Terms of Carriage
This is the current version as of the date of publication of this document. The latest version, which shall always be the applicable one for new shipments, can be found at www.movin.in.
1. Introduction
A. These terms and conditions (“Terms”) set out the basis on which MOVIN will transport packages and documents (“packages”) hereinafter collectively referred to as the “shipments”). These Terms contain important details about the services of MOVIN which the Shipper should read and which form part of the agreement between MOVIN and the Shipper.
B. In these Terms, “Consignor or Shipper or Sender” shall mean a person, named as a Consignor or Shipper in the Waybill by whom or on whose behalf the shipments covered by such Waybill are entrusted to MOVIN for carriage thereof and for delivery to the recipient/consignee/receiver.
C. In these Terms, “Waybill” shall mean a single waybill/consignment note or the entries recorded against the same date, address, and service level on a collection record. All packages covered under a single Waybill/consignment note (the “Waybill”) shall be considered a single shipment.
2. Scope of Service
2.1 Unless any special services are agreed upon in writing and subject to these terms, the service to be provided by MOVIN is limited to the collection, transportation, state border clearance where applicable and delivery of the shipment. The possession of shipment is deemed to be obtained by MOVIN once ‘pick up scan’ is conducted successfully by MOVIN.
2.2 MOVIN reserves the right in its absolute discretion to refuse carriage to any shipment tendered to it for transportation. Further, MOVIN reserves the right to carry the Shipper's consignments by any route using multi-modal transportation according to its own handling, storage and movement methods and plans and by use of its business associates, co-loaders, co-couriers, franchisees, contractors, or other agents.
3. Shipper's Obligation and Acknowledgement
3.1 The Shipper warrants that it is the owner or the authorised agent of the owner of the goods transported hereunder, and that the Shipper hereby accepts these Terms for itself and/or as an agent for and on behalf of any other person having any interest in the shipment.
3.2 The Shipper warrants that each article in the shipment is properly and completely described on 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 MOVIN to be unacceptable for transport and that the shipment is properly marked and addressed and packed properly to ensure safe handling. The Shipper agrees that MOVIN and/or its service provider have a right to contact the Shipper/recipient for the purpose of feedback or any query related to the shipment.
3.3 GST (Goods & Service Tax) E-way bill is an electronic waybill for the movement of goods. The Shipper should ensure compliance as prescribed under GST based on consignment value with the effective date of rollout by the Government. Any non-compliance in the generation of the E-way bill by the Shipper may result in the delay in delivery/non-delivery of shipments booked.
3.4 GST shall mean any of the ‘Central Goods and Service Tax Act’ (CGST) or ‘Integrated Goods and Service Tax Act’ (IGST Act) or ‘State Goods and Service Tax Act’ (SGST Act) or ‘Union Territory Goods and Service Tax Act’ (UTGST Act) (collectively referred to as “Goods and Service Tax laws” or “GST”) as may be applicable including Rules/amendments notified thereunder from time to time.
3.5 For the purpose of these Terms, generally the MOVIN customer invoice will be raised for the provision of door-to-door freight services provided in the territory of India by:
• Pickup centre of MOVIN – Where the Shipper is the customer and agrees to pay for door-to-door freight of shipment;
• Delivery centre of MOVIN – Where the Receiver is the customer and agrees to pay for the door-to-door freight of shipment; or
• System mapped MOVIN service centre to customer account address- Where a customer, other than consignor or consignee, (i.e., a third party) agrees to pay for door-to-door freight of shipment.
The aforesaid branch will be responsible to the customer for all billing & service related queries.
4. Conditions of Carriage
This section sets out various restrictions and conditions which apply to the carriage of shipments by MOVIN. It also explains what the consequences are of the Shipper presenting shipments for the carriage which do not meet these requirements.
4.1 Service Restrictions and Conditions
Shipments must comply with the restrictions in paragraphs (a) to (b) below.
(a) Packages must not weigh more than 70 kilograms (or 150 lbs) or exceed 247 centimetres (or 108 inches) in length or a total of 400 centimetres (or 157 inches) in length and girth combined. Documents must not weigh more than 2.5 kilograms and must not have any associated commercial value. All shipments should always be accompanied by an invoice declaring their value (NIL value in case of documents).
Shipments must not contain any of the prohibited articles as provided in Annexure A hereto or any illegal shipments or which MOVIN may determine, in its sole discretion, to be so prohibited.
(b) The Shipper shall be responsible for the accuracy and completeness of the particulars inserted in the Waybill and for ensuring that all shipments set out adequate contact details for the Shipper and receiver of the shipment and that they are so packed, marked and labelled, their contents so described and classified and are accompanied by such documentation as may (in each case) be necessary to make them suitable for transportation and to comply with the requirements of these Terms and applicable law. The Waybill is non-negotiable, and the Shipper/sender acknowledges that it has been prepared by the Shipper/sender or on its instructions. The responsibility of MOVIN for a shipment accepted under a Waybill ceases when the recipient acknowledges the receipt of the shipment by affixing its signature on the Return to Origin copy and/or the delivery sheet (either by means of physical or digital enablement), as may be applicable. All shipments under the Waybill are carried at Shipper's risk. In the event of any discrepancy in the terms of the Waybill that results in any loss to the shipment, the Shipper shall not be entitled to initiate any action for damages or otherwise against MOVIN. All shipments will be carried under the service level selected on the Waybill or other applicable MOVIN shipping documentation and all applicable charges will be calculated accordingly.
The Shipper guarantees that all shipments presented for carriage under these terms comply with the restrictions in paragraphs (a) to (b) above and have been prepared on secure premises, by him/her (in the case of an individual Shipper) or by reliable staff employed by him/her or (where different) by the party tendering the shipment to MOVIN and have been protected against unauthorised interference during their preparation, storage and transportation to MOVIN. MOVIN relies on this guarantee in accepting any shipment for carriage hereunder.
4.2 Refusal and Suspension of Carriage by MOVIN
(a) If it comes to the attention of MOVIN that any shipment does not meet any of the above restrictions or conditions or that any collect on delivery (COD)/ value of goods (VOG) amount stated on a COD Waybill exceeds the limits specified in paragraph 14, or MOVIN may refuse to transport the relevant shipment (or any relevant part thereof) and, if the carriage is in progress, MOVIN may suspend carriage and hold the shipment (or any relevant part thereof) to the Shipper’s order. MOVIN may also suspend carriage if it cannot affect delivery, if the receiver refuses to accept delivery, if it is unable to effect delivery because of an incorrect address (having used all reasonable means to find the correct address) or if it cannot collect amounts due from the receiver on delivery. MOVIN may refuse to accept any shipment for carriage without specifying any reason to the Shipper.
(b) Where MOVIN is entitled to suspend the carriage of a shipment (or any relevant part thereof), it is also entitled to return it to the Shipper at its own discretion, at the cost of the Shipper, wherein the lowest service level shall be applicable unless specifically agreed between Shipper and MOVIN.
4.3 Refusal by Customer: Shipments refused by the recipient, or which for any other reason cannot be delivered, will be held, and MOVIN will attempt to contact the Shipper for further instructions, including return. If the return of the shipment is refused by the Shipper, or the shipment cannot otherwise be returned to the Shipper, MOVIN will retain the shipment for a reasonable period of time, to be determined at its sole discretion (not to exceed 5 days), and upon exercising reasonable commercial efforts at notifying the Shipper, MOVIN reserves the right to deal with the shipment thereafter in any manner at its sole discretion, including but not limited to disposal and/or auction of the package. The Shipper will be responsible for payment of all charges, including, but not limited to, storage charges, forwarding, disposal, operating cost of arranging for auction or return transportation charges, as well as any duty and tax, if applicable. MOVIN will not be liable for any claims for loss or damage to a shipment refused by the Shipper on return.
4.4 The Shipper must pay and indemnify MOVIN for any reasonable costs and expenses (including storage), incurred by MOVIN, any losses, taxes MOVIN may incur and all claims made against MOVIN because (i) a shipment does not meet any of the restrictions, conditions or representations in paragraph 4.1 above of any refusal or suspension of carriage or return of a shipment (or part thereof) by MOVIN which is allowed by this paragraph 4, or (iii) of a failure by the Shipper to comply with these terms. In the case of the return of a package or shipment (or part thereof), the Shipper will also be responsible for paying all applicable charges calculated in accordance with the prevailing commercial rates of MOVIN for Standard Premium unless requested by the Shipper upon payment of higher charges.
4.5 Notwithstanding the issuance of Waybill by MOVIN, if the Shipper tenders to MOVIN a shipment which fails to comply with any of the restrictions or conditions in paragraph 4.1 above without MOVIN’s express written consent, MOVIN will not meet any loss howsoever arising which the Shipper may suffer in connection with the carriage by MOVIN of such shipment (regardless of whether that failure to comply has caused or contributed to the loss and notwithstanding any negligence on the part of MOVIN or its employees, contractors or representatives) and, if MOVIN does suspend carriage for a reason allowed by these terms, or in case of any discrepancy in the Waybill, the Shipper shall not be entitled to any refund on the carriage charges it has paid. MOVIN may bring a claim in respect of such non-compliance. Further, the Shipper agrees to indemnify MOVIN for any error or discrepancy in the Waybill or for any loss suffered by MOVIN for any non-compliance to this paragraph 4.
4.6 If, having suspended carriage of a shipment (or any relevant part thereof) in accordance with these provisions, MOVIN is unable within a reasonable time to obtain the Shipper’s instructions on its disposition or to identify the Shipper or any other person entitled to the goods (having if necessary opened the shipment), MOVIN shall be entitled to destroy or sell the shipment (or any relevant part thereof), at its absolute discretion. The proceeds of any such sale shall first be applied to any charges, costs, or expenses (including interest) outstanding in respect of the shipment or otherwise from the Shipper concerned. Any balance shall be held to the Shipper’s order.
4.7 Unless prohibited by law, MOVIN reserves the right but is not obliged, to open and inspect or scan by means of x-ray any shipment tendered to it for transportation at any time. In addition, MOVIN may be subjected to security screening and clearing procedures by the local police, local airport police and relevant authorities in accordance with local law, and civil and criminal penalties, including forfeiture and sale, may be imposed for making false, fraudulent statements, or consigning goods without lawful authority. The Shipper shall be directly liable for all such fines and penalties.
5. Regulatory Clearance
When a shipment requires any kind of regulatory clearance including compliances relating to the E-way bill, it is the Shipper’s obligation to provide, or to ensure that the receiver will provide, MOVIN with complete and accurate documentation for the purpose but MOVIN will unless instructed otherwise, act on behalf, at the expense and at the risk of the Shipper or receiver in obtaining such regulatory clearance. The Shipper also agrees that MOVIN may be considered as being the receiver of the package or the shipment for the sole purpose of appointing an appropriate agency to carry out any clearance insofar as is allowed by law.
6. Rates
6.1 GRI – General Rate Increase – the annual price adjustment exercise – ‘GRI’ will be done each year to take care of the inflationary pressure, rising resource cost and for the investments in technology and network. The rate increase with GRI will be the final applicable rates for all customers contingent to their shipping profile with effective date as 1st of January of the respective year. MOVIN shall send or publish an intimation regarding GRI in advance.
6.2 The applicable rates are available at www.movin.in for the service selected by the Shipper, which applies to the payor of the shipment and the shipment and is in effect at the time of shipping, plus any additional charges or rates for nonstandard service, additional or nonstandard usage, and any other additional charges as referenced, or those applicable additional rates set out in any customised contracts.
7. Payment
7.1 The rates for carriage and other services are available at www.movin.in. MOVIN may verify the actual and/or dimensional weight of shipments and, if greater than the declared weight, invoice on such basis. 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 the actual weight rounded off to the next higher one kg as per the rate category agreed to, or the volume weight similarly rounded off. In case of shipments of documents weighing up to 2.5 kgs, by Express delivery the chargeable weight shall be the higher of the actual weight rounded off to the next higher half kg as per the rate category agreed to, or the volume weight similarly rounded off. Volume weight of the shipment, in kilograms, is its gross cubic volume in cubic centimetres divided by 5000 for Express service and divided by 2831 for Standard Premium service. Unless proved otherwise, an invoice shall be considered for this purpose to have been received three business days following the date of invoice.
(a) MOVIN will issue invoices for services it has provided, in the manner prescribed under applicable law, including Goods and Service Tax laws, from the MOVIN-managed service locations.
(b) Any sum payable to MOVIN which is overdue will bear interest at 18% per annum (plus applicable GST) from the due date to the date MOVIN receives payment. A late payment fee in the amount set out in MOVIN’s invoice may be charged on any sums outstanding as of the specified payment due date. This is in addition to any legal rights and remedies available to MOVIN.
(c) If any sum is not paid by the Shipper, Receiver or some other party under these terms, MOVIN may hold and exercise general and lien on any shipments (including future shipments) it is carrying (or part thereof) until it receives payment in full or may sell them and use the proceeds to make good the debt to it in accordance with applicable local law. Any unpaid balance will remain payable.
(d) If i) MOVIN is required to pay any taxes, duties or levies on behalf of the Shipper, Receiver or a third party, ii) the selected billing option indicates that the receiver or a third party should pay any charges, any taxes, duties, penalties, charges or expenses are imposed, rightly or wrongly by government authorities, or incurred by MOVIN due to any circumstances, including any failure by the Shipper or the receiver to provide correct information and documentation or any permits or licences required in connection with the carriage, the Shipper shall be jointly and severally liable to MOVIN with the receiver and such third parties for such amounts. In each case where the selected billing option indicates payment is to be charged, at first, to the receiver or any third party, MOVIN will (without prejudice to the Shipper’s contractual liability for payment), first demand payment of the relevant amount from the receiver and/or, where applicable, the third party. If the amount in question is not immediately paid to MOVIN in full by any of the above parties, the amount will be payable by the Shipper on the first written demand. In any other cases, the Shipper hereby undertakes to pay the mentioned amounts to MOVIN at the first request. MOVIN shall not be obliged to separately file a claim against the receiver or any third party for payment. In case of doubt, the burden of proving that the amount has been paid lies on the Shipper. Further, in the event of non-payment by the receiver or third party, the Shipper will be billed a refusal fee equivalent to 2% of the invoice value subject to a minimum of INR 500/- (Rupees Five Hundred only) plus the shipping charges and applicable GST. Additionally, the Shipper shall be liable to pay all associated charges including charges towards the return to origin.
(e) Any payments made by MOVIN, including but not limited to taxes, duties, or other levies, on behalf of the Shipper, Receiver or some other party, shall be due and payable by the Shipper on demand. Notwithstanding any billing or payment option selected at the time of shipment, the Shipper is ultimately liable for and agrees to pay all charges, including where the receiver or third party fails to pay any charges which they are due to pay.
(f) The Shipper, Receiver or Third Party (collectively termed as ‘Payor’) making payment for services will be responsible to inform MOVIN in writing of (i) any change in billing address(es), including any additions or removals of billing address(es); (ii) the Payor’s respective GST Registration numbers (‘GST ID’); and
(iii) the respective bank account number for each address.
(g) The Payor accepts that the charges and taxes determined by MOVIN as stated on each MOVIN invoice issued will be final.
(h) In the event that any uncertainties, ambiguities or imprecision should arise in relation to the interpretation of the applicable law, Payor agrees that MOVIN’s interpretation and the position shall apply to finally determine any taxes payable on any invoice/ revised invoice. The Payor is solely responsible for the correct disclosure of GST ID for all purposes. MOVIN will not be responsible for any loss of tax on account of an incorrect GST ID. MOVIN will not be responsible for the verification of GST ID.
(i) In the event Payor is entitled to exemption from goods and service tax, he must present MOVIN with relevant documents to avail himself of the exemption. In case of any change in tax status or eligibility for exemption, the Payor must give notice to MOVIN before the billing cycle of such month of change is concluded.
(j) The Payor accepts any credit note which shall be issued in the context of any invoice pertaining to a Financial Year in accordance with applicable law (currently beyond the month of September of the succeeding year) for any reason and that any payment towards SGST, CGST and IGST shall be made to MOVIN in full.
(k) Prohibited Item-Packages containing prohibited articles or restricted articles not prepared in compliance with all applicable laws and regulations are subject to additional charges if found in the MOVIN system. Such charges apply in addition to all other applicable charges, including any disposal fees. MOVIN reserves the right in its sole and unlimited discretion to dispose of such packages, submit such packages to governmental authorities, or return such packages to the Shipper, if permitted under law, solely at the Shipper’s risk and expense.
7.2 Payment Mode
MOVIN will accept payments either through NEFT / RTGS / Demand Draft / Cheque or UPI.
8. Billing Options
8.1 The amount billed includes, but is not limited to, shipping charges, duties, and taxes, if applicable. Unless otherwise restricted, MOVIN provides the following payment options:
Bill Shipping Charges to:
(a) Sender/Shipper – The Shipper/sender pays all shipping and other related charges.
(b) Receiver/Consignee – The receiver pays all shipping charges and other related charges.
(c) Third Party/Payor – The designated third party pays all shipping charges and other related charges. The shipper must indicate the third party’s name, account number, and state in the appropriate section of the Waybill.
8.2 Shipper guarantees payment of all charges payable to MOVIN by the receiver or third party designated on the Waybill. For all shipments where the Shipper is not paying the shipping charges, the Shipper must notify the bill Payor prior to shipping, and that option must be indicated on the Waybill in the space provided. MOVIN reserves the right in its sole discretion to request advance payment of shipping charges for any package sent to or from any destination or origin. An additional duty and tax will apply if the Shipper selects a billing option in which duties and taxes are to be paid outside of the destination state.
9. Accessorial Charges:
9.1 Large Package Surcharge: An additional charge applies for packages that are considered large. A package is considered a “Large Package” when its length plus girth [(2 X width) + (2 X height)] combined exceeds 300 centimeters (130 inches) but does not exceed the maximum size of 400 centimeters (157 inches). Large Packages shipped are subject to a minimum billable weight of 40 kilograms (90 pounds). An additional handling charge will not be assessed when a large package surcharge is applied.
9.2 Over Maximum Limits Charges: Packages that exceed the weight or size restrictions set forth in the Terms and Conditions of Service (“Items Not Accepted for Transportation”) are subject to one or more of the following additional charges: Over Maximum Weight, Over Maximum Length, or Over Maximum Size. Such charges apply in addition to all other applicable charges, including but not limited to the Large Package Surcharge.
9.3 Additional Handling Charge: An Additional Handling charge will be assessed for any package that requires special handling, as determined by MOVIN in its sole discretion, including, but not limited to:
(a) Any article that is encased in an outside shipping container made of metal or wood.
(b) Any cylindrical-like item, such as a barrel, drum, pail, or tire, that is not fully encased in a corrugated cardboard shipping container.
(c) Any package with the longest side exceeding 100 centimeters (or 39 inches) or its second-longest side exceeding 76 centimeters (or 30 inches);
(d) Any package with an actual weight greater than 32 kilograms (or 70 pounds). MOVIN reserves the right to assess the charge for any package that, in MOVIN’s sole discretion, requires special handling.
10. Print Return Label; Electronic Return Label; Print and Mail Return Label:
Shipments can be returned to origin by the sender from an address using Print Return, Electronic Return, or Print and Mail Return Labels. Upon delivery, a shipment returned will be charged from the sender at the rate calculated from the pickup location to the destination via the service selected. An additional charge for each Print Return Label, Electronic Return Label, and Print and Mail Return Label shipment will be assessed when the service is requested. The applicable charges will be those set forth in the rates guide in effect at the time the charge is applied.
11. Packaging
11.1 It is the responsibility of the Shipper to ensure that proper packaging is used and that contents are adequately and securely packed, wrapped and cushioned for transportation. The Shipper shall also ensure that the packaging material used for packaging the shipments complies with all legal requirements inter alia including the state-wise requirements (of the origin and destination state) on the usage of plastic, thermocol etc.
11.2 Notwithstanding anything contained herein, failure to comply with the packing requirements, the Shipper shall indemnify MOVIN against any loss, damage, liability or expense incurred by MOVIN in this respect.
11.3 When shipping-certain electronic media containing sensitive personal information, it is recommended that the Shipper retain a copy of the data and secure the data on the electronic media through encryption or other technological means. MOVIN is not liable or responsible for loss of, damage to, or irretrievability of data stored on electronic media, or loss of information.
12. Liabilities not assumed
MOVIN shall not be liable for damages sustained in the event of destruction or loss of or damage to any shipment arising from causes beyond its reasonable control including but not limited to : (a) an Act of God; (b) any consequences of war, armed conflict, invasion, act of foreign enemy, hostilities (whether war or not), civil war, riot, rebellion, insurrection, military or usurped power or confiscation, acts of terrorism, requisition or destruction of or damage to property by or under the order of any government or public or local authority, strike, lock-out, lockdown, regulatory changes, general or partial stoppage or restraint of labour from whatever cause; (c) seizure or forfeiture under legal process; (d) error, act, default, omission, mis-statement or mis-representation by the Shipper, recipient or other owner of the goods or by servants or agents of either of them; (e) the violation of any of the terms and conditions contained on the Waybill or these conditions, tariff or other terms and conditions applicable to the shipment including, but not limited to the incorrect declaration of the goods, improper or insufficient securing, marking or addressing of the shipment, defective packing by a person other than MOVIN; (f) MOVIN’ failure or inability to attempt to contact the Shipper or recipient concerning incomplete or inaccurate address, incorrect or incomplete documentation or non-payment of duties and taxes necessary to release a shipment; (g) accidents to vehicles and other conveyances carrying the shipments; (h) flight delays/ cancellation/ reschedule; (i) refusal by recipient to accept the shipment or to give proper acknowledgment of receipt thereof; (j) inherent defect, quality or vice of the goods.
13. Money Back Guarantee
13.1 MOVIN will upon request either refund or at its option credit to the applicable invoice the freight charges incurred by the Shipper if the first attempted delivery of a Shipment occurs 60 seconds or more after the applicable delivery commitment time ("Service Failure"). This Money-Back Guarantee, if available (Shippers should check with MOVIN for details), will be calculated from the effective pick-up scan date and time and can be suspended or revoked without notice.
13.2 The Money Back Guarantee shall not apply to the following shipments:
(a) Shipments shipped via standard premium service.
(b) Shipments subject to special delivery.
(c) Re-routed shipments.
(d) Shipments sent to postal codes falling outside the serviceable areas.
(e) Shipments where a single package weighs more than 32 kgs.
(f) Shipments picked up after the defined cut-off time for that origin.
(g) Undeliverable or returned shipments or any shipments containing dangerous goods.
(h) Shipments meeting the criteria of Large Package Surcharge, Over Maximum Limits Charge, and Additional Handling Charge as specified in Sections 9.1, 9.2 and 9.3.
(i) Shipments delayed due to x-ray/security control.
(j) Shipments delayed due to incorrect addresses or due to the unavailability or refusal of a person to accept delivery, whether or not the package is returned to the Shipper, or to sign for the package or by reason of any term permitting extension of time for delivery herein or causes described under paragraph 14.
(k) Where regulatory clearances are delayed due to inspection or sampling requirements, or due to the Shipper’s errors or omissions in documentation, the delivery commitment time is modified by adding one Business Day for each day (or fraction thereof) that such clearances are delayed.
(l) A Service Failure will not be deemed to have occurred if, within 30 days after MOVIN is notified, it furnishes proof either of timely delivery consisting of the date and time of delivery and name of the person who signed for the shipment or service exception information reflecting that the failure to timely deliveries resulted from any term permitting extension of time for delivery herein or circumstances described under paragraph 12.
(m) Only one refund or credit is permitted per package. If a Service Failure occurs for any Package within a multiple package Shipment, a refund or credit will be given only for the proportion of the freight charges applicable to that package.
(n) A refund or credit will be given only if complete recipient information was provided at the time of shipment. Complete recipient information must be provided on either the Waybill or through an automated shipping device.
(o) This Money Back Guarantee applies only to freight charges and does not apply to duties, taxes or declared value charges or any other charges.
(p) A refund or credit will not be given to Shippers using automated shipping devices if incorrect Package tracking numbers are applied to the subject package or shipment.
(q) A service failure will not be deemed to have occurred if a "bill to" Account Number was provided at the time of shipment that was not in good credit standing and the Package was held until alternate payment arrangements were secured. For purposes of this provision, "in good credit standing" shall mean that (1) payment on the MOVIN Account is current and active and not kept on hold for any reason whatsoever (2) the Account is not in "cash only" status, and (3) for commercial or business accounts, the balance does not exceed the credit limit established by MOVIN.
(r) This Money Back Guarantee does not apply to delays in delivery caused by adherence to MOVIN policies inter alia relating to the payment of duties and taxes prior to delivery.
14. Collect on Delivery (COD) for Value of Goods (VOG)
14.1 For certain destinations and services, MOVIN offers a COD service for the value of goods (VOG) on payment of an additional charge. If the Shipper makes use of this service, subject to the provisions set out below, MOVIN will collect on behalf of the Shipper the COD/VOG amount stated on the Waybill from the receiver of the shipment. COD/VOG amounts must be specified on the Waybill.
(a) Demand draft/cheque mode for COD for VOG- MOVIN may accept payment by way of demand draft/cheque mode subject to the maximum of Rs. 2,00,000/- (Rupees Two Lakh only); Applicable handling charges will apply as per the current rates.
(b) In the event of non-receipt by the Shipper of COD/VOG amounts, the Shipper must notify MOVIN in writing within 30 (thirty) days of the date of delivery of the shipment concerned.
(c) The Shipper will indemnify MOVIN for all losses, expenses, and any claims made against MOVIN by the receiver or a third party, arising where MOVIN does not deliver a shipment because the receiver does not pay the COD/VOG amount in the appropriate form or refuses to accept the shipment.
(d) The liability of MOVIN in respect of the amount to be collected shall not exceed either the applicable maximum amount collectable under these terms or the COD/VOG amount indicated on the Waybill, whichever is the lesser. Further, the COD/VOG amount shall not, in any event, exceed the value of the goods at their destination plus applicable carriage charges. For the avoidance of doubt, a COD amount does not constitute a declaration of a value and therefore shall not affect the liability of MOVIN for any loss, damage, or delay to the goods themselves.
14.2 MOVIN does not accept any responsibility for any dishonest or fraudulent acts on behalf of the receiver.
15. Liability
15.1 The liability of MOVIN for any loss or damage to the parcels (excluding documents) shall be the lowest of:
(a) The liability of MOVIN for any loss or damage to any shipment shall be the lowest of: (a) INR5,000/- (Rupees Five thousand only) or
(b) The amount of loss or damage to the shipment sustained or
(c) The actual value of the shipment as determined, without regard to the commercial utility or special value to the Shipper.
15.2 The actual value of a shipment (which term shall include any item of commercial value which is carried hereunder) shall be ascertained by reference to the cost by repair or replacement/resale or fair market value not exceeding the original cost of the article paid by the shipper, always within the overall limit of INR 5,000/-.
15.3 MOVIN does not provide insurance cover and the Shipper may insure the shipments entrusted for carriage to MOVIN at his own cost and expense. If the shipment is not insured by the Shipper, Shipper may opt for enhanced liability risk coverage arranged by MOVIN, for which risk surcharge as applicable will be payable by the Shipper. In the event of any loss or damage to shipments, which are insured by the Shipper, MOVIN may at the request of the Shipper, issue a loss/damage/shortage (Certificate of Facts) certificate with the sole purpose of enabling the Shipper to lodge insurance claim with its insurance company. A COF charge of Rs. 10/- per package or Rs. 100/- whichever is higher shall be applicable. Any charges towards survey etc. shall be solely paid by the Shipper. The Shipper agrees and acknowledges that the loss/shortage/damage certificate will be issued by MOVIN, without admission of any claim and that MOVIN shall be discharged of all liabilities, if any arising out of the shipment on acceptance of the loss/damage/shortage certified by the Shipper.
15.4 MOVIN SHALL NOT BE LIABLE IN ANY EVENT FOR ANY CONSEQUENTIAL OR SPECIAL DAMAGES OR OTHER DIRECT OR INDIRECT LOSS HOWSOEVER ARISING, WHETHER OR NOT MOVIN HAS KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, PROFITS, INTEREST, UTILITY OR LOSS OF MARKET.
15.5 If the claimant (or any person from whom he derives his right to claim) has caused or contributed to any loss, damage or delay to a shipment, any liability MOVIN may incur in respect thereof (limited as above) may be reduced or extinguished in accordance with the law applicable to such contributory negligence.
15.6 MOVIN shall not be liable for any damages to or loss of any packaging.
16. Delivery
16.1 Where applicable, if MOVIN is unable to complete delivery of a shipment, a notice will be sent to the recipient (either by physical or electronic means) stating that delivery has been attempted. Thereafter, a second, and if necessary, a third attempt to deliver the packages will be made subject to levy of additional applicable charges.
16.2 MOVIN may deliver a shipment to the recipient or the recipient’s actual or apparent agent or representative or pursuant to the recipient’s instructions, to a reasonable alternate address or location, in accordance with trade custom or usage, pursuant to its procedures, subject to levy of additional applicable charges.
16.3 MOVIN shall use an electronic device to obtain proof of delivery and the Shipper agrees that it will not object to MOVIN relying on the same as evidence merely on the grounds that the information concerned is obtained and stored in electronic form. The Shipper expressly waives any claim it may have against MOVIN arising from MOVIN following any such instructions provided by the receiver.
16.4 MOVIN accepts no responsibility in any circumstances to suspend carriage, redirect delivery (whether to a different receiver or address from that named on the Waybill) or return a shipment to its Shipper and, in the event that it should attempt but fail to do so, shall have no liability for any losses thereby occasioned.
17. Data Protection
17.1 MOVIN has the right to process data provided by the Shipper or receiver in connection with carriage by MOVIN, and to transfer such data to other group companies, service providers and contractors/sub-contractors of MOVIN. The Shipper warrants that it (i) has obtained personal data the Shipper provided to MOVIN for the shipment lawfully, (ii) is authorized to provide such data to MOVIN and (iii) has obtained informed and specific consent from such receiver that MOVIN may send e-mail and other notifications related to the agreed shipment services to the receiver. MOVIN uses the Shipper’s personal data provided by the Shipper in accordance with the privacy policy available at www.movin.in. The Shipper univocally consents to the usage of the personal data by MOVIN and its authorised service providers for the purposes of carriage of shipments by MOVIN.
17.2 Furthermore, the Shipper warrants that he has obtained informed and specific consent from the receiver, and all other third parties that MOVIN may use the receiver’s personal data in accordance with the privacy policy in effect at the time of shipping with regards to uses other than those specified in paragraph 17.1 above.
18. Enhanced Liability
18.1 MOVIN may arrange for enhanced liability risk coverage (“EL cover”) for the shipments in respect of loss of or physical damage upon payment of additional charges by the Payor. The said EL cover will be obtained subject to the following terms and conditions:
(a) The Payor shall pay freight on declared value of shipment to MOVIN, which will include the applicable charges towards enhanced liability on the declared value and the convenience fee charged by MOVIN;
(b) The EL cover shall not cover any indirect loss or damage, or loss or damages caused on account of any delays in delivery of shipments;
(c) Notwithstanding anything stated hereinabove, no claim shall be entertained if the freight charges are not paid by the Payor to MOVIN.
18.2 For the detailed terms and conditions associated with EL cover and claim settlement procedure, click here.
19. Claims Procedure*
* (applicable where EL cover has not been opted)
All claims against MOVIN must be notified in writing only by the Payor, as soon as reasonably practicable and in any event within:
(a) 7 (seven) days of receipt in case of damage with damage remarks on proof of delivery receipt;
(b) 14 (fourteen) days from the date of anticipated delivery in case of loss/non-delivery/partial delivery.
The payor is required to notify the claim through the Customer Service Centre and/or website. Packaging material is required to be produced for inspection
20. Entire Agreement & Severability
It is the intention of MOVIN that all the terms of the contract between it and the Shipper are contained in these Terms. If the Shipper wishes to rely on any variation to these terms, it must ensure that that is recorded in writing and signed by the Shipper and on behalf of MOVIN before the shipment is accepted for carriage by MOVIN. If any part of these Terms is not enforceable, this will not affect the enforceability of any other part.
21. Governing Law
These terms shall be governed by the laws of India. The courts in New Delhi shall have exclusive jurisdiction.
Annexure A
Prohibited articles
The following articles are prohibited from shipment:
• Alcoholic beverages
• Animal skins (non-domesticated)
• Articles of exceptional value (e.g. works of art, antiques, precious stones, gold and silver)
• Dangerous goods/Hazardous materials (following IATA and ADR regulations)
• Firearms
• Furs
• Ivory and ivory products
• Live animals
• Money, negotiable items and pre-paid cards
• Perishable goods
• Personal items
• Plants
• Pornographic materials
• Seeds
• Tobacco and tobacco products
• Unaccompanied baggage