Conditions of Carriage
Applicability the provision set out and referred to in this consignment note shall apply to modes of transport used by Cold Shot for connection of consignments. They also apply if the mode of transport as described on the face of this consignment note is contrary to the original contract between the parties or performed by one or more modes of transport which may not the defined mode of delivery of the consignment as agreed in this consignment note.
Cold Shot means Coldshot, a division of Balwaria Empire Pvt Ltd.
Parties mean and includes consignor, consignee and/or his/her authorized representatives.
Freight referred to in this consignment note means the transportation charges alone and it excludes the other components like COD / TO PAY / MENTION PC charges taxes and other levies.
Delivery means tender of shipment to the parties or intimation about arrival of the shipment at the destination.
- Cold Shot is entitled to use any mode and route for transportation.
- Cold Shot is a private carrier and its rights and liabilities are governed exclusively by the express terms set out herein below subject to the applicable laws this consignment note constitutes a binding contract between Cold Shot and the parties.
- This consignment note issued by Cold Shot shall be strictly based on the declaration given by the parties. Cold Shot shall not be responsible for any wrongful declarations contained in this consignment note and the parties shall remain solely liable for the same in the event of goods under the consequential loss/ refund. Further the parties agree to make good any losses to Cold Shot in case of any claims being lodged on Cold Shot on account of delays arising out of insufficiency of documents or wrongful declaration contained in this consignment note.
- Cold Shot’s RIGHT OF INSPECTION OF CONSIGNMENT
Cold Shot has the right but not the obligation to open and / or inspect any shipment consigned by the consignor to ensure that all the items are capable of carriage to the destination within the standard operating procedure and handling methods.
Cold Shot does not warrant that any particular item to be carried is capable of carriage without infringing the law of any state of the country from / to or through which the item may be carried.
Cold Shot reserves the right to refuse the consignor not conforming to these terms and conditions without assigning any reasons whatsoever.
- The parties are solely responsible for all / any payments levied by the government or any statutory body in respect of any consignment.
- The parties hereby declare that the consignment covered under this consignment note does not include any contraband / legally restricted / hazardous / flammable/ poisonous/ explosive / currency / jewelry / food coupon / share certificate or articles categorized as prohibited under the regulations.
- Cold Shot shall have a general lien over all the consignments of the parties towards any dues payable to Cold Shot by the parties.
- Cold Shot shall not entertain any warehouse booking & delivery unless the declaration form available with the concerned operating units is duly filled up along with the necessary enclosures and handed over to the concerned person.
- The parties shall pay the freight and other charges at the time of booking or within the payment period stipulated in this consignment note in case of non –payment of the bill amount within the stipulated time the parties shall be liable for payment of interest at the rate of 2% per month the bills will be raised even if POD (Proof Of Delivery) copy is not submitted.
- Cold Shot advises the parties to insure the goods handed over to Cold Shot for transportation under the consignor insurance. In the event of any loss Cold Shot shall provide COF (certificate of facts) on request. A COF charge of 0.2% on the invoice value shall be charged.
- Cold Shot’s liability is limited to ninety nine ($99.00) dollars per shipment, unless higher value is declared or insured at the time of shipment. For declared value of every hundred ($100.00) dollars, the insurance fee shall be three ($3.00) dollars. Where the actual value of a shipment exceeds the declared value, Cold Shot shall adjust any claim for loss or damage on the same ratio that the value of such loss or damage bears to the total value of the shipment. In no event will Cold Shot be liable for more than ninety nine ($99.00) dollars per shipment, unless specifically agreed upon in advance by Cold Shot. Shipments carried exclusively on the participating Carriers may be insured up to a maximum of $999.99 charge accounts only. Shipments with a declared value between $99.99 and a maximum of $999.99 must have pre-authorization from Cold Shot Customer Service. Non-charge account shipments declared values up to a maximum of $999.99.
- No claim shall be entertained by Cold Shot for any loss or shortage/ damage/ non-delivery / breakage / leakage / pilferage, etc. of the consignment unless a written claim is lodged within three (3) days from the date of delivery subject to the provisions under risk coverage or general liability clause of Cold Shot.
- Value added services COD / TO PAY are provided at additional charges over and above the freight charges without any liability on Cold Shot’s part whatsoever with respect to the original contractual obligations or payment terms between the consignor and consignee or any third party.
- Subsequent to booking of a consignment if the consignor makes any changes in the address or any other changes, additional charges shall be levied as a result of such a change.
- It is the responsibility of the consignor to provide the necessary documentation including but not limited to invoice. Packing list permits and forms as applicable in accordance with laws of the destination of the goods any consequences including but not limited to penalty seizures shall be the sole responsibility of the consignor.
- If the parties do not take delivery of the consignment for any reason whatsoever. Cold Shot shall raise bills on the parties towards the transportation and other charges including transport charges in accordance with the terms of the contract and the parties shall be liable to pay all dues payable to Cold Shot whether at the original booking station or elsewhere as notified by Cold Shot.
- The demurrage clause shall apply for a period of one (1) month and if the consignment is not accepted by the parties with in this period for any reasons and the parties fail to make the payments due to Cold Shot, Cold Shot shall be entitled to send the consignment to its unclaimed goods department to proceed with the sale of the consignment to realize all dues by issuing prescribed notices.
- Consignments carrying valuable items may take an additional day, over and above the committed delivery due to security reasons and inspection process in between.
- The liability of Cold Shot if any, in delay of the shipment (subject to any exceptions available under law) shall be to the extent of basic freight charges only. Cold Shot shall not be responsible for any consequential losses/claims.
- All demands claims arising from this consignment note shall be paid at the registered office of Cold Shot.
- Any dispute or differences arising from this consignment shall be referred to adjudication by a sole arbitrator Cold Shot shall be entitled to nominate the sole arbitrator to adjudicate any dispute differences or claims arising out of this consignment, the venue of arbitration shall be in Edmonton shall have the exclusive jurisdiction all claims arising from this consignment.
- The terms and conditions stipulated are in addition to special contracts, if any between Cold Shot and the parties.
- For any product specific terms and conditions, please refer Terms & Conditions listed overleaf of respective product consignment note or obtain the details from nearest booking counter / branches.