarder for those carrier/vendors.
There will be no liability of the carrier for any reason whatsoever other than those explicitly defined in the following clauses.

B. Unimpaired Liability for the material booked under Section 10

Carrier undertakes to take all practical and reasonably prevalent care for the cargo, but its liability is limited for reasons attributed to the carrier, as follows:
For Loss/Damage of material, ten times the pro-rata freight charges of the material lost/damaged.
Loss due to any error/handling/losses of documents/forms/tax permits, etc.: Rs.500/- per case/incident.
Loss due to delay in transit for ordinary consignment: 0.5% of freight per day per consignment, subject to a maximum of 100%, and after taking the average transit time of 100 km. per day, excluding loading and unloading days.

C. Liability under section 11 (extra freight charges payable to the carrier)

All material will be deemed to be booked under section 10 unless the client has expressly desired in writing, before booking the material, to be booked under section 11. The same must be duly recorded on the consignment note along with extra charges as FOV.
In case the client wishes to book its material under section 11, then the client has to pay extra freight charges (FOV) to the carrier for loss/damage to the material or losses due to delay by paying the premium of the same. If the material is insured by any underwriter other than the carrier, then the material shall be deemed to be booked under section 10 for limited liability for the risk covered/premium charged by the said underwriter, notwithstanding any contrary stipulations or conditions on Goods Forwarding Note/Consignment Note/Contract until the client/party.
FOV in case of the loss/damage of material: the same will be mentioned at the consignment note, detailing the value of goods for each transaction/document/ consignment note. The liability of the carrier is limited up to the pro-rata declared value of the goods for loss/damage or up to the replaceable value in case of live goods.
In the event of damage/loss, etc., of live goods in transit, then the party is to lodge a claim with the insurance company seeking compensation for the damage, and the carrier will provide the requested cooperation.

D. Safety, Tie-in & System

Withdrawal or Change of Equipment: The client does not and will not possess any material/equipment/vehicles of the carrier and/or those supplied by the carrier through its agent/vendor for any reason whatsoever. The carrier has the absolute right, at its sole discretion or pleasure, to withdraw, take away, or change the equipment/vehicles/materials and/or any personnel provided to the client.
Flexibility in Service Provision: The carrier has the absolute right, at its discretion, to use any mode, route, equipment, personnel, hub, warehouses, procedures, and/ or any combination to provide transportation/logistics services. The carrier also has the absolute right to engage any agents, outsource agency, or subcontractor for the full and/or part of the services to be provided.

Payment

All charges for any services to be provided are payable in advance and/or before the delivery of material unless specified otherwise. The charges have to be paid immediately upon the presentation issue of the consignment note or presentation of the invoice/bill for the same, payable at the head office of the carrier and/or any other agreed-upon place.
In case of any credit, the same has to be agreed upon in writing in advance, and in that case also, any payment will be strictly adjusted on a first-bill basis.
For any overdue payment, 1% per week carry forward/penal interest will be charged and becomes payable along with the due payment. The carrier may ask for advance payment if the credit exceeds the credit limit, as per the discretion of the carrier.
No payment can be withheld/stopped for any reason whatsoever. Also, the carrier reserves the right to stop the work/services at any time and charge a lien on the material under its control/subsequently coming under its control for any delayed payments.

E- Communication

All communication by email/electronic media, unless otherwise specified, including billing/proof of delivery/work order/rate confirmations/consignment note, etc., will be considered proper and sufficient by either party, i.e., carrier and the client.

Claims

All claims for which transit risk coverage has been taken from the carrier should be notified at the head office of carrier in Delhi immediately upon becoming aware of the incident. Also, a formal written claim with all proofs should be lodged within 3 days, and a proper receipt should be taken of the same. No claim will be entertained after 3 days of the incident.
The carrier undertakes to pay the claim if any, or as per the applicability as defined in the above liability rules under the said act, after due verification, normally within 180 days of the client/party lodging the claim.

Jurisdiction

All disputes will be referred to the arbitrator appointed with mutual consent between the client and carrier at Mumbai only, whose decision will be binding on both the client and carrier.

For all matters, the jurisdiction lies in the court of Delhi only. Regd. under SME Act:DL06F0004140.