TERMS AND CONDITIONS OF CARRIAGE ("Terms and Conditions")

“Crest”, “we”, “us”, “our” means Crest Global Logistics Pte Ltd., Singapore, Crest Global Logistics Pvt Ltd., India and subsidiaries and affiliates of Crest Global Logistics Pvt Ltd. and their employees, agents and independent contractors. "Shipment" means all goods or documents of whatever nature which we have accepted for carriage, that travel under one waybill and which may be carried by any means Crest chooses, including air, road, sea or any other carrier whether under our consignment note or not. “Carriage” means and includes the whole of the operation and services undertaken by us in connection with the shipment.

2. Customs, Exports and Imports

Crest may perform any of the following activities on Shipper's behalf in order to provide its services to Shipper:

• Complete any documents, amend product or service codes, and pay any duties or taxes required under applicable laws and regulations,
• Appoint any authorized clearing agent as Shipper's forwarding agent for customs and export control purposes and as Receiver solely for the purpose of designating a customs broker to perform customs clearance and entry and
•  Redirect the Shipment to Receiver's import broker or other address upon request by any person who crest believes in its reasonable opinion to be authorised.

You certify that all statements and information you provide relating to the exportation and importation of the shipment will be true and correct. You acknowledge that in the event that you make untrue or fraudulent statements about the shipment or any of its contents you risk a civil claim and/or criminal prosecution the penalties for which include forfeiture and sale of your shipment. To the extent that we may voluntarily assist you in completing the required customs and other formalities such assistance will be rendered at your sole risk. You agree to indemnify us and hold us harmless from any claims that may be brought against us arising from the information you provide to us and any costs we will incur regarding this and pay any service fee we may charge you for providing the services as described in this section.

3. Shipper's Warranties and Indemnity

Shipper shall indemnify and hold Crest harmless for any loss or damage arising out of Shipper's failure to comply with any applicable laws or regulations and for Shipper's breach of the following warranties and representations:

• all information provided by Shipper or its representatives is complete and accurate;
• the Shipment was prepared in secure premises by Shipper's employees;
• Shipper employed reliable staff to prepare the Shipment;
• Shipper protected the Shipment against unauthorised interference during preparation, storage and transportation to Crest;
• the Shipment is properly marked and addressed and packed to ensure safe transportation with ordinary care in handling;
• all applicable customs, import, export and other laws and regulations have been complied with; and
• The waybill has been signed by Shipper's authorised representative and the Terms and Conditions constitute binding and enforceable obligations of Shipper.

4. Service Restrictions

• Crest reserves the right to refuse any shipment from person, firm or company at its own discretion.
• We do not accept shipments that are prohibited by law or is in violation of any of the rules contained therein or when Crest decides that it cannot transport safely.
• Crest reserves the right to abandon carriage of any shipment at any time after acceptance when such shipment could possibly cause damage or delay to other shipments, equipments or personnel or when any such carriage is prohibited by law or is in violation of any of the rules contained herein.
• Crest reserve the right to open and inspect any shipment consigned by a customer to ensure that it is capable of carriage to the state or country of destination within the standard customs procedures and handling methods of crest. In exercising the rights, customs formalities Crest does not warrant that any particular item to be carried is capable of carriage without infringing the law of any country or state through which the item may be carried.
• Crest does not carry goods which are in our sole opinion dangerous goods including but not limited to those specified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organisation), the international maritime dangerous goods (IMDG) code, the European agreement concerning the international carriage of dangerous goods by Road (ADR) regulations or any applicable government department or other relevant organisation applicable to the transport of dangerous goods.

5. Deliveries & Undeliverable

Shipments cannot be delivered to PO boxes or postal codes. Shipments are delivered to the Receiver's address given by Shipper (which in the case of mail services shall be deemed to be the first receiving postal service) but not necessarily to the named Receiver personally. Shipments to addresses with a central receiving area will be delivered to that area. If Receiver refuses delivery or to pay for delivery, or the Shipment is deemed to be unacceptable, or it has been undervalued for customs purposes, or Receiver cannot be reasonably identified or located, Crest shall use reasonable efforts to return the Shipment to Shipper at Shipper's cost, failing which the Shipment may be released, disposed of or sold by Crest without incurring any liability whatsoever to Shipper or anyone else, with the proceeds applied against service charges and related administrative costs and the balance of the proceeds of a sale to be returned to Shipper.

6. Shipment Charges & Billing

Crest’s Shipment charges are calculated according to the higher of actual or volumetric weight and any Shipment may be re-weighed and re-measured by Crest to confirm this calculation. Shipper shall pay or reimburse Crest for all Shipment charges, storage charges, duties and taxes owed for services provided by Crest or incurred by Crest on Shipper's or Receiver's or any third party's behalf and all claims, damages, fines and expenses incurred if the Shipment is deemed unacceptable for transport as described in Section 3.

7. Crest's Liability

Crest will be responsible for the customer’s shipment only while it is within Crest’s custody and control. Crest shall not be liable for loss or damage of a shipment while re-shipping it out of Crest’s custody and control. Crest liability is in any event limited to FIVE HUNDRED RUPEES (INR 500) or its equivalent per shipment unless a higher value is declared on the Airway bill at the time of tender and an additional charge is paid for as assessed value determined by Crest For each Five Hundred Rupees (INR 500) or fraction thereof by which the insured value designated by the customer, on the Airway bill exceeds. Five Hundred Rupees (INR 500) per shipment.

Not withstanding the foregoing should the customer at the time of tender declare a higher value than Five Hundred Rupees (INR 500) on the Airway bill. Crest liability shall in any event be limited to the lower the insured / declared value or the amount of any loss or damage actually sustained by the Customer.

The actual value of a shipment shall be ascertained by reference to its replacement or reconstitution of commercial utility to the customer, not other items of consequential loss.

Not withstanding any of the foregoing the maximum insure value on any shipment accepted by crest is rupees ten thousand (INR 10,000) and in no event shall the liability of Crest exceeds that amount.

Crest shall not be liable in any event for any consequential or special or incidental damage or other indirect loss however arising including but not limited to loss of income, profit, interest, utility, future business or loss of market, even if the risk of such loss or damage was brought to Crest's attention before or after acceptance of the Shipment since special risks can be insured by Shipper. If a Shipment combines carriage by air, road or other mode of transport, it shall be presumed that any loss or damage occurred during the air period of such carriage unless proven otherwise.

8. Crest's Liability not Assumed

Crest Shall not be liable for any loss, damage, delay, misdelivery, non-delivery not caused by its own negligence or for any loss, damage, delay, misdelivery or non-delivery caused by:

1. The act, default or commission the shipper or consignee or any other party who claims an interest in the shipment.
2. The nature of the shipment or any defect, characteristic or inherent vice thereof.
3. Violation by the shipper or consignee of any terms or conditions stated herein including but not emitted to improper or insufficient packing securing, marking or addressing, misdescribing the contents of any shipment or failure to observe any of these rules relating to the shipment not acceptable for transportation whether such rules are now or hereafter promulgated by Crest.
4. Acts or omissions of any postal service forwarder or any other entity to whom a shipment is tendered by Crest for transportation, regardless of whether the shipper requested or had knowledge of such third party delivery requirement.
5. Electrical or magnetic injury, erasure, or other such damage to electronic pornographic image or recordings in any form, or damage due to insects or vermin.

While Crest will endeavor to exercise its best efforts to provide expeditious delivery in accordance with regular delivery schedules. Crest will not under any circumstances be liable for delay in pickup, transportation of delivery of any shipment regardless of the causes of such delay.

9. Time Limits for Claims

All claims must be submitted in writing to Crest within thirty (30) days from the date that Crest accepted the Shipment, failing which Crest shall have no liability whatsoever.

10. Delayed Shipments

Crest will make every reasonable effort to deliver the Shipment according to Crest's regular delivery schedules, but these are not guaranteed and do not form part of the contract. Crest is not liable for any damages or loss caused by delays.

11. Circumstances beyond Crest's control

Crest is not liable for any loss or damage arising out of circumstances beyond Crest's control. These include but are not limited to:-"Act of God" - e.g. earthquake, cyclone, storm, flood, fog; "Force Majeure" - e.g. war, plane crash or embargo; any defect or characteristic related to the nature of the Shipment, even if known to Crest; riot or civil commotion; any act or omission by a person not employed or contracted by Crest e.g. Shipper, Receiver, third party, customs or other government official; industrial action; and electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings.

12. Warsaw Convention

If the Shipment is transported by air and involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention, if applicable, governs and in most cases limits Crest’s liability for loss or damage.

13. Routing

Shipper agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places.

14. Governing Law

Any dispute arising under or in any way connected with these Terms and Conditions shall be subject to the laws and the courts of India.

15. Severability

The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions.