The provision set out and referred hereunder shall apply to transportation of Shipment through any modes and shall not be restricted to one mode and route of transport.

• GESCPL – means Gati Express & Supply Chain Private Limited
• Parties – mean and includes Sender/Shipper or Receiver/Consignee and/or their successors or authorized assignees/representatives as the case may be.
• Shipment – mean good/s entrusted by Parties to GESCPL for transportation under Invoice/Goods Forwarding Note and/or this Docket.
• Delivery – means tender of Shipment to the Parties or intimation about the arrival of Shipment at the destination.
• NCV – mean No Commercial Value as declared by the Shipper.
• Freight – means the basic freight excluding other components e.g. GST, taxes, cess & other charges etc.
• Docket – GESCPL shall issue this Docket as the acknowledgement of the receipt of Shipment for transportation.

This Docket is a contract between GESCPL and the Shipper and the terms and conditions stipulated in this Docket are in addition to the contract, if any, executed between GESCPL and Parties. This Docket is “NOT NEGOTIABLE” under the Indian Laws including but not limited to Negotiable Instrument Act’ 1881.

• The Shipments is booked on “SAID TO CONTAIN BASIS” only and GESCPL has no right or obligation to open/inspect any Shipment in order to check the misuse of GESCPL services by any unscrupulous people.
• This Docket is based on the declaration given by the Parties under invoice/goods forwarding note. GESCPL will not be held responsible for any incomplete, inaccurate or wrongful details/declaration whatsoever.
• The Parties hereby declare that the Shipment covered under this Docket does not include any offensive, contraband, controlled, illegal, hazardous, inflammable or prohibited articles as defined in various statutes and/or International Air Transport Association (“IATA”) regulations, amended from time to time.
• The Parties hereby undertake that GESCPL shall not be held responsible under clause no. 3(a) above for any reason whatsoever.
• In the event, Freight mentioned in this Docket is found to be less than the contracted Freight and/or discrepancy in weight/dimensions declared by Parties in this Docket, then GESCPL reserves its right to impose/collect differential amount/charges on/from the Parties.

• At the time of booking, Parties are obligated to provide proper & complete documentation/s along with accurate details like name, address, contact number, email-id to GESCPL including but not limited to respective forms, permits, way bills, invoices, Stock Transfer Note etc., applicable from time to time as per the statutory requirements. GESCPL shall not be held responsible/liable in case of any deficiency in the documents and/or loss/damages caused to the Shipment due to improper/defective packaging.
• Parties hereby declare and undertake to make good the loss/es to GESCPL within a period of 7 (Seven) days by way of demand draft in case their Shipments causes damage to the other Shipments, which are loaded in the same vehicle OR in case of seizure by any Government authority due to improper and incomplete documentation as a result other Shipment/s also get delayed resulting in a loss to GESCPL.

This Docket contains “Delivery Date” which is subject to the following provisions:

• Date of intimation for delivery of Shipment or first delivery attempt will be considered as deemed Delivery.
• Electronic and heavy Items, which cannot be scanned, may undergo cooling for 24 hours and hence one day extra will be applicable
• If such date falls on Sunday or any Bank holiday, political bandh etc. then the next working day shall be considered as Assured Delivery Date.
• Delivery will not be applicable in case of any accident and/or Force Majeure (as moreover defined in point no. 8 below).
• This Shipment will be delivered on receipt of Freight payment. In case of Cash on Delivery (COD), Demand Draft on Delivery (DOD), the Shipment would be delivered only on receipt of the COD/DOD amount as specified by the Parties. GESCPL shall not be held responsible for any dispute/claim whatsoever between Sender and Receiver.

• The Parties are solely responsible for all payments/penalties, levied by the Government or any statutory body from time to time such as octroi, entry tax, GST, value added tax etc.
• In the event of any Shipment being seized/held up by any statutory authority including but not limited to Commercial tax/Sales Tax, Excise, Customs, Check post official, Octroi/entry tax officials etc. then GESCPL will not be held responsible for any kind of delay, consequential losses, Freight refund etc. Further, Parties have agreed to make good the losses to GESCPL, in case of any claims being lodged on GESCPL by statutory authorities due to insufficient documents or wrongful declaration by them.

• Unless specifically agreed by GESCPL in writing, this Docket is booked under Shipper’s Risk only. Appropriate insurance policy should be made available to GESCPL at the time of booking and details should be mentioned in the Invoice/Goods Forwarding Note.
• Under this Docket, the liability of GESCPL under contract or tort, for any loss or damages whatsoever, shall be limited to the Freight amount OR Rs. 5,000/- (Rupees Five Thousand Only), whichever is less and GESCPL will issue only observation note in this respect.
• Neither GESCPL nor Parties shall be held responsible for any kind of indirect, consequential, remote, exemplary losses/ damages claims whatsoever
• When the value of the Shipment is declared by the Parties as NCV, the liability of GESCPL shall be restricted to Rs. 100/- (Rupees One Hundred only) per Docket.
• GESCPL assumes no responsibility and/or liability in case material is outwardly intact at the time of Delivery.

GESCPL will not be liable for any loss or damage to the Shipment if it is caused due to :

• Acts of God, beyond the control of GESCPL, defective packing or by government officials in discharge of their official duties such as Customs/Taxations/Octroi inspection or nature of the Shipment, defects, characteristics, strikes, riots, political and other disturbances, fire accidents, explosions, extremist act, looting/robbery/ hijacking, bandh, floods, pandemic etc.
• It is hereby agreed by the Parties that, in the event if the Shipment is of a special nature, temperature controlled, time or nature sensitive such as, ice cream, medicine, vaccine, photo-film etc., the same shall be brought to the written notice of GESCPL along with special written instructions with regards to the handling of the same.

In the event Parties fails to take delivery of the Shipment due to any reason whatsoever, GESCPL shall raise bill to the Parties towards the Freight, demurrage and/or other charges in terms of this Docket and the Parties shall liable to pay all such dues within a period of 7 (Seven) days from booking

GESCPL shall have a right to general lien over all the Shipments of the Parties towards any dues/outstanding amount payable to GESCPL under this Docket or otherwise.

No claim under clause no. 7 above shall be entertained by GESCPL unless a written claim is lodged within 30 (Thirty) days from the date of Docket subject to remarks on the Proof of Delivery.

If the Shipment is not accepted by the Parties, when tendered for Delivery, for any reason whatsoever, then subject to 15 (Fifteen) days written notice to Parties, GESCPL shall be entitled to dispatch the Shipment to its unclaimed goods department to proceed with sale of Shipment to realize all dues and any excess amount over and above its dues, GESCPL shall endeavour to refund to the respective Parties. If the recovered amount fall short of the actual receivables, GESCPL at its sole discretion initiate appropriate steps against the Parties and recover the balance receivables together with interest @2% p.m.

Save and except as agreed in special contract with Parties, if the Parties fails to take delivery of Shipment within 72 hrs from the date of tendering the Shipment for delivery then GESCPL shall entitle to charge/recover demurrage / warehouse charges @1% of the invoice value or Rs. 0.25 paise per kg per day or Rs. 125/- per day, whichever is higher, or such other rates as may be fixed by GESCPL from time to time.

The Parties shall indemnify GESCPL resulting from breach of the terms and conditions mentioned herein and/or any proceedings, fine, penalties, damages, & loss and damages to the carrying vehicle and to the other goods due to any error, omission, mis-statement of or insufficient or improper packing labelling or addressing of the Shipment or fraud.

This Docket shall be governed in accordance with the laws of India. Any legal proceeding/s to be initiated by Parties (Shipper and Consignee) under this Docket, shall be subject to the exclusive jurisdiction of Courts of Mumbai, Maharashtra, India only.