This agreement constitutes a legally binding agreement between the Seller_________________________(Name of Seller with Address), hereinafter referred to as “Seller”and BABAJI SHIVRAM 4PL SOLUTIONS PRIVATE LIMITED., hereinafter reffered to as “MYPACCO”.You are advised to read this Agreement carefully. If you are not in agreement with any of the terms and conditions, you should not use this Service and should notify the same to BABAJI SHIVRAM 4PL SOLUTIONS PRIVATE LIMITED.
This Agreement comes into effect when Seller register for use of Mypacco services or sign an application for utilizing services of Mypacco. By Registering or signing with Mypacco, Seller signifies his absolute and unconditional consent to all the provisions of this agreement in its entirety.
A. During the conduct of its business activities, the Seller is required to avail Courier/logistics services to fulfill its business from various concerns from time to time
B. For the purposes of managing and handling its Courier/Logistics requirements, the Seller is desirous of appointing specialized and suitable logistics solutions;
C. Mypacco has represented to the Customer that it has requisite suitable solutions to manage and handle
entire Courier/logistics requirements of the Customer;
D. The Seller has agreed to avail services of Mypacco on the terms and conditions contained herein;
IT IS AGREED BETWEEN THE PARTIES THAT:
Mypacco shall manage and facilitate the Courier/logistics requirements of the Customer from time to time in
accordance with the Scope of Assignment/work and on commercial terms as detailed in Exhibit A hereto.
The parties may, from time to time by mutual consent modify the terms of Exhibit A and the same shall always be read as part of this agreement.
1) Definition :
a) “ Buyer “ : Customer of Seller who is addressed and meant to receive the shipment booked by him on seller’s website (Market Place)
b) “ LSP “ : Logistic Service Provider from whom MYPACCO will hire logistics service
c) “ MYPACCO “ : Brand exclusively owned by BABAJI SHIVRAM 4PL SOLUTIONS PRIVATE LIMITED
d) “ Seller “ : shall mean any user of MYPACCO website who purchases/ hires any services of MYPACCO through its website.
e) Services : Shall mean available services on website and shall include all kinds of logistics services related to shipping/ transportation/ distribution of products and collection of COD amount.
f) Shipment : shall mean the movement of transportation of goods (Parcels/ Cargos) all documents in bulk or in one or more packages as desired by Seller.
2) Seller shall book its s consignments/parcels from Couriers/Logistics partners as per the procedure described in Exhibit A;
3) Seller agrees to pay to Mypacco such charges at such rate and on such terms as specified in the Exhibit A including any Service Tax payable by Mypacco in respect of services provided under this agreement. In the event of failure of the Seller to pay any charges/taxes/levies payable hereunder within agreed time, Mypacco shall be entitled to levy and obtain from the Seller interest on such unpaid amount @ 18% p.a.from due date till payment and shall also have the right to terminate the services prevailing to them.
4) Seller shall be liable to pay Courier Chargesin respect of the consignment/parcel including the Octroi,Entry tax, Customs, Insurance, Sales Tax and all other taxes/charges which may be levied by the Courier/Logistics service provider or any government authority in respect of the consignment/parcel. Seller shall also be liable to pay Service Tax as may be applicable in accordance with the terms agreed.
5) Any credits in Seller Account will be utilised against Service provided by MYPACCO and MYPACCO will not responsible to refund the same.
6) If any customer, send their shipment on manual by using account Code of MYPACCO then amount of freight will be debited from their account and penalty of INR 1,000/- will be impose to them.
7) Seller understands and acknowledges that Mypacco shall be providing its services of managing and handling courier requirements and only as a facilitator and Mypacco is liable to take responsibility to resolve all queries related to delivery,damage (only if the damage is mentioned on the POD), for loss (liability as per courier service provider), mis-delivery, delayed pick-up or delayed delivery of the consignments/parcels. Seller understands that the booking of the consignment shall be subject to booking terms and conditions of the individual Courier/Logistics service provider. The respective Courier shall be solely liable for any loss, damage (only if the damage is mentioned on the POD), mis-delivery or delayed delivery in respect of the consignment in accordance with its terms of carriage.
8) Seller shall be responsible for proper; tamper proof and damage proof packing of the products. Seller shall be ready with the packed order when the courier person comes to receive the shipment, all pick-ups should be logged before the cut off time as directed by the Seller support team of Mypacco, and no pick up beyond the cutoff time of the logistics partner shall be possible.
9) This service is only for single pick up location i.e. the orders will be picked by the courier companies from provided location which has been registered by the Seller.
10) At the time of booking, the Seller shall provide complete address and Telephone No. of Consignee along with correct PIN CODE.
11) Mypacco and Mypacco’s logistics partners shall not be responsible for verifying the contents of the products handed over by the Seller to it delivery Personnel. The Packaging of such products shall also be the sole responsibility of the Seller. The Packaging should be good enough to ensure no damage in transit. The sole responsibility of the contents of the packed consignment shall lie with the end Seller. Mypacco and Mypacco’s logistics partners shall be, in no way, responsible for any shortage or damage of such consignments unless the same is caused solely due to the gross negligence of the Service Provider.
12) Seller shall ensure that the consignment/parcel does not contain any item which is a prohibited, restricted or hazardous item as per the regulations of the DGCA, ICAO and IATA or by any law applicable. Please refer the list mentioned in Exhibit C.
13) The Seller shall be responsible to ensure that the consignment/parcel does not contain narcotic drugs, firearms, explosives, hazardous chemicals, liquids, gold, currency, gems, jewellery, share certificates, pornographic material, human remains and any other contraband material banned or prohibited by any law. The list of prohibited items has been described in Exhibit C. Seller shall be solely responsible if any such item is booked.
14) For the purpose of booking parcels/Non-Document consignments, the Seller shall be required to provide all necessary documents like Invoice, Delivery Challan, Order Statement, Manifest as may be sought by Mypacco or by Courier/Logistics Service provider.
15) For non-documents and parcels, the Seller shall submit a written declaration and invoice regarding the value and description and shall also provide all necessary documents required by concerned authorities for octroi clearances and Mypacco or the service provider shall not be liable if false, incorrect or inadequate details/documents are provided by Seller.
16) Return to origin (RTO) charges will be applicable if the delivery of the consignment/parcel is returned.
17) Products which are not accepted by the Customer for any reason whatsoever will be returned to the Seller at the location(s) as specified by the Seller.
18) Notwithstanding anything contained hereinabove, in the event of loss of or complete damage to the consignment, Mypacco shall be liable to the Seller to pay an amount of as per logistics liability clause of per consignment or the amount of invoice raised by him, whichever is lower.
RTO (return to origin) charges would be same as the agreed shipping rates. Returns will be initiated by the logistics partners for all products which are not accepted by the Seller for any reason whatsoever.
20) In case of non-acceptance of the RTO shipment by the Seller, BABAJI SHIVRAM 4PL SOLUTIONS PRIVATE LIMITED reserves the right to levy suitable demurrage charges for extended storage of such products for any period exceeding 7 (seven) days from initiation of the Returns and up to 45 (Forty Five) days from such date. In case of non-acceptance of the Products beyond 45 (forty five) days, BFRS has the right to dispose such products and the Seller will forfeit all claims in this regard towards Mypacco. Please refer to list mentioned in Exhibit B in cases where RTO will be applicable.
21) Chargeable Weight shall be either Actual or volumetric weight whichever is higher: Chargeable Weight is basically the weight on which your courier Companies charges freight rates on your shipment. It can be equivalent to the actual weight or the volumetric weight, whichever is higher. To calculate the volumetric weight of Shipment, simply multiply the Length (cm) X height (cm) X width (cm) and divide the result by 5000 or Air and 2700 for Surface.
22) Volumetric weight will be charged on L X B X H/5000 in cms. Freight is calculated on the basis of volumetric weight or actual weight whichever is higher. Dead/Dry weight or volumetric weight whichever is higher should be taken while calculating the rates. Further details have been mentioned in Exhibit B.
23) For any claims by the merchant like wrong freight being applied, Cash on Delivery which is missing, pilferage, in transit damage- the signed copy of the manifest sheet of the pick up against which the courier company has received the shipment has to be submitted along with the claim request. Without the signed manifest the request shall not be considered valid.
24) Mypacco shall not be responsible if there is any non-pick-up, delayed pick-up, delivery, loss or damage due to any Act of God or force majeure conditions like, strike, natural calamities or any other cause whatsoever beyond the control of Mypacco or the Courier/Logistics Service Provider.
However, in the event of failure of Courier/Logistics Service Provider to pick-up the consignment/parcel, Mypacco shall assist to assign another logistics partner for pick-up and delivery through any other Courier/Logistics partner
25) This agreement may be terminated by either Party by giving 30 days written notice to the other.
26) Mypacco can discontinue the service after giving30 days notice to Seller in writing. However, in case of failure by Merchant (“CLIENT”) to pay outstanding dues of Mypacco at its discretion, may discontinue the services with immediate effect.
27) If any customer do not use their account for 3 months then it will consider dormant and amount will be waived off.
28) In the event of any termination of this Agreement, Seller shall promptly and forthwith make payments after full and final settlement of pending delivery and documentation of all the Fees accrued or due to the Service Provider.
29) UNDER NO CIRCUMSTANCES WILL MYPACCO OR MYPACCO’S SERVICE PROVIDER, DELIVERY PERSONNEL OR AND DIRECTOR, OFFICER, EMPLOYEE, AGENT OR CONTRACTOR OF SERVICE PROVIDER BE LIABLE TO THE SELLER FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY LOSSES OR DAMAGES ARISING FROM THE AGREEMENT, UNDER TORT, COMMON LAW OR UNDER PUBLIC POLICY, EVEN IF MERCHANT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS AND BE LIABLE FOR ANY LOSS OF DATA OR ANY INTERRUPTION OF ANY MERCHANT PROPERTY DUE TO ANY CAUSE.
30) THE PARTIES AGREE THAT THE FOREGOING REPRESENTS A FAIR ALLOCATION OF RISKS BETWEEN THE PARTIES AND IT IS AN ESSENTIAL ELEMENT FOR PARTIES TO ENTER INTO THIS AGREEMENT.
31) In the event either party (the Prevented Party) is prevented from performing its obligations under this Agreement by force majeure, such as earthquake, typhoon, flood, public commotion, torrential rains, heavy winds, storms or other acts of nature, fire, terrorist acts, threatened terrorists acts, explosion, acts of civil or military authority including the inability to obtain any required approvals or permits, strikes, riots, war, plagues, other epidemics, or other unforeseen events beyond the Prevented Party’s reasonable control (an Event of Force Majeure), the Prevented Party shall notify the other party without delay and within fifteen (15) days thereafter shall provide detailed information concerning such event and documents evidencing such event, explaining the reasons for its inability to execute, or for its delay in the execution of, all or part of its obligations under this Agreement.
32) If an Event of Force Majeure occurs, neither party shall be responsible for any damage, increased costs or loss which the other party may sustain by reason of such a failure or delay of performance, and such failure or delay shall not be deemed a breach of this Agreement. The Prevented Party shall take reasonable means to minimize or remove the effects of an Event of Force Majeure and, within the shortest reasonable time, attempt to resume performance of the obligations delayed or prevented by the Event of Force Majeure.
33) Any dispute or difference arising between Mypacco and the Seller as to the meaning or interpretation of a term of this agreement or as to any claim by one party against the other arising from any transaction under this agreement shall be referred for arbitration of two arbitrators with both parties appointing one arbitrator each and the arbitrators appointing a third arbitrator as Umpire. The Arbitration proceedings shall be governed by the provisions of the Arbitration and Conciliation Act, 1996. The Arbitration proceedings shall be conducted at Mumbai. The language of Arbitration shall be English. The venue of the Arbitration will be Mumbai.
34) This Agreement shall be governed by and constructed in accordance with the laws of Republic of India.