conditions-of-carriage

Conditions of Carriage

W F TRANSPORT SERVICES LLP (Brand Name: D_KART), CONDITIONS OF CARRIAGE FOR INTRA-INDIA EFFECTIVE FROM May 01, 2020.
Registered Office: 1515 2 1149 A89, Hilite Business Park, 5th Floor, Kozhikode – 673014. India LLP Identification Number: AAR-4676

Important notice

These Conditions of Carriage EXCLUDE LIABILITY on the part of W F TRANSPORT SERVICES LLP and its employees or agents (hereinafter collectively referred to as “D-KART”) for loss and damage in certain circumstances; LIMIT LIABILITY to stated amounts where liability is accepted and REQUIRE NOTICE OF CLAIMS within strict time limits. Shippers should note these Conditions carefully and where necessary obtain insurance cover in order to protect their interests. D-KART is not a common carrier and accepts documents and non-documents (hereinafter referred to as “shipments”) for carriage upon that condition and the Conditions set out below.

1. Application

1.1. These Conditions apply to the carriage of shipments from and between specified locations within the territory of India.
1.2. These Conditions represent the entire agreement between the parties and shall prevail over, exclude and supersede any other terms or conditions, oral or written, wheresoever appearing or made and, in particular, any terms or conditions sought to be incorporated by the shipper or any other written or oral statements concerning these Conditions. The shipper confirms that he does not rely upon or claim any other terms, warranties, conditions or representations relating to the use of the services.
1.3. These Conditions supersede all previous published terms and conditions of D-KART. D-KART reserves the right to unilaterally modify, amend, change or supplement these Conditions without notice. These Conditions are published in printed form and electronically at https://www.d-kart.in/conditions-of-carriage.html. These Conditions supplement and detail the key terms and conditions on the back of the Waybill. In case of conflict between these Conditions and the terms and conditions on any manifest, shipping label or other transit documentation, these Conditions shall prevail.
1.4. These Conditions shall not be overridden or varied or added to except by express agreement in writing by a representative of D- having the express written authority to do so.

2. Representations & Warranties of the Shipper

2.1 The shipper represents and warrants that:
(a) the shipper is the owner or the authorized agent of the owner of the goods entrusted to D-KART for carriage;
(b) the shipper shall be responsible for complying with all legislation applicable to the shipment, including central, state or local tax legislation, and shall furnish all documents as required under all such legislation.
(c) the information contained on the Waybill is true and correct and the shipment and each item/article in the shipment is properly described in the Waybill, invoice and other transit documents, if any, and conforms accurately to the actual contents of the shipment and does not contravene the provisions of the Indian Post Office Act, 1898 or any other law for the time being in force;
(d) the shipment does not contain any items the carriage of which is restricted or prohibited hereunder;
(e) the shipment is properly marked, addressed and packed to ensure safe handling;
(f) if required, the shipper shall furnish such information and such documents to D-KART as are necessary to meet the formalities under the respective local laws of the States through which the goods are likely to pass en route to destination. D-KART shall be under no obligation to enquire into the correctness or sufficiency of such information or documents.
2.2. By tendering the goods for carriage to D-KART, the shipper is deemed to have accepted these Conditions for himself/itself and/or as an agent for and on behalf of any person having any interest in the shipment.
2.3. The shipper agrees to pay the freight charges, service tax and other surcharges payable on the shipper.

3. Routing and Delivery

3.1. D-KART delivers to the recipient at the address indicated on the Waybill, or to someone other than the person or entity named on the Waybill having apparent authority to accept the shipment in the name and on behalf of the recipient. There is no obligation to deliver a shipment to the recipient personally and D-KART may deliver to someone other than the person named in the Waybill or to a person who produces a copy of the Waybill.
3.2. D-KART reserves the right to route a shipment in any way it deems appropriate, using multi-modal transportation according to its own handling, storage and movement methods and plans and by use of its business associates, co-loaders, co-couriers, franchisees or other Agents.
3.3. Sunday/holiday pick-up or delivery, if available, will be subject to a special handling fee.
3.4. D-KART reserves the right to refuse, hold, cancel, postpone or return any shipment at any time if such shipment would in the opinion of D-KART be likely to cause damage or delay to other shipments, goods or persons, or the carriage of which is prohibited by law or is in violation of any of these Conditions. The fact that D-KART accepts a shipment does not mean that such shipment conforms to applicable laws and regulations or to the present Conditions.

4. Waybill

4.1. D-KART issues a non-negotiable Waybill duly acknowledging the receipt of the shipment from its shipper. The shipper acknowledges that the Waybill has been completed by the shipper or by D-KART on behalf of the shipper. The shipper shall ensure that the Waybill provided by D-KART is signed by a person authorized to sign it on behalf of the shipper and the shipper will be bound by the signature of such person on the Waybill. The Waybill shall be prima facie evidence of the conclusion of the contract, of the acceptance of the goods and of these conditions of carriage.
4.2. The shipper shall be responsible for the correctness of the particulars and statements relating to the goods inserted by the shipper or on its behalf in the Waybill.
4.3. The Waybill shall be prima facie evidence of the weight or measure and other particulars of the goods and the number of packages stated therein. However; particulars relating to the quantity, volume and condition of the goods shall not constitute evidence against D-KART except so far as they have been and are stated in the Waybill to have been checked by D-KART in the presence of the shipper.

5. Duties & Taxes

5.1. The freight charges are only for the carriage of the shipment from origin to destination and are exclusive of any levies, duties and taxes that may be applicable to the shipment, from time to time, either at origin, en route or destination. Such levies, duties and taxes shall be payable by the recipient at the time of delivery of the shipment. Estimates of the applicable duties and taxes shall not be provided by D-KART.
5.2. D-KART may, at its sole discretion, elect to advance any duties and taxes payable in respect of any shipment against levy of a fee or charge therefor.
5.3. Regardless of any payment instructions or provisions to the contrary, the shipper shall always remain ultimately liable for payment of all costs, charges and expenses (which shall without limitation include octroi, state and local taxes and imposts) related to the shipment and for costs incurred either in returning the shipment to the shipper or warehousing the shipment pending such return.

5. Duties & Taxes

5.1. The freight charges are only for the carriage of the shipment from origin to destination and are exclusive of any levies, duties and taxes that may be applicable to the shipment, from time to time, either at origin, en route or destination. Such levies, duties and taxes shall be payable by the recipient at the time of delivery of the shipment. Estimates of the applicable duties and taxes shall not be provided by D-KART.
5.2. D-KART may, at its sole discretion, elect to advance any duties and taxes payable in respect of any shipment against levy of a fee or charge therefor.
5.3. Regardless of any payment instructions or provisions to the contrary, the shipper shall always remain ultimately liable for payment of all costs, charges and expenses (which shall without limitation include octroi, state and local taxes and imposts) related to the shipment and for costs incurred either in returning the shipment to the shipper or warehousing the shipment pending such return.

6. Surcharges

D-KART reserves the right to assess fuel and other surcharges on shipments without notice. The duration and amount will be determined at D-KART's sole discretion. The shipper, by tendering shipment to D-KART, agrees to pay the surcharges in force. Details of current surcharges are available upon request.

7. Chargeable Weight

7.1. Every shipment shall be charged by its chargeable weight, as defined hereunder, and not the actual weight. The chargeable weight shall be the higher of:
(a) the actual weight rounded off to the next higher half kg or one kg as per the rate category agreed to, or
(b) the volumetric weight similarly rounded off as in (a) above.
7.2. For D-KART, Volumetric Weight = L*B*H (in cms) / 5000
7.3. D-KART shall be entitled to charge on the actual weight or volumetric weight of the shipment, as the case may be, if it is greater than the weight declared by the shipper on the Waybill or other delivery document.

8. Payment

8.1. The shipper shall pay all invoices, charges, expenses or sums of whatever nature submitted by D-KART by cash or by “account payee” cheques or as otherwise agreed in favour of D-KART immediately when due without reduction or deferment on account of any claim, counterclaim or set-off.
8.2. D-KART must be notified in writing of any queries relating to the invoices within 7 days of receipt of the invoice, failing which the invoice shall be deemed to have been accepted as correct and D-KART will have no liability whatsoever.
8.3. The proof of delivery or other alternate documentation evidencing delivery of the shipment will be furnished provided a request in that behalf is made within 90 days of booking of the shipment but under no circumstances will be a pre-condition for payment of our bills.
8.4 Interest at the rate of 18% per annum shall be payable on all overdue invoices.
8.5 D-KART shall be entitled to withhold services if the invoices are not paid with accrued interest within 30 days of receipt of a notice in that behalf. After settlement of the outstanding dues, D-KART may, at its sole discretion, decide to resume services to the shipper.
8.6. Payment for Collect on Delivery Shipments:
(a) D-KART may agree to collect the invoice value for a shipment from a recipient at the request of the shipper and remit said invoice value to the shipper on a Collect on Delivery (COD) basis. The shipper agrees that it shall not withhold, deduct or adjust the payments due to D-KART under an invoice raised by D-KART for the carriage of any shipment under these Conditions due to delay or failure or any other issue with respect to remittance of any COD amount by D-KART.
(b) D-KART shall be entitled to withhold any COD amount if any invoice is not paid by the shipper in accordance with these Conditions, until such dues are paid and without prejudice to D-KART’s other legal remedies to recover its costs. D-KART shall be entitled, after giving seven (7) days’ notice to the shipper, to deduct/adjust the withheld COD amount from the outstanding dues payable by the shipper to D-KART. Upon accounting to the shipper for any balance remaining after payment of any sums due to D-KART, D-KART shall be discharged of any liability whatsoever in respect of the shipment and the COD service. After settlement of the outstanding dues, D-KART may, at its sole discretion, decide to resume services to the shipper.
(c) The shipper agrees to indemnify D-KART in respect of any claim for any taxes, duties, penalties or interest, or similar, imposed by any state, local or central authority arising out of the collection of any COD amount.
8.7 Freight to Collect
(a) “Freight to Collect” means the freight charges, goods and services tax and other surcharges payable by the shipper will be collected from the recipient at the time of delivery at the request of the shipper. Payment may be made by the recipient in cash. To bill charges to the recipient, the shipper must have a valid D-KART Account Number and this number must be entered in the appropriate section of the Waybill.
(b) In the event that D-KART is unable to collect the payment from the recipient, for any reason whatsoever, including if the recipient refuses to pay the entire or part of the amount payable or if the payment instrument is dishonored/rejected, the shipper shall always remain ultimately liable for making any and all pending payments, including freight, duties, taxes and surcharges, notwithstanding any payment instructions or provisions to the contrary. Pursuant to the foregoing, D-KART shall be entitled to bill such unpaid amounts to the shipper and the same shall be payable by the shipper within 15 days from the date of such invoice.
(c) For Freight to Collect transactions, D-KART may audit each Waybill to verify the information provided (including but not limited to weight, dimension, declared value, nature of goods). D-KART shall be entitled to make appropriate corrections to the Waybill and appropriate adjustments to the charges payable by the recipient, on behalf of the shipper, without notice, as D-KART may determine in its sole discretion. D-KART reserves the right to charge a special handling fee for having to make such corrections and amendments.
(d) D-KART Account Numbers are non-transferable. Misuse, including unauthorized consolidation of shipments owned by different parties, may result in a loss of all discounts and denial of service. The customer to whom a D-KART Account is issued is liable for all charges to the account, including those resulting from unauthorized use. The account holder is responsible for the safekeeping of the account number. The D-KART account number should be disclosed only to persons authorized to ship on the account. Failure to keep the D-KART account current, may result in the account being placed on a "cash only" status. Placement of an account on "cash only" status may result in packages being delayed, rejected or returned until arrangements for payment are completed.
(e) Freight to Collect shipments are acceptable for carriage to specified locations only and subject to limits on the maximum amount that may be collected per Waybill. Details are available upon request. D-KART reserves the right to refuse, hold, cancel, postpone or return any shipment at any time if such shipment, in the opinion of D-KART, does not conform to the present Conditions.

9. Labeling & Packing

9.1. Each package within a shipment must be legibly and durably marked with the full name and complete postal address with the PIN Code and telephone number of both the shipper and the recipient. D-KART shall not be liable for non-delivery on account of incomplete or erroneous address being furnished by the shipper.
9.2. It is the shipper's obligation to ensure that all shipments entrusted to D-KART for carriage are prepared and packed adequately to ensure safe carriage with normal care in handling. Any article susceptible to damage as a result of any condition which may be encountered during handling or transportation by air, railway or road must be adequately protected by the shipper by proper packaging and D-KART shall not be liable for any damage or shortages occurring as a result of improper packing.

10. Inspection of Shipments

10.1. D-KART may, at its option, or upon the request of the competent authorities, open and inspect any shipment at any time, and shall incur no liability of any kind therefor.
10.2. In accordance with applicable regulations, X-ray screening of shipments may be undertaken and the shipper and the recipient hereby waive any possible claims against D-KART for damages as a result thereof.
10.3. D-KART shall not be liable in any circumstances for any claim, which relates to seizure or detention of goods in the course of transit by revenue, law enforcement or other government authorities.

11. Undelivered or Unclaimed Shipments

11.1. A shipment shall be considered to be undeliverable if (i) the recipient's address is incomplete, illegible, incorrect or cannot be located, (ii) the recipient fails or refuses to accept delivery or sign or pay for delivery of any shipment (iii) the shipment would likely cause damage or delay to other shipments or goods, or injury to persons, (iv) the shipment contains prohibited items, (v) the shipment's contents or packaging are damaged to the extent that re-wrapping is not possible, (vi) the shipment is detained or otherwise unable to clear local or State boundaries, (vii) if a recipient of a Collect on Delivery (COD) shipment fails or refuses on such delivery to pay the COD amount.
11.2. In case a shipment remains undeliverable or unclaimed, D-KART shall serve a notice by registered mail upon the recipient or upon the shipper, if the recipient is not available, requiring him to remove the goods within a period of fifteen (15) days from the date of receipt of the notice and in case of failure to comply with the notice, D-KART shall have the right to sell such shipment without any further notice to the recipient or the shipper, as the case may be without incurring any liability whatsoever to the shipper or recipient or anyone else. D-KART shall, out of the sale proceeds so received, be entitled to retain a sum equal to the freight, storage and other charges due including expenses incurred for the sale and the surplus, if any, from such sale proceeds shall be returned to the recipient or shipper, as the case may be.
11.3. In case a shipment remains undeliverable or unclaimed in accordance with Conditions 11.1.(vii) above, D-KART shall not deliver the shipment to the recipient and shall return the shipment to the shipper at the location where the shipment was first picked up. In this event, the shipper will be liable to make all payments for carriage of the shipment and its return.

12. Liabilities not assumed

12.1. D-KART will not be liable in any event for consequential or indirect losses or damages, including but not limited to loss of income or profits etc.
12.2. D-KART shall not be liable for damages sustained in the event of destruction or loss of or damage to any shipment arising from causes beyond its reasonable control including but not limited to :- (a) an Act of God; (b) any consequences of war, armed conflict, invasion, act of foreign enemy, hostilities (whether war or not), civil war, riot, rebellion, insurrection, military or usurped power or confiscation, acts of terrorism, requisition or destruction of or damage to property by or under the order of any government or public or local authority, strike, lock-out, general or partial stoppage or restraint of labour from whatever cause; (c) seizure or forfeiture under legal process; (d) error, act, default, omission, mis-statement or mis-representation by the shipper, recipient or other owner of the goods or by servants or agents of either of them; (e) the violation of any of the terms and conditions contained on the Waybill or these Conditions, tariff or other terms and conditions applicable to the shipment including, but not limited to the incorrect declaration of the goods, improper or insufficient securing, marking or addressing of the shipment, defective packing by a person other than D-KART; (f) the loss of or damage to articles packed and sealed in packages by the shipper, provided that the seal is unbroken at the time of delivery and the Package retains its basic integrity; (g) the erasure of data from or the loss or irretrievability of data stored on magnetic tapes, files or other storage media, or erasure or damage of photographic images or soundtracks from exposed film; (h) D-KART’s failure to honour "package orientation" graphics (e.g., "UP" arrows, "THIS END UP" markings); (i) D-KART's failure or inability to attempt to contact the shipper or recipient concerning incomplete or inaccurate address, incorrect or incomplete documentation or non-payment of duties and taxes necessary to release a shipment; (j) loss of or damage to any Package for which D-KART has no record of receipt; (k) the act, default or omission of any public authority carried out in connection with the entry, exit or transit of the goods; (l) accidents to vehicles and other conveyances carrying the shipments; (m) flight delays; (n) refusal by recipient to accept the shipment or to give proper acknowledgment of receipt thereof; (o) inherent defect, quality or vice of the goods.

13. Declared Value & Limits of Liability

13.1. The liability of D-KART for any loss or damage to any shipment shall be the lowest of: (a) INR1,000/- in case of documents and INR 5,000/- in case of non-documents, or (b) The amount of loss or damage to the shipment actually sustained or (c) The actual value of the shipment as determined, without regard to the commercial utility or special value to the shipper.
13.2. The Declared Value for Carriage cannot exceed the invoice value.
13.3. The maximum Declared Value for Carriage and invoice value is limited as INR 5000/- per shipment. Goods with a value (actual or declared) exceeding the amounts should not be sent.
13.4. Any declaration of a value in excess of the maximums allowed by D-KART is null and void. D-KART’s inadvertent acceptance for carriage of any shipment bearing a declared value in excess of the allowed maximums does not constitute a waiver of any provision of or limits as to such shipment.
13.5. If the Declared Value for Carriage or Invoice Value for a shipment exceeds the authorized limits, such value shall automatically be reduced to the authorized limits for such shipment.
13.6. The actual value of a shipment (which term shall include any item of commercial value which is carried hereunder) shall be ascertained by reference to the cost by repair or replacement/resale or fair market value not exceeding the original cost of the article actually paid by the shipper, always within the overall limit of INR 1,000/- in case of documents and INR 5,000/- in case of non-documents.

14. Insurance

14.1. D-KART does not provide insurance cover and the shipper may insure the shipments entrusted for carriage to D-KART at his own cost and expense.
14.2. D-KART can arrange for insurance of a shipment on behalf of the shipper for the declared value of the goods in respect of loss of or physical damage to such shipments. However, in such event, D-KART shall be responsible only for the administrative facilitation and arrangement of the insurance policy.
14.3. The said insurance cover will be obtained subject to the following terms and conditions:
15.3.1. The shipper shall pay Freight on Value to D-KART, which will include the applicable premium payable to the insurance company on the declared value and the service charges of D-KART.
14.3.2. The insurance shall not cover any indirect loss or damage, or loss or damages caused on account of any delays in delivery of shipments;
14.3.3. Any difference between the amount claimed by the shipper and the amount paid by the insurance company shall be borne by the shipper and D-KART will not be liable for payment of the said sum under any circumstances.
14.3.4. Notwithstanding anything stated hereinabove, no claim shall be entertained if the freight charges together with FOV charges are not paid by the shipper or recipient to D-KART.

15. Shipper’s Indemnities to D-KART

15.1. The shipper shall indemnify D-KART against all claims, demands, proceedings, fines, penalties, damage, costs and expenses suffered by D-KART or by any other person to whom D-KART is liable by reason of:
15.1.1. any irregularity, incorrectness or incompleteness of the particulars and statements or by the absence, insufficiency or irregularity of any information or documents furnished by the shipper or other owner of the goods or any servant or agent or either of them;
15.1.2. insufficient or improper packaging, labeling or addressing of the goods;
15.1.3. all claims and demands whatever by whomsoever made in excess of the liability of D-KART under these Conditions;
15.1.4. all losses suffered by and claims made against D-KART arising out of the carriage by D-KART of items not acceptable for carriage, including Dangerous and Prohibited Goods, whether or not declared by the shipper as such;
15.1.5. all claims made upon D-KART towards taxes, duties, penalties and interest.

16. No Warranties

Save as expressly set out herein, D-KART makes no warranties, express or implied.

17. Claims

17.1. Claims for Damage or Delay: All claims for damage or delay must be notified in writing to D-KART within seven (7) calendar days after delivery of the shipment, failing which no action for damages may be brought against D-KART. Receipt of the shipment by the recipient without written notice of damage on the delivery receipt is prima facie evidence that the shipment was delivered in good condition. As a condition for D-KART considering any claim for damage, the recipient must make the contents, original cartons and packaging available for inspection by D-KART and must be retained until the claim is concluded. D-KART reserves the right to inspect the damaged shipment on the shipper's or recipient’s premises and to retrieve it for inspection at a D-KART Branch. D-KART shall be entitled to require proof in respect of any claim that the goods were undamaged when transit commenced.
17.2. Claims for Loss: All claims for loss must be received by D-KART in writing within ninety (90) calendar days after the shipment is accepted by D-KART.
17.3. D-KART will only accept claims filed by the shipper unless the shipper provides written permission to D-KART to accept the claim of the recipient.
17.4. Where a shipper has made a claim in writing in respect of loss, damage or delay to a shipment and D-KART has requested documentation and / or information in support of such claim, such information must be provided to D-KART within 180 calendar days failing which any claim will be deemed withdrawn.
17.5. No claim for loss, damage or delay will be entertained until all invoices and charges have been paid. The amount of any such claim will not be deducted from any dues owed to D-KART.

18. Restrictions

18.1. The shipper is allowed to ship up to 999 packages on a single Waybill.
18.2. The maximum size per piece, maximum allowable weight per shipment, pick-up and delivery times, value added services, payment options and list of stations vary for each service/product and customers should contact the D-KART Branch for details.
18.3. Transit times vary for each service and depend on the origin-destination pair.

19. Items Prohibited For Carriage

19.1 The following items are prohibited for carriage:
19.1.1. Items classified as hazardous material, dangerous goods, articles prohibited or restricted by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), BCAS (Bureau of Civil Aviation Security of India) or other government or regulatory agencies, including;
1. Explosives (eg: Arms, Ammunition, Fireworks, Flares, Gunpowder, Airbag Inflators, etc.)
2. Gases (eg: Aerosol, Hairspray, Lighters, Fire Extinguisher, Pressurized Gas Cylinders, etc.)
3. Flammable Liquids (eg: Alcohol, Acetone, Cosmetics, Fuel Products, Paint, Varnish, any liquid with a flash point of 60ºC or less, etc.)
4. Flammable Solids (eg: Sodium, Potassium, Calcium, Calcium Carbide, Phosphorous, etc.)
5. Oxidisers and Organic Peroxides (eg: Oxygen Generators, Fertilizers, Weed Killers, Sodium Chloride, Ammonium Chloride, etc.)
6. Toxic and Infectious Substances (eg: Insecticides, Pesticides, Cyanides, UN2814, UN2900, etc.)
7. Radioactive Materials (or finished goods containing same) (eg: Cobalt, Caesium, Fluorine, Iridium, Thorium, Uranium, etc.)
8. Corrosive Substances (eg: Acids and Alkalis, Mercury, Lead Acid Batteries, Bleaching Agents, etc.)
9. Miscellaneous Substances (eg: Magnetized Materials, Dry Ice, Environmentally hazardous substances, Asbestos, Lithium Batteries, Motor Vehicles, etc.)
Note: Certain substances may be accepted to certain destinations depending upon the service option used and subject to the agreement of D-KART. For details, contact D-KART Customer Service.
19.1.2. Items the carriage of which is prohibited by any law, statute or regulation;
19.1.3. Items requiring D-KART to obtain any special license or permit for transportation;
19.1.4. Packages that are wet, leaking or emit an odour of any kind;
19.1.5. Human Corpses; Organs or Body Parts; Cremated or disinterred human remains; Pre-natal sex determination kits;
19.1.6. Pornography and /or Obscene material;
19.1.7. Wet ice (Frozen Water);
19.1.8. Animals and Insects, Livestock, Fish;
19.1.9. Plants and Plant materials;
19.1.10. Narcotics and Psychotropic substances;
19.1.11. The following foodstuffs:
1. Foodstuffs not having the original packaging of the manufacturer;
2. Foodstuffs in liquid or semi-solid form, such as Bottled Water, Juices, Milk, Beverages, Spirits,Jams, Jelly, Sauces, Canned Food, etc;
3. Foodstuffs vulnerable to changes in temperature and moisture, such as Salt, Butter, Cheese, Chocolates, Candies, Fresh Fruits (other than mangoes), vegetables;
4. Foodstuffs requiring refrigeration, such as ice creams & frozen foods;
5. Foodstuffs having a shelf life of less than 30 days, such as fresh meat, fish, sweets made of milk, bread, cakes/pastries and other confectionery and bakery;
6. Foodstuffs that undergo a change in their volume, weight, size, shape or form;
7. Foodstuffs packed in glass containers, such as coffee powder, pickles, etc;
8. Perishable food articles and substances requiring refrigeration or other environmental control.
19.1.12. Any items as may from time to time be notified by D-KART to be restricted and/or banned and/or dangerous and/or prohibited for carriage. Such items include but are not limited to: precipitates; gold and silver ore; bullion; precious metals and stones; jewellery; semi-precious stones including commercial carbons or industrial diamonds; currency (paper or coin) of any nationality; securities (including stocks and bonds, share certificates and blank signed share transfer forms); coupons; stamps; negotiable instruments in bearer form; cashier's cheques; travellers’ cheques; money orders; passports; credit/debit/ATM cards; antiques; works of art; lottery tickets and gambling devices; contraband; fragile glassware; crockery; bone china; Indian Postal Articles; Philately Items; Alarm devices; Anti-freeze; Activated SIM cards; replicates of fire arms, knives and other replicate weapons.
19.1.13. Anything dangerous or obnoxious or which may cause inconvenience to passengers and all such goods which are prohibited for carriage under the Indian Aircraft Rules 1934.
19.1.14. Shipments to post office box addresses.
19.2. Dangerous Goods (DG) are restricted. It is shipper’s responsibility to confirm if a commodity is DG or not. Non-Hazardous Chemicals may be accepted for carriage provided they are not prohibited by BCAS (Bureau of Civil Aviation Security) and subject to the agreement of D-KART.
19.3. The contents of this Section 20 are only indicative and not exhaustive and shipments prohibited by law should not be tendered. Any items notified by the Government as restricted or prohibited under any law shall stand incorporated herein, as the case may be, as and when notified fr
om time to time. 19.4. Additional restrictions may apply depending upon destination and service and service option used and various regulatory and customs clearances may be required for certain commodities, therefore extending the transit time. D-KART reserves the right to reject Packages based upon these limitations or for reasons of security or safety. D-KART shall be entitled to charge an administrative fee for Packages rejected and for the costs of returning goods, where applicable, to the shipper.
18.5. The shipper shall be solely liable for all costs and consequences arising out of the carriage of the items mentioned in this Section 20. D-KART excludes all liability for shipments containing such items howsoever accepted (including acceptance by mistake or under notice).

20. Lien on Goods Consigned

D-KART shall have a general lien on all goods in its possession, custody or control for any monies whatsoever due from the shipper or owner of the shipment and such general lien shall extend to all freight charges, octroi duties and taxes, advances, or any other charges of any kind arising out of transit hereunder. D-KART shall be entitled to detain any shipment until such dues are paid and, without prejudice to D-KART’s other legal remedies to recover its costs, charges and expenses, shall be entitled, after giving fourteen (14) days notice to the shipper, to sell the goods by public auction, tender, private agreement or otherwise or even destroy the goods as Agent for and at the expense of the shipper and apply the proceeds in or towards the payment of such sums. Upon accounting to the shipper for any balance remaining after payment of any sums due to D-KART and any costs of retention, insurance and sale or disposal, D-KART shall be discharged of any liability whatsoever in respect of the shipment.

21. Jurisdiction of Courts

All disputes and claims shall be subject to the exclusive and irrevocable jurisdiction of courts at Kozhikode.

22. Non-Waiver

Any failure by D-KART to enforce or apply a provision of these Conditions does not constitute a waiver of that provision and does not otherwise impair D-KART’s right to enforce such provision.