Applicability & Scope

1. These terms ("Terms") shall be deemed to be incorporated into and form part and parcel of the contract of carriage of cargo concluded by Portify Supply Chain Services (OPC) Pvt. Ltd. ("PORTIFY"). These Terms shall apply to all movements handled by PORTIFY - import or export, international or domestic, unimodalor multimodal regardless of whether PORTIFY issues a bill of lading/transport document for the movement, or not.
2. In case of conflict between these Terms and specific terms agreed to by PORTIFY in writing for a movement, the specific terms will prevail. In case of conflict between Part I and Part II of these Terms, Part II of these Terms will prevail.
3. A reference to "Customer" in these Terms shall be deemed to be a reference to (i) the entity that placed the booking on PORTIFY and/or (ii) the entity on which PORTIFY raises its invoices; and/or (iii) any entity which derives benefit from services rendered by PORTIFY including the shipper, consignee, holder and endorsee of the transport document.
4. PORTIFY, at its option, shall be entitled to rely on the terms and conditions contained in transport documents issued by it or by the actual carrier.
5. Nothing in these Terms shall be construed to increase PORTIFY's liability beyond the maximum limit prescribed by the applicable law. Nothing in these terms shall prevent PORTIFY from limiting its liability if permitted by the applicable law.
6. In case any Term (or part of any Term) is void or unenforceable due to the operation of any law, rule, or regulation, the said Term or part there of shall be severed and the remainder of the Terms shall continue to operate and have full force and effect.

Charges/Invoices/Lien

1. Quotations provided by PORTIFY are on a “best estimate” basis and are subject to change. The Customer shall be liable to bear additional charges levied by the actual carrier and/or sub-contractor retained by PORTIFY even if such charges vary from or are not contained in the quotation.
2. The Customer shall not be entitled to deduct amounts from invoices raised by PORTIFY unless such deductions are agreed to by PORTIFY in writing.
3. Invoices raised by PORTIFY must be paid within the agreed credit period failing which PORTIFY shall be entitled to levy interest @ 24% p.a. on outstanding amounts due to it.
4. PORTIFY shall have a lien over cargo and over cargo documents in its possession for any amounts due and payable by the Customer to PORTIFY. This is irrespective of whether such amounts relate to the cargo or cargo documents in respect of which PORTIFY exercises a lien. If the Customer is not the owner of the cargo, the Customer confirms that it has disclosed these terms to the owner of the cargo and that it has the consent of the owner of the cargo to agree to a lien being created. The Customer shall be liable for costs incurred by PORTIFY in exercising its lien. PORTIFY shall not be liable for losses/expenses suffered by the Customer on account of PORTIFY exercising a lien in accordance with these Terms.
5. In addition to any other remedy available to it, in case of non-payment of any amounts by a Customer, PORTIFY shall have the option of suspending the performance of the contract (including but not limited to stoppage of cargo in transit). Consequences or costs arising out of such suspension of performance shall be to the Customer's account.

Condition of Cargo/ Liability for Loss or damage to Cargo

1. In the case of containers (FCL and LCL), other than those stuffed by PORTIFY, PORTIFY extends no representation regarding the quality quantity, or condition of the cargo stuffed. Unless otherwise specifically stated, a description of the cargo contained on any document issued by or on behalf of PORTIFY or by the actual carrier, is based on information provided by the Customer to PORTIFY and PORTIFY does not warrant the accuracy of the same.
2. PORTIFY's responsibility vis-à-vis the cargo shall commence after the cargo is received into its custody and shall cease immediately upon PORTIFY relinquishing custody of the cargo.
3. PORTIFY shall not be liable for loss or damage to the cargo unless caused by PORTIFY's proven gross negligence.
4. Claims relating to loss or damage to cargo must be notified to PORTIFY in writing within 72 hours from delivery of the cargo to the consignee, failing which PORTIFY will be deemed to have been discharged from liability relating to the cargo.
5. Unless otherwise agreed to by PORTIFY in writing or prescribed by the applicable law, PORTIFY's maximum liability for loss or damage to cargo (including for mis-delivery) for any reason whatsoever, shall be limited to freight earned /consideration payable for movement/service to be rendered. PORTIFY shall not be liable for any indirect and/or consequential losses (including but not limited to loss of business etc).

Transit Times

1. Unless specifically agreed to in writing by PORTIFY, transit times provided by PORTIFY are on a “best estimate” basis and PORTIFY does not guarantee maximum transit times. Subject to a written contract to the contrary PORTIFY shall not be liable for the consequences arising out of delay in movement of cargo for any reason.

Free Time/ Container Damage

1. If cargo is not cleared within the “free time” notified by PORTIFY / the line / the terminal, Customers shall be jointly and/or severally liable for consequences arising as a result thereof, including for detention and/or demurrage and/or ground rent which accrues of the cargo/containers.
2. If the container suffers damage due to improper loading, stowing, stuffing, and/or handling by the Customer, the Customer shall be liable, at PORTIFY's option, to pay the repair or replacement cost thereof. In such an event if the Customer has executed a bond specifying a sum as and by way of liquidated damages which shall be payable, the Customer shall be required to pay such sum.

Exclusion of Liability

1. In addition to what is set out elsewhere in these Terms, PORTIFY shall not be liable for loss or damage to the cargo and/or any consequences arising out of:
   • Failure by the shipper or Customer to comply with applicable laws, rules or regulations.
   • Failure by the shipper or Customer to provide PORTIFY, in a timely manner, with a complete set of documents required by PORTIFY for rendering the contracted service.
   • Incorrect and/or incomplete documents provided or filed by the shipper or Customer.
   • Delay in payment of any a mounts by the shipper or Customer(including statutory payments).
   • Inferior quality, improper packing, and/or inherent vice of the cargo.
2. PORTIFY shall not be responsible for consequences a rising out of its inability to perform/delay in discharging its obligations or for loss of or damage to cargo due to the occurrence of any force majeure event including fire, flood, earthquake, storm/typhoon, epidemic, strike/lockout, blockade, civil unrest/riot, war (including civil war), restraint of government, actions of statutory authorities, change in applicable laws, rules and/or regulations, congestion at ports and/or terminals, changes in schedules or routing by the actual carrier, quarantine restrictions, confiscation and/or any other Act of God or circumstance over which PORTIFY has not control. In addition to the foregoing, upon occurrence of a force majeure event PORTIFY shall have the option of (i) suspending the contract without liability; or (ii)terminating the contract with out liability (and in which case charges which have accrued till such termination shall be payable by the Customer).

Indemnity

1. The Customers jointly and / or severally agree to indemnify and keep PORTIFY indemnified from any demand, claim, loss or expenses suffered by PORTIFY due to any act or omission by the Customers and / or arising from any failure by the Customers to comply with obligations cast upon them under the applicable law, rules, regulations and / or under these Terms.

Jurisdiction

1. Unless provided for specifically elsewhere, disputes between PORTIFY and the Customer shall be subject to the exclusive jurisdiction of the courts at Mumbai. However, PORTIFY at its sole option may commence proceedings against the Customer in a jurisdiction of its choice.

Special Terms- Air Movement

1. Expect if it issues an Airway Bill (“AWB”) in its own name, PORTIFY shall be acting only as an agent of the airline / air-carrier which issues the AWB for the movement (identified in the top right-hand corner of the AWB) and the contract for air-carriage shall be between the airline / air-carrier which issued the AWB for the movement and the Customer.