The shipment accepted for Hex Cargo Movers P Ltd by its employees and agents (referred to collectively hereinafter as ‘HEX’) is subject to the terms and conditions set out hereunder.

1. The Air Way Bill (AWB)
   
   

   1. This HEX Air way bill is non-negotiable, and the shipper acknowledges that it has been prepared by the shipper or by HEX on behalf of the shipper.
   2. The responsibility of Hex for a shipment accepted under an air way bill ceases when the consignee acknowledges receipt of the shipment by affixing the signature on the "Proof of Delivery" copy and / or the Delivery Sheet.
      
      
2. Shippers Obligation and Acknowledgement
   
   
   1. By tendering materials for shipment via HEX, it is deemed that the shipper agrees to the terms and conditions stated herein.
   2. The shipper warrants that he is the owner or the authorised agent of the owner of the goods transported hereunder, and that the shipper hereby accepts HEX’s terms and conditions for itself and as agent for and on behalf of any other person having any interest in the shipment.
   3. The shipper warrants that each article in the shipment is properly described on this Air way bill and it does not contravene the provisions of the Indian Post Office Act and has not been declared by HEX to be unacceptable for transport as specified under section 10 below and that the shipment is properly marked and addressed and packed to ensure safe handling.
   4. The shipper shall be solely liable for all costs and expenses (which shall without limitations include Octroi, State and Local Taxes, and any similar taxes or imposts) related to the shipment and for costs incurred in either returning the shipment to the shipper or warehousing the shipment pending such return.
   5. The shipper accepts the condition that the shipment is being carried by HEX from the point of tendering only up to the address shown on this Air way bill and that in case the shipment has to be returned/redirected/returned for any reason whatsoever, the shipper shall pay in advance all charges levied by HEX for such rerouting/redirection/return as per the normal schedule of charges of HEX as also any octroi, State/Local taxes, imposts etc. applicable thereon, HEX COURIER will hold such shipments at the destination mentioned on the AWB for a maximum of 10 days from the date of the shipment without informing the shipper and the shipper hereby indemnifies "HEX" against any claim or liability.
   6. Packing of the materials tendered for shipment is the responsibility of the shipper, including placement of such materials include containers supplied by "HEX", if any. Not such standing anything else in these Terms and Conditions, the shipper indemnifies "HEX" from any loss or claims arising from breakage or damages to the materials shipped.

1. "HEX" has the right, but not the obligations, to open any/or inspect any shipment.
2. Shipments shall be tendered to "HEX" in an "Open Condition" and shall by accepted only after an inspection of its contents by a "HEX" employee to ensure its conformity with these Terms and Conditions.
3. "HEX" reserves the right to refuse shipments under these Terms and Conditions without assigning any reason whatsoever.

1. Every shipment shall be charged by its chargeable weight as defined hereunder and not its actual weight.
2. The chargeable weight shall be the higher of:

1. the actual weight rounded off to the higher half kg. as per the category agreed to. (or)
2. the volume of weight similarly rounded off as in (a) above.

1. Volume weight of the shipment in Kilograms is its gross cubic centimeters divided by 6000.

5. Lien on goods shipped
   
   
   1. "HEX" shall have a lien on any goods shipped for all freight charges, Octroi, State/Local taxes. Advances or other charges of any kind arising out of transportation hereunder and may refuse to surrender possession of the goods until such charges are paid.

DOMESTIC CARRIAGE

6. Limitations of Liability
   
   
   1. Without prejustice to Section 7 and Section 8, the liability of "HEX" for any loss or damage to the shipment (which terms shall include all documents or parcels consigned through "HEX") shall be the lowest of:

1. Rs. 1000/- or
2. The amount of loss or damages to the document or parcel actually sustained, or
3. The actual value of the document or parcel as determined hereunder, without regard to the commercial utility or special value of the shipper:

1. the actual value of a document shall be ascertained by reference to its cost of preparation or replacement, reconstruction value at the time and place of shipment, but under no circumstances shall exceed Rs.1000/-
2. the actual value of a parcel (which terms shall include any item of commercial value which is transported hereunder) shall be ascertained by reference to its cost of repair or replacement resale or fair market value not exceeding the original cost of the article actually paid by the shipper, always within the over all limit of Rs.1000/-

7. Consequential Damages Excluded

1. "HEX shall not be liable in any event, for any consequential or special damages or other direct or indirect loss, whatsoever arising, whether or not "Hex" had knowledge that such damages might be incurred including but not limited to loss of income, profits, interest, utility of loss of market.

    8. Liabilities Not Assumed

1. In particular, "HEX" will not be liable for any loss of, or damage to the shipment or a delay in picking or delivering the shipment if it is:

1. Due to acts of god, force major occurrence or any cause reasonably beyond the control of "HEX" or
2. Caused by :

1. The act, default or omission of the shipper, the consignee, or any other party who claims an interest in the shipment (including violation of any of the terms and conditions hereof) or any other person.
2. Carriers such as airlines or railways not adhering to schedules for any reason whatsoever.
3. Government officials in discharge of their official duties such as customs/taxation/octroi/inspection etc.,
4. The nature of the shipment or any defect characterstic, or inherent vice thereof.
5. Electrical or magnetic injury, erasure, or other such damage to photographic images or recordings in any form,

8.2 The shipper indemnifies HEX against loss, damage, penalties action, proceedings etc., that may be instituted by any government officials in discharge of their official duties such as customs/taxation octroi inspection etc.,

3. Not withstanding what is stated above, whilst HEX will endeavor to exercise its best efforts to provide expeditious delivery in accordance with its regular delivery schedules, HEX will not under any circumstances be liable for delay in pick up, transportation or delivery of any shipment, regardless of the cause of such delays.

    9. Claims

1. Any claim must be brought by the shipper and delivered in writing to the office of HEX nearest to the location at which the shipment is accepted within 30 days of the date of such acceptance. No claim can be made against HEX beyond this time limit.
2. No claim for loss or damage will be entertained until all transportation charges have been paid. The amount of any such claim will not be deducted from any transportation charges owed to HEX.

    10. Materials not accepted for carriage

1. Except with the express agreement in writing of any authorised officer of HEX, HEX will not carry materials:

1. Not permitted by the laws/rules/restrictions in force, and
2. Any items notified by HEX to be prohibited item.

10.2 A detailed list of materials not accepted for carriage is available upon request.