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Standard Conditions of Carriage

Home Standard Conditions of Carriage
IMPORTANT
  • All and any business undertaken by Zenith cargo is transacted to the conditions hereinafter set out and shall be deemed to be a condition of any agreement between the Zenith cargo LOGISTICS PVT LTD and its customers.
  • The Zenith cargo shall not be bound by any agreement purporting to vary these conditions unless such agreement shall be in writing and signed on behalf of the Zenith cargo by an authorised Person of the Zenith cargo. All conditions, warranties, descriptions, representations and agreements not set out in these conditions and whether they be expressed or implied by law, custom or other are hereby expressly excluded. No employee, servant, agent or representative is authorised to make any representations, statements, warranties, conditions and or agreement not expressly set forth in these conditions and the Zenith cargo is not any way bound by any them or can same be taken to from part a contract with the Zenith cargo collateral to the main contract.
  • Whenever the Zenith cargo undertakes or arranges transport storage or any other services it shall be authorised to entrust the goods or arrangements to third parties on latter’s contractual conditions. The customer shall be bound by such conditions and shall indemnify the Zenith cargo against any claims arising out of their acceptance.
  • Customer entering into transactions of any kind with the Zenith cargo expressly warrant that neither the transaction nor the carriage of the goods is in breach of any statute regulation or other law relating to postal or courier services and that they are either the owners of or the authorised agents of the owners of any goods or property being the subject matter of the transaction and by entering into the transaction they accept these conditions for themselves as well as for all other parties on whose behalf they are acting. Customers undertake to indemnify the Zenith cargo against any damages, costs and expenses resulting from any breach of these warranties.
  • The sender, owners and consignees of any goods and their agents, if any shall be deemed to be bound by and to warrant the accuracy of all descriptions, values and other particulars furnished to the Zenith cargo for customs consular and other purposes and they undertake to indemnify the Zenith cargo 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.
  • The Zenith cargo shall not be liable under any circumstances for any loss, damage or expense arising from or in any connection with marks, weights, numbers, brands, contents, quality or description of any goods.
  • These Conditions of Carriage EXCLUDE LIABILITY on the part of Zenith cargo and its employees or agents for loss, damage and delay in certain circumstances; LIMIT LIABILITY to stated amounts where liability is accepted and REQUIRE NOTICE OF CLAIMS within strict time limits. Senders should note these Conditions carefully and where necessary obtain insurance cover in order to protect their interests.
  • Shipments are subject to local tariffs and the conditions of the Zenith cargo LOGISTICS PVT LTD branches or the independent contractor which accepted the Shipment.

 

DEFINITIONS
  • “B2C Shipments” means Shipments pursuant to a commercial transaction between a business-Sender (acting for professional purposes) and an individual consumer-Recipient (acting outside of their professional purposes), and Shipments for which no details were completed in the ‘business name’ field of the (Air) Waybill.
  • “Business Delivery” means delivery made to a commercial or business premises, excluding homes, private residences and B2C Shipments.
  • “Conditions” shall mean these Conditions of Carriage which term shall also include those agreements, laws and conventions expressly referred to herein and as updated by Zenith cargo from time to time.
  • “zcargo” means, Zenith cargo LOGISTICS PVT LTD, its subsidiaries and branches, their respective employees and agents and independent contractors. The contract of carriage is with the Zenith cargo branch or independent contractor which accepts the Shipment from the Sender.
  • “The Sender”, “The Customer”, “The Consignor” or “The Shipper” means the person (natural or legal) whose name is listed on the Air Waybill as the sender.
  • “The Recipient” or “The Consignee” means the person whose name is listed on the  Air Waybill as the recipient.
  • “Package” means any single parcel or piece that is accepted by Zenith cargo, including any such items tendered by the Sender utilizing Zenith cargo automated systems, manifests or ( Air Waybills.
  • “Shipment” means one or more pieces, either Packages or freight, moving on a single Air Waybill.
  • “Air Waybill” means any shipping document, manifest, label, stamp, electronic entry or similar item used in the Zenith cargo transportation system.
  • “Delivery Company” means last mile delivery agent or destination courier company. Zenith cargo operates Self Network and connects shipment with branded courier company also.
  • “Residential Delivery” means a delivery made to a home or private residence, including locations where a business is operated from the home, and/or a delivery in which the Sender has designated the delivery address as residential.
  • “Shipping / Courier Charges” means the fees, charges and amounts assessed or levied for movement of a Shipment by Zenith cargo in accordance with these Conditions or any conditions or fees subsequently imposed, but not including other fees or charges which may be assessed, such as (but not limited to) declared value of goods, special handling fees, customs duties and taxes and surcharges.
  • “Business Day” means any day on which businesses in the country or region of shipment or in the country or region of destination are open for business. Business days and holidays may vary by country or region of destination. Customers should contact Zenith cargo for delivery commitments which may be affected.
  • “Charges” means Transportation Charges and any other charges or surcharges assessed for or levied in respect of transportation of a Shipment pursuant to these Conditions, including but not limited to Ancillary Charges, declared value charges, special handling fees and other surcharges detailed in these Conditions or any updated Conditions and, if and where applicable, customs duties and taxes and other costs reasonably incurred by Zenith cargo relating to transport of a Shipment.
  • “Declared Value for Goods” means that value, if any, indicated by the Sender on the Air Waybill, constituting the maximum amount Zenith cargo liability in connection with the Shipment of the Package.
  • “Declared Value for Customs” means the selling price or replacement cost of the Shipment’s contents as required for customs clearance purposes.
  • “Estimated Transit Time (ETT)” means the transit period given by Zenith cargo for delivering of shipment for the Zenith cargo service or the delivery time quoted by Customer Service for that Shipment which takes into account the commodity being shipped, date of shipment, destination, weight of the Shipment and value of the Shipment. Transit time will be affected according to flight connectivity, customs clearance delay.
  • “Zenith cargo Account Number” or “Zenith cargo Account” means the number issued by Zenith cargo to a customer ensuring account activity is summarized by the Zenith cargo system and the payer is billed appropriately.
  • “Prohibited Items” means the items and types of Shipments set out in https://www.zenithcargo.net/prohibited-items/
RATE
  • Rates applicable to the Shipment are as set out in the Zenith cargo standard list rates on zenithcargo.net, or as expressly agreed otherwise in the relevant Zenith cargo transportation services agreement. Zenith cargo rates do not include duties, taxes, customs clearance Charges, or any other import or export Charges applicable to the Shipment. Rates and service quotations by employees and agents of Zenith cargo will be based upon information provided by the Sender but final rates and service may vary based upon the Shipment actually tendered and the application of these Conditions. Zenith cargo is not liable for, nor will any adjustment, refund or credit of any kind be made, as a result of any discrepancy in any rate or service quotation made prior to the tender of the Shipment and the rates, and other Charges invoiced to the customer.
  • Rates applied shall be those rates applicable and in force at the time that the contract of carriage is made. Zenith cargo reserves the right to revise Charges set out in the Zenith cargo standard list rates or elsewhere on zenithcargo.net from time to time and without notice.
BILLING
  • Notwithstanding that Zenith cargo reserves the right to require payment of any Charges in advance as provided for in accordance with the Conditions, Invoices for any unpaid Charges are payable without discount within 3 days of the invoice date. Invoices for duties and taxes are payable upon receipt. Zenith cargo reserves the right to increase any amount unpaid at due date, as of right and without prior notice of remedy, by 12 % (or such amount as applied by Zenith cargo per the local applicable payment terms and conditions) as liquidated damages for administrative costs, and a yearly interest of 6 % above the RBI Rate, to be calculated per commenced month or the maximum allowed interest rate under the applicable legislation, if lower.
  • “Bill Sender” or “Bill Shipper” means Charges will be billed to the Sender.
  • “Bill Recipient” or “Bill Consignee” means Charges will be billed to the Recipient. To bill Charges to the Recipient, the Recipient must have a valid Zenith cargo Account Number and this number must be entered in the appropriate section of the Air Waybill. Bill Recipient Shipments are acceptable for carriage to specified locations only. If the Recipient refuses to pay, the Charges will automatically be billed to the Sender.
  • If applicable, duties and taxes may be assessed on the contents of Shipments. Zenith cargo is not required to make advance payment of duties and taxes and may require the Sender, Recipient or liable third party to pay Zenith cargo prior to Zenith cargo discharging any liability for duties and taxes. The Recipient will be charged for such duties and taxes unless the “Bill Sender Duties and Taxes” or “Bill Third Party Duties and Taxes” box is marked on the Air Waybill and a valid Zenith cargo Account Number is indicated on the Air Waybill.
  • REGARDLESS OF ANY PAYMENT INSTRUCTIONS OR PROVISIONS TO THE CONTRARY, THE SENDER SHALL ALWAYS REMAIN ULTIMATELY LIABLE FOR THE CHARGES INCLUDING ANY DUTIES AND TAXES, IF ANY.
  • Where permitted by law, Zenith cargo may provide electronic invoices as standard, unless the payer expressly requests otherwise.
INVOICE ADJUSTMENTS / DIMENSIONAL WEIGHT
  • Zenith cargo may audit each (Air) Waybill to verify service selected and Package/Shipment weight. If the service selected or weight entered is incorrect, Zenith cargo may make appropriate corrections to the Air Waybill and appropriate adjustments to the invoice at any time and will be entitled to charge a special handling fee for having to make such corrections and amendments.
  • When Air Waybills are produced by the Sender through any automated shipping device, any omission or incorrect entry on the Air Waybill concerning the weight or number of Packages will result in a billing based on Zenith cargo’s estimate of the number of Packages transported and Zenith cargo Conditions of Carriage either the dimensional weight at the time of billing or a standard default weight per Package estimate, as determined by Zenith cargo and which will be available upon request.
  • Charges may be assessed based on dimensional weight. Dimensional weight is determined by multiplying a Package’s length x height x width (all in centimetres) and dividing by 5000 or such other number as specified by Zenith cargo from time to time on zenithcargo.net. If the result exceeds the actual weight, additional Charges may be assessed based on the dimensional weight. The rates of such additional Charges are available upon request and may be amended, without notice, by Zenith cargo.
REFUSAL OR REJECTION OF SHIPMENTS
  • Zenith cargo reserves the right to refuse, hold, cancel, postpone or return any Shipment at any time if such Shipment would in the opinion of Zenith cargo be likely to cause damage or delay to other Shipments, goods or persons, or the carriage of which is prohibited by law or is in violation of any of these Conditions, or the Zenith cargo Account of the person or entity responsible for payment is not in good credit standing. The fact that Zenith cargo accepts a Shipment does not mean that such Shipment conforms to applicable laws and regulations or to the present Conditions.
RESTRICTIONS
  • Package size and weight restrictions vary by country or Zenith cargo services. Details are available upon request.
  • No more than one type of service may be indicated on a single Air Waybill.
  • The Shipper is allowed to ship up to 50 Packages on a single Air Waybill.
PROHIBITED ITEMS
Zenith cargo prohibits the following items for shipment to any destination and Sender agrees not to ship the same, unless expressly agreed otherwise by Zenith cargo (additional restrictions may apply depending on origin and destination):

  • Firearms, weaponry, ammunition and their parts;
  • 3-D printing machines designed, or that function exclusively, to manufacture firearms;
  • Explosives (class 1.4 explosives may be acceptable to and from some locations; further information available upon request), fireworks and other items of an incendiary or flammable nature;
  • Items resembling a bomb, hand grenade, or other explosive device. This includes but is not limited to inert products such as replicas, novelty items, training aids and works of art;
  • Military items originating from any country in which an export control license is required;
  • Human corpses, human organs or body parts, human or animal embryos, cremated or disinterred human remains;
  • Live animals, including insects and pets;
  • Animal carcasses, dead animals, or animals that have been mounted;
  • Plants and plant material, including cut flowers (cut flowers are acceptable to and from certain markets including the the Netherlands to the US, and all of Latin America; further information available upon request);
  • Perishable foodstuffs, and foods and beverages requiring refrigeration or other environmental control;
  • Pornography and/or obscene material;
  • Money, including but not limited to cash and cash equivalents (e.g. negotiable instruments, endorsed stocks, bonds and cash letters), collectible coins and stamps;
  • Hazardous waste, including but not limited to, used hypodermic needles and/or syringes or other medical, organic and industrial waste);
  • Wet ice (frozen water);
  • Counterfeit goods, including, but not limited to, goods under a trademark that is identical to or substantially indistinguishable from a registered trademark, without the approval or oversight of the registered trademark owner (also commonly referred to as “fake goods” or “knock-offs”);
  • Marijuana, including marijuana intended for recreational or medicinal use, and marijuana-derived cannabidiol (CBD), any product with a delta-9-tetrahydrocannabinol (THC) concentration of more than 0.3 percent on a dry weight basis, and synthetic cannabinoids
  • Raw or unrefined hemp plants, or their subparts (including, but not limited to, hemp stalks, hemp leaves, hemp flowers and hemp seeds).
  • Tobacco and tobacco products, including but not limited to cigarettes, cigars, loose tobacco, smokeless tobacco, hookah or shisha; and
  • Electronic cigarettes and their component parts, any other similar device that relies on vaporization or aerosolization, and any non-combustible liquid or gel, regardless of the presence of nicotine, that can be used with any such device.
Zenith cargo prohibits the following types of Shipments to any destinations and Sender agrees not to ship the same (additional restrictions may apply depending on origin and destination):

  • Shipments or commodities, the carriage, importation or exportation of which is prohibited by any law, statute or regulation;
  • Shipments that require Zenith cargo to obtain any special license or permit for transportation, importation or exportation;
  • Undeclared, excisable shipments or commodities that require regulatory approval and clearance;
  • Shipments with a declared value for customs in excess of that permitted for a specific destination;
  • Dangerous goods, except as permitted under the Dangerous Goods section of these terms and conditions; and
  • Packages that are wet, leaking or emit an odour of any kind.

Zenith cargo excludes all liability for Prohibited Items howsoever accepted (including acceptance by mistake or under notice). Zenith cargo reserves the right to reject Packages based upon these limitations or for reasons of security or safety. Zenith cargo shall be entitled to charge an administrative fee for Packages rejected and for the costs of returning goods, where applicable, to the Sender. Further information is available upon request.

EXPORT CONTROLS
Zenith cargo does not transport Shipments that violate export controls laws. Sender is responsible for, and warrants, compliance with all applicable laws, rules and regulations of any country related to the transportation of the Shipment.
DANGEROUS GOODS

Not all Zenith cargo locations accept dangerous goods, certain Zenith cargo locations do not accept specific classes of dangerous goods and dangerous goods are not accepted to ship via all Zenith cargo services. Zenith cargo reserves the right to refuse dangerous goods at any location where they cannot be accepted in accordance with applicable law.

Lithium batteries that are Primary Non-Rechargeable require pre-approval to ship.

Each Shipment must be accompanied by the IATA Shipper’s Declaration for Dangerous Goods form when required.

4 Zenith cargo is required to maintain proper segregation of incompatible dangerous goods on all vehicles and aircraft. This necessity may cause the Shipment to move on the next available truck route or flight on which proper segregation can be maintained.

PACKAGING AND MARKING

All Packages must be prepared and packed by the Sender for safe transportation by air and road assuming ordinary care in handling in an express-transportation environment and in compliance with all applicable laws, regulations and rules, including those governing packing, marking and labelling. It is the responsibility of the Sender to properly complete the Air Waybill. Each Shipment must be legibly and durably marked with the name, street, city and country address including postcode of the Sender and the Recipient. For international Shipments, the Sender’s address must state the country in which the Shipment is tendered to Zenith cargo.

Volumetric weight – Lightweight bulky parcel is charged according to volumetric weight. To calculate the volumetric weight of any parcel, the following formula applies:- Length x Width x Height (cm) / 5000=Volumetric weight (Kgs)

Any articles susceptible to damage as a result of any condition, which may be encountered in air transportation, such as changes in temperature or atmospheric pressure, must be adequately protected by appropriate packaging by the Sender. Zenith cargo shall not be liable for any damage arising out of changes in temperature, pressure or any kind of damage.

Zenith cargo does not provide temperature-controlled transport. Under no circumstances will Zenith cargo be obliged to add dry ice to Shipments or to provide re-icing services, notwithstanding any oral or written statements from the customer or Zenith cargo to the contrary. Zenith cargo does not recommend the use of wet ice (frozen water) as a refrigerant.

If the Recipient refuses a Package or the Package leaks, is damaged, or emits an odour (collectively “Leakage”) it will be returned to the Sender, if possible. If the Package is refused by the Sender, or it cannot be returned because of Leakage, the Sender will be liable for and agrees to reimburse and otherwise indemnify Zenith cargo for all costs, fees and expenses incurred in connection with the clean-up and/or disposal of the Package. Zenith cargo reserves the right, without liability, to refuse or dispose of Package showing indications of Leakage.

INSPECTION OF SHIPMENTS

Zenith cargo may, at its sole discretion, or upon the request of the competent authorities, open and inspect any Shipment without notice at any time, and shall incur no liability of any kind therefore.

Zenith cargo shall not provide any Proof of Delivery after 2 months from the date of shipment.

CUSTOMS CLEARANCE

Shipments that cross national borders may be cleared through customs. The sender is responsible for making sure goods are shipped in compliance with all customs regulatory requirements, for providing all documentation and information required for the clearance, and for representing and warrantying that all statements and information it provides relating to the goods and the clearance of the Shipment are and continue to be true, correct and complete, including the appropriate Harmonized System Code. Shipments requiring documentation in addition to an Air Waybill (e.g., a commercial invoice) may require additional transit time. WE RESERVE THE RIGHT AT OUR SOLE DISCRETION TO CHARGE YOU WITH ANY PENALTIES, FINES, DAMAGES OR OTHER COSTS OR EXPENSES, INCLUDING BUT NOT LIMITED TO STORAGE FEES, RESULTING FROM AN ENFORCEMENT ACTION BY ANY COMPETENT GOVERNMENT AUTHORITY, OR BY YOUR FAILURE TO COMPLY WITH THE OBLIGATIONS HEREBY LAID OUT.

The Sender is responsible at its own expense for making sure goods shipped internationally are acceptable for entry into the destination country under the applicable laws and complying with all licensing or permitting requirements when applicable.

The Sender may also be required to provide additional information to obtain clearance from other regulatory agencies in the destination country prior to delivery to the Recipient. Shipments that contain goods or products that are regulated by multiple government agencies within other destination countries (such as the national agencies responsible for food safety, public health protection, pharmaceuticals, medical products, plant and animal, wild life products, telecommunication and other electronic equipment standards, and comparable agencies) may require additional time for clearance. All charges for sending to and return from countries where entry is not permitted will be charged to the Sender.

When Shipments are held by customs or other agencies due to incorrect or missing documentation, Zenith cargo may attempt to notify the Recipient. If local law requires the correct information or documentation to be submitted by the Recipient and the Recipient fails to do so within a reasonable time as Zenith cargo may determine, the Shipment may be considered undeliverable subject to applicable laws (see Section of Undeliverable Shipments). If the Recipient fails to supply the required information or documentation and local law allows the Sender to provide the same, Zenith cargo may attempt to notify the Sender. If the Sender also fails to provide the information or documentation within a reasonable time as Zenith cargo may determine, the Shipment will be considered undeliverable subject to applicable laws. Zenith cargo assumes no responsibility for its inability to complete a delivery due to incorrect or missing documentation, whether or not Zenith cargo attempts to notify the Recipient or Sender.

Where permissible by local law or unless instructed otherwise Final delivery company will provide customs clearance of international Shipments. Consignee has to submit the Shipment information to customs and other regulatory agencies for clearance. Final delivery company may charge an ancillary clearance service fee, where applicable, on international Shipments for clearance processing, for services requested by the Sender, Recipient or third party, or to recover the costs passed to Delivery company by the regulatory agency for regulatory filing. The types and amounts of fees vary by country.

Zenith cargo will act as agent for Sender or Recipient (as applicable) solely for the purpose of clearing and entering the Shipment through customs. When applicable and appropriate, Sender shall authorize Zenith cargo, or the broker designated by Zenith cargo, to make and file customs declarations and all related actions as a direct representative, in the name of and on behalf of and at the risk of the Sender or Recipient. Sender shall ensure Recipient authorizes Zenith cargo in accordance with this provision, when applicable.

Delivery company will not advance or bill any duties and taxes if the Clearance Broker has been appointed. Commodity acceptability and restrictions when using Delivery Company International Broker Select vary by country.

For Shipments that must be cleared through customs by the Recipient, Delivery Company will deliver the customs paperwork to the Recipient, and delivery of paperwork constitutes timely delivery.

DUTIES AND TAXES

In order to complete clearance of certain items through customs, Delivery Company may advance duties and taxes as assessed by customs officials on behalf of the payer and assess a surcharge for doing so. For all Shipments, Delivery Company may contact the payer and require confirmation of reimbursement arrangements as a condition to completion of clearance and delivery, and at the discretion of Delivery Company, require payment of duties and taxes before release of the Shipment to the Recipient. Contact Zenith cargo customer service for further details.

In the event the accuracy or propriety of duties and taxes assessed on a Shipment is disputed, Delivery Company or its designated broker may review the shipping documents tendered with the Shipment. If Zenith cargo determines that the duties and taxes were properly assessed, the Sender agrees to pay the duties and taxes or the Sender undertakes that the Recipient pays, as applicable.

In the event Delivery Company advances duties, taxes or other fees, on behalf of the payer, the payer will be assessed an ancillary clearance service fee based on a flat rate or a percentage of the total amount advanced.

REGARDLESS OF ANY PAYMENT INSTRUCTIONS TO THE CONTRARY, THE SENDER IS ULTIMATELY RESPONSIBLE FOR PAYMENT OF DUTIES AND TAXES AND ALL FEES AND SURCHARGES RELATED TO OUR ADVANCEMENT OF DUTIES AND TAXES IF PAYMENT IS NOT RECEIVED. If a Recipient or a third party from whom reimbursement confirmation is required refuses to pay the duties and taxes upon request, we may contact the Sender, for the same. If the Sender refuses to make satisfactory arrangements to reimburse Zenith cargo, the Shipment may be returned to the Sender (in which case, Sender will be responsible both for original and return charges), or placed into a general order warehouse or a customs-bonded warehouse, or considered undeliverable. If Transportation Charges for a Shipment are billed to a credit card, Zenith cargo reserves the right to also settle uncollected duties and taxes charges associated with that Shipment to the credit card account.

Subject to the options available at specified locations, if Zenith cargo cannot obtain satisfactory confirmation of arrangements to reimburse it for amounts to be advanced for duties and taxes, a Shipment might be delayed. Such delays, or any other failure to comply with these Conditions, constitute liabilities not assumed and not service failures.

We assume no responsibility for Shipments abandoned in customs, and such Shipments may be considered undeliverable.

ROUTING AND DELIVERY

Zenith cargo reserves the right to route a Shipment in any way it deems appropriate. There are no stoppages on route, which are agreed upon at the time of tender of the Shipment. Some Shipments may be consolidated or forwarded by Zenith cargo for transportation on third party vehicle, as Zenith cargo may determine in its sole discretion. The Sender agrees to Zenith cargo right to divert any Shipment (including use of other carriers) in order to facilitate its delivery.

Zenith cargo may deliver to the Recipient at the address mentioned on the Air Waybill, or to someone other than the person or entity named on the Air Waybill having apparent authority to accept the Shipment in the name and on behalf of the Recipient. Shipment addresses should always include the complete address of the Recipient and its telephone or mobile number. The Shipper recognizes and explicitly accepts that in certain destination countries, the delivery may be made to a third party or to a letterbox or any other place accessible to the Recipient. (Post office box addresses may be used for certain international locations but must include a valid telephone, mobile number on the Air Waybill.

Zenith cargo shall not be liable in any circumstances for any claim, which relates to seizure or detention of goods in the course of transit by Customs or other government authorities.

Shipments to hotels, hospitals, government offices or installations, university campuses or other facilities which have a mail room or central receiving area may be delivered to the mail room or central receiving area, unless otherwise authorized and approved by Zenith cargo prior to shipping.

Dangerous goods may not be rerouted to an address other than the original intended address of the Recipient provided by the Sender. (Note: Shipments may be made available as hold for pickup or be returned to the Sender.)

Any requested change to an address that is not a reroute or an address correction is a new Shipment, and new Transportation Charges will apply.

At its sole discretion, Zenith cargo may refuse to pick up or deliver a Shipment, or use alternative pickup or delivery arrangements, to maintain the safety of its employees and in cases in which Zenith cargo believes that its services may be used in violation of any applicable laws, regulations or rules.

UNDELIVERABLE SHIPMENTS

An undeliverable Shipment is one that cannot be delivered for reasons that include, but are not limited to, any of the following: (i) the Recipient’s address is incomplete, illegible, incorrect or cannot be located, (ii) the Shipment was addressed to an area not served by Delivery Company, (iii) the Recipient’s place of business is closed (iv) delivery is impossible because of the unavailability or refusal of an appropriate person to accept delivery or sign for delivery of the Shipment on the initial delivery attempt or reattempts, (v) the Shipment is unable to clear customs, (vi) the Shipment would likely cause damage or delay to other Shipments or property, or injury to persons, (vii) the Shipment contains prohibited items, (viii) the Recipient is unable or refuses to pay for a Bill Recipient Shipment, (ix) the Shipment was improperly packaged or (x) the Shipment’s contents or packaging are damaged to the extent that re-wrapping is not possible.

If a Shipment is undeliverable for any reason, Zenith cargo may attempt to notify the Sender to arrange for the return of the Shipment, without prejudice to any local regulatory constraints. If the Sender cannot be contacted within five (3) Business Days or fails to give instructions within a reasonable period of time as determined by Zenith cargo, Delivery Company at its sole discretion, may return the Shipment to the Sender; or place the Shipment in a general order warehouse or customs-bonded warehouse or dispose of the Shipment. If a Shipment cannot be delivered, cleared through customs or returned, the Shipment may be transferred or disposed of by Delivery Company at its sole discretion. The Sender will be liable for any and all costs, Charges and fees incurred in returning, storing or disposing of an undeliverable Shipment, unless the Shipment was undeliverable due to the fault of Delivery Company.

Shipments that cannot be returned due to local regulatory constraints will either be placed in a general order warehouse or a customs-bonded warehouse or disposed of at Delivery Company’s sole discretion and at any location. The Sender agrees to pay any costs incurred by Delivery Company in such placement or disposal.

Return Charges will be assessed to the Sender together with the original Charges, unless the Shipment was undeliverable due to the fault of Delivery Company. Also included will be any other Charges incurred by Delivery Company including but not limited to duties, taxes and storage fees, if applicable. For returned Shipments containing dangerous goods, the Sender must supply a completed return Air Waybill and all other required documents.

DECLARED VALUE AND LIMITS OF LIABILITY

As per the the Netherlandsn customs 25000/- INR value of goods can be shipped through courier (CSB- IV) mode. If goods value is more than 25000/- INR it must be shipped CSB – V or Commercial mode. It is Customers duty to provide genuine goods value.

EVEN IF A HIGHER VALUE FOR CARRIAGE IS DECLARED, THE LIABILITY OF Zenith cargo FOR LOSS OF OR DAMAGE TO THE CONTENTS OF A SHIPMENT WILL NOT BE MORE THAN THE ACTUAL OR DECLARED VALUE OF THE CONTENTS OF THE SHIPMENT AND Zenith cargo SHALL BE ENTITLED TO REQUIRE INDEPENDENT PROOF OF THE VALUE OF THE CONTENTS OF A SHIPMENT FOR WHICH A CLAIM IS MADE.

The Zenith cargo shall not be liable for or in respect of any loss or damage suffered by the customer howsoever caused or arising and without limiting the generality of the foregoing, whether caused or arising by reason or on account of loss or damage to goods, mis-delivery or non-delivery, delay in delivery, concealed damage, deterioration contamination, evaporation, cancellations or delays in scheduled air flights, in customs procedures or any internal re-mailing or any other means of on- forwarding in or to overseas countries, war, invasion, acts of foreign enemies, hostility (whether war be declared or not ), civil war, rebellion, insurrection, military or usurped power, confiscation or under the order of any Government or public or local authority and whether or not the same shall be due or alleged to be due to the negligence or any deliberate misconduct or any wrongful act on the part of the Zenith cargo, its servants or agents or any other person entity.

The maximum Declared Value for Customs and Carriage is limited and may vary per location. If applicable, the Claim Value of Carriage cannot exceed the Declared Value for Customs.

Zenith cargo is not liable for any loss of, damage to, or delay, mis-delivery or non-delivery of unacceptable Shipments, including but not limited to cash or currency

If the Declared Value for Carriage for a Shipment exceeds the authorised limits, such value shall automatically be reduced to the authorized limits for such Shipment.

Regardless of the Declared Value for Carriage of a Package, Zenith cargo liability for loss, damage, delay, mis-delivery, non-delivery, misinformation, any failure to provide information, or mis-delivery of information, will not exceed the Shipment’s repair cost, its depreciated value or its replacement cost or declared value whichever is less.

The contract between the Zenith cargo and its customers shall be governed by local law and the parties submit to the exclusive jurisdiction of the local courts competent to deal with disputes arising out of this contract.

NO WARRANTIES or GUARANTEES

Save as expressly set out herein Zenith cargo makes no warranties /guaranties , express or implied.

CLAIMS

There will be no any claim due to damage, delay or shortage of parcel contents. Delivery Company reserves the right to inspect damaged Shipments on the customer’s premises as well as the right to retrieve the damaged Package for inspection at a Delivery Companies facility.

All of the original shipping cartons, packing and contents must be made available for inspection by Delivery Company and retained until the claim is concluded.

Any dispute arising between the parties or any dispute or differences arising from this consignment as to the performance or non-performance of the foregoing terms and conditions shall be subject to the exclusive and irrevocable jurisdiction of courts at America”