STANDARD TERMS & CONDITIONS

Customers are encouraged to review our Terms & Conditions, which detail our role, responsibilities towards you as a customer, and the scope of our liabilities. These terms also define your obligations to maintain a mutually beneficial relationship.

Role as Freight Forwarder

a. APEXTAR SHIPPING CORPORATION (“the Company”) serves as a representative for customers (“the Customer”) to arrange transportation and customs brokerage services with third-party service providers.

b. Customers directly engage with Third-Party Service Providers, defining their rights, duties, and liabilities. The Company can enlist various services from these providers, including carriers (ocean, air, rail, road), customs brokers, freight forwarders, and storage facilities. Contracts made for customers can be provided upon request.

c. Besides service instructions, the Company provides complimentary logistics advice and information without assuming any liability. Sharing this information requires written permission from the Company.

d. The term “Customer” includes the party giving instructions, the shipper, the consignee, and the goods' owner when determining the Company's rights or liabilities.

e. These Conditions also extend to any claims against employees, agents, or contractors engaged by the Company for transport services, with the Company acting as an agent for these individuals, who may later confirm this agency.

Responsibilities as Freight Forwarder

a. The Company is dedicated to carefully selecting Third Party Service Providers and providing services (referred to as the "Services") promptly upon receipt. It will strive to accommodate specific Customer requests and instructions within the constraints of these Terms & Conditions.

b. If, during a transaction, unforeseen events or circumstances require the Company to deviate from the Customer's instructions, it reserves the right to do so without assuming additional liability.

c. In the event that the Company faces post-contract events or circumstances that hinder its ability to fully or partially deliver the Services, it will promptly notify the Customer and request further instructions.

d. If the Customer fails to provide timely instructions and the situation warrants immediate action, the Company may, at its discretion, take necessary steps to resolve the issue without additional liability. Any extra costs incurred in completing the Services will be the Customer's responsibility in such instances.

General Responsibility of the Customer

a. Customers are expected to have a good understanding of business matters, such as sales and purchase terms, insurance requirements, document retention, virus prevention in electronic communications, and the handling of high-value or sensitive items like cigarettes, alcoholic beverages, and electronics.

b. Customers are required to promptly provide clear and practical instructions to ensure that services are executed correctly and to avoid potential penalty fees, such as demurrage, detention, and fines.

c. Customers must confirm that they are either the Owner or the Owner's authorized representative, agreeing to the Terms on behalf of both parties.

d. Customers should properly pack, label, and secure all shipped goods to withstand the risks associated with the selected shipping method. The packaging materials must adhere to relevant governmental regulations in all transit jurisdictions to prevent damage during transportation.

e. Customers verify the accuracy of all information provided about the goods, including their nature, description, markings, weights, and quantities. Upon request, Customers agree to independently confirm these details, as any consequences from inaccurate declarations will be the Customer's responsibility.

f. If Customers request the collection of freight, duties, or other expenses from a consignee or third party, they are responsible for these payments if not settled promptly when due.

Dangerous or Hazardous Goods

a. The Customer agrees not to transport any goods that are dangerous, inflammable, radioactive, hazardous, or damaging without providing the Company with detailed information about the goods. The Customer also commits to labeling the goods and any packaging in accordance with relevant laws and regulations during transportation. Moreover, the Customer guarantees that the goods, packaging, and markings comply with all legislation and regulations concerning the transportation of dangerous goods. 

b. Failure to adhere to the requirements in section 4.a obligates the Customer to compensate the Company for any losses, damages, or expenses resulting from the transportation, handling, or carriage of the goods by Third-Party Service Providers appointed by the Company.

c. If the Company or the custodian believes that certain goods are or could become dangerous and pose a hazard, they reserve the right to unload, destroy, or neutralize the goods at any time or place without any liability on the Company's part.

Invoicing and Quotations

a. Quotations given are estimates only unless stated otherwise and thus are subject to fluctuation in third party charges owing to fuel, currency, security or other surcharges. Quotations or invoices stating the rates as firm, do not denote that the Company is acting as a principal. 

b. Quotations are given on the basis of immediate acceptance and are subject to withdrawal or revision at any time. Unless otherwise agreed in writing, the Company may, after acceptance of the quote, revise quotes or charges upon notice to the Customer, in the event of changes beyond the Company’s control, such as, but not limited to: variance in the shipment’s declared weight and volume from given quotes, freight rates, various carrier surcharges, foreign exchange rates, fees of regulating bodies etc. 

c. The Customer shall pay the Company in cash, or as otherwise agreed to in writing, all costs when due, immediately and without reduction or deferment on account of any claim, counterclaim or set off.

d. Monies owing to the Company that are overdue beyond thirty (30) days of the invoice date or past dates mutually agreed to in any written service agreement between the Company and Customer, are subject to interest charges at twice the amount set by the Bank of Canada, Prime Business Rate.

e. The Company shall be entitled to be paid, and retain, all brokerages, commissions, allowances and other remunerations customarily retained by or paid to freight forwarders.

Insurance Coverages

a. Rates and Services do not cover transit insurance for cargo. No insurance will be effected by the Company unless a specific written request is made in reasonable time prior to the shipment being transported. All insurance arranged by the Company on behalf of the Customer is subject to the terms & conditions of the policies, insurers and underwriters. The Company will make these terms available to the Customer at any time, upon request. If the Customer does not arrange the cargo insurance through the Company, then the Company strongly recommends that the Customer does arrange their own cargo insurance on their cargo through a third party insurance provider.

b. If the Customer makes a claim under a policy of insurance arranged on the Customers behalf by the Company, the Company will not be liable if the Customer for any reason whatsoever fails to recover a loss in whole or in part from the insurer under the policy, even though the premium charged by the insurer may differ from the Company’s charges to the Customer.

c. Should the Customer decline cargo insurance coverage whether through the Company or elsewhere, the Company has no liability for the loss of or damage to any goods during transport or storage that could have been covered by cargo insurance, whether or not the Company caused or contributed to such loss or damage as a result of its negligence, breach of these Terms and Conditions or otherwise.

Notifications of Claim for Loss or Damage

The Customer needs to inform the Company of a claim in writing (referred to as the “Notice of Claim”) within the specified time frames:

For loss and/or damage, within seven (7) days after the transit is completed.

For delivery delay or non-delivery, within thirty (30) days from the expected delivery date.

For any other situation, within forty-five (45) days from the incident that led to the claim.

Failure to submit the Notice of Claim within the stipulated period will result in the claim being considered waived and void, releasing the Company from any liability.

Notifying the Company of a claim does not serve as a claim notice for cargo insurance if the Customer has organized such insurance directly with the Company or through a third-party provider. Customers should refer to their insurance policies for possible recourse.

Customers should remember that a signed delivery receipt noting any external damages upon delivery is necessary to proceed with any claim.

Liability and Limitations 

a. The Customer is responsible for compensating the Company for any duties, taxes, fines, expenses, losses, damages, or liability exceeding the Company's agreed-upon liability outlined in these Terms & Conditions, incurred during the provision of Services covered by these Terms & Conditions.

b. The Customer will indemnify the Company against any claims arising from the provision of Services, including those of a general average nature.

c. The Company's maximum liability is capped at 2 SDR (Special Drawing Rights) per kilogram of the gross weight of the goods involved in the claim.

d. The Company shall not be liable for:

Loss or damage from any cause, event, or labor disruption beyond the Company's control, where the Company or its agents have exercised reasonable diligence.

Indirect or consequential losses, such as loss of market, profit, revenue, interest, goodwill, business interruption, work stoppage, or others.

Loss of, damage to, or indirect losses due to delay, deviation, or agreed transit time issues related to the transportation of goods.

e. The Customer will indemnify the Company, its employees, subcontractors, and agents from any liabilities exceeding the Company's liability as per these Terms & Conditions. This includes claims, costs, and demands arising from contract breaches, negligence, or duty breaches in connection with the Services.

f. The Customer is accountable for all duties, taxes, fines, expenses, losses (including physical damage), and liabilities, including storage, demurrage, port, or terminal charges. This also covers liabilities to indemnify any other party against claims from the Customer or the owner related to Services, warranty breaches, or Customer negligence.

g. These Terms & Conditions extend to claims against any employee, agent, or contractor engaged by the Company for Customer Services, whether the claims are contractual or tort-based. The total liability of the Company and these parties will not exceed the liability limits specified in these Terms & Conditions.

Detention and Lien

The Company holds a specific and general lien on all goods or related documents in its possession for any outstanding payments for services from the Customer, shipper, or consignee. Upon providing a twenty-one (21) days written notice to the Customer, the Company reserves the right to sell or dispose of these goods or documents at its discretion, with the expenses borne by the Customer. The proceeds from the sale will first clear any outstanding amounts, with the remaining balance credited to the respective party. The Company is not responsible for any decrease in value during the sale. If the sale does not cover the owed amounts, the Customer will be accountable for the remaining balance.

Jurisdiction and Law

This Agreement shall be governed by and construed in accordance with the laws of India. Any disputes arising from or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts located in New Delhi, India.