PRX — Terms & Conditions

TERMS & CONDITIONS:

  • 1. THE WAY BILL
  • 1.1 The PRX Waybill is non-negotiable and the shipper acknowledges that it has been prepared by the shipper or by PRX on behalf of the shipper.
  • 1.2 The responsibility of PRX for a shipment accepted under a Waybill ceases when the consignee acknowledges the receipt of the shipment by affixing signature on the return to origin copy and/or the delivery sheet.
  • 1.3 All shipments under the Waybill are carried at Owner's Risk.
  • 2. SHIPPER OBLIGATION AND ACKNOWLEDGEMENT
  • 2.1 By tendering materials for shipments via PRX, it is deemed that the shipper agrees to the terms and conditions stated herein.
  • 2.2 The shipper warrants that he is the owner or the authorised agent of the owner of the goods transported hereunder and that the shipper hereby accepts PRX terms and conditions for itself and/or as an agent for and on behalf of any other person having any interest in the shipment.
  • 2.3 The shipper warrants that each article in the shipment is properly described in this Waybill and it does not contravene the provisions of the Indian Post Office Act or any other law for the time being in force and has not been declared by PRX to be unacceptable for transport as specified under Section 12 below, and that the shipment is properly marked, addressed and packed to ensure safe handling.
  • 2.4 The shipper shall be solely liable for all costs and expenses which shall without limitation include octroi, state and local taxes and imposts related to the shipments, and for costs incurred either in returning the shipment to the shipper or warehousing the shipment pending such return.
  • 2.5 The shipper accepts the condition that the shipment is being carried by PRX from point of tendering only up to the address shown on this Waybill and in case this shipment has to be rerouted/redirected for any reason whatsoever, the shipper shall pay in advance all charges levied by PRX for such rerouting/redirection/return as per the normal schedule of PRX, as also any octroi, state/local taxes, imposts etc. applicable thereon. PRX will hold such shipments at the destination mentioned on the Waybill for a maximum period of 10 days from the date of shipment. Thereafter PRX reserves the right to destroy the shipment without informing the shipper and the shipper shall indemnify PRX against any claim or liability.
  • 2.6 Packing of the material rendered for the shipment is the responsibility of the shipper, including placement of such materials inside the containers supplied by PRX if any, notwithstanding anything else stated in these terms and conditions.
  • 3. PRX RIGHT OF INSPECTION OF SHIPMENT
  • 3.1 PRX has the right, but not the obligation, to open and/or inspect the shipment.
  • 3.2 PRX reserves the right to refuse any shipment not conforming to these terms and conditions without assigning any reason whatsoever.
  • 4. INSURANCE
  • 4.1 While PRX has developed a sophisticated tracking system for all shipments carried in its network and has experienced manpower to handle all shipments, the shipper may, if he so desires, insure shipments at his own cost.
  • 5. OCTROI
  • 5.1 Any octroi, sales tax or duties as may be applicable on this shipment will be payable by the consignee at the time of delivery of the shipment. PRX reserves the right of lien on any shipment till all its duties are paid in full in respect of freight, octroi, taxes and other charges.
  • 6. CHARGEABLE WEIGHT
  • 6.1 Every shipment shall be charged by its chargeable weight as defined hereunder and not the actual weight. The chargeable weight shall be the higher of: (a) the actual weight rounded off to the next higher half kg or one kg as per the rate category agreed to, or (b) the volume weight similarly rounded off as in (a) above.
  • 6.2 Volume weight of the shipment in kilograms is its gross cubic volume in cubic centimetres divided by 6000.
  • 7. LIEN ON GOODS SHIPPED
  • 7.1 PRX will have a lien on goods shipped for all freight charges, octroi, customs, state and local taxes, and other charges of any kind arising out of transportation and warehousing services hereunder, and may refuse to surrender possession of goods until all such charges are paid.
  • 7.2 Further, if such charges are not paid to PRX within 10 days, then PRX may store the goods at the defaulting shipper's/consignee's own risk.
  • 7.3 PRX reserves its right to sell the goods by public auction, tender, private agreement or otherwise, or even destroy the goods without prejudice to PRX's other legal remedies to recover its costs, charges and expenses, if the charges are not paid by the shipper/consignee within 10 days (except for restricted/banned items as indicated in Section 12).
  • 7.4 PRX does not carry any perishable goods. However, in case perishable goods enter PRX's network, PRX shall have the right to dispose of or sell the goods immediately and without any notice, and the shipper shall keep PRX indemnified against all claims, charges and expenses incurred by PRX due to such perishable goods entering into the network of PRX.
  • 8. LIMITATIONS OF LIABILITY
  • 8.1 Without prejudice to Section 9 and Section 10, the liability of PRX for any loss or damage to the shipment (which term shall include all documents or parcels consigned through PRX) shall be the lowest of:
    • (a) Rs. 100/- or
    • (b) The amount of loss or damage to the document or parcel actually sustained, or
    • (c) The actual value of the document or parcel as determined without regard to the commercial utility or special value to the shipper.
    (i) The actual value of the document or parcel shall be ascertained by reference to the cost of preparation or replacement/reconstruction value at the time and place of shipment but under no circumstances shall exceed Rs. 500/-.

    (ii) The actual value of a parcel (which term shall include any item of commercial value transported hereunder) shall be ascertained by reference to its cost of repair or replacement/resale or fair market value not exceeding the original cost of the article actually paid by the shipper, subject to and within an overall limit of Rs. 500/-.
  • 9. CONSEQUENTIAL DAMAGES EXCLUDED
  • 9.1 PRX shall not be liable in any event for any consequential or special damages or other direct or indirect loss howsoever arising, whether or not PRX has knowledge that such damages might be incurred, including but not limited to loss of income, profits, interest, utility or loss of market.
  • 10. LIABILITIES NOT ASSUMED
  • 10.1 In particular, PRX will not be liable for any loss or damage to the shipment or a delay in picking up or delivering a shipment if it is:
  • A) Due to circumstances beyond PRX's control:
  • Acts of God, force majeure, or any cause reasonably beyond the control of PRX.
  • Loss or damage caused through strikes, riots, political and other disturbances.
  • Fire, accident of the vehicle carrying the goods, or explosions beyond the control of PRX.
  • B) Caused by:
  • The act, fault or omission of the shipper, the consignee or any other party claiming interest in the shipment (including violation of any terms or conditions thereof) or any other person.
  • Carriers such as airlines or airways not adhering to schedule for any reason whatsoever.
  • Government officials in the discharge of their official duties such as customs/taxation/octroi inspection etc.
  • The nature of the shipment or any defects, characteristics or inherent vice thereof.
  • Electrical or magnetic injury, erasure or other such damages to photographic images or recording in any form.
  • 10.2 The shipper indemnifies PRX against losses, damages, penalties, actions, proceedings etc. that may be instituted by any government official in discharge of their official duties such as customs/taxation/octroi inspection etc.
  • 10.3 Notwithstanding the above, whilst PRX will endeavour to exercise its best efforts to provide expeditious delivery in accordance with its regular delivery schedule, PRX will not under any circumstances be liable for delay in pick-up, transportation or delivery of any shipment regardless of the cause of such delay.
  • 10.4 No liability is assumed for any errors and/or omissions in any information/data imparted in respect of the shipment travelling under the Air Waybill.
  • 11. CLAIMS
  • 11.1 Any claim must be brought by the shipper and delivered in writing to the office of PRX nearest to the location at which the shipment is accepted, within 30 days of the date of such acceptance. No claim can be made against PRX beyond this time limit.
  • 11.2 No claim for loss or damage will be entertained until all charges have been paid. The amount of any such claim will not be deducted from any transportation charges owed to PRX.
  • 12. RISK SURCHARGES
  • A) If the sender has availed of external insurance, the same shall be declared on the consignment note as "Owner Risk" and the applicable surcharge thereof shall be paid at the time of tendering the shipment. In such cases PRX will issue a "COF – Certificate of Facts" if the consignment gets damaged or lost while in transit. In cases of external insurance by the parties, in the event of receiving a claim amount or any part thereof from the insurers, the parties agree not to subrogate their rights in favour of the insurers.
  • B) If the sender opts for transportation of consignment at "Carrier Risk", the sender shall pay the risk surcharge in accordance with the rates mentioned below.
  • C) The risk surcharge for "Owner Risk" or "Carrier Risk" shall be calculated as per the minimum charges or percentage of the declared carriage value, whichever is higher.
  • Declared Value for Carriage Owner Risk Carrier Risk Not Opted for Any Risk Cover
    Rs. 0 to Rs. 50,000 0.2% or Rs. 25 (min) 2% 0
    Rs. 50,000 to Rs. 1 Lakh 0.10% 2% User has to select one option
    Rs. 1 Lakh to Rs. 2 Lakhs 0.10% 1% User has to select one option
    Rs. 2 Lakhs to Rs. 10 Lakhs 0.10% Not available User has to select one option
    Above Rs. 10 Lakhs Not available Not available Not available
  • 13. MATERIALS NOT ACCEPTED FOR CARRIAGE
  • 13.1 Except as per written agreement between the shipper and PRX, the following are not accepted for carriage:
    • A. Items not permitted by the laws/rules/restrictions in force.
    • B. Any items notified by PRX to be restricted/banned/dangerous/prohibited, including share certificates and blank signed share transfer forms.
    PRX shall not be liable for any such shipment and the shipper shall keep PRX indemnified against all claims, charges and expenses incurred by PRX due to such restricted/banned/dangerous/prohibited items entering into the network of PRX through the shipper.
  • 13.2 A detailed list of materials not accepted for carriage is available on request.
  • NOTE: All disputes & claims are subject to Hyderabad jurisdiction.