The terms & conditions laid down below apply to all the direct shippers availing freight forwarding services of Skyways Air Services Pvt.Ltd.-
- As per IATA guidelines it is the sole responsibility of the shipper for declaration of goods and Skyways assists the shipper in forwarding and/or undertake customs clearance activity.
- It is the responsibility of the shipper to provide to Skyways all KYC documents and the authority letter to carry out the forwarding and/or clearance of shipper’s goods.
- The shipper agrees to pay to Skyways the invoice amount including GST within approved credit days from the date of the shipment or invoice date whichever is earlier in case of export shipments and within 5 days in case imports shipments. The custom duty charges and other clearance charges shall be payable in advance in both import and export as may be applicable.
- Credit limits shall be subject to Force majeure
- The shipper agrees to sign Cash-and-Carry agreement with Skyways if his shipment is accepted by Skyways under this mode and make payment in advance, prior to tendering the shipment for execution, by means of Bank Draft or RTGS only after confirming freight and other charges from Skyways.
- The shipper doesn’t have any right to challengethe invoice of Skyways if the same is not contested in writing,within three days of the receipt of the invoice. Skyways chargesare calculated in accordance with the rate applicable to shipper’s shipment as agreed and set out in the invoice. Skyways may check the gross weight and volume weight of the number of pieces given by the shipper and if there is any discrepancy between shippers’ s declared chargeable weight, the shipper agrees that Skyways chargeable weight may be used for the purpose of calculation. It is also agreed by the shipper that all duties and taxes on goods or services and all other charges levied on the shipment at the destination shall be payable to Skyways by the consignee or his agent. It is agreed that if receiver refuses to pay at destination, the shipper shall make the full payment to Skyways within seven days of Skywaysnotifying the shipper.
- Skyways reserves the right to charge interest on all outstanding invoice at the rate of 2% per month, notwithstanding anything to the contrary in any agreement with the shipper.
- The shipper warrants that the contents of the shipment (including but not limited to weight and numbers of items) have been properly described on the Shippers letter of Instructions (SLI) and the SLI is complete in all respects and the documents required for the shipment including invoice,e-awb, permits etc. are enclosed with the SLI.
- The shipper shall ensure that the contents of the consignment and the consignee’s full address with postal code and telephone numbers have been accurately and legibly completed on an address label securely fixed at a prominent position to the outer surface of the shipment. It shall also be ensured by the shipper that the contents have been packed safely and carefully to protect them against the ordinary risks of transport or in the performance by Skyways of other services including any associated sortation and/or handling process.
- The shipper shall ensure that the consignment has been prepared in secure premises, by reliable staff employed by his reliable staff, and the consignment has been protected against unauthorized interference during preparation, storage and transportation immediately prior to hand over to us.
- The shipper shall ensure that the contents of the consignment are not prohibited items and/or not restricted by the applicable regulations and that the shipper shall supply to Skyways any dangerous goods declaration that is needed, properly and accurately in accordance with all applicable laws, rules and regulation and neither shipper nor the consignee is the person or organization with whom Skyways or shipper may not legally trade under any applicable laws or regulations.
- That all statement and information and documents provided by the shipper relating to the consignment are true and correct and shipper acknowledges that in the event that the shipper makes untrue or fraudulent statement about the consignment or any of its content, the shipper would risk a civil claim and/or criminal prosecution the penalties for which may include forfeiture and sale.
- The shipper agrees to indemnify and hold Skyways harmless from any claims that may be brought against Skyways or itsagent arising from the information provided by the shipper or omission from providing the information.
- The shipper shall make complete payment to Skyways as agreed irrespective of the non-delivery of the consignment due to non-payment of the shipper or his consignee of the applicable duty/levy.
- The shipper and the consignee shall be jointly and severally liable for the payment of all duties, taxes and charges including stamp duties as applicable on the carriage and other services as well as on all documents including the consignment.
- That the shipper will not hold Skyways responsible for any demurrage or relocation charges if shipment is held up due any unforeseen reasons at origin, transit or destination and the shipper shall be liable to payfor the freight as well as any other charges involved.
- Cargo must be insured by the Shipper/Consignee. Skyways will not be responsible for any loss/damage due mishandling. However Skyways shall support by providing the required documents for initiating insurance claim by the Shipper/Consignee. For airport to airport shipments, the conditions of carriage shall be applicable and claim shall be restricted as per the Warsaw convention and as per terms and conditions mentioned on the Airway bill.
- Skyways assumes no liability on account of damage and reserves right to receive freight payment for the services rendered including the shipment in which delay, loss or damage may occur.
- Shipper will not hold Skyways responsible for any demurrage or relocation charges if shipment is held up due any unforeseen reasons beyond Skyways control at origin, transit or destination and shipper shall be liable to pay for the freight as well as any other charges involved.
- It is also agreed that in case of any violation of rules/procedure/regulations, Shipper shall be responsible all the consequences related to such consignments or for any default or any other violation pertaining to customs /Government/any other statutory authorities’ procedures, rules and regulations including legal issues that may arise at the time of shipment or in future, contents of boxes, compliance of customs laws and guidelines and rules framed there-under pertaining to shipments and all relevant documentations that may be required.
- The courts at New Delhi shall have sole and exclusive jurisdiction for purposes of any dispute between Skyways and the Shipper. Any dispute arising between Skyways and Shipper will be subject to jurisdiction of Courts in Delhi only and not anywhere else in spite of the cause of action lying outside Delhi.
Skyways will not be liable for any loss of income, loss of profits, loss of markets, loss of reputation, loss of opportunity even if Skyways had acknowledged that such damages or loss might arise or for any indirect, incidental, special, or consequential damages or loss howsoever arising including without limitation breach of contract, negligence, wilful act of default
Skyways is not liable if it does not fulfil any obligations towards shipper at all as a result of circumstances beyond its control such as (but not limited to):
- Acts of god including earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost or other natural calamities or disaster.
- Force majeure including but not limited to (war, accidents, acts of public enemies, strikes, embargoes, perils of air, local disputes or civil commotions,
- National or local disruptions in air or ground, transportation networks and mechanical problems to modes of transport or machinery
- Latent defects or inherent vice in the contents of the shipment
- Criminal acts of the third parties such as theft and arson
- Customs clearance stoppage of work or systems delay and failure
- By shipper’s acts or omissions or those of third party:
- Shipper being in breach of (or any other party claiming an interest in the shipment causing shipper to breach) shipper’s obligations under these terms and conditions and in particular those warranties set out in conditions above
- An act or omission of any customs, airline, airport or government official.
- The contents of the shipment consisting of any article that is a prohibited item or any other discrepancy of any nature whatsoever pertaining to shipment even though Skyways may have accepted the shipment by mistake.
- Global disruptions caused due any pandemic like Covid-19 or local epidemic of India
- The above terms & conditions are binding on all the shippers with whom Skyways goes into business irrespective of any formal agreement with the concerned shipper.
- The shippers are duty bound to read these Terms & Conditions on Skyways site and is applicable on Pan India basis to all the branches of the Shipper/Consignee.