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COMMERCIAL
This Access Agreement ("Agreement") is between you and AP Agarwal Shifting Private Limited("AP Agarwal Shifting Private Limited"). You understand and accept that AP Agarwal Shifting Private Limitedmaintains the web-site (defined herein below) to provide visitors with information about AP Agarwal Shifting Private Limited, its services and products. You also accept that you are required to read the below mentioned terms, and any use of the Site constitutes your acceptance and agreement to be bound by such terms, and the changes made to this Agreement from time to time, relating to your usage of the Website as communicated and made available on AP Agarwal Shifting Private Limited's website.
The Services being provided herein relates to certain electronic services including but not limited to discounting of receivables, financing of receivables, etc. more particularly detailed herein and in Master Agreement ("Services/transactions") to which you will have electronic access depending upon your user category through AP Agarwal Shifting Private LimitedWeb site (the "Site"):
If you are AP Agarwal Shifting Private Limitedregistered client, this Agreement is in addition to, and does not nullify, any other agreement, including the Master Agreement(s) and any annexure and supplements thereto between you and AP Agarwal Shifting Private Limitedgoverning the conduct of your relationship with AP Agarwal Shifting Private Limited. The terms and conditions contained herein are in addition to and are to be read in conjunction with the terms and conditions as agreed under the Master Agreement(s) and any annexure and supplements thereto.
The terms and conditions contained herein may be amended, altered, supplemented, revoked, rescinded or replaced by AP Agarwal Shifting Private Limited, whether in full or in part, from time to time as may be notified on the Site or in such other manner as AP Agarwal Shifting Private Limitedmay deem fit.
You acknowledge that the information on this Site does not constitute an offer to sell or a solicitation of an offer to buy / sell / finance any receivables that may be referenced in the Site. If you wish to learn more about information contained on the Site, you may contact a representative of AP Agarwal Shifting Private Limited.
A Guest/ Registered Client will be deemed to accept the terms and conditions of this Agreement by using the Site.
Guests: Users in this category will be provided with limited samples of Services offered on the Site but need not register to obtain access to the Site. For purposes of this Agreement, access by a Guest to the Site is at the sole discretion of AP Agarwal Shifting Private Limited, from time to time, which may or may not permit a Guest to access the Site.
Registered Clients: This category of user will be provided with electronic access to the various Services provided by AP Agarwal Shifting Private Limitedon the Site. The clients registered with AP Agarwal Shifting Private Limited(“Registered Client”) will have no time limitation with respect to the use of these Services as long as they remain a client of AP Agarwal Shifting Private Limited. Registration by submitting a physical application form and other documentary proof is required for this user category.
1)COPYRIGHT
1.1 The Materials are protected under copyright and other intellectual property laws and may not be republished by you or provided by you to third parties without the express written consent of AP Agarwal Shifting Private Limited.
1.2 You must retain all copyright and other proprietary notices contained in the Materials on all copies of the Materials that you make
1.3 You may not modify the Materials in any way or reproduce or publicly display, perform or distribute or otherwise use them for any public purpose
1.4 You must give notice of these restrictions on use of the Materials to any person to whom you provide the Materials
Also, downloading and copying the Materials is subject to the following restrictions.
2) SOFTWARE
2.1 Any software made available to operate this Site and/or to download Materials from it (the "Software") is the copyrighted work of AP Agarwal Shifting Private Limited. and/or its associates. You are licensed to use this Software on a non-exclusive basis solely for the purpose of visiting the Site and/or downloading Materials from it. You may use this Software for this purpose only. Under no circumstances, you shall redistribute, sell, decompile, reverse engineer, disassemble or otherwise deal with the Software.
3) TRADEMARKS
Limitation Of Liability
3.1 You assume all responsibility and risk for the use of this site and the Internet generally. Under no circumstances, shall AP Agarwal Shifting Private Limited. or its affiliates be liable for any direct, special, indirect, or consequential damages or any damages whatsoever; including but not limited to loss of use, data, or profits, without regard to the form of any action, including but not limited to contract, negligence, or other tort actions, arising out of or in connection with the use, copying, or display of the content resulting from access to or use of this site, or the internet generally, under contract, tort or any other cause of action or legal theory.
3.2 AP Agarwal Shifting Private Limited. believes the entire content to be accurate, complete, and current, to the best of its knowledge. Under no circumstances, shall AP Agarwal Shifting Private Limited. makes any warranty as to the accuracy, completeness or currency of the content. As such, it remains your sole responsibility to verify any information before relying on it.
3.3 However, AP Agarwal Shifting Private Limited. agrees that the content of this site may include technical inaccuracies or typographical errors. From time to time, changes are made to the content herein.
4) CHANGES AND OTHER TERMS
4.1 AP Agarwal Shifting Private Limited. possesses the right to make changes and updates to any information contained within this site without prior notice. Also, AP Agarwal Shifting Private Limited. reserves the right to change any of the Terms of Use without prior notice. Access to particular Services on the site may be subject to additional or different terms and conditions, as specified by AP Agarwal Shifting Private Limited. from time to time.
5) LAW & JURISDICTION
5.1 These terms are governed by applicable law in the city of Mumbai in the state of Maharashtra, India. All disputes arising from these terms and conditions and activities covered thereto shall be fought only in courts located in Mumbai, India and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
5.2 However, we reserve the right to take legal proceedings in country other than India, to protect our interests or to enforce our rights whenever it deems it appropriate to do so.
6) GENERAL
6.1This Web Site and the information, names, images, pictures, logos and icons concerning, regarding or relating to AP Agarwal Shifting Private Limited. and its affiliates and services are provided "as is" and on an "as available" basis, without any representation or endorsement made, and without warranty of any kind, whether expressed or implied, including but not limited to an implied warranty of merchantability, fitness for a particular purpose, or non-infringement of others' intellectual property rights. Under no circumstances, shall AP Agarwal Shifting Private Limited.. or any of its affiliates, contractors, employees, directors or officers be liable for any damages, including without limitation special, indirect, or consequential damages (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION) resulting from access or use, or inability to access or use, this Web Site or arising out of any materials, information, qualifications, opinions or recommendations on this Web Site. We may change the contents of the website at any point of time without any pre-intimation or permission.
7) OUR POLICY FOR THE CANCELLATION AND REFUND ARE AS FOLLOWS:
Cancellation Policy
7.1 In case you wish to cancel your orders placed at www.ap-agarwalshifting.com, you could do so within 24 hrs of the orders placed. The cancellation would not be done once the consignment has already been shipped.
Refund Policy
7.2 In case of a cancellation, please get in touch with our customer care at +919660564006 for a refund of your money with all required proofs.
Pricing Policy
7.4 The rates are subject to the nature and kind of services you avail as per your requirement which may depend upon its factors such as volume, distance and for other ancillary services desired to avail.
Furthermore, rates of the services are likely to change without prior notice.
8) CLAIM POLICY
8.1 Damages may occur to the HHG consignment (s) during transit on account of rough, hilly and difficult terrains that is witnessed in the country. AP Agarwal Shifting Private Limitedalways tries to impress upon our clients on the advantage of taking risk coverage while booking with AP Agarwal Shifting Private Limitedand recommends them to pay risk coverage charges through cheque for their consignment to avoid any contingency that may happen un an un-predictable conditions.
8.2 The carrier or their agents shall be exempted from any loss or damage through accident/ pilferage/ fire/rain/collision/any other road or river hazard. We therefore recommend that household goods should be covered under CARRIER RISK by paying additional charges as FOV.
NO INDIVIDUAL POLICY/RECEIPT FROM INSURANCE COMPANY WILL BE PROVIDED. AP Agarwal Shifting Private LimitedWILL ISSUE GCN UNDER “CARRIER RISK” AS PER SECTION 11 OF CARRIAGE BY ROAD ACT, 2007
9) GENERAL INSTRUCTIONS
9.1 Client must record proper value in the inventory sheet. The inventory sheet will be treated as a final document in claim settlement, if any.The value in PACKING LIST can only be considered as final while settling any case.
9.2 In the event of claim coming up for any reason, the payment of compensation will be restricted to the amount equivalent to the value declared by the consignor in the Packing list as per 1.
9.3 Consignor must check the declared value of each and every item in packing list at the time of documentation
9.4 The carrier will not be liable to entertain claim of compensation in respect of any item which is not specifically mentioned in the Packing List and its value has been declared at the time of packing of the materials.
9.5 A claim for compensation for damages of material of any nature would be considered either for repair or reimbursement towards compensation only after receipt of freight charges in full and receipt of written complaint separately soon after unloading but in any case not later than 3 days of unloading.
9.6 If the consignor/consignee merely puts his/her signature on “Goods Receiving” Copy showing acknowledgement of goods without giving any remark about the status of the materials, it would be deemed that the transported materials were delivered in o.k./good condition.
9.7 The carrier will look into the claim of the consignor/consignee in respect of only those items about which there would be specific damaged remark mentioned in the Proof of Delivery (POD).
9.8 No complaint made subsequently or at a later stage will be considered about any additional item having being found damaged or any other type of defect found to have developed or noticed subsequently either after issue of o.k. receipt or after giving remarks about certain material received in damaged condition.
9.9 The consignor should indicate the value of his/her all old and used items, in detail at the time of packing in the Packing List after due application of his/her mind and the cost/value so declared should be reasonable as far as possible since the declared value alone would be taken into account at the time of deciding the claim for compensation.
9.10 Any claim should be intimated and lodged within 72 hours of delivery of the goods. In case of CAR / Bike, claim should be intimated and lodged within 12 hours.
9.11 In case risk coverage is not opted, no claim will be considered at a later stage.
9.12 No claim shall be considered if goods already mentioned damaged in inventory sheet
9.13 No claim for compensation will be considered for mental agony, mental tension or harassment due to unintentional damage of the material at the destination.
9.14 No compensation shall be considered if customer repaired goods without intimate to carrier
9.15 The carrier will not be liable in any manner whatsoever for the damages or for any defects noticed in any item, if the consignor/consignee has arranged the unloading and unpacking of the transported material at his/her own.
9.16 If goods already packed by customer and not shown the working /OK condition of item then NO CLAIM shall be considered.
9.17 No claim shall be considered which caused by oil spill as we have already instructed consignor not to carry such things before packing.
9.18 We do not accept to move perishable goods, jewelry, arms and ammunitions, hazardous material like crackers, explosives, chemicals, filled gas cylinder battery acids and inflammable oils; such as diesel, petrol, kerosene, gasoline, narcotics and counter branch items.
9.19 All batteries must be drained of their acids by customer and should be empty before loading.
9.20 No compensation shall be considered in case of LIFT / SOCIETY or STAIR WALLS spoiled during delivery process.
9.21 Although due care would be taken to get the damages rectified/repaired expeditiously yet due to certain unforeseen circumstances, if there is delay in getting the damage repaired, no compensation will be paid for such delay or time gap between the period of damage and its repair.
9.22 Although due precaution will be taken to ensure quick transportation and timely delivery of the materials at the destination but due to certain unforeseen circumstances or due to certain natural calamities or due to certain sudden road hazardous taking place in transit causing delay in delivery of the material, in such circumstances, no claim for any compensation will be considered.
9.23 The carrier will not accept flowerpots (Clay) for transportation and if at all accepted as a good gesture on the request or on being insisted upon by its customer however it won't take guarantee or be liable for its safe delivery at the destination
9.24 The Consignor hereby expressly declares that the above particulars furnished by him or his/her agent are correct. No prohibited articles/goods are included and he/she is aware of Terms & Conditions of the carrier
9.25 If party covers his/her risk directly, through some Insurance company, and then the transit risk coverage by carrier will end and will not be liable to entertain any compensation claim.
FOR CAR & BIKE
9.26 In case of Car/Bike or other articles only exterior damages will be considered, no claim will be paid for any internal or mechanical fault.
9.27 Carrier will not be liable for any defect or damage to any internal part of car including Engine, Battery, A.C., Audio Player etc. as the carrier is not technically qualified to assess its actual status and functioning while given delivery of the car.
9.28 Car is being transported under owner’s risk. Consignor should directly take proper Insurance Cover for all types of transit risk and the carrier will not be liable for any damage what so ever including accident etc. Or for whatsoever reason however, carrier will carry out legal formalities like lodging complaint / Panchanama etc. in police station.
9.29 Consignor shall pursue his case directly with the insurance company for any claim in case of any unforeseen incident, damages of his/her car or bike.
9.30 In case of arising any claim during car transportation, customer must require to lodge claim with his Insurance Company /under writer. AP Agarwal Shifting Private Limitedcan only issue a damage certificate if car booked under OWNER RISK.
9.31 If transit risk (FOV) has been taken by consignor against CAR and BIKE shifting then liability of any difference and NCB (if any) amount shall be carried out by carrier.
9.32 When NCB amount for current year shall be considered.
9.33 If new parts need to be replaced in repairing process then depreciation amount shall be considered by carrier.
9.34 Internal damage of any car/bike/electronic/electric goods cannot be considered.
ELECTRONIC & FURNITURE ITEMS
9.35 AC / fridge gas leakage / refilling shall not be considered by carrier.
9.36 Ac pipe amount shall be considered as per declared value. If not packed particularly then no amount shall be considered.
9.37 Estimate from authorized service centre shall be accepted by us in case of arising claim in electronic items but it can’t be more than declared value.
9.38 In case of any damage of furniture item if it is repairable, the damage would get repaired by the carpenter of the company and no claim for replacement of the damaged furniture/wooden item will be considered.
9.39 No claim shall be considered in case of minor scratches in furniture items.
9.40 The carrier will not be responsible for payment of any compensation in respect of electronic articles if not shown in working condition at the time of packing. The carrier will be liable for repair of damaged part to make the same in working condition or the cost of damaged parts will be paid proportionately after computing the value of damaged set's part restricting the declared value of particular item.
9.41 Similarly, in case of other items, the amount of compensation will be decided on proportionate basis of the declared value of other items or alternatively the damaged portion will begot repaired.
9.42 In case of minor and repairable damages, the client need to initially give a claim letter and quotes for repair estimates from an authorized vendor to process the risk coverage claim.
9.43 If single piece has been broken out of a set, the payment will be made proportionately of the value of such set declared at the time of packing and as noted in the packing list computing the cost of single piece and the claim of replacement of complete set will not be considered. However, in case of broken item being in addition to the proportionate cost of broken piece, 15% more could be paid in case of exceptional item only to compensate the loss.
9.44 Amount based on extent of damages shall be considered in case of estimate from consignee is not received. All repair estimates shall be received within 5 to 7 working days.
9.45 Depreciation amount 10% per year shall be considered for furniture and electronic items on declared value.
9.46 GST amount can only be paid if final repair bill is received.
If carrier considers 100% declared value against claim then damaged item shall be picked up by carrier as salvage.
9.47 Fitting work can only be provided within 3 days (if charges have been taken) after delivery, no such facility shall be provided thereafter.
Mailing Address :- P.NO.13, SREE MAHALAKSHMI NAGAR,
KANNADAPALAYAM, PUZHAL CHENNAI Chennai TN 600066 IN
Contact No. +91 9660564006
Email. info@ap-agarwalshifting.com / support@ap-agarwalshifting.com