Shipping Terms and Conditions

 

Shipping Terms and Conditions


The terms and conditions for shipping services are set out as below and all customers are deemed to have read and accepted these terms and in conjunction with the terms User Agreement before shopping at sourceprocuredeliver.com (herein after referred to as SPD)which is controlled and owned by Altair Management Consultants, with registered office in the Emirate of Dubai, United Arab. The Shipping Terms and Conditions is effective form the 1st of January 2012 and are subject to change from time to time without prior notice at the sole discretion of SPD.


General Terms and Conditions

SPD through its associates and partners, arranges for collection of the shipment from the supplier door, in any city of the world, handles the export documentation and customs clearance at origin airport or port, books shipment through a postal service, express courier, airline or shipping line, handles customs clearance at any Indian airport or port and delivers to the residence or warehouse.

a. 366 6000


 



  1. There is no restriction on the size or type of shipment that can be handled, except the rules pertaining to restricted items like alcohol, vehicles, perishables and others as listed by the Indian Customs Tariff Guidelines.


  2. Within India, SPD though it’s associates and partners arranges deliveries by air, surface transport and rail. Again there is no restriction on the size or type of shipment except carriage of dangerous goods, chemicals.


  3. SPD will provide the Customer with an itemized Quote that reflects the estimated cost upto final delivery. The quote will clearly mention the inclusions and exclusions. Utmost care is taken to ensure that there are no revisions on the freight cost from door-to-door, but, minor variations in weight calculations cannot be ruled out. Similarly there can be a variation between the estimated customs value and the assessed value at the time of customs clearance.


  4. In order to ensure that there are no losses either to SPD or the Client, 90% of the estimated delivered cost is paid in advance and the balance 10% after customs assessment during customs clearance process at the Indian airport/port. For smaller value shipments, 100% is collected in advance.


  5. The Customs valuation report and the Customs Duty paid receipt can be furnished on request.


  6. Rates are calculated on W/M (Weight/Measure) whichever is higher. Weight means Gross Weight in kilos and Measure means volume occupied by the shipment. Chargeable Weight or Volumetric Weight is the volume or space occupied by the shipment converted into kilos.

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  8. For shipments by Airfreight when dimensions of the package or carton or pallet is in inches the volumetric weight is calculated by L x W x H/366 and when in centimetres L x W x H/6000
    For shipments by Express Courier – L x W x H/305 in inches and W x L x H/5000 in centimetres 
    For shipments by Road Freight/Surface Transport – L x W x H/290   and L x W x H/4750 in centimetres
    ** The above calculations are for illustrative and estimation purposes only. The calculations are not standardized and can vary from company to company.


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  10. Example: In inches – L 50 x W 30 X H 50/366 = 205 KG or In cms L 280 x W 150 x H 250/6000 = 1750 KG

    The Gross weight of a Guitar, Piano,Sofa will be very less but the volumetric weight will be couple of times higher.


  11. For shipments by ocean freight the volumetric weight is calculated by Freight Ton. Here again the calculations are based on W/M, whichever is higher. Dimensions are converted from inches or centimetres into Meters.
    L x W x H in meters = Cubic Meters or CBM. Example: L 1.5 x W 0.80 x H 1.75 = 2.1 CBM.


  12. So, if the weight of the shipment is 1000 KG or 1 MT, the CBM is the unit for calculation of the freight rate.


  13. The Freight Invoice from the carrier – air, road, ocean, rail can be furnished on request


  14. For customers sourcing items out of India, the same calculations apply when we ship out the goods your country of residence.

 

 

(1) Terms and conditions for Customs, Exports and Imports


 

(a) SPD may perform the activities pertaining to imports and exports either directly or through its associates and fulfilment partners on buyer’s behalf.

(b) Rules for import and export of shipments for individuals and businesses would be separately dealt with. Terms and conditions will be mentioned explicitly in the Quotation.

(c) For Individual Consumers SPD will undertake to handle the customs clearance process, payment of customs duty, other taxes and arrange delivery to the residence.

(d) For all registered companies, depending on the type of commodity being imported or exported SPD will advise at the time of quotation on whether customs clearance will be part of the scope of work. In case SPD declines, the Company will have to make their own arrangement for import or export customs clearance. Terms of Trade will be specified.

(e) SPD will complete any documents, amend product or service codes, and pay any duties and taxes required under applicable laws and regulations as per company policy and discretion.

(f) Act as forwarding agent for customs import and export control purposes.

(g) As Buyer’snominated for the purpose of designating a customs broker to perform customs clearance, entry and exit.

(h) Redirect the Shipment to Buyer’s import broker or other address upon request by any person or company who SPDwill verify to have the required License as CHA. (i) All shipments imported by air or sea are subject to customs duty as specified in the Indian Customs and Tariff Guidelines.

(j) The Harmonized Commodity Description and Coding System (HS) of tariffnomenclature is an internationally standardized system of names and numbers for classifying traded products developed and maintained by the World Customs Organization (WCO) an independent intergovernmental organization with over 170 member countries based in Brussels, Belgium.

(k) Customs Duty for each commodity is assessed on the HS code and the landed cost (Cost-Insurance-Freight or CIF value) as per the invoice of the supplier.
 

(2) Estimated Landed Price (ELP)



(a) The quote received from SPD will in most cases be the estimated landed cost. These include:
2.1. Product Cost
2.2. Shipping Cost – Domestic and International
2.3. Insurance for loss or damage is covered for the full amount paid by the buyer to SPD
 

(3) Duty Free Gifts



Anyone (individual or company) living in India can receive duty free gifts from anyone(individual or company) outside India, as long as the person sending and the person receiving the gift are not the same. Bonafide gifts not exceeding INR 10,000 in value are exempt from customs duties by the Government of India. The Government notification can be found at: http://www.cbec.gov.in/customs/cst-0809/cs-gen-idx.htm.
 

(4) Customs Duty and Taxes


 

All imported goods must be declared to the Customs & Excise authorities on entry and, in most cases, except duty free gifts as described in Section 4 are subject to customs duty & VAT. This includes goods bought over the Internet. The Buyer’s of the shipment is legally liable to pay Customs Duties and Taxes, however the Buyer authorises SPD to pay the duties and taxes on the Buyer’s behalf. The Customs Duty and Taxes charged to the buyer is final

Follow this link: http://www.cbec.gov.in/customs/cst-0809/cst-main.htm to the Customs and Excise Database of Government of India where you can check the applicable duty for any product.

Or to the Duty Calculator link http://www.cybex.in/indian-custom-duty/default.aspx
 

(5) Unacceptable and Prohibited Items for Carriage



SPD will not transport any items that is deemed to be unacceptable and prohibited for carriage:
 

 

 

(6) Maximum Size and Weight Limit


 

There is no restriction on weight or size when you shop with SPD. SPD works out the mosteconomical mode of transport from origin to final destination.
 

(7) Deliveries, Undeliverable shipments


 

(a)       Shipments cannot be delivered to PO boxes. Shipments are delivered to the Buyer’s address given by the buyer, but not necessarily to the named Buyer’s personally. Shipments to addresses with a central receiving area (mail room) will be delivered to that area. Buyer’s responsibility to arrange for collection.
(b)       If the Buyer refuses delivery or to pay for additional Customs duties and Taxes, or the Shipment is deemed to be unacceptable, or it has been undervalued for customs purposes, or Buyer’s cannot be reasonably identifiedor located. In such instances after SPDhas exhausted all means the shipment will be disposed of or sold within 30 days of arrival at the Indian airport or Port by SPD. This action would be at the sole discretion of SPD without incurring any liability whatsoever to the Buyer or anyone else, with the proceeds applied against service charges and related administrative costs. The Buyer irrevocably accepts this clause.
©    SPD shall make reasonable efforts to deliver the item to Buyer within the stipulated delivery time frame indicated here from the date of full payment for the charges as notified to Buyer. High security addresses or addresses in more remote locations may require a longer delivery time. There will be no deliveries on Sunday and gazetted public holidays. We shall however not be liable (whether in contract, tort (tort law) or otherwise) for any delay in effecting delivery of such Items for whatever reasons.

(d)      SPD is not liable for any kind or form of consequential damages arising out of delay in deliver to the Buyer.
 

(8) Inspection


 

SPD has the right to open and inspect a Shipment without prior notice. Customs Authorities/ Airline/Port Security also have the right to open and inspect the shipments.
 

(9) SPD’S Liability


 

SPD contracts with on the basis that SPD's liability is strictly limited to direct loss only. All other types of loss or damage are excluded (including but not limited to lost profits, income, interest, future business and all types of consequential loss), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to SPD's attention before or after acceptance of the Shipment.

For all items, liability, once it is proven to be damaged or loss as a result of SPD’s shipping, the sum insured will be for the amount paid by the Buyer to SPD for the purchase of the goods. Our ELP includes insurance for damage or loss for the amount paid for the purchase of goods by the Buyer.

Claims are limited to one claim per Shipment, and the settlement of which will be full and final settlement for all loss or damage in connection therewith.
 

(10) Time Limits for Claims


 

(a) Damaged , Loss or Missing Items

Upon receipt of the Shipment or Item, Buyers are advised to check that the item has been received in good order. Please open the parcel in the presence of the Courier representative and in the event of damaged goods or missing items, ensure that you do not accept delivery from the Courier. Return the goods to the Courier. When you have accepted the goods, within 24 hours of delivery an e-mail will be sent to you confirming the delivery. If for any reason you have not received the delivery, you must notify us within 2 hours of receiving the e-mail. It is the Buyer’s responsibility also to notify SPD within 24 hours of receiving the goods by email to: cs@sourceprocuredeliver.com failing which SPD shall have no liability whatsoever.

(b) Defective Products or wrong order shipped by the Store or Affiliate

The buyer must notify by email to:claims@sourceprocuredeliver.com within 24 hours of delivery of goods to the buyer. The original copy of the consignment note/air waybill and all supporting documents, relevant invoices and/or receipts for the product(s) must be handed or at the time of pick-up of the defective or wrongly shipped products. SPD shall have no liability whatsoever if the buyer fails to comply with the above.
 

(11) Delayed Shipments


 

SPD will make every reasonable effort to deliver the Shipment according to SPD regular delivery schedules, but these are not guaranteed and do not form part of the contract. No claim whatsoever will be entertained on this account.
 

(12) Refund Policy


 

(a) In the case of loss or damage of all or part of a shipment, SPD will, refund the shipment charges by the same method as the Buyer had paid for them after SPD has done the investigation. However it will be at SPD sole discretion and decision whether the buyer is eligible for a refund and subject to clause 8 (Time Limit).

(b) If duty and taxes had not been paid by SPD to the relevant authorities at the time of loss or damage, SPD will refund duty and taxes to the Buyer by the same method the Buyer had paid for them. Where duty and taxes have been paid by SPD to the relevant authorities at the time of loss or damage, SPD will refund such duty and taxes to the buyer by the same method the Buyer had paid for them if SPD is able to obtain a refund of such duty and taxes from the relevant authorities without incurring additional cost on its part. Where this is not possible we will issue a creditnote to your account that will be applied to your next order.
 

(13) Loss or Damage


 

If SPD determines that the loss or damage has occurred due to the fault of SPD. SPD will refund the amount charged in the same manner as the buyer has paid. Where this is not possible we will issue a credit note to your account that will be applied to your next purchase.
 

(14) Product Returns or Exchanges


 

For return of product(s) or exchange, we will, upon request, help to arrange return shipping to the store from where you purchased the product(s), at the buyer’s cost. All refund on returns, exchange, rebates and money-back guarantee policies and procedures will be in accordance to the Store’s policies and procedures. Buyers are advised to read the store’s policy on returns and exchanges.

For exchanges buyer will have to pay the subsequent shipping charges, customs duty and taxes in order to have the Item exchanged from the store to the local mailing/delivery address as specified by Buyer.
 

(15) Return of Wrong or Defective Product Shipped by the Store or Affiliate


 

If the Store has shipped the wrong product(s), the buyer has to notify SPD within 24 hours of delivery of the product(s)by email to returns@aourceprocuredeliver.com. If it is determined by SPD that it is the store’s fault, SPD will return the product(s) and will refund the purchase price paid by the buyer. The refund will be given within the time as stipulated by the store’s policy and in the case of exchange SPD will ship the exchanged product(s) at the given address of the buyer at SPD cost.SPD will also pay the customs duty and taxes if any for the exchanged product.

For a defective product, the buyer must notify SPD within 24 hours from the date of delivery by email to returns@sourceprocuredeliver.com , we will arrange to pick up the defective product and have our experts determine the nature and authenticity of the defect.

If SPD at its sole discretion determines that the defect is genuine we will refund or exchange (at buyers request) the amount paid by the buyer to SPD for the purchase of the product including the shipping, customs duty and taxes or exchange the product and SPD will bear all the shipping costs including customs duty and taxes back to the store and return the exchanged product to the buyers given address.

All returns and exchanges must be in the original packing of the store from where the buyer has purchased the product, invoice and Consignment note/AWB.

If SPD determines at its sole discretion that the product is not defective the product will be returned to the buyer and SPD will not have any liability whatsoever. All refunds on returns, exchange, rebates and money-back guarantee policies and procedures will be strictly in accordance with the store’s policy and procedures. Buyers are advised to read the Stores’ Policy on returns, exchanges and refunds.
 

(16) Circumstances beyond SPD’s control


 

SPD is not liable for any loss or damage arising out of circumstances beyond SPD control. These include but are not limited to Act of God" e.g. earthquake, cyclone, storm, flood, fog; "Force Majeure" e.g. war plane crash or embargo; any defect or characteristic related to the nature of the Shipment, even if known to SPD; riot or civil commotion; any act or emission by a person not employed or contracted by SPD e.g., Buyer’s, third party, customs or other government official; industrial action; and electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings.
 

(17) Customer's Warranties and Indemnity


 

Customers shall indemnify and hold SPD harmless for any loss or damage arising out of customer's failure to comply with any applicable laws or regulations and for breach of the following warranties and representations:
All information provided by or its representatives is complete and accurate Customer's vendor/supplier employed reliable staff to prepare the Shipment The Shipment is properly marked and addressed and packed to ensure safe transportation with ordinary care in handling.
All applicable customs, import, export and other laws and regulations have been complied with; and The purchases have been signed by Customer's authorized representative and the Terms and Conditions constitute binding and enforceable obligations of customers.
 

(18)Applicable Law and Jurisdiction


 

These terms and conditions shall be construed in accordance with the laws of the Emirate of Dubai, United Arab Emirates. If Buyer are not a resident in the Emirate of Dubai, United Arab Emirates, by registering as a member, Buyer agrees that the laws of the Emirate of Dubai, United Arab Emirates, without regard to the conflicts of laws principles thereof, will apply to all matters relating to Buyer membership and use of the services. Buyer accepts and agrees that both Buyer and SPD shall submit to the exclusive jurisdiction of the courts of the Emirate of Dubai, United Arab Emirates in respect of any dispute arising out of and/or in connection with these terms and conditions.