Privacy Policy
The customer’s attention is drawn to the causes hereof which exclude or limit the company’s liability & those, which require the customer to indemnify the company in certain circumstances.
Definition & Application
The content of this site ("Content") is the property of the company, & all right, title & interest in all content belongs solely to the company. You may access & use content for any legitimate business purpose; provided, however, that you may not use this site or any content for any purpose prohibited by the company, in its sole discretion, upon notice of such prohibited purpose from the company. Any access or attempt to access other areas of any computer equipment on which this site is located, or other information contained on such computer equipment for any purpose, is prohibited.
Intellectual Property Rights in these Conditions:-
‘Company’ is Sri Balaji Warehousing & Logistics
‘Person’ includes any association of Body of persons, whether incorporated or not.
‘Owner’ means the Owner of the goods (including any packing, containers or equipment) to which any business concluded under these conditions relates & any other person who is & may become interested in them.
‘Customer’ means any person at whose request or on whose behalf the company undertakes any business or provides advice, information or services.
Subject to Sub – Paragraph (B) below all & any activities of the Company in the course of business whether gratuitous or not are undertaken subject to these conditions.
If any legislation is compulsorily applicable to any business undertaken, these conditions shall, as regards such business, be read as subject to such legislation & nothing in these conditions shall be constructed as surrender by the company of any of its rights or immunities or as an increase of any of its responsibilities or liabilities under such legislation & if any part of these conditions be repugnant to such legislation to any extent such part shall as regards such business the overridden to that extent & no further.
The customers warrants that he is either the owner or the authorized agent of the owner or the authorized agent of the owner & also that he is accepting these conditions not only for himself but also as agents for and on the owner.
In authorizing the customer to enter into contract with the company &/or in accepting any documents issued by the company to enter into contract with the company &/or in accepting any documents issued by the company in connection with such contract, the owner & the consignee accept these conditions for themselves & their agents & for any parties on whose behalf they or their agents may act, & in particular but without prejudice to the generally of this clause, they accept that the company shall have the right to enforce against then jointly & severally any liability of the customer under these conditions o to recover from them any sums to be paid by the customer which upon proper demand have not been paid.
The Company
Subject to clauses 13 & 14 below the company shall be entitled to procure any or all the services as an agent or to provide those services as a principal.
The offer & acceptance of an inclusive price for accomplishment of any services shall not itself determine whether any such services is or services are to be arranged by the company acting as agent or to be provided by the company acting as a contracting principal.
When acting as an agent the company does not make of purport to make any contract with the
Customer for the carriage, storage, packing, or handling of any goods nor any physical service in relation to them & act solely on behalf of the customer is securing services by establishing contracts with third parties so that direct contractual relationships are established between the customer & such third parties.
The company shall on demand by the customer provide evidence of any contract entered into as agents for the customer. Insofar as the company may be in default of this obligation, it shall be deemed to have contracted with customer as a principal for the performance of the customer’s instruction.
When & to the extent, that the company has contracted as principal for the performance of any of its services, if undertakes to perform &/or in its own name to procure the performance of any of those services, & subject always to the totality of these conditions & in particular to clause 26-29 here-of accepts liability for loss or of damage to goods taken into its charge accruing between the time when it takes the goods into its charge & the time when the company is entitled to call upon the customer. Consignee or owner to take delivery of the goods.
When & to the extent that the company in accordance with these conditions is acting as an agent on behalf of the customer, the company shall be entitled & the Customer hereby expressly authorities the company to enter into contracts on behalf of the customer.
For the carriage of goods by any route or means or person.
For the storage, packing, transshipment, loading, unloading or handling of the goods by any person at any place & for any length of time.
For the carriage of storage of goods in or on transport units as defined in clause 19 & with other goods of whatever nature; &
To do such acts as may in the opinion of the company be reasonably necessary in the performance of the obligations in the interest of the customer.
The company reserves to itself a reasonable liberty as to the means, route & procedure to be followed in the handling storage & transportation of the goods.
The Company shall be entitled to perform any of its obligations herein by itself or by its parent subsidiary or associated companies. In the absence of agreement to the contrary any contract to which these conditions apply is made by the company on its own behalf & also an agent for & on behalf of any such subsidiary or associated company, & say such company shall be entitled to the benefit of these conditions.
(A) Subject to sub-caste (B) hereof, the company shall have a general lien on all goods & documents relating to goods in its possession, custody or control for all sums due at any time from the customer or owner, & shall be entitled to sell or dispose of such goods or documents as agent for & at the expense of the customer & apply the proceeds in or towards the payment of such sums on 28days notice in writing to the customer. Upon accounting to the customer for any balance remaining after payment of any sum due to the company & the cost of sale or disposal the company shall be discharged of any liability whatsoever in respect of the goods or documents.
When the goods are liable to perish or deteriorate, the company’s right to sell or dispose of the goods shall arise immediately upon any sum becoming due to the company subject only to the company taking reasonable steps to bring to the customer’s attention its intention of selling, or disposing of the goods before doing so.
The company shall be entitled to retain & be paid all brokerages, commissions, allowances & other remunerations customarily retained by or paid to Freight Forwarders.
If delivery of the goods or any part thereof is not taken by the customer, consignee or owner, at the time & place when & where the company is entitled to call upon such person to take delivery thereof, the company shall be entitled to store the goods that part thereof at the sole risk of the customer whereupon the liability of the company in respect of the goods or that part thereof stored as aforesaid shall wholly cease & the cost of such storage if paid for or payable by the company or any agent or sub-contractor of the company shall forthwith upon demand he paid by the customer to the company.
The company shall be entitled at the expense of the customer to dispose of (by sale otherwise as may be reasonable in all the circumstances):-
On 28 days notice in writing to the customer or where the customer cannot be traced & reasonable efforts have been made to contact any parties who may reasonable be supposed by the company to have any interest in the goods, & goods which have been held by the company for 90days & which cannot be delivered as instructed &
Without prior notice, goods which have perished, deteriorated or altered or are in immediate prospect of doing so in a manner which has caused or may reasonably be expected to cause loss or damage to Third Parties or to contravene any applicable laws or regulations.
No insurance will be effected except upon express instructions given in writing by the customer & all insurances affected by the company are subject to the usual exceptions & conditions of the policies of the insurance company or underwriters taking the risk. The company shall not be under any obligation to affect a separate insurance on each consignment but may declare it on any open or general policy. Insofar as the company agrees to affect insurance the company acts solely as agent for the customer using its best endeavors to arrange such insurance & does so subject to the limits of liability contained in clauses 26-29 hereof.
(A) The company shall perform its duties with a reasonable degree of care, diligence, skill & judgment.
(B) The company shall be relieved of liability for any loss or damage if, & to the extent that, such loss or damage is caused by:-
Act of God.
Act of War.
Act of public enemies.
Arrest of restraint of princes, rulers or people or seizure under legal process.
Act or omission of the customer or owner or any person acting on their behalf.
Strikes or lock outs or stoppage or restraint of labor from whatever cause, whether partial or general.
Riot, civil commotion or any other cause beyond the reasonable control of the company.
(A) Subject to clauses 2(B) & 11(A) the company shall be liable for loss of or damage to goods occurring between the time when it takes the goods into its charge & the time when the company is entitled to call upon the customer, consignee or owner to take delivery of the goods.
The company shall be entitled to take the benefit of every right, defense, limitation & liberty of whatsoever nature contained in the Rules or Bye-laws of IATA in respect of such goods or contained in any International Convention or national law which may be applicable to the contract under these conditions. The company is not authorized to do anything which may constitute an infringement of IATA or FIATA rules or Bye-laws.
Except under special arrangements previously made in writing the company accepts no responsibility for departure or arrival dates of goods.
No claim of any kind shall be made against any director, servant, or employee of the company or any of its parent, subsidiary or associated companies.
The company shall be entitled at any time to delegate all or any of its obligations herein.
These conditions & any act or contract to which they apply shall be governed by Indian law.