Terms of Service

1. General Provisions and Acceptance of Terms

1.1 Acceptance: The issuance of a Waybill (or Air Waybill/AWB) by Gatiraja Express, and your acceptance thereof, shall be deemed as conclusive evidence of your agreement to these Terms. These Terms supersede any prior verbal or written agreements, negotiations, or understandings unless explicitly formalized in a separate corporate contract signed by an authorized officer of Gatiraja Express.

1.2 Subcontracting: We reserve the right to engage third-party carriers, franchisees, and delivery agents to fulfill our obligations. These Terms shall equally protect and apply to our employees, agents, subcontractors, and affiliated carriers.

1.3 Modification of Terms: We may amend these Terms periodically. Continued use of our services after any such changes signifies your acceptance of the updated Terms. The current version will always be available on our official website.

2. Unacceptable and Prohibited Shipments

Gatiraja Express strictly prohibits the transportation of certain items to comply with national laws, aviation security guidelines, and safety standards. A shipment is deemed unacceptable if it falls into any of the following categories:

• Hazardous Materials: Explosives, firearms, ammunition, flammable liquids/solids, radioactive materials, corrosive substances, and compressed gases.
• Illegal or Contraband Goods: Narcotics, illicit drugs, counterfeit goods, pornography, and any items prohibited by the laws of the origin, transit, or destination states.
• Valuables (Unless Specifically Declared & Insured): Bullion, loose precious stones, currency notes, bearer bonds, blank traveler's cheques, and antique artifacts of exceptional value.
• Biological and Perishable Goods: Live animals, human remains, bodily fluids, and perishable food items lacking appropriate pre-approved temperature-controlled packaging.

Right of Inspection: We, alongside regulatory authorities (Customs, Police, Aviation Security), reserve the right to open and physically inspect any shipment at any time without prior notice to the sender, should there be reasonable suspicion of prohibited contents.

3. Liability Limitations and Claims Policy (Important)

While we strive for flawless execution, logistics inherently involves risks of loss, damage, or delay due to factors sometimes beyond our control. Our liability is strictly limited as per the following schedule. By using our services, you explicitly accept these maximum claim limits.

3.1 Liability for Non-Insured Shipments

For shipments where no specific cargo insurance has been purchased or declared value surcharge paid, our liability in the event of loss, total destruction, or irreparable damage is strictly limited to the following maximums:

• For Documents: The maximum claim payable shall be limited to Rs. 500/- (Rupees Five Hundred only) per Waybill, regardless of the intrinsic or consequential value of the document.
• For Parcels and Non-Document Cargo: The maximum claim payable shall be calculated at Rs. 100/- (Rupees One Hundred only) per kilogram of the actual weight of the lost or damaged portion of the shipment.

Note: These limits apply irrespective of the actual commercial value of the goods inside the package. If your goods exceed this value, we strongly advise you to declare the value and opt for an insured shipment.

3.2 Liability for Insured Shipments

For shipments where you have explicitly declared the value, paid the applicable risk surcharge (Freight On Value - FOV), or provided a valid cargo insurance certificate at the time of booking:

• Maximum Claim: In the event of total loss or damage, the claim settlement shall be restricted to a maximum of 90% of the Declared Invoice Value of the goods.
• Prerequisites for Insured Claims: To process an insured claim, the sender MUST provide proper and valid documentation, including but not limited to:
  • Original Commercial Invoice matching the declared value.
  • The original Gatiraja Express Waybill/Consignment Note.
  • Damage Certificate or Non-Delivery Certificate (NDC) issued by the destination branch.
  • Photographic evidence of damage (if applicable) taken at the time of delivery before the delivery agent departs.

3.3 Exclusions of Liability

Gatiraja Express shall NOT be liable for:

• Consequential Loss: We are not liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of income, loss of profits, loss of market, or breach of contract, even if we were advised of the possibility of such damages.
• Inadequate Packaging: Damage resulting from insufficient, improper, or defective packaging by the sender.
• Inherent Vice: Loss or damage caused by the inherent nature, defect, or fragility of the goods themselves.

4. Force Majeure

We shall not be held liable for any loss, damage, delay, mis-delivery, or non-delivery caused by events beyond our reasonable control (Force Majeure). Such events include, but are not limited to:

• Acts of God (earthquakes, cyclones, floods, severe weather conditions).
• Acts of war, terrorism, riots, strikes, or civil unrest.
• National or state-wide lockdowns, pandemics, or government mandates.
• Actions or omissions of customs authorities, tax departments, or aviation security.
• Disruptions in national or local air and ground transportation networks.

5. Payment Terms and Lien

5.1 Tariffs and Charges: Freight charges are calculated based on either the actual physical weight or the volumetric weight of the shipment, whichever is higher. We reserve the right to re-weigh and re-measure shipments and invoice the difference if discrepancies are found.

5.2 Payment Timelines: For retail shipments, payment is due at the time of booking. For corporate accounts with credit facilities, invoices must be settled strictly within the agreed credit period. Late payments shall attract an interest charge of 18% per annum.

5.3 Right of Lien: Gatiraja Express maintains a general lien on all shipments in our possession. This means we reserve the legal right to withhold delivery, confiscate, or eventually auction the goods to recover any outstanding freight charges, customs duties, warehouse demurrage, or past-due invoices owed by the sender or the receiver.

6. Governing Law and Jurisdiction

These Terms of Service, and any disputes arising out of or related to the transportation of goods by Gatiraja Express, shall be governed by and construed in accordance with the laws of India.

Any legal action, lawsuit, or dispute resolution proceedings must be exclusively instituted in the competent courts located within the jurisdiction of our corporate headquarters (New Delhi, India), and you hereby irrevocably consent to the exclusive jurisdiction of such courts.

7. Contacting Us

If you have any questions regarding these Terms, require clarification on our liability limits, or need to initiate a formal claim process, please contact our Legal and Claims Department. Remember that all claims for loss or damage must be submitted in writing within 15 days of the date of booking.