The Shipment is accepted by "The Garuda Express Pvt. Ltd.” its employees and or its agents hereinafter referred to collectively “TGE “ for carriage on behalf of the “The Shipper” subject to Terms and conditions hereinafter set out. TGE reserves the right to carry "THE Shipper’s good by any route and procedure and by successive couriers and according to its own handling, storage and transportation methods.
1. DOMESTIC CONSIGNMENT NOTE
A) The TGE Consignment Note is non negotiable and shipper acknowledge that it has been prepared by the shipper and TGE on behalf of shipper.
B) The shipment under the consignment note is carried at the shipper's risk.
2. OBLIGATION AND RESPONSIBILITY OF THE SHIPPER
A) TGE will only carry goods which are property of the shipper and the shipper warrants that it is authorized to accept and is accepting these conditions not only on behalf of itself but also as agent for or on behalf of all persons who are or may thereafter become interested in the goods. The shipper shall indemnify TGE against any damages, cost and expenses resulting from breach of this warrant.
B) The Shipper warrants to TGE that the description of the goods as noted on the consignment note confirms accuracy to the actual content of the goods and it does not contravene the provision of the Nepali Postal Act or any other law and the shipper shall indemnify TGE for all claims damages and thereupon have the right to deal with such items as is sees fit including the right to abandon carriage of the same immediately upon TGE having knowledge that such items infringes these.
C) It is the SHIPPER's obligation to ensure that all shipments rendered to “TGE” for carriage are prepared and packed sufficiently to ensure safe transportation with ordinary care in handling. Any article susceptible to damage as a result of any condition which may see encountered in transportation, collection or delivery must be adequately protected by the shipper by proper packing. Each package with a shipment must be legibly and durably marked with full name and address and telephone number or both. The shipper and consignee and TGE accept no responsibility for lack of sufficient packaging and addressee information necessary to affect delivery.
D) TGE will not carry (in addition to items mentioned in clause (2) (b) hereof dangerous, hazardous, combustible or explosive material, gold, silver, platinum, bullion or any forms of precious metals, precious or semi precious stones including industrial diamonds, currency (paper or coin) of any nationality or endorse in blank cashier cheques, money orders, traveler cheques, share certificates, antiques or life stock. in the event of such items consigned with TGE by the shipper, the shipper shall indemnify TGE for all claims, damages and expenses arising on connection therewith and TGE shall have the right to deal with such items as it shall see fit including the right to abandon the carriage of the same immediately on TGE having knowledge that such items infringes these conditions.
3) TGE'S RIGHT TO INSPECTION OF THE SHIPMENT
a) TGE has the right but not the obligation to open and or inspect any shipment consigned by the shipper to ensure that all the items are capable of carriage to the destination within the standard operating procedure and handling methods. TGE does not warrant that any particular item to be carried is capable of carriage without infringing the law through which the item may be carried.
b) TGE reserves the right to refuse the shipment not confirming to these terms and conditions without assigning any reasons whatsoever.
4) LIMITATION OF LIABILITY
The liability of TGE for any loss or damage to the shipment will be strictly limited to Nrs 100/- for each shipment (which items includes all documents or parcels consigned through TGE by the shipper)
5) CONSEQUENTIAL DAMAGES EXCLUDED:
TGE shall not be liable in any event for any consequential or special damages or other direct or indirect loss however arising whether TGE had knowledge those damages might be incurred including but not limited to loss of income, profits, interest, utility or loss of market.
(6) LIABILITIES NOTASSUMED:
A) In particular "TGE" will not be liable for any loss or damage to the shipment or delay in picking up or delivering the shipment if it is due to acts of God, force majeure occurrences of any case reasonably beyond the control of TGE or loss or damage caused through strikes, riots, political of TGE or loss or damage caused through strikes, riots, political or other disturbances like fire, accidents of the vehicles carrying the goods, explosion etc., beyond TGE control.
B) Caused by the act, the fault or omission of the Shipper, the Consignee or any other party claiming on the interest in the shipment including violation of terms and conditions hereof or any other person, Government officials in discharge of their duties such as custom, taxation, octoroi, inspection, etc., the nature of the shipment or defect characteristics or inherent vice thereof.
C) The shipper indemnifies TGE against any loss damages penalties auctions proceedings that may instituted by any government officials in discharge of their duties, such as custom, taxation, octoroi, inspection, etc.,
A) Any claims must be brought by the shipper in writing to the office of TGE where the shipment was booked within 35 days from the date of acceptance by the TGE for carriage. No claims can be made against TGE beyond this time limit.
B) No claim for loss or damage will be entertained until all transportation charges have been paid and the amount of such claims will not be deducted from nay transportation charges owned to TGE by the shipper.