MSC EXPRESS AND LOGISTICS

1. MSC EXPRESS LOGISTICS WAY BILL
This Way Bill is to be regarded as the “Contract” BETWEEN THE Owners or Dispatchers of the goods specified on the face of this way bill on the one hand and MSC EXPRESS LOGISTICS here in after referred to as “MSC EXPRESS LOGISTICS” (Which term shall include its employees, servants, Agents) on the other hand for the transportation of the asking goods as booked from booking station specified on the way bill to the destination station.
This way bill is NOT NEGOTIABLE with any Bank/Any Finance Company/Finance Institution.
All Shipments carried under this Way Bill are carried under CARRIERS ACT AND OWNER’S RISK otherwise and until specifically agreed to y the MSC EXPRESS LOGISTICS. By charging specific Risk Charges which are at present @ 0.2% of the value of cargo under owner’s risk as mentioned on the front of this way bill.

2. MSC EXPRESS LOGISTICS accepts all kind of Goods for Transportation like:
Valuables, Commercial Documents, Literatures, Sophisticated/High Technology Goods, Papers, Manuscripts, Securities of all kind, Materials, Mechandise, Trade Samples and other items of alike nature but EXCLUDING all Dangerous, explosives, hazardous, inflammabale, Combustible, Contrabond and prohibited goods, bullion germs, currency notes etc. MSC EXPRESS LOGISTICS has the right but not obligation to open and/or inspect all of the consignment.
Every shipment shall be charged by its chargeable weight and not by its actual weight.

3. CARRYING TERMS & CONDITIONS
“MSC EXPRESS LOGISTICS” hereby agrees to carry the goods from Booking Station (Consignor) to the Destination Station (Consignee) as specified on the face of this Way Bill on terms and conditions as set hereunder:
All goods are accepted for Transportation by Road at the sole discretion of the MSC EXPRESS LOGISTICS to carry the goods through any media as it may deem fit. The Consignment are accepted for transportation by MSC EXPRESS LOGISTICS on Consignor(s) declaration that they do not contain and CONTRABAND or PROHIBITED GOODS and properly packed, marked and addressed so as to ensure safe transportation and delivery. The Consignor(s) acknowledgement that the MSC EXPRESS LOGISTICS at all times shall have the right to refuse any goods offered for transportation without assigning any reason whatsoever.
As the contents, nature, condition and value of the subject the consignment are unknown to the MSC EXPRESS LOGISTICS and same has been accepted (as packed and declared by the owners) in good faith for transportation as indicated on the face of this Way Bill. Therefore the MSC EXPRESS LOGISTICS shall not, in any way, be kept responsible or liable for the Consignor and/or Consignee for any loss of/damage to or non delivery of the consignment, attributed to or caused by any incorrect or false declaration and/or defective packing, marking or the addressing of the subject consignment by consignors but the consignors shall be responsible and liable to MSC EXPRESS LOGISTICS for all the consequences of their improper actions above.
The Consignor/Consignee shall without any limitation, be solely liable to the MSC EXPRESS LOGISTICS for all costs and expenses which would include OTHER TAXES/LEVIES/IMPOSTS related to the consignment and the cost of warehousing and return of the consignment and the cost of warehousing and return of the consignment to the consignee, if the desired by them.

4. LIEN ON CONSIGNMENT
The MSC EXPRESS LOGISTICS shall have a general lien on consignment(s) in case the consignee fails to pay the freight, state and Local Taxes or other charges on the consignment due to any reason. MSC EXPRESS LOGISTICS may refuse to surrender possession of goods until such charges are paid.

5. LIMITATION OF MSC EXPRESS LOGISTICS LIABILITY:
The Liablity of MSC EXPRESS LOGISTICS to the Consignor/Consignee for any loss or damage to or non delivery shall be limited to Rs. 1000/- (Rupees One Thousand Only) for Non commercial Goods and for Documents, unless otherwise agreed to by any specified declaration on the face of this Way Bill.

6. LIMITATION OF COMPANY’S LIABILITY/LIABILITIES NOT ASSUMED BY THE COMPANY:
While the Company will use its best endeavors’ to effect the delivery of the subject Consignment a agreed, MSC EXPRESS LOGISTICS will not, in any circumstances, assumes any responsibility or liability for any loss (direct or consequential, irrespective of the amount involved) alleged to have been sustained by the consignor/ consignee arising out of caused by delay in the pickup transportation or delivery of subject consignment due to:

• Act of God, Force majeures, Natural Calamities or causes, floods or convulsions of nature, any variation in the temperature, weather conditions etc. Fire & explosion, accidents to the carrying vehicle, or by the action of terrorists, militants or activities or by the persons acting from a political motive or caused by or resulting from strikes, lockouts, Labour Disturbances, riots or civil commotions etc. provided the MSC EXPRESS LOGISTICS has exercised reasonable care and precaution in the transportation of the subject transportation of the subject consignment.
• Any act, default, omission on the part of the consignor/consignee or any other intersected third party, however arising.
• “Inherent vice” or the nature or any special characteristics of the subject Consignment and Electric or Magnetic injury, erasure or other such damage to photographic or electronic pictures, images or recordings in any form

7. CLAIM FOR LOSS OR DAMAGE TO THE SUBJECT CONSIGNMENT:
No claim shall be entertained by the MSC EXPRESS LOGISTICS until all its transportation charges etc. or any other outstanding are paid by the Consignor or Consignee as the case may be and if the claim arises against subject Consignment it should be/ brought to the notice of the company within 7 days from Date of Booking ate the Booking station. Any Such claims will not be entertained the Company after the expiry of 10 days from the Date of Booking.

8. This contract shall not ensure to the benefit of any of the general insurers operating in india.

9. No suit shall lie against the MSC EXPRESS LOGISTICS in respect or of in any relation to the subject consignment after the expiry of 3 months from the date of Booking.

10. JURISDICTION The competent court of state of Delhi alone shall have Jurisdiction in respect of all claims and/or matters pertaining to the subject consignment or arising out of this contract.