Dokket Logistics

1. Definitions and Interpretation

  • Company/Carrier/Service Provider: Refers to DOKKET IN Logistics, its subsidiaries, affiliates, and agents.

  • Customer/Shipper/Consignor: Refers to the entity contracting the services of DOKKET IN Logistics.

  • Consignee/Recipient: Refers to the person or entity to whom the Goods are to be delivered.

  • Goods/Cargo/Consignment: Refers to the items, including any packaging and containers, subject to the services.

  • Services: Refers to the agreed-upon logistics services, which may include transportation, warehousing, freight forwarding, customs clearance, and other related activities.

  • Contract: The agreement between the Company and the Customer, comprising these Terms, the service quote, the waybill/bill of lading, and any agreed-upon supplements.

2. Scope of Services

  • Acceptance of Terms: All Services provided are subject to these Terms and Conditions.

  • Right to Refuse Service: The Company reserves the right, at its sole discretion, to refuse any Goods or service request.

  • Acting as Agent or Principal: Clarify when Dokket Logistics acts as a Principal Carrier (performing the carriage itself) versus an Agent (arranging carriage via a third-party carrier). Different liability rules apply based on this role.

  • Route and Method: The Company is entitled to determine the route, method, and procedure of transportation, handling, and storage of the Goods. The Company may use subcontractors/third-party carriers.

3. Customer Obligations and Warranties

  • Accurate Information: The Customer warrants that all information provided regarding the Goods (description, weight, dimensions, value, nature) is accurate, complete, and legally compliant.

  • Packaging and Marking: The Customer is solely responsible for ensuring the Goods are adequately packed, labeled, and marked for the intended transport and to comply with all laws.

  • Prohibited Goods: List goods that DOKKET IN Logistics will not handle (e.g., illegal substances, certain hazardous materials, live animals, fragile items not properly packaged, etc.).

  • Dangerous Goods: If handling dangerous goods, state that the Customer must provide explicit written notice and documentation in advance, complying with all regulations.

  • Documentation: The Customer must provide all necessary documentation, permits, and licenses for the transport and customs clearance of the Goods in a timely manner.

  • Indemnity: The Customer agrees to indemnify DOKKET IN Logistics against any claims, damages, costs, or expenses arising from the Customer’s breach of these warranties or obligations.

4. Pricing and Payment

  • Charges: All Service charges are based on the quote provided and are subject to adjustment if the Goods’ information is incorrect, or if additional services are required.

  • Taxes and Duties: The Customer is solely responsible for all duties, taxes, customs charges, storage fees, and levies imposed by governmental authorities.

  • Payment Terms: Specify payment due dates (e.g., net 15 days, upon invoice, in advance).

  • Late Payment: State the interest rate or penalty for late payments.

  • Lien: DOKKET IN Logistics shall have a general and continuing lien on all Goods and documents of the Customer that are in the Company’s possession, custody, or control, for all outstanding charges and payments.

5. Delivery and Undeliverable Goods

  • Time of Delivery: Delivery schedules are estimates only, and the Company is not liable for consequential loss due to delays.

  • Right of Disposal: The Company may sell or dispose of Goods that are not accepted, unclaimed, or where the Customer fails to pay charges, after providing reasonable notice.

  • Inspection: The Company and/or relevant authorities reserve the right to open and inspect any Consignment without prior notice.

6. Liability and Claims

  • Limitation of Liability: This is the most crucial section. State the maximum amount of liability DOKKET IN Logistics accepts for loss, damage, or misdelivery of Goods. This is often limited by:

    • A monetary value per unit of weight (e.g., $X per kilogram or SDR per kilogram), OR

    • The declared value of the Goods, OR

    • A fixed amount per shipment.

    • Reference applicable international conventions (e.g., CMR, Hague-Visby Rules) if applicable to international carriage.

  • Exclusions of Liability: DOKKET IN Logistics is not liable for loss, damage, or delay caused by:

    • Acts of God, natural disasters, force majeure.

    • Act or omission of the Customer or Consignee.

    • Inherent vice or nature of the Goods (e.g., spoilage, leakage).

    • War, hostilities, or public unrest.

    • Inadequate packing or marking by the Customer.

  • Exclusion of Consequential Damages: The Company is generally not liable for indirect or consequential losses (e.g., lost profits, loss of business, market loss) arising from loss, damage, or delay.

  • Claims Procedure:

    • Specify the time frame for the Customer to notify the Company of any loss or damage (e.g., within 3 days of delivery for visible damage, 7 days for concealed damage).

    • State the time limit for commencing legal action (e.g., within 9 months or 1 year of the delivery date or when delivery should have taken place).

7. Insurance

  • No Automatic Insurance: State clearly that no cargo insurance will be affected by DOKKET IN Logistics unless the Customer provides express written instructions and pays the required premium.

  • Customer Responsibility: The Customer acknowledges that it is responsible for obtaining adequate insurance for the Goods.

8. Governing Law and Jurisdiction

  • Governing Law: Specify the law of the jurisdiction that will govern the contract (e.g., “The laws of Karnataka, India,shall govern these Terms and Conditions”).

  • Jurisdiction: Specify the exclusive courts or arbitration forum where any disputes will be settled (e.g., “All disputes shall be subject to the exclusive jurisdiction of the courts of Karnataka, India.