Terms & Conditions of Carriage

1 Legal Framework & Carriage by Road Act

All road transportation bookings, vehicle assignments, surface freight agreements, and cargo handling operations executed by Kamal Logistic are strictly governed by the provisions of the Carriage by Road Act, 2007 (Act No. 41 of 2007) and the Carriage by Road Rules, 2011 enacted by the Ministry of Road Transport and Highways (MoRTH), Government of India.

2 Consignment Note (Bilty / Lorry Receipt - LR)

The Consignment Note (commonly recognized as the Lorry Receipt or Bilty) issued by Kamal Logistic constitutes the primary statutory document of title and prima facie evidence of the receipt of goods described therein:

• Sole Release Criterion: Physical delivery of cargo at destination points will be executed solely against the surrender and endorsement of the Original Consignee Copy of the Consignment Note / LR, accompanied by the designated recipient’s verified photo identification and corporate seal.
• LR Endorsement: Any transfer, re-routing, or re-consignment of cargo in transit requires an authorized written endorsement on the original Lorry Receipt by the registered consignor or consignee prior to vehicle arrival at destination.
• Condition at Handover: A signed receipt on the delivery copy of the Consignment Note without noted exceptions constitutes conclusive proof that cargo was delivered complete, sound, and in merchantable condition.

3 Consignor Warranties & Statutory Documentation (GST & e-Way Bills)

The consignor (sender/shipper) warrants absolute truth and legal accuracy regarding the declared description, weight, count, classification, and commercial value of goods tendered for carriage:

• Mandatory Statutory Invoices: The consignor must provide valid original Tax Invoices under the Central Goods and Services Tax (CGST) and State GST (SGST/IGST) frameworks.
• Active e-Way Bills: The consignor is legally obligated to generate and furnish an active, valid e-Way Bill with adequate validity duration covering the full road transit distance. For Multi-Vehicle or Transshipment scenarios, Part-B documentation must be updated in accordance with statutory GST guidelines.
• State Transit Permits & NOCs: Shippers must furnish all requisite border declarations, commercial entry permits, and inspection certificates required by respective state commercial tax authorities.

4 Dangerous & Prohibited Goods

Kamal Logistic enforces a zero-tolerance policy against the unauthorized or uncertified carriage of hazardous, illicit, or dangerous materials:

• Prohibited Items: Contraband, illegal narcotics, unlicensed weapons/ammunition, uncertified explosives, corrosive acids, fireworks, radioactive materials, animal carcasses, and contraband articles restricted under the Indian Penal Code or Customs Act are strictly prohibited.
• Certified Hazardous Goods (HAZCHEM): Any industrial chemicals or inflammable cargo tendered for transit must be explicitly declared in writing, accompanied by a verified Material Safety Data Sheet (MSDS), TREM Cards, statutory transport emergency kits, and compliant hazard placard labeling on transport vehicles.
• Surrender and Offloading: Kamal Logistic reserves the absolute statutory right to inspect, offload, destroy, or surrender to civil/police authorities any undeclared, misdeclared, or dangerous goods at any point during transit, entirely at the consignor’s sole financial cost and criminal liability.

5 Transit Timelines & Force Majeure

All delivery timelines, estimated arrival schedules (ETAs), and transit windows communicated by Kamal Logistic are calculated as bona fide operational estimates and do not constitute guaranteed time-bound warranties:

• Exclusion of Consequential Losses: Kamal Logistic shall under no circumstances be liable for indirect commercial damages, production downtimes, lost profits, contractual penalties, or consequential losses resulting from transit delays.
• Force Majeure Events: Kamal Logistic is completely excused from delay or non-performance caused by events beyond reasonable commercial control, including but not limited to: Acts of God, severe monsoon floods, earthquakes, landslides, national or state highway closures, toll plaza system outages, transport union strikes, civil commotions, border blockades, curfew orders, or statutory inspections by governmental agencies.

6 Limitation of Carrier Liability & Insurance (“Owner’s Risk”)

Unless explicitly agreed otherwise in a signed commercial agreement and upon payment of prescribed carrier insurance surcharges, all consignments are carried strictly under “Owner’s Risk” (OR) conditions:

• Carriage by Road Act Limitations: In the event of proved carrier negligence or culpable fault, Kamal Logistic’s financial liability is strictly capped in accordance with Section 10 and Section 11 of the Carriage by Road Act, 2007.
• Mandatory Marine / Transit Insurance: Consignors and shippers are strongly advised and expected to procure comprehensive, all-risk Marine Cargo / Transit Insurance covering 100% of the invoice value of the consignment against road accidents, overturns, hijackings, fire, and transit damage.
• Damage Certificate Issuance: In the unfortunate event of road transit accident or physical cargo damage, Kamal Logistic will issue a formal Open Delivery Certificate / Damage Certificate to facilitate the shipper’s claims settlement with their underwriters.

7 Demurrage & Detention Charges

To maintain fleet cycle efficiency and national corridor logistics fluidity, standard loading and unloading operational windows are enforced:

• Free Loading & Unloading Windows: Consignors and consignees are granted a standard free operational window of 2 to 4 hours (dependent on vehicle tonnage and trailer category) upon reporting of the vehicle at the designated facility.
• Demurrage / Detention Billing: For loading or unloading delays exceeding the free window caused by consignor or consignee operational delays, labor unavailability, or facility congestion, detention charges (demurrage) will be levied per hour or per day as per prevailing vehicle category rate cards.
• Lien on Cargo: Under Section 13 of the Carriage by Road Act, 2007, Kamal Logistic retains a legal and general possessory lien on cargo for all unpaid freight, demurrage, detention, and transit charges.

8 Jurisdiction & Dispute Resolution

Any disputes shall first be subjected to mutual, good-faith conciliation between senior executive management of both parties before invoking formal judicial proceedings under the Arbitration and Conciliation Act, 1996 of India.