General Terms and Conditions for Carriage
These General Terms and Conditions of Carriage (“Terms”) govern all shipments of products and services managed by Overseas Logistics Pvt. Ltd. (“Overseas Logistics,” “we,” “us,” “our”).
These Terms constitute a binding legal agreement between Overseas Logistics and the Shipper, the Consignee, and any other party with an interest in the shipment (“you”). These Terms also extend to protect any agent or independent contractor with whom Overseas Logistics may contract to transport or deliver the shipment.
1. Definitions
As used in these Terms, the following definitions apply:
Consignee: The person or entity to whom the shipment is sent.
Convention: The Convention for the Unification of Certain Rules relating to International Carriage by Air (Warsaw, 1929), as amended by the Hague Protocol (1955), which may govern international air carriage and limit the liability of Overseas Logistics for loss or damage.
Overseas Logistics: Includes Overseas Logistics Pvt. Ltd. and any carrier, agent, or independent contractor Overseas Logistics engages to transport or deliver a shipment.
Package: Any single container or envelope accepted by Overseas Logistics for delivery.
Shipment: All packages shipped by the same customer (identified by its customer number) on the same day, originating from the same location and designated for the same destination/Consignee.
Shipper: The person or entity sending the shipment.
Waybill: Any shipping document, label, manifest, bill of lading, or similar item used by Overseas Logistics in providing its services.
2. Agreement to Provide Services
Overseas Logistics agrees to provide courier services between authorized service points in accordance with:
2.1. These General Terms and Conditions.
2.2. The specific terms and conditions applicable to the particular Overseas Logistics product being used.
2.3. The applicable Overseas Logistics Rate Schedule and Schedule of Additional Charges in effect at the time of shipment.
2.4. In the event of a conflict between these General Terms and Conditions and the terms for a specific product, the terms for the specific product shall govern.
3. Applicable Law
These Terms shall be governed by the applicable laws of India. Shipments may be subject to, and governed by, applicable national or state laws, including public commercial vehicle legislation. For international air shipments, the Carriage by Air Act (India) and the Convention shall apply.
4. Shipping Rates
The Shipper agrees to pay the applicable shipping rates in effect at the time the shipment originates, subject to any active discounts. Overseas Logistics reserves the right to amend its Rate Schedules at any time upon notice to its customers.
5. Additional Charges
In addition to standard shipping rates, the following charges may apply to a shipment:
5.1. Account Number Correction: Applied if the Waybill is missing or includes an incorrect or incomplete account number.
5.2. After-Hours Pickup: Applied for pickup requests received after the Shipper’s standard pickup time or outside published business hours.
5.3. Volumetric Weight: We reserve the right to apply a volumetric weight charge if the shipment’s volumetric weight is higher than its actual weight. The calculation method is prescribed in the product details.
5.4. Fuel Surcharge: We reserve the right to apply a fuel surcharge on air and/or ground shipments upon notice.
5.5. Remote Area Surcharge: Applied if the destination is deemed remote or is not serviced directly by Overseas Logistics.
5.6. Postal Code Correction: Applied if the Waybill is missing or includes an incorrect or incomplete postal code.
5.7. Weight Correction: Applied if the Waybill is missing or includes an incorrect weight for the shipment.
5.8. Residential Delivery Fee: Applied to any delivery to a non-commercially zoned location, in addition to shipping charges.
5.9. Excess Weight Package Fee: Applied to any trackable piece that has an actual weight greater than the prescribed limit for the product.
Please see the current Overseas Logistics Schedule of Additional Charges for more information. We reserve the right to amend these charges at any time upon notice.
6. Sales Taxes, Duties, and Surcharges
The party being billed is liable for and shall pay to Overseas Logistics any and all goods and services taxes (GST) or similar applicable taxes, as well as any and all surcharges, customs duties, and assessments related to the shipment.
7. Billing
Shipments may be charged to the Shipper or a “Bill To” account of record, subject to our right to refuse credit. Billing correction credit requests must be received in writing and are subject to our review and approval.
Within 30 calendar days of invoice date: No fee.
After 30 calendar days of invoice date: Subject to an administration fee, which will be deducted from the credit amount.
After 90 calendar days of invoice date: Requests will not be accepted.
8. Payment Terms
Invoices must be paid in full when due. Invoices overdue by more than 30 days will be subject to an additional charge of 2% per month. Additional fees will be charged for any cheque or electronic transfer that is dishonoured. These amounts are in addition to any other legal rights and remedies available to Overseas Logistics.
9. Lien on Shipments
Overseas Logistics shall have a lien on any shipment for all outstanding charges, fees, taxes, and duties. We may refuse to surrender possession of the shipment or refuse to deal with any claim until such amounts are paid in full.
10. Delivery of Shipments
10.1. Delivery: Shipments will be delivered to the Consignee’s address on the Waybill, but not necessarily to the named Consignee personally.
10.2. Proof of Delivery (POD): Confirmation of delivery is available by telephone, e-mail, or via our website’s tracking page at no charge. Written POD is available upon request for an additional charge.
10.3. Undeliverable Goods: If a shipment cannot be delivered through no fault of Overseas Logistics, we may return the shipment to the Shipper at the expense of the party being charged.
10.4. No Guarantee of Delivery Times (Delay): Overseas Logistics does not guarantee its delivery times. We shall not be liable for any loss or damages suffered as a result of a failure to deliver by a stipulated time, even if we were aware of such consequences.
10.5. Redirection Service: We may provide a redirection service for goods in transit for a prescribed fee. This service may be available for up to 15 days post-delivery, subject to the receiver handling over the package. Overseas Logistics shall not have any liability for a missing shipment or part thereof under this service.
11. Exceptions from Liability (Force Majeure)
Overseas Logistics shall not be liable for any loss, damage, or delay caused by circumstances beyond its control, including (but not limited to) acts of God, public authorities, riots, strikes, labour disputes, civil commotion, disruptions in air or ground transport networks, inherent vice in the goods, an act or default of the Shipper or Consignee, or similar events.
12. Liability and Exclusions
12.1. Shipper’s Responsibility to Insure: Cargo must be insured by the Shipper/Consignee. Overseas Logistics will not be responsible for any loss or damage due to mishandling. We shall support the Shipper/Consignee by providing the required documents to initiate an insurance claim. Overseas Logistics assumes no liability and reserves the right to receive full freight payment even for shipments in which delay, loss, or damage may occur.
12.2. Liability Exclusions: Overseas Logistics shall not be liable for:
Any loss of income, profits, markets, reputation, or opportunity, or for any indirect, incidental, special, or consequential damages or loss, however arising.
Loss or damage from Acts of God (e.g., earthquakes, cyclones, storms, flooding, fire, disease, fog, snow, or frost).
Loss or damage from Force Majeure (e.g., war, accidents, acts of public enemies, strikes, embargoes, perils of the sea, local disputes, or civil commotions).
National or local disruptions in sea, air, or ground transportation networks, and mechanical problems with modes of transport.
Latent defects or inherent vice in the shipment’s contents.
Criminal acts of third parties such as theft and arson.
Delays from customs clearance, work stoppage, or system failures.
Loss or damage arising from your acts or omissions, or those of a third party, including:
Your breach of these Terms.
An act or omission of any customs, shipping line, seaport, or government official.
The shipment containing a prohibited item, even if we accepted it by mistake.
13. Notice of Claim for Loss or Damage
All claims must be submitted in writing within the strict time limits specified. Failure to comply may result in the claim being denied.
13.1. Standard Shipments (Non-Convention):
Initial Notice: Must be given to Overseas Logistics in writing within 30 days after delivery (or within 3 months from the shipment date in case of non-delivery).
Final Claim: The final statement of claim, with all supporting documentation, must be filed within 3 months of the original shipment date.
13.2. International Air Shipments (Convention applies):
Notice of Claim: Must be received in writing within 30 days from the date of delivery (or 30 days from the shipment date for non-delivery or misdelivery).
13.3. Statute of Limitations: The right to damages against Overseas Logistics shall be extinguished unless a legal action is brought within 3 months from the date the shipment should have been delivered or the date carriage ceased.
13.4. Submission: All claims must be submitted in writing to:
Overseas Logistics Pvt. Ltd.
Customer Service – Claims Department
14. Shipper’s Obligations
14.1. Packaging: All shipments must be in defect-free, properly sealed cartons or packaging. The exterior must not use string or rope. Contents must be held firmly by an interior packaging system that protects them from normal handling and stacking pressure. We reserve the right to refuse any shipment we deem improperly packaged.
14.2. Proper Labeling: Each shipment must have a properly secured and correctly completed Overseas Logistics shipping label. All old labels must be removed. An improper label may result in delay or loss. Fragile items must be labeled “FRAGILE” with orientation “UP” arrows on all sides.
14.3. Accuracy of Information: The Shipper is responsible for ensuring all information (weights, account numbers, Consignee’s address) on the Waybill is correct. We may correct errors, and additional charges may apply.
14.4. Account Number: All Waybills require a valid Overseas Logistics Account Number in good standing.
14.5. Shipping Restrictions: Overseas Logistics does not provide service to Post Office boxes or provide temperature-controlled courier services.
15. Business Days and Holidays
Shipments will not be accepted or delivered on Saturdays, Sundays, or any statutory holiday in the jurisdiction where the service is to occur.
16. Prohibited Shipments
Overseas Logistics shall not carry any items classified as hazardous material, dangerous goods, or prohibited/restricted articles by IATA, ICAO, BCAS, or other regulatory agencies.
This includes, but is not limited to:
Items the carriage of which is prohibited by any law, statute, or regulation.
Items requiring Overseas Logistics to obtain a special license or permit.
Packages that are wet, leaking, or emit an odor of any kind.
Radioactive, incendiary, corrosive, or flammable substances.
Hazardous chemicals, explosives, firearms (or parts), ammunition, and firecrackers.
Cyanides, precipitates, bullion, precious metals and stones, and jewellery.
Currency (paper or coin) of any nationality, securities, stamps, and negotiable instruments.
Passports, credit/debit/ATM cards.
Antiques, works of art, and lottery tickets.
Livestock, fish, insects, animals, plants, and plant material.
Human corpses, organs or body parts, blood, urine, and other liquid diagnostic specimens.
Hazardous or bio-medical waste, and wet ice.
Pornographic materials, contraband, narcotics, and psychotropic substances.
Fragile glassware, crockery, and bone china.
Shipments addressed to Post Office boxes.
17. Rights of Overseas Logistics
17.1. Refusal of Packages: We reserve the right, in our sole discretion, to refuse any package that may soil, taint, or otherwise damage other shipments, or which is economically or operationally impractical to transport.
17.2. Right of Inspection: We reserve the right to open and inspect any shipment tendered to us at any time without cause or notice.
17.3. Alternate Modes of Transportation: We reserve the right to substitute alternate modes of transportation or routes.
17.4. Use of Agents or Other Carriers: We reserve the right to engage agents or other carriers to complete the delivery. Any exercise of these rights shall not affect our maximum liability as indicated in these Terms.
18. General Provisions
18.1. Severability: If any provision of these Terms is found to be invalid by a court of proper jurisdiction, that provision shall be severed, and the remaining provisions shall continue in full force and effect.
18.2. Waiver: Any failure by Overseas Logistics to enforce a provision of these Terms shall not constitute a waiver of that provision or impair our right to enforce it in the future.
18.3. Amendments and Notice: Overseas Logistics may amend, replace, or alter these Terms, its Rate Schedules, or its Schedule of Additional Charges at any time. Notice will be given by posting the amended form on our website, currently accessible at https://overseaslogistic.com/. All amendments shall be effective 30 days following such posting. Your continued use of our services after this period constitutes acceptance of the changes. No agent or representative of Overseas Logistics has the authority to alter, modify, or waive any of these Terms.
Payments, Cancellation and Refunds
1. General Terms and Acceptance
This website, Overseaslogistic.com, is owned and operated by Overseas Logistics Pvt Ltd (hereinafter referred to as “Overseas,” “Company,” “we,” or “us”).
PLEASE READ THIS POLICY CAREFULLY. IF YOU (THE “CUSTOMER”) DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, KINDLY REFRAIN FROM ACCESSING THE WEBSITE OR BOOKING ANY CONSIGNMENT. ANY BOOKING OF SERVICE MADE ON THIS SITE SHALL BE DEEMED TO BE AN ACCEPTANCE OF THIS POLICY.
- We reserve the right to change these Terms and Conditions from time to time, at any time, with or without notice to you, by posting such changes on the website.
- This agreement was written in English (India). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
2. Payment and Billing
- Rates: You agree to pay the Company according to the rates displayed on the website at the time of booking. All rates are subject to change without prior notice.
- Additional Costs: In the event of any additional costs incurred during the course of delivery (such as ODA charges, government levies, duties, taxes, etc.), these costs will be charged to you separately.
- Invoicing: The Customer will pay for the service as per the invoice raised at periodical intervals, along with any additional costs incurred.
- Late Fees: If the Customer fails to make any payment within fifteen (15) days of the billing date, late charges will apply at the rate of 1.5% per month on the unpaid amount.
- Non-Payment: If a bill remains unpaid for sixty (60) days, the Company shall have the option to (1) terminate this Agreement and/or (2) withhold all services.
3. Acceptable Payment Methods
By booking with Overseaslogistic.com, you authorize Overseas Logistics and its agents to transact with your bank or payment gateway to obtain the necessary information to process payments, resolve billing disputes, and manage your booking.
We accept the following payment methods:
- Credit Cards (MasterCard or Visa)
- International Debit Cards (Visa or MasterCard)
- Net Banking
- Indian Bank Debit Cards
Account Security: We will never ask you to provide your online banking customer name or password (“Account Access Data”). We do not want this information, and you agree not to provide it to us. Overseas will not be liable for any loss or damage to you due to the use or misuse of your information, except in an event of gross omission by the Company.
4. Online Payments and Security
- Payment Gateway: We use third-party payment gateways, such as HDFC Payment Gateway, to facilitate online payments.
- Security and Data Risk: We and our payment partners have implemented technical and organizational measures to secure your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
- Liability: Overseas and our payment providers assume no liability for any monetary or other damage suffered by you on account of:
- The delay, failure, interruption, or corruption of any data transmitted in connection with the use of the payment gateway.
- Any interruption or errors in the operation of the payment gateway.
- Misuse, hacking, theft, or fraud of personal data transmitted over the Internet, as we have no control over such matters.
- Server Issues and Duplicate Payments: If the website or payment gateway experiences server issues (like ‘slow down’ or ‘session timeout’), you must take the following steps:
- Before attempting a second payment, check your bank account to see if it has been debited.
- If your account has been debited, do not make a duplicate payment. Contact us immediately to confirm the payment.
- If your account has not been debited, you may initiate a fresh transaction.
Under no circumstances shall Overseas be held responsible for fraudulent or duplicate transactions.
- Your Responsibility for Card/Account: You agree that the debit/credit card or bank details you provide are correct and accurate. You warrant that you are fully and lawfully entitled to use such card or account and that sufficient credit is available to cover the transaction.
- Your Account Responsibility: You are responsible for keeping your Customer ID and Password secure and confidential. You are responsible for all transactions made under your Customer ID.
5. Cancellation Policy
- Policy in Effect: The Cancellation Policy is dynamic and may change. The policy prevailing at the time you book your service will be the applicable policy.
- Free Cancellation: Overseas offers free cancellation for all bookings only if the consignment has not physically reached any of our branches or HUBs. We do not levy any cancellation fees of our own in this case.
- Cancellation After Service Availment: Any request for cancellation or a fee refund after a service has been availed (e.g., after pickup) on account of any alleged service deficiency is subject to approval by the appropriate authorities at Overseas.
- Force Majeure: Any delay, loss, or damage to the shipment because of a force majeure event would not be eligible for a refund.
- How to Cancel: Only cancellation requests made either online or by email to our customer support team will be entertained.
- Amendments: Overseas may accept amendments to a booking at its sole discretion.
6. Refund Policy
- Refund Timeline: Refunded amounts are generally returned within 7 business days. However, the time required for the funds to be credited to your account is determined by your financial institution.
- Grounds for Non-Refund: Overseas has no obligation to issue a refund if:
- You cannot provide us with the full and accurate information required to complete the refund.
- The refund request has already been processed by our payment gateway.
- The refund is requested to be sent to a different financial institution than the one that made the original payment.
- We did not receive the original payment for which the refund is requested due to force majeure or other causes beyond our direct control.
- Delays: Refunds requiring special handling, or requests made after 90 days, may result in a delayed return of funds and may require you to supply additional documentation.
- Chargebacks and Fraudulent Transactions:
- Chargebacks: In the event of a claim for a “Chargeback” (a transaction that is refused or charged back by the bank), you must immediately approach Overseas with your claim details. No claims for refund/chargeback shall be made to the Payment Service Provider.
- Fraud/Duplicate Transactions: You must contact Overseas directly for any fraudulent or duplicate transactions. Such issues will be addressed by us in line with our policies.
- Bank Fees: Your bank may debit its own separate charges from refunds made to your credit card or bank account. These fees are not controlled by Overseas.
