I. Declaration

The Consignment(s) entrusted by the consignor/client of TQS (hereinafter referred to as “Customer”) to TQS Logistic Private Limited (hereinafter referred to as “TQS”) are strictly on a “SAID TO CONTAIN BASIS”. TQS shall be under no obligation and is not expected to verify the description and contents of the products/goods declared by the Customer on the consignment note.

The Customer undertakes and ensures that a proper, true, fair, correct, and factual declaration regarding the description and value of the products/goods has been made on the consignment note. In case of any discrepancy in the declaration, the Customer shall take full responsibility for any fine or penalty imposed on TQS.

The consignment note is issued strictly on the basis of the declaration provided by the Customer. TQS shall not be responsible for any incomplete, inaccurate, or wrongful declaration.

a. The Customer guarantees that the consignment does not contain any of the following banned commodities:

• Currency; liquids and semi-liquids; pornography; bullion; drugs and narcotics (illegal); firearms, parts thereof and ammunition; precious and semi-precious goods/products/items; radioactive material; or any commodities banned by law at any given time.
• Any products, goods, or items whose carriage is prohibited by any law, statute, or regulation applicable at the place of origin, destination, or any transit location.

b. The Customer further undertakes and guarantees that:

• The consignment contains none of the banned commodities/goods/items/products that may cause damage or delay to equipment, personnel, or other consignments.
• The consignment contains none of the banned commodities/goods/products/items that may require TQS to obtain any special license for transportation or carriage.
• The chargeable weight shall be calculated as the maximum of actual weight or volumetric weight. The minimum chargeable weight shall be rounded off to the nearest multiple of 10. In case of any discrepancy found between the declared weight and the actual weight, the differential charges shall be recovered from the Customer.

II. Documentation

1. Proper and complete documentation by the Customer is mandatory, along with accurate details of the consignee’s/receiver’s name, address, telephone numbers, email IDs, and all applicable statutory documents including forms, permits, e-way bills, invoices, and STN (Stock Transfer Note), as required under applicable statutory requirements.

2. TQS shall not be made responsible or liable for any deficiency, inaccuracy, or non-compliance in documentation or statutory requirements, and no claim or grievance of any nature shall be entertained if arising due to the reasons mentioned hereinabove.

III. Packaging

Customer shall ensure that the packaging of the products/goods is safe, proper and adequate to withstand the normal transportation and environmental hazards and in compliance with the applicable laws. TQS shall not be liable or responsible for any loss or damages arising to the Customer if the Customer is not in strict compliance with clause.

IV. Statutory Payments

1. The Customer shall be solely responsible for all payments, if any, levied by the Government or any statutory authority, including but not limited to entry tax, GST (Goods & Services Tax), or any other taxes, duties, or levies imposed from time to time.

2. In the event that any consignment is detained or held up by any statutory authority, including but not limited to GST authorities, excise authorities, customs check-post officials, entry tax, octroi, or service tax authorities, TQS shall not be responsible for any consequential loss, freight refund, or damages. The Customer further agrees to indemnify and make good any loss suffered by TQS in case any claim is lodged against TQS by any statutory authority for any reason whatsoever.

V. Insurance

Customer must take an insurance for the products/goods against all risks such as fire, floods, riots etc. In case of any loss/damage upto the value of Rs. 5,000/- (Rupees Five thousand only) or the value of the freight charges whichever is lower may be borne by TQS. For loss/damage of value more than Rs. 5,000/- (Rupees Five Thousand only) or the value of the freight charges whichever is lower, TQS shall issue certificate of fact to the Customer for filing claims with the insurance company. However, if the Customer do not have a transit insurance as aforesaid and has opted for Rapid Claim Settlement (RCS), the claim for loss/damage will be settled through Rapid Claim Settlement (RCS) process & terms of TQS as specified in www.and in such case TQS shall not be liable to compensate the Customer for any loss suffered.

VI. Refrigerated & Special Goods

It is hereby agreed that, in the event if the consignment is of a special nature such as, ice cream, medicine, vaccine, photo-film etc. the same should be informed to TQS in writing and any special instructions for preservation maintenance etc. should also be informed to TQS in writing. TQS will not be liable if the consignment is lost/damaged/delayed due to the external intervention by any agency of due to the policy of the government or due to any defect, infirmity, ordinary decay or deterioration of the consignment in course of transited he control of TQS.

VII. Payments

1. The aforementioned payments shall be billed by TQS to the Customer as per the booking of the consignment. The Customer will pay the amount in advance or at the time of delivery of the consignment as agreed in the consignment note. All the payment to TQS shall be made through direct online transfer (RTGS/NEFT), cheque or cash by the Customer without any delay. In case of delay by the Customer in making the payment within due date from the date of submission of invoice by TQS, a simple interest of 24% per annum shall be payable by the Customer to TQS from the due date till the date of actual payment.

2. If the consignee/reeciver do not take delivery of the consignment due to any reason whatsoever, TQS shall raise bill (s) to the Customer towards the transporation and other charge in items of these terms & conditions and the Customer shall be liable to pay all the dues payable to TQS.

3. The Customer shall at all times be liable for making the payment to TQS if the consignee and/or any other party fails to make the payment as agreed along with the additional freight and service charges as applicable in the case of return to origin (RTO).

4. No deduction from invoice will be allowed on account of any reason, including non-submission of POD's (Proof of Delivery), delayed claim settlement etc.

VIII. Lien

The customer hereby acknowledges that TQS Logistics shall have and is extended herein a lien on Property/Product/Goods for all sums due and Payable to TQS hereunder, whether for prior or current consignment(s).

IX. Limitation of Liability

1. Notwithstanding anything contained in this terms and conditions, the aggregate liability of TQS Logistics in any case whatsoever, shall not exceed Rs. 5000/-(Rs. Five Thousand only) of the freight amount charged under the CN, whichever is lower per consignment note (CN).

2. In No Event shall TQS Logistics be liable for any punitive, special, incidental, indirect or consequential damage of any kind, whatsoever, whether based on contract, tort, negligence, strict liability or otherwise, in connection with these terms and conditions.

X. Unclaimed Goods

If the consignment is not accepted by the consignee/receiver when tendered for the delivery for any treason, TQS Logistics shall be entitled to send the consignments to unclaimed goods departments to proceed with sale of consignments to realized all dues by issuing due notice before putting the consignment for public auction.

XI. Demurrage

In case the consignee does not take delivery of the consignment at the time of delivery of the consignment demurrage charge as per TQS Logistics existing policy will be charged from the customer.

XII. GST

The customer shall liable to pay GST or any other service charge has applicable on the freight amount charge under the consignment note has agreed.

XIII. Force Majeure

Neither party will be liable for performance delay nor for non-performance due t causes beyond its reasonable control including strikes, Lock-outs, Floods, Hurricanes, Restrictions on traffic movements imposed by Local/Public authority, acts of Local, State Governmental action prohibiting or impending any party from performing its respective obligations under these term and conditions etc.

However, the customer will continue to remain liable for its payment obligations to TQS Logistics for the services. mentioned under these term and conditions, already performed.

XIV. Indemnity

The customer shall keep TQS Logistics and its affiliates and their directors, officers, employees, Visitors, Agents, Representatives and Contractors (herein referred to as "Indemnified Parties"), harmless from and defend & indemnified them against any and all losses, including but not limited to:

a. Actual or contingent damage, loss, (Personal) injury (Including death), expense, cost, Fine, charges (including freight and other related charges), penalty, claim, including reasonable attorney fee and litigation costs;

b. Charges and expense incurred by TQS Logistics due to any banned,, restricted, dangerour or hazardous goods/products/items entering the network of TQS Logistics because of any omission commission by the customer or any or its authorized representatives;

c. Any loss, Damage, costs, legal costs, expenses arising out of any actions or proceedings initiated by any authority (Judicial or regulatory or the like) including but not limited to the government authorities, arising out of any act or omission or mis declaration or mis-description, improper/incomp;ete documentation or non-performance of any obligations set out herein, by the customer or by its authorized representative under its authority. (herein referred to as "losses:"), suffered or incurred by or brought against indemnified partes or any third party, resulting from or connected with violation of any terms of this & conditions and/or any applicable law or regulation, their performance, except to the extent that such damage, loss (personal) injury, expense, cost, fine, penalty or claim s caused by TQS Logistics sole wilful misconduct or gross negligence.

XV. Jurisdiction

The customer and TQS Logistics hereby agree that this terms & conditions shall be governed by and interpreted accordance with the laws of India and the competent court of Delhi, Delhi shall have exclusive Jurisdiction.

XVI. Order of Precedence

In case of any contradiction / inconsistency / conflict between the terms & conditions for this CN and any other LOI / Agreement between the customer and TQS Logistics, precedence shall be as per the order listed below:

• a. Agreement
• b. Letter of Intent (LOI)
• c. Terms & Conditions of this CN.