II. Terms of Use of Services:
Scope of Services:
The Website and the Software are technology-based platforms which provide LOCAL, DOMESTIC & INTERNATIONAL Courier and transportation and delivery services (“Services”) to customers who/which wish to avail the Services of the Company.
Orders
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You agree to take full care while making a booking request for the Services on the Website or the Software and further represent and warrant that the details provided are true, complete and accurate in all aspects.
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You also warrant that the credit or debit card details that you provide are for your own credit, debit card and that you have sufficient funds to make the payment for the services requested.
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You agree that you are the owner or have legal right of possession of the goods and the transportation of goods ordered by you as part of the Services.
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On the placement of a booking request for the Services, using telephone, the Website or the Software, the system will send an order number via SMS on your registered mobile number and/or e-mail on registered e-mail ID respectively (“Confirmation Message”) confirming the receipt of a booking request within twenty (20) minutes of placing the booking request if such request is made within the operational hours of the Company, and on the next day if such request is made after the operational hours of the Company.
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For provision of Services outside the operational hours of the Company, you may contact the Company for further information regarding the terms and conditions of such Services. In case of any discrepancy or inconsistency between the booking request placed and Confirmation Message received or in the event of non-receipt of any Confirmation Message, you must inform the Company immediately.
Delivery
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You undertake that the details set out in the order placed by you are true, correct and accurate in all substantial respects and no material fact is suppressed or is omitted.
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Any material mismatch in the description of the goods as set out in the order and the goods shall be your responsibility and you undertake to indemnify the Company from any loss or damage due to such discrepancy.
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In the event any delivery of goods is delayed or is returned from its destination on account of such a mistake by you or any such discrepancy in the description of the goods as set out in the order, any additional costs incurred by the Company for re-delivery of the goods shall be borne and paid by you alone.
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You must ensure that at the time of handover of goods and at the place of delivery of the goods, adequate arrangements, including access where necessary, are in place for the safe loading and unloading of the goods, if required. The Company shall not be held liable for any damage, cost or expense incurred to such goods or premises where it arises as a result of a failure on your part to provide adequate access/ address or any other instructions or arrangements for handover of goods by you and delivery of the goods by the consignee.
Payment Terms
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Invoices are due and payable within the stipulated days from the invoice date as mentioned in the agreement.
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All invoices shall be deemed accurate unless Customer advises Bombax in writing of a material error within 7 days following receipt.
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If Customer advises Bombax of a material error:
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a. any amounts corrected by Bombax in writing shall be paid within 14 days of correction and
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b. all other amounts shall be paid by Customer by the due date
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If Customer withholds payment upon an assertion that an invoiced amount is erroneous, and Bombax concludes that such amount is accurate, Customer shall be liable to pay interest as described below from the due date for such amounts until Bombax’s receipt of those amounts.
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a. Bombax may charge interest at the rate of 1.5% per month on undisputed overdue amounts, or the maximum rate permitted by law, whichever is less.
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Customer may not offset, defer or deduct any invoiced amounts that Bombax determines are not erroneous following the notification process set forth above.
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Bombax, without waiving any other rights or remedies and without liability to Customer, may refuse additional orders for Products until all overdue amounts are paid in full.
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Bombax shall be entitled to all reasonable legal and attorney fees and associated costs of collecting overdue amounts.
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If in Bombax’s sole-judgment Customer's financial condition does not justify the terms of payment specified herein, Bombax may cancel this contract unless Customer shall immediately pay for all products which have been delivered and pay in advance for all products to be delivered. Products held for Customer are at Customer's sole risk and expense.
III. INSURANCE POLICY:
Bombax uses TATA AIG as its insurance partner and all claims have to be processed and approved by TATA AIG as
per their terms and conditions in order for the customer to successfully lodge a claims process.
By "securing your parcel" and "confirming your order" you are agreeing to be bound by the terms and conditions
of TATA AIG Marine policy as mentioned on: https://www.tataaig.com/claims-process
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Insurance can only be availed of for parcels and booked under 'non-documents'.
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For all bookings of valuable parcels, the customer must declare the value and have a recent tax invoice as proof of the value (less than 3 months old).
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The customer must select “Insure Parcel” option in the software and pay the 2% + GST insurance charges on the total value of the parcel to avail of any claim in case of loss or severe damage in transit.
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A copy of the recent tax invoice will have to be handed over to the delivery agent at the time of pick up of the parcel.
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It is the responsibility of the customer to ensure that that parcel is adequately packed and is secure and will bear the wear and
tear of transit. The company will not accept any liability if the packaging is damaged whilst in transit.
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In the event the parcel is lost or severely damaged whilst in transit and insurance has not been selected and paid for by the customer,
the company will bear NO LIABILITY WHATSOEVER for any damage or loss.
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In the event the parcel is lost or severely damaged whilst in transit and insurance has been paid for by the customer,
and the packaging and all supporting documents are in order including recent GST invoice along with customer GST number as
proof of the value of the shipment, then the customer will be eligible to lodge a claim for the value of the shipment declared.
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To claim any insurance due to loss / damage in transit, the claim must be lodged within 24 hours of the shipment being delivered
at destination along with the necessary proof of damage i.e. photographs of the external damage (before opening the parcel)
and internal damage to the shipment (after opening the parcel) along with the relevant documentation including the matching
item code on the item as mentioned on the GST invoice.
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TATA AIG will conduct their own enquiry and investigation to assess the damage and settle the claim as per their terms and conditions.
In no way will Bombax be liable over and above forwarding the claim to TATA AIG and following up on the customers behalf.
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Under no circumstances customer should place orders with value more than 50,000 rupees without prior written
confirmation from the management team of Bombax.