• WCA ID - 137924
    Thakur Logistic Private Limited
    Thakur Seaair Logistics

GENERAL TERMS

1. Applicability & Scope

These Standard Trading Conditions (“STC”) apply to all services provided by Thakur Logistics (“Company”), including:

  • Freight forwarding (import/export, FCL/LCL, unimodal/multimodal)
  • Customs clearance
  • Warehousing and handling
  • Related logistics services

These STC apply whether or not the Company issues its own House Bill of Lading (HBL) or other transport document.

“Customer” includes:

  • The party placing a booking with the Company
  • The party invoiced by the Company
  • The shipper, consignee, endorsee, holder of any transport document, or any party deriving benefit from services

In case of conflict:

  • Specific written terms prevail over these STC
  • Part II prevails over Part I

Nothing herein extends the Company’s liability beyond limits prescribed by law. If any provision is unenforceable, the remainder continues to apply.

2. Charges / Invoices / Lien

  • Quotations are best-estimate only, subject to surcharges, carrier adjustments, or third-party costs.
  • Customer is liable for all charges imposed by carriers, NVOCCs, consolidators, or subcontractors, whether listed in the quotation or not.
  • Invoices must be paid within the agreed credit period. Overdue balances attract 18% p.a. interest.
  • The Company holds a general lien over cargo and documents for all sums due, whether or not related to the same cargo.
  • In case of default, the Company may suspend services, stop cargo in transit, or sell cargo after due notice, with all costs to Customer’s account.

Condition of Cargo / Liability

  • The Company does not warrant description, quantity, or quality of cargo stuffed in containers not packed by it. All documentation is based on Customer’s declaration.
  • Responsibility begins when cargo is in the Company’s custody and ceases upon delivery/hand-over.
  • The Company is not liable for loss/damage unless caused by its proven gross negligence.
  • Liability is limited strictly to the freight earned/service charges, not cargo value.
  • Claims must be notified in writing within 72 hours of delivery. Thereafter, the Company is discharged of liability.
  • No liability exists for indirect or consequential losses (loss of profit, contracts, reputation).

4. Transit Times & Delays

  • Transit times are indicative only and not guaranteed.
  • The Company is not responsible for delays due to carriers, NVOCCs, transshipment, vessel omissions, port congestion, customs delays, sanctions, or force majeure.
  • If carriers/NVOCCs or their agents/terminals withhold cargo release due to their non-payment to principals/ports, the Company bears no liability and no costs.

5. Free Time / Container Damage

  • Customer is responsible for detention, demurrage, ground rent, or charges if cargo is not cleared within free time.
  • Customer is liable for container damage caused by poor packing, stuffing, or handling. Repair/replacement costs are recoverable.

6. Exclusion of Liability

The Company is not liable for losses due to:

  • Customer’s non-compliance with law or documentation requirements.
  • Incorrect or incomplete documents.
  • Delay in statutory/customs payments.
  • Inherent vice, poor packing, or defects in cargo.
  • Switch Bills of Lading: Company accepts no liability from switch BL instructions or disputes.
  • Insurance: Unless specifically requested and confirmed in writing, Company does not arrange insurance. Absence or insufficiency of insurance is Customer’s responsibility.
  • Carrier/NVOCC financial default: Company is not responsible if carriers/NVOCCs/agents fail to remit dues and cargo is delayed/held at any port.

7. Indemnity

The Customer indemnifies the Company against all claims, penalties, or expenses arising from:

  • Misdeclaration, misdescription, or incorrect documents.
  • Non-compliance with export/import laws.
  • Selection of carrier/NVOCC made or approved by the Customer.

8. Jurisdiction

Disputes are subject to exclusive jurisdiction of courts at Mumbai, India, though the Company may commence proceedings elsewhere at its discretion.

SPECIAL TERMS

Air Freight

Unless the Company issues its own Air Waybill, it acts only as agent for the airline; contract of carriage is directly between Customer and airline.

Ocean Freight

If the Company issues its own HBL, it is governed by these STC. In case of conflict, HBL terms prevail.

Customs Clearance

The Company acts on Customer’s instructions/documents. All penalties, fines, or delays from errors or late submissions are Customer’s sole responsibility.

Credit Terms

Credit facilities must be used within agreed limits/timelines. Default allows suspension of credit, lien over future shipments, and recovery actions with interest.

Cargo Insurance

  • The Company does not provide insurance unless specifically requested in writing and acknowledged.
  • Customer must arrange their own cargo insurance.
  • The Company is not liable for uninsured cargo losses, however arising.