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GENERAL TERMS AND CONDITIONS


THESE TERMS AND CONDITIONS OF SERVICE CONSTITUTE A LEGALLY BINDING CONTRACT
BETWEEN “NVGL (NAVIGATORS VISA GLOBAL LOGISTICS LIMITED)” AND “CUSTOMER”. WHERE
A NVGL
DOCUMENT IS ISSUED, THE TERMS AND CONDITIONS CONTAINED OR EVIDENCED IN SUCH
DOCUMENT SHALL, IN SO FAR AS THESE ARE INCONSISTENT WITH THE NVGL CONDITIONS, BE
PARAMOUNT
AND GOVERN THE SERVICES IN RESPECT OF WHICH THE NVGL DOCUMENT IS ISSUED.

1. DEFINITIONS

“NVGL/COMPANY” shall mean the applicable Navigators Visa Global Logistics
Limited Global Forwarding entities operating in India that is providing the
service, as well as their subsidiaries, related companies, agents and/or
representatives.

“Buyer” means any person, body corporate, or entity that purchases or orders the
Goods from the Customer.

“Carriage” means vehicles and conveyances of all kinds including acts in
furtherance of an act of carriage by another or a specific means, whether by
air, sea, or land transport, or any combination of such transport modes.

“Carrier” means any party involved in the carriage of Goods whether by
airfreight, sea freight or land transport.

“Customer” shall mean the person for which the Company is rendering service as
applicable, as well as its principals, agents, and/or representatives,
including, but not limited to, shippers, importers, exporters, carriers, secured
parties, warehousemen, buyers and/or sellers, shipper’s agents, insurers and
underwriters, break-bulk agents, consignees, etc. It is the responsibility of
the Customer to provide notice and copy(s) of these terms and conditions of
service to all such agents or representatives.

“Dangerous Goods” means cargo, which is noxious, hazardous, inammable,
explosive, or offensive (including radioactive materials) or may become noxious,
hazardous, inammable, explosive, or offensive or
radioactive and may become liable to cause damage, loss or injury to any person
or property whatsoever or howsoever caused

“Documentation” shall mean all information received directly or indirectly from
Customer, whether in paper or electronic form.

“Goods”: the cargo to which any business under these conditions relates.

“Debts” means all amounts owing by the Customer to the Company on any account
whatsoever

“Force Majeure Event” means any cause or causes beyond the control of the party
whose performance is directly affected by it, including but not limited to war
(declared or undeclared), rebellion, revolution, tumults, political disturbance,
accident to the wharf, accidents at works or wharf, at receivers’ works or
wharf, breakdown or stoppage of slurry pipeline, transfer vessels, motor
vehicles or any part of the works from which the Goods are supplied or to which
the Goods are destined, including loading and/or discharging facilities,
installations and/or equipment at or an route, partial or total stoppage of
roads, rivers or
channels, riot, insurrection, civil commotion, epidemics, quarantine, strike,
lockout, blockade, industrial disturbance, labour/industrial disputes or
stoppages of miners, workmen, lightermen, tugboat men or other hands essential
to the working, carriage, delivery, shipment or discharge of the said Goods
whether partial or general, interference of trade unions, the act of God, re,
oods, storm, tempest, volcanic eruption, earthquake, landslips, frost or snow,
bad weather, the intervention of sanitary, customs, and/or other constituted
authorities, the act of government (whether de facto or de-jure) and supervening
illegality, or any other cause beyond the control of the NVGL. Act of government
shall include, but is not limited to, the refusal to grant any necessary import
or export license.

“Goods” are any goods or items which are the subject of the services provided by
the Company to the Customer under this or any other Agreement.

“Owner”: The Owner of the Goods or Transport Unit and any other person who is or
may become interested in them;

“Third parties” shall include, but not be limited to, the following: “carriers,
truckmen, cartmen, lightermen, forwarders, OTIs, customs brokers, agents,
warehousemen and others to which the Goods are entrusted for transportation,
cartage, handling and/or delivery and/or storage or otherwise”
Services: means freight forwarding services, customs brokerage services, storage
services, transportation services, transport management services and any other
service described in the Agreement and/or rate quotation.

“NVGL Transport Document” means Airway Bill, Bill of Lading, Road Bill;

“Transport Unit”: packing case, pallets, container, trailer, tanker, or any
other device used whatsoever for and in connection with the carriage of Goods by
land, sea or air


2. APPLICATION

If any provision of this Agreement is held invalid by a court of competent
jurisdiction, all valid provisions that are severable from the invalid
provision(s) shall remain in full force and effect. The Parties shall in that
case enter into consultation with the aim of coming to an agreement as to the
replacement of the invalid and/or nullied stipulation with a new stipulation,
which achieves to the greatest extent possible the economic, legal and
commercial objective of the invalid or unenforceable provision.


3. COMPANY AS AGENT

NVGL acts as the “agent” of the Customer for the purpose of performing duties in
connection with the entry and release of Goods, post-entry services, the
securing of export licenses, the ling of export and security documentation on
behalf of the Customer and other dealings with Government Agencies, arrangement
of contracts with carriers, forwarders, customs agents, warehousing companies
for the account of or in the name of NVGL and other parties pursuant to the
instructions of Customers and therefore NVGL is liable only in respect of their
careful selection and instruction, as to all other services, NVGL acts as an
independent contractor.


4. QUOTATIONS NOT BINDING

Quotations as to fees, rates of duty, freight charges, insurance premiums or
other charges given by the Company to the Customer are for informational
purposes only and are subject to change without notice; no quotation shall be
binding upon the Company


5. EXAMINATION.

The Company shall carefully examine the placed orders; however, the Company
shall not be obliged to verify the contents of transport containers or
shipments, or to check weights or dimensions. If any ambiguities come to the
notice of NVGL, NVGL shall clarify as soon as possible with Customer


6. DECLARING HIGHER VALUE TO THIRD PARTIES.

Third parties to whom the Goods are entrusted may limit liability for loss or
damage; NVGL will request excess valuation coverage only upon specic written
instructions from the Customer, which must agree to pay any charges therefore;
in the absence of written instructions or the refusal of the third party to
agree to a higher declared value, at Company’s discretion, the Goods may be
tendered to the third party, subject to the terms of the third party’s
limitations of liability.


7. DELIVERY TIMES

Guarantees of delivery times are generally excluded, unless agreed upon in
advance and in writing.


8. UNFORESEEN INTERMEDIATE STORAGE

If the consignee does not take delivery of the shipment at its destination, or
if the shipment is held up in transit due to factors beyond the control of NVGL,
it shall be placed in storage for the account of and at the risk of the
Customer. NVGL shall, as soon as possible, inform the Customer of such
unforeseen intermediate storage.


9. ADDITIONAL CHARGES AND REIMBURSEMENTS.

NVGL is not liable for the incorrect charging of freight, customs duties,
levies, etc. for which not caused by NVGL.


10. INSTRUCTIONS RELATING TO DELIVERY OR RELEASE OF GOODS.

Except under the terms of a document signed by NVGL, any instructions relating
to the delivery or release of the Goods such as, but not limited to, against
payment or against surrender of a particular document, are accepted by NVGL,
where NVGL has to engage third parties to effect compliance with the
instructions, only as agents for the Customer.


11. GOODS REQUIRING SPECIAL HANDLING OR DANGEROUS GOODS

Customer is obligated to inform to NVGL special conditions regarding the Goods,
including Dangerous Goods, Restricted Goods and Prohibited Goods as dened in the
Terms and Conditions of the Transport Documents, prior to the shipment, in order
to verify acceptance according to the shipping line, carrier and/or legislation.
NVGL will not accept or deal with Goods that require special handling regarding
carriage, handling, or security whether owing to their thief attractive nature
or otherwise including, but not limited to bullion, coin, precious stones,
jewellery, valuables, antiques, pictures, human remains, livestock, pets,
plants. Should any Customer nevertheless deliver any such Goods to the Company,
or cause the Company to handle or deal with any such Goods, otherwise than under
such prior agreement, the Company shall have no liability whatsoever for or in
connection with the Goods, howsoever arising.


12. FAILURE TO TAKE DELIVERY

Should the Customer, Consignee or Owner of the Goods fail to take delivery at
the appointed time and place when and where the Company is entitled to deliver,
the Company shall be entitled to store the Goods, at the sole risk of the
Customer or Consignee or Owner, whereupon the Company’s liability in respect of
the Goods, or that part thereof, stored as aforesaid, shall wholly cease.The
Company shall be entitled at the expense of the Customer to dispose of or deal
with (by sale or otherwise as may be reasonable in all the circumstances): (i)
after at least 28 days’ notice in writing to the Customer. NVGL shall not be
liable
for any over time, detention, demurrage or port charges applied to containers by
the ocean carrier, merchant, owner of the container and/or port authority.


13. LOSS OR DAMAGE NOTICE

Any apparent, loss or damage to the cargo must be noted immediately on the
transportation document (HAWB, B/L or road bill) at the time of taking delivery
of goods, it shall be annotated on the POD. The Customer shall notify The
Company within two (2) working days and advise The Company of the apparent
shortage or damage and of any non-apparent loss or damage and both parties shall
thereafter arrange for a joint inspection and a third-party survey (for
Insurance requirement) of the relevant Products. Failure to do so will result in
a presumption of delivery of shipments in the condition stated in the transport
document.


14. LIMITATION OF ACTIONS.

Any claim by the Customer against NVGL arising in respect of any service
provided for the Customer, or which the Company has undertaken to provide will
be subject to the time limits included in the applicable international
conventions or a specic local statute. Notwithstanding the above, any claim by
the Customer against the Company shall be made in writing and notied to the
Company within 14 days of the date upon which the Customer became, or should
have become, aware of any event or occurrence alleged to give rise to such
claim.


15. RELIANCE ON INFORMATION FURNISHED.

Customer acknowledges that it is required to review all documents and
declarations prepared and/or led before Government Agencies and/or third
parties, and will immediately advise NVGL of any errors, discrepancies,
incorrect statements, or omissions on any declaration or other submission led on
Customers behalf. In preparing and submitting customs entries, export
declarations, applications, security lings, documentation and/or other required
data, NVGL relies on the correctness of all documentation, whether in written or
electronic format, and all information furnished by the Customer.


16. INSURANCE

Unless requested to do so in writing and confirmed to Customer in writing and
where permitted under applicable law, NVGL is under no obligation to procure
insurance on Customer’s behalf; in all cases, Customer shall pay all premiums
and costs in connection with procuring requested insurance. All insurances 
affected by NVGL are subject to the usual exceptions and conditions of the
policies of the insurers or underwriters taking the risk. Unless otherwise
agreed in writing, NVGL shall not be under any obligation to effect a separate
insurance on the Goods, but may declare it on any open or general policy held by
NVGL. Insofar as NVGL agrees to effect insurance, NVGL acts solely as agent for
the Customer.


17. PAYMENT TERMS

All charges and/or payments are exclusive of any tax, duty or fee imposed by any
government or other authority and are subject to the addition of tax, duty, fee
or charges at the appropriate rate. If any sum payable under this Agreement is
not paid on the due date for payment, save where such sum has been disputed in
writing, the party in default shall pay to the other at least 1% interest rate,
plus 2% late payment fee. Such interest and penalty shall accrue on a daily
basis provided that this right shall not prejudice any other right or remedy in
respect of any such sum.


18.WARRANTIES AND INDEMNITIES BY THE CUSTOMER

The Customer (on behalf of itself, the consignor and the consignee) warrants to
the Company that:

a. it will provide all documents, information and assistance required by the
Company to comply with the requirements of the Government Authorities in an
accurate and timely fashion as required by those Government Authorities;
b. it will retain all documents or records in the manner required by the
Government Authorities;
c. it will observe all provisions of any Government Authority;
d. it will keep all and any information provided by the Company or any person
acting on its behalf condential save as where, the Company grants its permission
to the customer to disclose such information or where, the disclosure of such
information is required by law;
e. it has complied with all laws and regulations of any Government Authority
relating to the nature, condition, packaging, handling, storage and carriage of
the Goods;
f. the Goods are packed to withstand ordinary risks of handling storage and
carriage, having regard to their nature;
g. the Goods are not Dangerous;
h. the Goods will not damage or cause loss to the Shipping Containers, other
goods, or other equipment; i) the Goods and their carriage do not contravene any
Laws;
i. the Customer is the legal owner of the Goods or legally entitled to authorise
their carriage;
j. if the Customer acts for or on behalf of another party, that: i. No claim
will be made against the Company by any third party; and
ii. In the event that a claim is made against the company by an entity other
than the customer that these Trading Conditions are enforceable against that
party
II. The Customer acknowledges that a breach or failure to observe all or any of
the warranties in subclause 18(I) could lead to penalties or damages to the
Customer and also to the Company and the Customer agrees to provide the
indemnity to the Company on account of such penalties or damages pursuant to
clause 19


19. AS FOLLOWS

I. Without limiting the effect of these Trading Conditions, the Customer agrees
to indemnify and keep indemnied the Company for:
a) Amounts of Customs Duty, GST and other payments made to Government
Authorities by the Company on behalf of the Customer;
b) Any penalties payable by the Company (pursuant to a Court order or pursuant
to an Infringement Notice) due to the Customer:
i. providing information that is incorrect or misleading;
ii. omitting to provide material information required to the Government
Authorities;
iii. providing information in a manner which does not enable the Company to
comply with the requirements of the Government Authorities for reporting in
prescribed periods; and
iv. failing to provide information or documentation requested by the Company;
c) Penalties associated with the failure by the Customer to maintain or provide
its documents or records in the manner and at the time contemplated by the
Government Authorities;
d) Penalties associated with providing misleading or deceptive information
regarding the status of Goods;
e) All costs and liabilities, including charges payable by the Company for the
use of Shipping Containers or transport equipment involved in Carriage as set
out in the contract between the Company and the owner, lessee or operator of
that Shipping Container or other transport equipment;
f) All hire and other charges for the Customer’s use of Shipping Containers or
other transport equipment provided by the Company pursuant to the Company’s
contracts with the owner, lessee or operator of that Shipping Container or other
transport equipment;
g) Liabilities or costs incurred by the Company on behalf of the Customer
associated with the transport of Goods including, without limitation, amounts
payable pursuant to the Company’s contracts with other parties, for damage to or
cleaning of Shipping Containers and other transport equipment (whether
Sub-Contractors or otherwise and amounts incurred by the Company in exercising
its rights pursuant to these Trading Conditions);
h) Damages payable by the Company arising from or contributed to by errors or
misrepresentations by the Customer;
i) Losses and liabilities, including damages payable by the Company due to a
breach of any of the warranties in subclause 18(1);
j) All expenses directly or indirectly incurred arising out of or in connection
with the entry of an ocer of any Government Authority or other authorised person
on the premises of the Company for the purpose of exercising any powers pursuant
to the requirements of any Government Authority and/or inspecting, examining,
making copies of, taking extracts of documents on the premises;
k) Any Customs Duty, GST or other charge assessed against the Company in
relation to the Goods or Services;
l) Any charges levied by Government Authorities for examination and treatment of
the Goods; and m) Any Legal Fees and Administration Costs incurred by the
company.
II. The Customer agrees to pay any amounts claimed pursuant to the indemnity in
subclause 19(1) within 7 days of demand by the Company.
III. The nature of the indemnity provided pursuant to subclause 19(1) will
include, without limitation, all penalties, liabilities and damages assessed
against the Company and its ocers and employees, together with all Legal Costs
and Administration Costs incurred by the Company. The indemnity shall continue
in force and effect whether or not the Goods have been pillaged, stolen, lost,
damaged or destroyed and shall not be affected in any way if such pillaging,
stealing, loss, damage or destruction has occurred or been brought about wholly
or in part by the negligence or the alleged negligence or any default, omission,
neglect or default or any breach of duty of obligation of the Company, its
servants or agents.
IV. The Company, at its absolute discretion may elect to unpack the goods from
any Shipping Container and make any goods (in whole or in part), available for
collection by the person entitled to collect the goods in lieu of releasing the
Shipping Container to any such person. The Company may undertake such election
if it has grounds to believe Shipping Container charges may be incurred for any
reason, or in circumstances where a person has refused to sign the Company’s
equipment release agreement. The Customer will be liable for all costs and
liabilities incurred by the Company in unpacking the goods.


20. CUSTOMER’S RESPONSIBILITY

I. The Customer shall be liable for and shall indemnify the Company against all
loss, damage, delay, nes, Legal Fees and Administration Costs and/or expenses
arising from any breach of any of the Customer’s warranties in these Terms and
Conditions or from any other cause whatsoever in connection with the Goods for
which the Company is not responsible, including (but not limited to) any
penalties or losses caused by any mis-description, overloading, inadequate
packing, lashing or securing of Goods.
II. If Shipping Containers or other equipment are supplied by or on behalf of
the Company are unpacked by or for the Customer, the Customer is responsible for
returning the empty Shipping Containers or other equipment, with interiors
clean, odour free and in the same condition as received, to the point or place
designated by the Company, within the time prescribed by the Company. Should a
Shipping Container or other equipment not be returned in the condition required,
the Customer shall be liable for any loss or expense incurred as a result
thereof. In addition, the Customer is also liable for any charges set out in the
Company’s Day Rate Schedule relating to the use of the equipment as prescribed
in the Company’s Day Rate Schedule.
III. Shipping Containers, transport equipment and other equipment released into
the care of the Customer for carriage, packing, unpacking, storage or any other
purpose whatsoever are at the sole risk of the Customer until redelivered to the
Company. The Customer shall be responsible for and indemnies the Company for all
loss of and/or damage to such Shipping Containers and other equipment.


21. GENERAL LIEN AND RIGHT TO SELL CUSTOMER’S PROPERTY.

In accordance with the applicable laws, Company shall have a general and
continuing lien on any and all property of Customer coming into Company’s actual
or constructive possession or control for monies owed to Company with regard to
the shipment on which the lien is claimed, a prior shipment(s) and/or both;
Company shall provide written notice to Customer of its intent to exercise such
lien, the exact amount of monies due and owing, as well as any ongoing storage
or other charges; Customer shall notify all parties having an interest in its
shipment(s) of Company’s rights and/or the exercise of such lien. Unless, within
thirty days of receiving notice of lien, Customer posts cash or letter of credit
at sight, or, if the amount due is in dispute, an acceptable bond equal to 110%
of the value of the total amount due, in favor of Company, guaranteeing payment
of the monies owed, plus all storage charges accrued or to be accrued, Company
shall have the right to sell such shipment(s) at public or private sale or
auction and any net proceeds remaining thereafter shall be refunded to Customer.


22. HIGH SEA SALE

In case of High Sea Sale agreement between the Customer and the Buyer and in
view of the disposal of the goods on “high sea sale” basis, the buyer/Customer
shall arrange clearance of the goods from customs at their own risk and
responsibility, the entire clearing expenses viz. customs duties, clearing
charges, octroi etc. will be borne either by the buyer or Customer or both and
paid directly to the customs and / or NVGL. The buyer or Customer shall pay to
concerned authorities all custom duties, nes, penalties, port/wharfage,
demurrage/ handling/ transportation and other charges incidental to the
unloading, stacking, handling and clearance of said goods through customs and
port authorities.


23. SET OFF

All payments to be made by Customer to NVGL shall be made in full without any
set-off, restriction or condition and without any deduction or withholding for
or on account of a counter claim unless Customer is required by law to make such
deduction or withholding.


24. NO MODICATION OR AMENDMENT UNLESS WRITTEN

These terms and conditions of service may only be modied, altered or amended in
writing signed by both Customer and Company; any attempt to unilaterally modify,
alter or amend same shall be null and void.


25. FORCE MAJEURE

The Company shall be relieved of liability for any loss or damage if, and to the
extent that, such loss or damage is caused by: (a) strike, lock-out, stoppage or
restraint of labour, the consequences of which the
Company is unable to avoid by the exercise of reasonable diligence; or (b) any
cause or event which the Company is unable to avoid, and the consequences of
which the company is unable to prevent by the exercise of reasonable diligence.


26. TRADING CONDITIONS NATURE OF SERVICES

1) The Company carries on business, including that of an international and
domestic freight forwarder, transport and warehouse operator, customs broker,
and any other business ancillary to such business. All services are provided by
the Company strictly as agents only, except in the following circumstances where
the Company acts as principal:
i. where the Company performs any Carriage, handling or storage of the Goods,
but only to the extent that the Carriage is performed by the Company itself or
its servants and the Goods are in the actual custody and control of the Company,
or
ii. to the extent that the Company expressly agrees in writing to act as a
principal.
2) All Services provided by the Company are governed solely by these Trading
Conditions which, shall prevail over the Customer’s terms and conditions and any
terms and conditions contained in any transport document including any bill of
lading, waybill or consignment note except to the extent provided for in these
Trading Conditions or as provided for by any mandatorily applicable law.
3) No modication amendments or other variation of the Trading Conditions shall
be valid and binding on the Company unless made in writing and duly executed by
and on behalf of the Company. The Company is not a common carrier and will
accept no liability as such. The Company may refuse at its sole and absolute
discretion to accept any Goods for carriage without assigning any reason.


27. ACCEPTANCE OF TRADING CONDITIONS

a) Any instructions received by the Company from the Customer for the supply of
services shall constitute acknowledgement by the Customer that it has received,
understands and agrees to be bound by the Trading Conditions and will be bound
by the Trading Conditions. Such instructions received by the Company from the
Customer for the supply of services and/or any supply of goods shall also
constitute Authorisation for the Company to act on behalf of the Customer in
accordance with the Trading Conditions.
b) Any other party receiving delivery of goods or other services from the
Company, including but not limited to receivers of goods, acknowledges and
agrees to be bound by the Trading Conditions and will be bound by the Trading
Conditions from the time it has received delivery of goods or other services
from the Company. Such party shall be deemed a “Customer” for the purposes of
the Trading Conditions and shall have the same obligations as the Customer as
set out in the Trading Conditions.


28. LIMITATION OF LIABILITY, FORCE MAJEURE AND INDEMNITY FROM LIABILITY TO THIRD
PARTIES

1 Without limiting the effect of clause 18-19, to the full extent permitted by
law, the Company its servants and agents shall not be responsible for loss or
damage of any kind whatsoever or howsoever arising out of the provision of its
Services to the Customer (whether caused by negligence or wilful default by the
Company its servants, agents or any third party).The Customer further agrees to
indemnify the Company in respect of any claims made by any party, including but
not limited to any sub-contractor or third party concerning the provision of
Services by the Company. The following matters are expressly covered by this
limitation of liability and indemnity:
I. any liability to pay amounts to Government Authorities (including, without
limitation, Customs Duty or GST) that would not have otherwise been payable
including any penalties (including penalties imposed directly on the Company,
its servants or agents as a result of their reliance on incorrect information
provided by the Customer, consignor or consignee of the Goods, or their
respective agents whether imposedby Court or Infringement Notice);
II. any liability concerning the making of any statement, forecast, information
or giving advice in relation to the liability of the Customer to pay any amounts
owing to any Government Authorities;
III. any liability in respect of the loss, misdelivery, deterioration,
non-delivery, contamination, evaporation or damage to the Goods or consequential
loss arising therefrom however caused;
IV. any loss or depreciation of market value attributable to delay in forwarding
the Goods or failure to carry out instructions of the Customer;
V. loss, damage, expense or additional cost arising from or in any way connected
with marks or brands on, weight, numbers, content, quality, description of the
Goods;
VI. loss or damage resulting from re, water, explosion or theft;
VII. loss, damage or delay occasioned by examination of the Goods by any of the
Government Authorities;
VIII. loss, damage or delay occasioned by treatment of the Goods by any of the
Government Authorities (including without limitation, any fumigation or
decontamination.
IX. any costs incurred by the Company on behalf of the Customer to any other
person in relation to the carriage of the Goods; X. loss, damage or delay
occasioned by delay in the carriage of the Goods or handling of the Goods in the
course of the carriage of the Goods; and XI. any loss, damage or any amount due
in respect of any Shipping Containers, any other transport equipment, Goods or
other equipment.
2 The Customer undertakes and warrants that neither it, nor any other party that
has an interest in the Goods or Services, shall bring any claims against any
party that has provided all or any part of the Services (including any
Sub-contractor, principal, employer, employee or agent of the Company) and where
any such claims are made by the Customer or any other interested party, the
Customer undertakes to indemnify
all parties against whom the claims are made (including the Company) against any
loss and damage that may be suffered as a result of such claims. In the event
that the Company in its absolute discretion pays a claim made by a third party
in relation to the Goods or the Service, the Customer shall indemnify the
Company on demand in full and the Company may recover all Legal Costs and
Administration Costs incurred in doing so from the Customer.
3 The Company shall not be liable in any event for any special, incidental, or
consequential damages, including, but not limited to, loss of prots, income,
utility, interest, or loss of market, whether or not the Company had knowledge
that such damage might be incurred.
4 No liability by the Company will arise to the Customer or third parties,
including those persons with an interest in the Goods, in respect of the release
by the Company of a delivery order (or the delivery of the
Goods by the Company) to any person who is entitled to that delivery order or
delivery, whether or not a duly executed original bill of lading has been
presented to the Company. The Customer agrees to indemnify and keep the Company
indemnied for all damages payable by the Company in relation to the said release
by the Company of a delivery order (or the delivery of the Goods by the
Company).
5 . Where the Company for whatever reason releases any Shipping Container or
goods to the customer where the Company has not been presented with a duly
executed and endorsed original bill of lading for those goods, the customer
agrees to indemnify and keep the Company indemnied for all and any loss or
damage whatsoever and howsoever arising that may be payable by the Company in
relation to the release of such goods. Payment by the Company upon demand from
the consignor arising out of the release shall be sucient for the Company to
recover from the Customer. Further, the Customer shall not be
entitled to any offset for any money owed to it by the consignor. If any
proceedings are commenced against the Company by a third party, the customer
will forthwith agree to take over and defend any such action on the Company’s
behalf.

6. The Company and Customer acknowledge that Goods moving by airfreight are
subject to the applicable international treaties including the Convention for
the Unication of Certain Rules relating to International Carriage by Air, signed
in Montreal in 1999 (Montreal Convention). If Goods are lost or damaged while in
the possession of the airline carrier, the airline carrier’s liability is
limited to the maximum amounts of liability applicable at any time, as set out
in the Montreal Convention with subsequent increases. However, if any mandatory
applicable laws provide for different limits of liability, those different
limits will apply. The Customer’s recovery of any loss or damage is against the
airline carrier and is limited in accordance with these or any other conventions
that may be applicable. In the event of any loss or damage suffered by the
Customer whilst the Goods are in the possession of the airline carrier, the
Company will seek to recover on behalf of the Customer from the principal
airline carrier amounts payable by these conventions as they are applicable. The
Customer will indemnify, defend and hold the Company harmless against any claims
for loss or damage to their Goods incurred whilst they were in the possession of
the airline carrier.
7 . The Company and Customer acknowledge that Goods moving by seafreight are
subject to the applicable international treaties including the International
Convention for the Unication of Certain Rules relating to Bill of Lading signed
at Brussels on August 25, 1924 (the Hague Rules), or those rules as amended by
the Protocol signed at Brussels on February 23, 1968 (the Hague Visby Rules) and
the SDR
Protocol (1979). However, if any mandatory applicable laws provide compulsorily
for different limits of liability, those different limits will apply. The
Customer’s recovery of any loss or damage is against the seafreight carrier and
is limited in accordance with these or any other conventions that may be
applicable. In the event of any loss or damage suffered by the Customer whilst
the Goods are in the possession of the seafreight carrier, the Company will seek
to recover on behalf of the Customer from the carrier amounts payable by these
conventions as they are applicable. The Customer will indemnify, defend and hold
the Company harmless against any claims for loss or damage to their goods
incurred whilst they were in the possession of the seafreight carrier.
8 . The Company and Customer acknowledge that Goods moving by airfreight or
seafreight may necessary VISA Global Logistics | Standard Trading Conditions |
Effective from May 2012 15 involve a part of transport undertaken by other means
in order to comply with the terms of carriage under this or any contract between
the parties. Where this is so, and no international treaty is applicable which
covers the
additional transport, the Customer’s recovery of any loss or damage is against
the carrier and is limited in accordance with the convention applicable for the
majority of the transport, even where that convention
does not envisage liability of the kind of transport concerned. In the event of
any loss or damage suffered by the Customer whilst the Goods are in the
possession of a third-party carrier, the Company will seek to recover on behalf
of the Customer from the carrier amounts payable by these conventions as they
are applicable. The Customer will indemnify, defend and hold the Company
harmless against any claims for loss or damage to their Goods incurred whilst
they were in the possession of the third-party carrier, where such carriage was
necessary in order to comply with the terms of the contract.


28. GOVERNING LAW; CONSENT TO JURISDICTION AND VENUE.

These terms and conditions of service shall be governed in accordance with the
laws of India and the courts of Delhi shall have the exclusive jurisdiction. Any
dispute, claim, or controversy shall be nally settled by arbitration at Delhi by
sole arbitrator to be appointed in accordance with Arbitration and Conciliation
Act, 1996





NVGL- Part of Visa Global Group with the presence of over 45 countries,
transforming logistics since 1982.




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Corporate Office: Unit # 951-953, 9th Floor, JMD Megapolis, Sector-48, Gurugram,
Haryana 122018

0124-2556000
info@navi-visaglobal.com


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