Terms and Conditions for website users, consignors and consignees
The following terms and conditions govern the use of the website [www.zipdelivery.in] (“ZDLLP website”) of ZIP delivery LLP (“ZDLLP”), including all sections and services available on the ZDLLP website. The viewing or use of this site will constitute your agreement, on behalf of yourself and the entity you represent (hereinafter collectively “you” or “your”), to all of the terms and conditions provided below. It is agreed and understood by ZDLLP and the consignor and consignee (which includes anyone claiming and/or acting under the consignor and consignee) that the transportation/shipment of the consignment shall be subject to and per the following terms and conditions:
- The consignor and consignee acknowledge that the consignment note would be non-negotiable and it would be prepared by the consignor and consignee or by ZDLLP on behalf of the consignor and consignee as per instructions of consignor and consignee and its contents shall be binding on all three parties i.e. ZDLLP, consignor and consignee.
- The consignor and/or consignee warrant that he/she/they are the owner or the authorized agent of the owner of the goods/articles transported under the consignment note and that the consignor and consignee accepts present terms and conditions for himself and/or as agent for and on behalf of any other person having an interest in the consignment.
- The consignor and consignee warrant to the ZDLLP that the description of the consignment as noted on the consignment note confirms accurately to the actual content thereof and it does not contravene the provisions of the Indian Postal Act, 1898 and any amendments under it and/or under any provisions of any central and/or state laws/acts.
- All consignments are booked by the ZDLLP in good faith in respect of the contents thereof. The consignment shall not contain any items or material which are prohibited and/or considered contraband by any any other central and/or state laws/acts. In the event of the consignment containing item or material as aforementioned, the consignor and consignee agree and undertakes to indemnify the ZDLLP in respect of all consequences thereof including for claims made by any third party and/or all losses incurred by ZDLLP in respect of the said item or material. Further, more specifically, the transportation of any such item or material shall always be solely at the consignor’s and consignee’s risk as to the cost and consequences thereof, if any.
- The consignor and consignee shall not book any consignment containing currency, gems and jewelry, gold, drugs, explosives, fire arms ammunitions, hazardous chemical liquids, radioactive material, pornographic material, share certificates, letters, personal mails and other contraband items which are banned by the Indian Postal Act, 1898 and any amendments under it and/or under any provisions of any central and/or state laws/acts and in case the consignor and consignee shall be solely responsible and shall bear the consequences, if any, for booking such an item(s).
- ZDLLP reserves its right to refuse the booking of any consignment without assigning any reason whatsoever.
- ZDLLP shall have the right to open and/or inspect the consignment at the time of booking or transit. Further, unless and until it is specifically mentioned, the delivery shall always be made at the address mentioned on the consignment note.
- The consignor and consignee shall be solely responsible for all costs and expenses (including octroi and all other charges livable by central/state/ local authorities) and also for all costs consequent to any penalty, action, proceedings in relation to the consignment. Further, the aforementioned costs, charges and all other levies or duties in respect of the consignment shall be payable by the consignor and/or consignee at the time of booking, failing which ZDLLP shall be within its rights to withhold the delivery of the consignment and the consignor and/or consignee shall the bear the consequences subsequent to such actions done by them. Furthermore, the consignor and consignee has agreed to ZDLLP having a right of lien on all or any consignment of the consignor or consignee and having a right to temporarily withhold the same till all its dues and charges (including shipment charges, octroi, duties warehousing, etc.), whether in respect of this consignment or otherwise, are paid in full.
- ZDLLP reserves its right to refuse delivery of consignment if proper acknowledgement, including but not limited to, such as signature, company seal, date and time of delivery is not given by the consignor or consignee. Further, the address of the consignee and consignor shall be given with the PIN Code, as well as telephone number to enable prompt pick-up and delivery and easy identification. Furthermore, no post box address shall be accepted by the ZDLLP and no proof of delivery shall be given in respect of tenders and any Government documents or documents which belong to Government departments.
- The consignor and consignee accept the condition that the transportation/shipment is to be carried by ZDLLP from point of booking only up to the address shown on the consignment note. Further, in the event of consignment being required to be rerouted/redirected/returned, for any reason whatsoever, the consignor and consignee shall be liable to pay all charges (including costs, octroi, taxes and duties) for such rerouting/redirection/return as per the schedule of ZDLLP.
- The consignment is accepted for the transportation by road and or by any other surface as per the absolute discretion of ZDLLP.
- The consignor and consignee have agreed to obtain services of ZDLLP at consignor’s and consignee’s risk.
- ZDLLP will endeavor to exercise its best efforts to provide expeditious delivery of the consignment in accordance with the regular delivery schedules but the at the same time ZDLLP shall not, under any circumstances, be liable for delay or for consequences arising out of delay in delivery of the said consignment, regardless of the cause of such delay and the consequences of the same shall be borne by the consignor and/or the consignee.
- ZDLLP shall not be liable for any delay in pick-ups, wrong address delivery, non-delivery or loss or damage to it on account of act of God, force majeure and/ or occurrences like strikes, riots, political and any other disturbances or accidental fire, accident of the vehicle carrying the goods, explosions and/or any other cause which is reasonably beyond the control of ZDLLP.
- The consignor and consignee shall at the time of booking non-documents may be required to provide a declaration stating the value of consignment and the detailed description of materials in consignment and the same shall be binding upon the consignor and consignee. Further, in instances of consignments booked under the ‘cash on delivery’ facility, the amount payable by (or to) the consignor or consignee shall not be considered as declared value for purposes of claim.
- Any claim (including for loss or damage) in respect of the consignment shall be made in writing within 90 (ninety) days from date of booking. Further, in absence of any such claims made within the period stipulated hereinabove the Consignor and Consignee agree to ZDLLP to destroy the records of delivery and any other connected documents in respect of the consignment. Further, no claim for loss or damage will be entertained until all charges and levies payable in respect of consignment have been paid.
- In any event, the ZDLLP shall not be liable for any consequential or special damages or indirect losses due to loss or damage to the consignment or due to delay in deliveries, wrong address delivery, and non-delivery of consignment for any reason whatsoever. Further, more particularly, ZDLLP shall not be liable for any loss of income, profits, interests and/or any other consequential losses.
- Without prejudice to any term contained hereinabove it is expressly agreed that while ZDLLP promises to look into the claim, the final decision on amount of consideration to be paid, if any, will rest with ZDLLP and it will be final and binding on all parties. Further, ZDLLP will take utmost care of the goods but does not promise to take part or full liability of loss and damages to the goods or any losses to the consignor, consignee and their agent due to the service provided by ZDLLP.
- Arbitration – Any and all disputes and/or claims relating to or arising in connection with the services provided by ZDLLP and all disputed and/or claims relating to or arising in between ZDLLP and the consignor or consignee or anybody claiming through consignor and consignee under any transaction under the consignment note and/or the construction and/or the application and/or the meaning thereof, otherwise arising out of or in connection with or relating to the consignment note, shall be referred to arbitration to be held in accordance with the provisions of the Arbitration and Conciliation Act, 1996 or any statutory amendments and/or modification and/or re-enactment thereof for the time being in force and that arbitrator shall be appointed by ZDLLP and the cost the arbitrator shall be borne equally by the parties in the involved dispute. The arbitration proceedings shall be held and conducted in Delhi and the governing laws shall be the laws of India. The award of the Arbitrator shall be final, conclusive and binding upon the parties.
- Subject to provisions of arbitration clause hereinabove the courts in Delhi shall have exclusive jurisdiction to deal with all disputes and matters regarding performance or non-performance of obligations under or in respect to transaction covered by the consignment note. Further, it is agreed between the parties that in the event of any conflict between the terms herein and any written contract prior hereto, the terms herein shall prevail and supersede the prior contract.