GIR Divisions

Standard terms & conditions For Services to be provided by GIR Group Companies for the work of logistics including transportation.

Work Rules:

GIR is NOT in providing any services including transportation/ storage/ handling for any of the following material and NO person on behalf of the company is authorized in accepting the same.

1. Dangerous and Hazardous goods
2. Precious cargo like Gold, Silver, Bullion, share certificates etc.
3. Live stock
4. Material without proper transit documents and/or any contraband/illegal material.
5. Material where the cost of goods is more than Rs.1000/- per kg. & for liquids where the cost of material is more than Rs. 250/- per kg.
6. Material NOT insured comprehensively through recognized underwriters by client directly or through GIR.

Liability of GIR:

NO Liability:

1. GIR undertake to take all possible reasonable care for the cargo but its liability is limited for reason attributed to GIR to, as under as defined in clause B & C .For Losses attributed for any other reasons or for any value greater than the limitation, the same has to be compensated through the underwriters and GIR will not be liable for the same.
2. GIR will not be liable for the losses arising out of the act of God, act of war or public enemy, riots and civil commotion, arrest or restraint or seizure under legal process, order or restriction or prohibition imposed by the Govt.agency and/or any other FORCE MAJURE condition(s).
3. GIR will not be responsible for any losses due to any misrepresentation of facts by the client or its representative.
4. GIR will not be liable of any consequential losses.
5. GIR will not liable for any claim/ losses to any personal not provided by GIR.
6. GIR will not be responsible/ liable for services provided by other Carrier/Vendors in case GIR is providing services as agent /forwarders of those Carrier/Vendors.

Limited Liability:

GIR liability is limited for reason attributed to GIR to, as under:

1. Loss/Damage of material Rs. 1/- per kg of the material lost/damage.
2. Loss due to any error/handling of documents/forms Rs. 500/- per case/incident.
3. Loss due to delay in transit for ordinary consignment 1% of freight per day per consignment subject to maximum of 10% and for express consignment 10% of freight per day per consignment subject to max. 50%
4. Loss due to delay in loading/unloading beyond 4 working hrs at GIR warehouse and/or loss due to wrong acceptance/forwarding of material Rs. 500 per case/ incident.
5. Third party/personal claim Rs. 10000/-. Per case/incident.

Enhanced Liability: (Insurance by GIR)

In Case the insurance taken from GIR by paying extra premium the premium & liability of GIR will be as under:

1. In case the client wish to undertake the insurance policy through GIR than the premium of the same should be given in advance to GIR and policy issued before the execution of the services. The rates for the same are 1% of value of goods for each transaction /document but excluding consequential/personal/third party premium or claims. No Policy/insurance for any consequential/third party / personal claim can be issued/ charged by GIR. The liability is limited up to the value of the goods declared or up to the replaceable value which ever is less.
2. In case the client wish to take the policy for the confirmed delivery than the premium for the same will be extra 50 % of the normal freight. In that case the Loss due to Delay in transit for ordinary consignment 5% of freight per day per consignment subject to maximum of 200% of freight amount and for express consignment 20% of freight per day per consignment subject to max. 200% of Freight amount.
3. If any underwriter other than the GIR insures the material, than the material shall be deemed to be booked under limited liability for the risk covered/premium charged by the said underwriter notwithstanding contrary instruction/conditions/contract with the client/party.

Safety, Lien & System:

1. The client should provide good working environment & conditions, security and safety to all persons/ equipment provided by GIR at its site. Client should follow reasonable security and safety procedure. Client for working at its site should provide all proper safety gear/equipment/slings/Tools to GIR personals for proper and safe execution.
2. The client does not and/or will not have any lien on any material/equipments/vehicles of GIR or supplied by GIR though its agent/vendor for any reason whatsoever. GIR has absolute right at sole discretion/pleasure to withdraw / take away /change the equipments/ vehicles/material and/or any personals provided to client.

Mode of Services:

1. GIR has the absolute right at its discretion as it seems fit to use any mode /route/ equipments/ personals/ hub/ warehouses/procedures and/or any combination to provide transportation/ logistics services. The GIR has the absolute right to use any agents/ outsource agency/ sub contractor for full and/or part of the services to be provided.

Rates:

1. All Quotations are valid for maximum of 7 working days or up to the time the new quotation is submitted whichever less unless specified otherwise.
2. The rates are quoted strictly for the services specified and anything other than that will be charged extra. In case of any doubt, clarification regarding the same should be taken before the execution of the same otherwise the interpretation by GIR regarding the scope of services will be final.
3. The rates can be revised for the change in any direct input cost like diesel, duties etc.
4. The rates quoted are exclusive of service tax and education cess and/or any other Govt. taxes/levies.
5. The rates given are exclusive of any Govt. tax/levy charged on the material under the scope. If any taxes paid/payable in-route on behalf of the client by GIR than the same has to be paid in advance to GIR along with incidental expenses and also extra with 5 % coordination charges on Gross amount payable as the tax/levies.
6. Any payment made to any person on behalf of the client who does not carry any services/ responsibility/ liability from GIR will carry 5 % coordination charges. If GIR need to provide any services which is not under the contract scope and/or for which the rates have not been settled with the client earlier, than GIR will charge the same at actual charges incurred plus 20%.
7. For any services provided in excess of specified parameters and/or in overtime the rates applicable will be 125% of pro rata rates unless specified otherwise.
8. The working hrs will be calculated as 208 hrs per month (26 working days with 8 hrs shift) with Holidays on Sunday & other Gazette holidays.

General Service level:

The GIR commit to provide 90% uptime for the quoted equipment/services as per the Service level agreed. If not specified otherwise the deduction of service charges may be made at Pro rata plus 25% penalty in case of failure below 90%. The uptime does not include the time due to reason beyond reasonable control of GIR including natural calamities, riots, arson, strike, civil commotion, Major technical breakdown or any other force Mazure conditions.

Payment

1. Security money of 25 % of contract or 3 month of logistics charges will be required at the time of confirmation of contract unless specified otherwise.
2. All the charges for any service to be provided are payable in advance and/or before delivery of material unless specified otherwise. The charges have to be paid immediately on presentation of invoice / bill for the same at the Head office of GIR or at mutually agreed place.
3. In case of credit, any payment will be strictly adjusted on first bill in, first bill out basis. For any overdue payment 1% per week carry forward/penal interest will be charged and becomes payable along with the due payment. The issuance /continuance/cancellation and amount of credit limit is at the sole discretion of GIR.
4. No payment can be withheld/ stopped for any reason whatsoever. Also GIR reserve the right to stop the work/Services any time and charge lien on the material under its control/ subsequently coming under its control for any delayed payments.
5. All payment should be made only though A/c payee DD/cheque /pay order/ECS etc. directly in favour of GIR. No person of GIR is authorized to accept any cash payments.

E-Communication:

All communication by email/electronic media unless other wise specified including billing/proof of delivery/ work order /rate confirmation/consignment note etc. will be considered proper and sufficient by either party i.e. GIR and client.

Termination

Either party i.e. client or GIR can terminate the transportation agreement by giving 30 days written notice and other Logistics Services agreement by giving 90 days notice.

Claim

1. All claims should be notified at HO of GIR at Delhi immediately on coming of knowledge. Also a formal written claim with all proof should be lodged with in 30 days and proper receipt should be taken of the same. No claim will be entertained after 30 days of the incident.
2. All disputes will be referred to the arbitrator appointed with mutual consent with client and GIR at Delhi whose decision will be binding on both client and GIR.
3. For all legal purpose the value of the material/equipments provided by GIR will be treated as 25 times the monthly hire charges applicable.
4. GIR undertake to pay the claim if any/ and as per the applicability as defined in the above liability rules after due verification with in 180 days of client/party lodging the claim with GIR in writing. Otherwise the GIR is liable to pay the claim afterwards with the simple interest of 1% per month.
5. For all matters the jurisdiction lies in the court of Delhi.