Decker Logistics Pvt Ltd. (VALUESHIPR)

ValueShipr is a Logistics Ecosystem Platform proprietary technology from M/s. Decker Logistics Pvt. Ltd .The Platform ecosystem provides a neutral venue that facilitates linking cargo shipment with Transport Associates who are third party transportation providers (across Road, Rail, Sea & Air) to offer shipment services to a discerning shipper/cargo owner. Therefore the services of the company is to link and match you with suitable transportation providers, who could fulfill your shipment requirements

By accessing or using the Website or by using the Service on the Website or Mobile APP, you agree to be bound by these Terms and Conditions set forth below including any additional guidelines and future modifications. VALUESHIPR may add to, change or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on this Website apply as soon as they are posted. You shall re-visit the “Terms & Conditions” link from time to time to stay abreast of any changes that the “Site” may introduce. You could visit the “Terms of Use” for detailed understanding.

Applicability: The provision set and referred here under (Loading Receipts) shall apply to transportation through any modes and shall not be restricted to one mode of transport only.

1. Definitions :-

A) DLPL-(Decker Logistics Pvt. Ltd)

B) Delivery – means tender of shipment to the parties or intimation about the arrival of shipment at the destination.

C) Parties – mean and include Shipper or cargo owner/ consignor, Receiver/consignee and their authorized representative.

D) Freight – means the basic freight only and shall exclude the other components e.g. HRR, taxes and other charges, etc.

E) Instrument – means and includes Cheque, Demand draft and pay order.

F) DLPL Transport Associate – means Business Partners of DLPL.

G) Cargo Owner – means customer or consignor.

H) DLPL Business associates – means people who are associated with us on contractual basis.

I) Banned Products – means the products/goods/articles that are banned from Shipping, under guidelines of CMVR Act, DGS, IATA etc.

2.DLPL Transport Associates is entitled to facilitate any mode and route for transportation.

3.The Loading Receipt LR is a contract between DLPL Transport Associate & the Shipper/ cargo owner & Receiver consignee. Valueshipr is the facilitator platform.

4.The terms and conditions stipulated in this loading receipts are in addition to the special contract if any between DLPL and parties / stakeholders on ValueShipr Platform.

5.Declaration :-

I. The shipment entrusted by the parties/shippers to Transport Associate on ValueShipr platform (DLPL) is strictly booked on ‘’ SAID TO CONTAIN BASIS”

II.The loading receipts is system issued, strictly on the basis of declaration given by the parties. DLPL, shall not be responsible for any incomplete inaccurate/wrongful declaration.

a) The parties/Shippers hereby declare that the shipment covered under the Loading receipts does not include any banned items like contraband, arms, dangerous goods, hazardous. inflammable or prohibited articles, malicious items as defined in various statues like CMVR Act, DGS, IATA regulations.

b) Transport Associate registered with DLPL shall not entertain any godown booking / delivery unless the “Declaration form” available with the operating unit concerned is duly filled up along with necessary enclosures and handover to the authorized person.

c) In the event of any discrepancy found by DLPL Transport Associate in the weight declared by shipper / cargo Owner in LR and the actual weight of the shipment, the differential charges shall be collected from the Shipper / consignor directly by our Transport Associates.

d) Also, in the event of rate mentioned on the loading receipts is found to be less then the agreed rates / contracted rates, the differential rate shall be collected from the parties.

6. Documentation :-

a. Proper & complete documentation by the parties/shippers/consignors is compulsorily required along with accurate details of the shipper/Receiver’s name, address, telephone no, email-ids, and forms, permits, way bills, invoices, STN (stock transfer name) etc. as per the statutory requirements.

b. DLPL shall not be made responsible/liable in case of any deficiency in the documents/statutory requirement and no claim or grievance of any nature shall be entertained, if the same is arising out of the reasons mentioned herein above (i.e.,clause 6 (a)).

c. Parties hereby undertake to make good the loss to DLPL & Transport Associate in case their shipment(s) loaded in the vehicle due to inherent nature and which is wrongly declared by the parties OR in case of seizure by any Government authority due to improper, malicious and incomplete documentation as result other shipment(s) also get delayed resulting, in a loss to DLPL.

d. DLPL or its Transport Associate is not liable for any kind of damages to the goods, caused due to improper and loose packaging of goods.

7. Assurance of Delivery:-

All shipments carry an ‘’ Assured date of delivery ‘’ except certain shipments booked under specific instructions. We have also facilitated the Web / mobile application to indicate the Expected time of Delivery ETD. The assurance is subject to the following:

a) Date of intimation for delivery of shipment or first attempt is considered as deemed delivery.

b) In case the assured date of delivery falls on Sunday or any holiday, political bandh day etc.…, the next working day will be treated as assured delivery date of delivery.

c) Delivery assurance will not be applicable in case of accidents, Act of god, force majeure, floods , strikes , political bandh, acts of enemies of state and events beyond control of Parties or DLPL partners. However our Transport Associate will do their best to facilitate timely deliveries.

d) If party is not ready with payment at the time of first attempt, delivery shall not be effected without payment and same shall not be treated as delay in delivery.

8. Liabilities :-

a) The liability of DLPL Transport Associate if any delay in delivery of shipment (Subject to exceptions available) shall be to the extent of freight only.

b) Further under this Loading Receipt (LR), the DLPL Transport Associate hereby restricts its liability through this loading receipts to be Rs. 400/-(Rupees four hundred only) per kg. Subject to a maximum of Rs. 5000/-(Rupees Five Thousand Only) or cost of reconstruction, whichever is lower .

c) In case party / Shipper choose the Insurance partner provided by DLPL Platform and the insurance amount is paid, in the event of actual loss suffered by the parties, DLPL will extend all support in co-ordination with Insurance partner and Transport Associate to provide requisite documents for settling claims..

d) DLPL Transport Associate shall not be responsible for any indirect, consequential remote, exemplary losses / damages / claims.

e) When the value of the shipment is declared by the parties as NCV (No Commercial Value), the liability of DLPL Transport Associate shall be restricted to Rs. 100/- (One hundred only) only.

f) DLPL Transport Associate assumes no responsibility and / or liability in case material is outwardly intact at the time of effecting delivery. Lodging a claim for damage, shortage, breakage, pilferage etc. after taking delivery shall not be entertained in any circumstances whatsoever, however, parties may insist for open delivery in case shipment is outwardly in damaged condition, to assess the loss, if any, by following the due process of law and the policy and procedure as defined by M/S DLPL.

g) DLPL Transport Associate shall not entertain any payment instruments unless specially instructed by DLPL after consultation with shipper.

h) As the payment collecting services provided under this contract is being complex and requiring the intervention of a number of parties, it is explicitly acknowledged that DLPL shall only be held liable for facts originating in the infrastructure managed by DLPL and over which DLPL exercises power of control. DLPL shall not be held liable for facts originating upstream or downstream. In particular, any loss resulting from upstream or downstream connectivity defect shall not engage the liability of DLPL (for example residing in the fault of the Payment Method Providers, or Internet connectivity,…).

9. Payments :-
Parties (either consignor or consignee) are required to make the payment upfront after confirming the Transport Associate on the DLPL ValueShipr Platform based on the arrangements. If the parties do not take delivery of the shipment due to any reason what so ever DLPL Transport parties reserves right to raise bill on the parties towards balance Freight charges if any, parking charges, any loss, other charges besides the one on the loading receipts and the parties shall be liable to pay all the dues payable to DLPL Transport Associate on the DLPL platform or directly with the Transport Associate.

10. Claims :-

a) No claim shall be entertained by DLPL or its Transport Associate for any loss, shortage , non delivery, breakages., leakage, pilferage etc. for the shipment unless a written claim is lodged within thirty(30) days from the date of loading receipts, subject to remarks on the proof of delivery (POD) on Loading Receipt LR.

b) The parties shall not be entitled to deduct / adjust / set off any account of claims including loss of CENVAT COPY AND DELIVERY CHALLAN etc. However DLPL will extend cooperation if necessary enabling the shipper to obtain the duplicate copy and settle their claims, independent of payments to be made to DLPL.

c) DLPL shall not entertain any claims arising out of decay / deterioration of material due to delay in delivering of consignment for any reason.

11. Arbitration:-

a) In case of any dispute arising out of or in relation to loading receipts shall be referred to a sole arbitration appointed by DLPL governed under the provisions of Arbitration and Cancellation Act, 1996 as are in force and any amendment thereto from time to time. The venue of arbitration shall be Mumbai only. The award of the arbitrator shall be final and binding on the parties.

b) This contract shall be construed in accordance with the laws of India. Any proceedings are from or under any award / interim order by the Arbitrator, shall be subject to the exclusive jurisdiction of Counts of Mumbai in the state of Maharashtra, India only. And no other court shall have jurisdiction.