Skyways is a company engaged in the business of rendering various Freight Forwarding services to our business associates, herein termed as sub-agents, whorequire the services of Skyways. Skyways agrees to provide its freight forwarding services in a professional manner to sub-agents on the terms and conditions as laid down below-
- Freight forwarding services provided by Skyways are on a non-exclusive and Principal to Principal basis.
- Freight charges shall be quoted on shipment to shipment basis and invoiced accordingly.
- GST at applicable rate shall be charged on above charges.
- All TDS certificates will be issued after each quarter of the financial year.
- Applicable ACMES charges shall be charged.
- Clearance charges for air shipments for each station to be decided on shipment to shipment basis.
- All taxes present & future additional taxes etc. thus levied by the government/local authorities etc. shall be paid by sub-agents.
- Credit limits shall be subject to Force majeure
- Sub-agent undertakes to keep confidential, and to ensure that its employees keep confidential, the details of all the transactions contemplated or executed with Skyways as well as all information relating to the business operations and affairs, unless such confidential information is or comes into the public domain, and/or the disclosure is authorised by Skyways and/or such disclosure is required by law.
- Skyways will issue security declaration to airlines on behalf of sub-agentbut sub-agentshall be fully liable for any liability so arising against the same from the airlines. Sub-agent has to ensure that shipments tendered through Skyways were received from a shipper or other person with whom sub-agent has an established relationship for at least 180 calendar days, which has an established shipping address, credit or invoice history of at least 180 calendar days OR a person originating or tendering a shipment where sub-agent has an established relationship or payment, credit or invoice history with the consignee or bill-to party of at least 180 calendar days. An established business relationship is an association between person (“persons” includes individuals and entities) that may also include a documentary history of sales contacts or activities, other documented correspondence or business records.
All shipments tendered by sub-agentthrough Skyways were accepted by sub-agentthrough a secure transport, either directly from the shipper or picked up by sub-agentor their regulated agent. It is also the liability of the sub-agentto ensure that their consignments do not contain cargo that has either originated, transferred from or transited through any points in Egypt, Yemen, Syria and Somalia.
It is the sole liability of sub-agent to ensure that cargo tendered bysub-agentthrough Skyways does not contain any of unauthorized explosives, incendiaries or other destructive substances or items which may cause any damage to the aircraft, property or humans. It is also the liability of thesub-agent to ensure that the cargo contents of the shipment are the same as that described on the manifest or air waybill.Sub-agenthas also given their consent for any search or inspection of their cargo. - Sub-agent shall fully indemnify, depend & hold Skyways harmless from and against all claims, liability, losses or damages, recoveries, proceedings, actions, Judgment costs, charges & expenses which may be made or brought or commences against the Skyways or which the Skyways may or may have to bear, pay or suffer directly or indirectly in connection with any breach of Skyways conditions by sub-agent or its agents, employees, officers, its customers etc.
- Sub-agent shall ensure that the contents of the shipment are not prohibited items and/or not restricted by the applicable regulations and that sub-agentwill supply to Skyways any dangerous goods declaration that is needed,properly and accurately in accordance with all applicable laws, rules and regulation and neither sub-agent nor the consignee is the person or organization with whom sub-agent or Skyways may not legally trade under any applicable laws or regulations.
- Sub-agents shall ensure that all statements, information and documents provided by them relating to the shipment are true and correct and sub-agent acknowledges that in the event that any untrue or fraudulent statement is made about the shipment or any of its content,sub-agentwould risk a civil claim and/or criminal prosecution, the penalties for which may include forfeiture and sale, compensation etc.
- Sub-agent agrees to indemnify and hold Skyways harmless from any claims that may be brought against Skyways or its agent arising from the information provided by sub-agent that shall be due and payable to Skyways, the charges as agreed, irrespective of the non-delivery of the shipment due to non-payment by sub-agent of the applicable duty/levy.
- 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.
- Skywaysis not liable if obligations are not fulfilled towards a sub-agent at all as a result of circumstances beyond control of Skyways 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
- Delay in shipment delivery by Carrier
- Customs clearance stoppage of work or systems delay and failure
- Change in Government Policy/rules and non-clearance by any Government department
- Global disruptions caused due any pandemic like Covid-19 or local epidemic of India
- Sub-Agent will have to abide by the policy rules, regulations & instructions of Skyways as revised/modified from time to time, with mutual consent of sub-agent in respect of all matters including security deposit etc.
- All payments by sub-agent to Skyways shall be made on 13th and 28th of every month (For February Month on the 24th) based on fortnightly CSRs. In the event of delay interest @24% per annum shall be charged.
- In case of any Debit and /or Debit note received from Airlines for shipments booked on behalf of sub-ahent or routed through sub-agent the same shall be paid by sub-agentin full to Skyways.
- All MAWBs shall be issued by Skyways only after receipt of booking instructions
- duly filed and signed and stamped or on official email by authorized personnel of sub-agent. Sub-agent will provide the name designation and specimen signature of nodal and authorized persons to Skyways.
- Sub-agent will not make any alterations, amendments, additions or deletions to any charges or in any other columns on any copy of the AWB’s once issued. Any amendment shall be done only on written request by the authorized person of sub-agent and the same shall be carried out by authorized personnel of Skyways only.
- It is also agreed that in case of any violation of rules/procedure/regulations, sub-agent 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.
- All discrepancies noticed in the CSRs/Invoices by sub-agent must be sent to Skyways within three days from the date of issue of CSRs/Invoices. The discrepancies, if any or Debit Notes will not be entertained if the same are not received by Skyways within three days from the issue of the CSRs/Invoices.
- The courts at New Delhi shall have sole and exclusive jurisdiction for purposes of any dispute between Skyways and the sub-agent. Any dispute arising between Skyways and sub-agent will be subject to jurisdiction of Courts in Delhi only and not anywhere else in spite of the cause of action lying outside Delhi.
- Sub-agent 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 sub-agent shall be liable to pay for the freight and 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.
- The above terms and conditions are binding on all the sub-agents with whom Skyways goes into businesson Pan-India basis irrespective of any formal agreement with the concerned sub-agent.
- Sub-agents are duty bound to read these Terms & Conditions on Skyways site.