These Terms & Conditions shall govern all freight quotations, rate offers, work orders, transportation contracts, purchase orders, dispatch instructions and commercial transactions entered into with Shri Govinda ("Transporter").
These Terms & Conditions are published and available on:
www.shrigovinda.co.in
and are deemed to form an integral part of every quotation, rate offer, email communication, WhatsApp communication, work order and transportation arrangement entered into with Shri Govinda.
Issuance of any of the following by the Customer shall constitute unconditional acceptance of these Terms & Conditions:
Such acceptance shall be valid whether or not a separate written agreement has been executed or signed.
Failure to object in writing prior to commencement of work shall be deemed acceptance of these Terms & Conditions.
Freight rates quoted by Shri Govinda are based upon prevailing market conditions, diesel prices, toll charges and statutory costs on the date of quotation.
Any substantial increase in diesel prices, toll charges, statutory levies, taxes or transportation-related costs shall entitle Shri Govinda to seek revision of freight rates through mutual discussion.
Transportation services are provided as Goods Transport Agency (GTA) services.
GST liability, wherever covered under Reverse Charge Mechanism (RCM), shall be discharged by the Customer/Recipient as per applicable GST laws.
Shri Govinda shall not be liable for any interest, penalty, late fee or tax demand arising from failure of the Customer to comply with RCM obligations.
Vehicle deployment shall be on a best-effort basis and subject to:
No fixed vehicle commitment shall be deemed unless expressly agreed in writing.
Shri Govinda shall not be liable for penalties, losses or damages arising due to:
or any circumstances beyond reasonable control.
Coal is lifted from SECL mines based on physical inspection and visual assessment only.
Fixed Carbon (FC), Ash, Moisture, GCV and other quality parameters cannot be scientifically determined by the Transporter at the loading point.
Coal quality is subject to natural mine variation and no fixed guarantee regarding FC or any chemical parameter is provided by the Transporter.
Any quality variation attributable to mining conditions shall not be treated as transporter default.
The Transporter is neither a mining company, laboratory, testing agency nor quality certification authority.
The Transporter shall not be responsible for variations in:
Any other chemical or geological parameter
unless deliberate adulteration, tampering or contamination by the Transporter is conclusively established through documentary and physical evidence.
Any quality-related claim shall be supported by:
The Transporter shall have the right to seek re-sampling and re-testing through an independent mutually acceptable laboratory.
Unilateral quality reports shall not be binding upon Shri Govinda.
Visual appearance of coal shall not constitute any warranty or guarantee regarding:
Any Mine Grade Guarantee (MG) declared by SECL or any mining authority shall not automatically become a contractual guarantee by Shri Govinda.
The Transporter shall not be liable for delays or short lifting resulting from:
Vehicles shall be provided a free detention period of 12 hours from reporting at loading or unloading point.
Detention beyond free time shall attract the following charges:
Beyond 12 Hours to 24 Hours : ₹2,000 per vehicle
Beyond 24 Hours to 48 Hours : ₹3,500 per vehicle per day
Beyond 48 Hours : ₹5,000 per vehicle per day
Any part of a day shall be considered a full day.
Detention charges shall be payable irrespective of reason if the delay is not attributable to Shri Govinda.
The following shall constitute Customer-caused detention:
Detention charges shall apply accordingly.
No allegation of theft, contamination, diversion or tampering shall be accepted unless supported by:
No penalty shall be imposed without giving Shri Govinda an opportunity to respond.
Maximum liability of Shri Govinda for any claim shall be limited to the freight amount pertaining to the affected consignment.
Under no circumstances shall Shri Govinda be liable for:
No penalty, deduction or recovery shall be enforceable unless:
Written notice is issued.
Documentary evidence is provided.
Shri Govinda is granted reasonable opportunity to explain.
Actual loss is established.
Payment shall be released within 15 days from submission of complete invoice and supporting documents.
Undisputed amounts shall not be withheld for any reason.
Freight bills shall not be withheld due to:
Only specifically disputed amounts may be withheld.
Delayed payments shall attract interest at:
MSME statutory rate where applicable; or
18% per annum
whichever is higher.
Where Shri Govinda is registered under the MSMED Act, all transactions shall be governed by the provisions of the MSMED Act, 2006.
Delayed payments shall attract statutory interest under Section 16 of the MSMED Act.
In the event of overdue payments beyond agreed credit terms, Shri Govinda may suspend vehicle deployment without liability until all dues are cleared.
Shri Govinda shall not be liable for delays or non-performance caused by:
or any event beyond reasonable control.
Any recovery against Shri Govinda shall be limited to actual proven loss supported by documentary evidence.
Hypothetical, estimated, future or speculative losses shall not be recoverable.
This arrangement shall be governed by the laws of India including:
MSME Development Act, 2006
Companies Act, 2013
Central Goods and Services Tax Act, 2017
Motor Vehicles Act and applicable transport regulations.
Any dispute shall first be resolved through mutual discussions.
If unresolved, disputes shall be referred to arbitration under the provisions of the Arbitration and Conciliation Act, 1996.
Seat of Arbitration: Raipur, Chhattisgarh.
Courts at Raipur shall have exclusive jurisdiction over all disputes.