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Conditions of Carriage

CONDITIONS OF CARRIAGE
Amazon Seller Services Private Limited
Registered office: 8th Floor, Brigade Gateway, 26/1, Dr. Rajkumar Road, Bangalore -560055
GENERAL TERMS

Amazon will make available Services (as described under an applicable Work Order) to you for delivery of your shipments to the intended recipient, as mentioned on the shipping label, within the territory of India subject to the terms and conditions as provided herein, including all terms and conditions incorporated herein by reference ("Conditions of Carriage"). These Conditions of Carriage are applicable to the carriage of shipments from and between specified locations within the territory of India. Amazon reserves the right to unilaterally modify, revise, amend, change or supplement these Conditions of Carriage without any prior notice.


In the event there is a conflict between these Conditions of Carriage and the provisions of any other document executed between the Parties, these Conditions of Carriage would prevail.

1. CONSIGNOR'S COVENANTS, REPRESENTATIONS AND WARRANTIES
  • 1.1 By tendering shipments for carriage to Amazon, the Consignor is deemed to have agreed to the Conditions of Carriage stated herein.

  • 1.2 The Consignor represents and warrants that-

    • (a) it has all the rights, power and authority necessary for (and is not subject to any restriction, penalty, agreement, commitment, laws, rule, regulation, proceedings or order which is violated by) its execution and delivery of these Conditions of Carriage and performance of its obligations under these Conditions of Carriage;

    • (b) the shipment provided to Amazon for carriage under these Conditions of Carriage does not violate or infringe any third party’s patents, copyrights, trade secrets, trademarks or other proprietary rights;

    • (c) it shall notify Amazon in a timely manner, regarding matters related to safety, security, health, environmental and hazardous material management as regards the shipment provided for performance of the Services by Amazon;

    • (d) it is the owner or the authorized agent of the owner of the shipment entrusted to Amazon for carriage; or represents any other person having interest in the shipment;

    • (e) the documents provided by the Consignor and accompanying the shipment (including shipping label, invoice and other transit documents) entrusted to Amazon are true, correct and complete in all respects and are compliant with all applicable laws. The shipment does not contain any units the carriage of which is restricted or prohibited under section 12 below;

    • (f) the shipment is properly marked, addressed and packed to ensure safe handling and is compliant with all applicable laws.

  • 1.3 If required, the Consignor shall furnish such information and such documents to Amazon as are necessary to meet the requirements under the respective local laws of the originating, destination and the states through which the shipments are likely to pass en-route to destination. Amazon shall be under no obligation to enquire into the correctness or sufficiency of such information or documents.

  • 1.4 It is the Consignor's obligation to ensure that all shipments entrusted to Amazon for carriage are prepared and packed adequately to ensure safe carriage with normal care in handling. Amazon shall not be liable for any damage or shortages occurring as a result of improper packing.

  • 1.5 The Consignor agrees that the shipping label shall be prima facie evidence of the weight or volume or measure and other particulars of the shipments and the number of units stated therein. However, particulars relating to the quantity, volume and condition of the shipments shall not constitute evidence against Amazon.

  • 1.6 The Consignor is responsible for raising or collecting from Consignee any appropriate documentation including invoices, delivery challans, way bills, stock transfer forms (e.g., Form F) or any other statutorily required documentation for reporting of both shipment of items from your location. The Consignor will be solely responsible for clearing any shipments held up at any check-posts or seized by tax authorities as a result of non-compliance of any required documentation requirements.

2. CONDITIONS OF CARRIAGE
  • 2.1 Amazon undertakes to carry the Consignor's shipment from the point of tendering to the point of delivery to consignee at the address indicated on the shipping label. There is no obligation to deliver a shipment to the consignee personally and Amazon may deliver to someone other than the person named in the shipping label on behalf of the consignee and such delivery shall be a valid discharge of Amazon's obligations under these Conditions of Carriage or an applicable Work Order. Amazon may use an electronic device to obtain proof of delivery and the Consignor agrees that it will not object to Amazon relying on a printed copy of the same as evidence merely on the grounds that the information concerned is obtained and stored in electronic form.

  • 2.2 In case the shipment has to be rerouted, redirected or returned for any reason whatsoever, the Consignor shall pay all charges levied by Amazon for such rerouting, redirection or return in accordance with the rates notified to the Consignor, as also any Taxes (as defined below) applicable thereon.

  • 2.3 Amazon reserves the right to carry the Consignor's shipments by any route using multi-modal transportation according to its own handling, storage, movement methods and plans, and by use of its business associates, co-loaders, co-couriers, franchisees or other agents.

  • 2.4 Amazon reserves the right to refuse, hold, cancel, postpone, return or destroy any shipment at any time if such shipment would, in the opinion of Amazon, be likely to cause damage or delay to other shipments, or persons, or the carriage of which is prohibited by law or is in violation of any of these Conditions of Carriage. In such scenario the title to each such disposed or destroyed shipment will transfer to the Amazon as necessary for it to dispose of or destroy the shipment. In addition, you will compensate Amazon for any damages incurred including any expenses Amazon incurs in connection with any unsuitable shipments. The fact that Amazon accepts a shipment does not mean that such shipment conforms to applicable laws and regulations or to the Conditions of Carriage.

  • 2.5 Amazon reserves the right, to open and/or inspect any shipment at any time, at its own option or upon the request of the competent authorities and shall not incur any liability thereof.

  • 2.6 Amazon shall not be liable in any circumstances for any delay, loss, damage and/or resultant claims due to seizure or detention of shipments in the course of transit by competent authorities.

3. SHIPPING LABEL AND PACKING
  • 3.1 Amazon shipping label is non-negotiable and shall be prima facie evidence of the (a) acceptance of shipments; (b) acceptance of these Conditions of Carriage; and (c) conclusion of the contract between Amazon and the Consignor.

  • 3.2 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 consignor and the recipient. Amazon shall not be liable for non-delivery on account of incomplete or erroneous address being furnished by the consignor.

  • 3.3 It is the consignor's obligation to ensure that all shipments entrusted to Amazon 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 Amazon shall not be liable for any damage or shortages occurring as a result of improper packing.

4. TAXES
  • 4.1 The freight charges are only for the carriage of the shipment from origin to destination and are exclusive of applicable national, state or local sales or use taxes or value added tax, service tax or goods and services tax, Octroi, Local Body Tax, Cess, Entry Tax, etc. or any other tax levies ("Taxes") that may be applicable to the shipment, from time to time, either at origin, en-route or destination. Such Taxes shall be payable by the consignee at the time of delivery of the shipment where specified as "consignee pay" and in the absence of the consignee being responsible, by the Consignor. Regardless of any payment instructions or provisions to the contrary, the Consignor shall always remain ultimately liable for payment of all costs, charges and expenses (which shall without limitation include Taxes not paid for by the consignee) related to the shipment. Any certificates for withholding taxes will be sent in original to Amazon promptly in compliance with the provisions of the existing laws.

  • 4.2 Amazon should raise a valid tax invoice under the applicable law(s) and regulations within 30 (thirty) days from the end of the month indicating the value of Services. Amazon may charge and the Consignor/ consignee will pay any applicable Taxes, provided that such Taxes are stated separately on the valid tax invoice that Amazon provides to the Consignor/ consignee.

  • 4.3 Where pursuant to requirement under the applicable law, the Consignor shall deduct any taxes at source from the payment of freight charges, the Consignor will promptly deposit the taxes with the Government treasury and furnish the requisite tax deduction certificate within the prescribed timelines under the applicable law for the taxes that the Consignor has withheld.

5. SURCHARGES
  • 5.1 Amazon reserves the right to assess fuel and other surcharges on shipments without notice. The duration and amount will be determined at Amazon's sole discretion. The Consignor, by tendering his shipment to Amazon, agrees to pay the surcharges in force.

6. CHARGEABLE WEIGHT
  • 6.1 Every Amazon 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 volume weight similarly rounded off as in (a) above.


  • 6.2 Volume weight (Dimensional weight) of a shipment, in kilograms, is its gross cubic volume in cubic centimeters divided by the Volumetric Divisor as mentioned in the Work Order.

  • 6.3 Amazon reserves the right to re-weigh or re-measure any shipment to confirm the calculation and chargeable weight.

7. PAYMENT
  • 7.1 The Consignor shall pay all invoices, charges, expenses or sums of whatever nature submitted by Amazon by cash or by 'account payee' cheque or as otherwise agreed in favor of Amazon immediately when due without reduction or deferment on account of any claim, counterclaim or set-off.

  • 7.2 Amazon must be notified in writing of any queries relating to the invoices within 7 (seven) days of receipt of the invoice, failing which the invoice shall be deemed to have been accepted as correct and Amazon will have no liability whatsoever.

  • 7.3 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 (ninety) days of booking of the shipment but under no circumstances will be a pre-condition for payment of Amazon's invoices.

  • 7.4 Interest at the rate of 18% per annum shall be payable on all overdue invoices.

  • 7.5 Amazon shall be entitled to withhold Services if the invoices are not paid with accrued interest within 30 (thirty) days of receipt of a notice. After settlement of the outstanding dues, Amazon may, at its sole discretion, decide to resume Services to the Consignor.

8. UNDELIVERABLE SHIPMENTS
  • 8.1 A shipment shall be considered to be undeliverable if:

    • (a) The consignee's address is incomplete, illegible, in-correct or cannot be located; or

    • (b) The consignee is not present, or fails or refuses to accept delivery or sign or pay for delivery of any shipment; or

    • (c) The shipment would likely cause damage or delay to other shipments, or injury to persons; or

    • (d) The shipment contains prohibited items as mentioned in Section 12 below; or

    • (e) The shipment's contents or packaging are damaged to the extent that re-wrapping is not possible; or

    • (f) The shipment is detained or otherwise unable to clear local or state boundaries.


  • 8.2 Amazon shall use reasonable efforts to return such shipment to the Consignor at Consignor’s cost, failing which Amazon may elect to dispose of or destroy the shipment at its sole discretion without incurring any liability whatsoever to the Consignor or anyone else. Amazon 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 Consignor, as the case may be.

9. LIMITS OF LIABILITY
  • 9.1 The liability of Amazon for any loss or damage to any shipment in relation to a Service shall not exceed the amount specified in the respective Work Order.

  • 9.2 The declared value of shipments for carriage cannot exceed the invoice value.

  • 9.3 Amazon's 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.

  • 9.4 Amazon shall not be responsible for any losses, damages and/or claims on account of delay in pickup, transportation or delivery of any shipment regardless of cause of such delays.

  • 9.5 The Consignor will indemnify Amazon for all losses, expenses, and any claims made against Amazon by the consignee or a third party, arising where Amazon does not deliver a shipment because the consignee does not pay the cash on delivery ('COD') amount in the appropriate form or refuses to accept the shipment. In such a scenario, amounts paid by Consignor for all losses, expenses and any claims made against Amazon will not be subject to service tax.

  • 9.6 Loss of Damage to Shipment.

    • (a) The Parties hereby agree and acknowledge that Amazon's liability for any loss, theft or damage to the goods/shipment (whether in contract, tort or any other legal theory to the fullest extent permitted by law) shall not exceed the limitation of liability limits as set forth in the applicable Work Order.

    • (b) If applicable, Amazon does not commit that it will obtain the required customs clearance within any specific timeframe. The Consignor is made aware of the process for obtaining the custom clearance and is being informed that the custom clearance process is purely dependent on the receipt of the requisite sanction/approval from the custom authority office which may at times delay the process in getting the required approval for clearance of the import shipment.


10. INSURANCE
  • 10.1 Amazon does not provide insurance cover and the Consignor may insure the shipments entrusted for carriage to Amazon at his own cost and expense. In the event of any loss or damage to the shipment in such a scenario, Amazon agrees to provide the Consignor a certificate of facts ("COF") upon a written request from the Consignor. The Consignor agrees and acknowledges that the COF will be issued by Amazon without admission of any claim and that Amazon shall be discharged of all liabilities, if any arising out of the shipment on acceptance of the loss/damage/shortage certified by the Consignor.

  • 10.2 Amazon can arrange for insurance of a shipment on behalf of the Consignor for the declared value of the goods in respect of loss of or physical damage to such shipments. However, in such event, Amazon shall be responsible only for the administrative facilitation and arrangement of the insurance policy. The said insurance cover will be obtained subject to the following terms and conditions:
    • 10.2.1. The Consignor shall pay Freight on Value (FOV) to Amazon, which will include the applicable premium payable to the insurance company on the declared value and the service charges of Amazon
    • 10.2.2. The insurance shall not cover any indirect loss or damage, or loss or damages caused on account of any delays in delivery of shipments;
    • 10.2.3. Any difference between the amount claimed by the Consignor and the amount paid by the insurance company shall be borne by the Consignor and Amazon will not be liable for payment of the said sum under any circumstances.
    • 10.2.4. Notwithstanding anything stated hereinabove, no claim shall be entertained if the freight charges together with FOV charges are not paid by the Consignor or recipient to Amazon.

11. NO WARRANTIES
  • Save as expressly set out herein, Amazon makes no warranties, express or implied with respect to the Services provided under the Agreement and/ or Work Order.

12. ITEMS NOT ACCEPTED FOR CARRIAGE

Amazon will not carry items/materials as under:

  • 12.1 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;
    • (a) Explosives (eg: Arms, Ammunition, Fireworks, Flares, Gunpowder, Airbag Inflators, etc.)
    • (b) Gases (eg: Aerosol, Hairspray, Lighters, Fire Extinguisher, Pressurized Gas Cylinders, etc.)
    • (c) Flammable Liquids (eg: Alcohol, Acetone, Cosmetics, Fuel Products, Paint, Varnish, any liquid with a flash point of 60ºC or less, etc.)
    • (d) Flammable Solids (eg: Sodium, Potassium, Calcium, Calcium Carbide, Phosphorous, etc.)
    • (e) Oxidisers and Organic Peroxides (eg: Oxygen Generators, Fertilizers, Weed Killers, Sodium Chloride, Ammonium Chloride, etc.)
    • (f) Toxic and Infectious Substances (eg: Insecticides, Pesticides, Cyanides, UN2814, UN2900, etc.)
    • (g) Radioactive Materials (or finished goods containing same) (eg: Cobalt, Caesium, Fluorine, Iridium, Thorium, Uranium, etc.)
    • (h) Corrosive Substances (eg: Acids and Alkalis, Mercury, Lead Acid Batteries, Bleaching Agents, etc.)
    • (i) Miscellaneous Substances (eg: Magnetized Materials, Dry Ice, Environmentally hazardous substances, Asbestos, Lithium Batteries, Motor Vehicles, etc.,)

  • 12.2. 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.

  • 12.3. Dangerous Goods (DG) are restricted. It is Consignor’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 Amazon.

  • 12.4. Any items as may from time to time be notified by Amazon 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.

  • 12.5. The contents of this Section 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 from time to time.

  • 12.6. 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. Amazon reserves the right to reject Packages based upon these limitations or for reasons of security or safety. Amazon shall be entitled to charge an administrative fee for Packages rejected and for the costs of returning goods, where applicable, to the Consignor.

  • 12.6. 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. Amazon reserves the right to reject Packages based upon these limitations or for reasons of security or safety. Amazon shall be entitled to charge an administrative fee for Packages rejected and for the costs of returning goods, where applicable, to the Consignor.

  • 12.7. The Consignor shall be solely liable for all costs and consequences arising out of the carriage of the items mentioned in this Section. Amazon excludes all liability for shipments containing such items howsoever accepted (including acceptance by mistake or under notice).

13. Claims
  • 13.1 Claims for Damage: All claims for damage or delay must be notified in writing to Amazon within
    twenty one (21) calendar days after delivery of the shipment, failing which no action for damages may be brought against Amazon. 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 Amazon considering any claim for damage, the recipient must make the contents, original cartons and packaging available for inspection by Amazon and must be retained until the claim is concluded. Amazon reserves the right to inspect the damaged shipment on the shipper's or recipient’s premises and to retrieve it for inspection at a Amazon location. Amazon shall be entitled to require proof in respect of any claim that the goods were undamaged when transit commenced.

  • 13.2 Claims for Loss: All claims for loss must be received by Amazon in writing within 21 days after the shipment is accepted by Amazon.

  • 13.3 No claim for loss, damage 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 Amazon.

14. Lien on Shipments Carried
  • Amazon shall have a general lien on all shipments in its possession, custody or control for any monies whatsoever due from the Consignor or owner of the shipment and such general lien shall extend to all freight charges and Taxes, advances, or any other charges of any kind arising out of transit hereunder. Amazon shall be entitled to detain any shipment until such dues are paid and, without prejudice to Amazon other legal remedies to recover its costs, charges and expenses, shall be entitled, after giving 14 (fourteen) days’ notice to the Consignor, to destroy the shipments as agent for and at the expense of the Consignor and apply the proceeds in or towards the payment of such sums. Upon accounting to the Consignor for any balance remaining after payment of any sums due to Amazon and any costs of retention, insurance and sale or disposal, Amazon shall be discharged of any liability whatsoever in respect of the shipment.

15. Consignor's Indemnities to Amazon
  • 15.1. The Consignor shall indemnify Amazon against all claims, demands, proceedings, fines, penalties, damage, costs and expenses suffered by Amazon or by any other person to whom Amazon 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 Consignor 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 Amazon under these Conditions;
    • 15.1.4. all losses suffered by and claims made against Amazon arising out of the carriage by Amazon of items not acceptable for carriage, including Dangerous and Prohibited Goods, whether or not declared by the Consignor as such;
    • 15.1.5. all claims made upon Amazon towards taxes, duties, penalties and interest.

16. LIABILITIES NOT ASSUMED
  • 16.1 Amazon shall not be liable for loss of or damage to any shipment arising from causes beyond its reasonable control including but not limited to:

    • (a) An Act of God; or

    • (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; or

    • (c) Seizure or forfeiture under legal process; or

    • (d) Error, act, default, omission, mis-statement or mis-representation by the Consignor, consignee or any other party claiming interest in the shipment; or

    • (e) The violation of any of the terms and conditions contained on the shipping label or these Conditions of Carriage, tariff or other terms and conditions applicable to the shipment; or

    • (f) Damage to articles packed and sealed in shipments by the Consignor, provided that the seal is unbroken at the time of delivery and the shipment retains its basic integrity; or

    • (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; or

    • (h) The act, default or omission of any public authority carried out in connection with the entry, exit or transit of the shipments; or

    • (i) Accidents to vehicles and other conveyances carrying the shipments; or

    • (j) Flight delays.


17. NON-WAIVER
  • 17.1 Any failure by Amazon to enforce or apply a provision of these Conditions of Carriage does not constitute a waiver of that provision and does not otherwise impair Amazon's right to enforce such provision.