Terms and Condition

1) The Nature, Condition and Value of the goods consigned by the Consignor (The "Consignment(S)") are
unknown to Winter Logistics Private Ltd, (the "Company"). The Company carries the goods in the same
condition as it was, when packed by the Consignor.

2) The Consignment is said to Contain ______and is carried at the sole risk and cost of the
owner/Consignor.

3) The Consignor warrants that he is the owner or the authorized agent of the owner of the Consignment
and accept the terms and conditions contained herein for himself / itself and / or as agent for and on
behalf of any other person having any interesting the Consignment.

4) By tendering the materials to be carried by the Company, the Consignor Shall be deemed to have
read, understood and agreed to the terms and conditions here in contained.

5) The Company reserves the right to refuse to ship any goods without assigning any reason whatsoever,
including without limitation, goods not conforming to the terms and conditions here in contained, or which
are discovered at the time of Temperature check by the company, to have been stored at the inadequate
temperature or at a temperature different from that stated by the Consignor, or which are discovered, at
the time of quantity Check by the company, to be of a quantify different from the declaration made by the
consignor to the Company.

6) The Company shall not bear any responsibility, or be in any manner liable, for leakage, shortage,
breakage, damage by sunlight, weather, flood, fire accidents, strikes or other cause beyond its control.

7) The Consignor warrants that the Consignment is in accordance with the description provided in this
Waybill and/or any other document submitted, or representation made, by the consignor, including but not
limited to the dimensions (Length, breadth, height) and weight of the Consignment etc. and that the
Consignment has at all times been stored and maintained at the temperature at which the Consignor has
requested that the Consignment be transported or as otherwise expressly made known to the Company.

8) The Consignor warrants that’s the Consignment does not contravene the provisions of any law for the
time being in force.

9) In the event that the Consignment or any part thereof, is damaged while in custody of the Company
(damage in transit etc.) the Consignor will be notified of the same and the Consignor will be notified of the
same and the Consignor agrees to take steps to take delivery of the Consignment within fifteen days of
receipt of notice from the company, falling which, the Company will be at liberty to dispose of the
Consignment at the risk and cost of the Cosigner and will not liable for any claims, demands of
consequences whatsoever.
10) Notwithstanding anything contained herein or elsewhere, the Company shall not be liable in any event
or under any circumstances for any indirect, consequential, special, punitive or other similar damages or
losses however arising and whether or not the company had or has knowledge of the possibility of such
damages or losses, including but not limited to, loss of income profits, interest, utility etc.

11) Without prejudice to the foregoing, the total liability of the Company, whether arising in contract ortort
or any other branch or theory of law, shall not exceed under any circumstances, in the aggregate, the
freight paid for the Consignment by the Consignor.

12) The Company shall not be liable for any or damage to the Consignment or a delay in picking up or
delivering the Consignment, if such loss, damage or delay is:
a) Due to Acts of God / Force Majeure occurrence or any factor which is reasonably beyond the control of
the Company including but not limited to floods; cyclones : earthquakes : fires ; accidents involving the
vehicles carrying the Consignment; wars; riots; strikes, sabotage; orders of governmental or other
statutory authorities, national emergency or other like cause or circumstance;
(b) Due to default, act or omission on the part of the Consignor, the Consignee or any person acting on
their behalf
(c) Due to any inherent defects, act or omission on the part of any other carrier acting on behalf of the
Consignor or Consignee;
(d) Due to the actions of any Government officials acting, or purporting to act, in discharge of their official
functions or duties:
(e) Due to any inherent defects in the Consignment;
(f) If the Consignor makes a wrong declaration as to the contents of the Consignment, the temperature at
which the Consignment was entrusted to and received by the Company, the temperature at which the
Consignment is required to be maintained etc. or as to any other relevant matter
(g) If transport of the Consignment by road or any other specific mode is prohibited or restricted in any
manner.
(h) If the Consignment was already damaged prior to the Consignor rendering the Consignment unto the
Company:
(i) If the delay, detention, loss or damage is a result of any act or omission on the part of the Consignor,
or
(j) If prior to, or at the time of handing over the Consignment to the Company, the temperature of the
Consignment was not maintained at the requisite temperature for proper storage of the Consignment or in
the event of any temperature variations were observed or recorded during any inspections, whether by
any statutory authorities or otherwise.
(k) If the Consignment is not accompanied by proper Invoice, permits or other required documents to be
provided by the Consignor and is detained by any statutory authorities, in which event, any expenses or
losses incurred by the Company shall be borne by the Consignor and shall be promptly reimbursed to the
Company upon written demand by it.

13) Notwithstanding anything contained herein, the Company shall not under any circumstances be liable
for any delay in pick up, transportation or delivery of the Consignment, regardless of the cause of such
delay.
14) The Company assumes no liability for any errors and/or omissions in any information/ data in respect
of the Consignment under the Waybill.

15) The Consignor agrees and accepts that the Consignment is being carried by the Company from the
point of rendering up to the address shown on the Waybill and in case the Consignment has to be re-
routed / re-directed / returned for any reason whatsoever, the Consignor shall pay in advance, the
charges levied by the Company for such re-routing / redirection/return and also all costs and expenses
incurred therefore, including without limitation, Octroi, State and local taxes etc. as applicable.

16) The delivery of the Consignment is to be taken by the Consignee immediately when the Consignment
arrives at the address specified in the Waybill or within 48 (Forty Eight) hours of its arrival at the storage
facility of the Company, depending on the facts of the case, failing which, demurrage charges at the rate
of Rs.0.15 (Fifteen Paisa) per kg. Per day shall be levied and imposed against the owner of the
Consignment (the Consignor or the Consignee as the case may be). The storage of the Consignment, in
such a case, shall be at the sole risk of the Consignee, and the company shall bear no responsibility for
the same. The Company shall hold the unclaimed Consignment for a medium period of 10 (Ten) days.
After the expiry of the aforementioned period, the Company reserves the right to destroy, sell or otherwise
dispose of the Consignment without informing the Consignor or the Consignee and the Consignor shall
indemnity the Company against any claims or liabilities arising as a result thereof.

17) Notwithstanding anything contained herein, the Consignor shall be solely responsible for packing of
the materials rendered for shipment, including placement of such materials inside the containers supplied
by the company (if any).

18) The Consignor or the Consignee, as the case may be, shall be responsible for and shall deal and
interact with, all Octrol, Customs & Excise, Sales Tax and other tax officers and any other statutory
authorities, in connection with any assessments etc., at the destination or point of arrival of the
Consignment.

19) The Consignor hereby irrevocably indemnifies and shall keep Indemnified the Company and its
directors, officers, employees and agents from and against any and all losses, damages, penalties,
proceedings, actions, consequence etc., that may be instituted by any Government Officials in discharge
of their official duties (Customs, octroi etc.) or may otherwise arise. Further, the Consignor Irrevocably
Indemnities and agrees to keep indemnified, the Company, its directors, officers, employees and agents
from and against all losses, damages, penalties, proceedings, actions, consequences etc. that may be
incurred in any action Instituted under the provisions of the Prevention of Food Adulteration Act, 1954,
and/or the Rules made there under or any other relevant provisions of law applicable to the Consignment,
and hereby absolves the Company of any liability under such enactments/laws etc.

20) The Company shall not be liable for any wrong delivery of the Consignment when the Consignment is
delivered to the person/entity who is nominated as entitled or authorized to take delivery thereof.
21) The Company is entitled to re-weigh the Consignment at the destination and may collect, before
delivering the Consignment, such amounts that may have been omitted or undercharged.

22) The freight rate stated at the booking station shall be deemed to be approved by the Consignor and
Consignee.
Such rate shall not be open to re-consideration or negotiation at the destination.

23) The Company shall not entertain any complaints, claims or enquiries of any kind relating to the
Consignment, unless the same is made within 90 (Ninety) days from the date of booking or within 3
(Three) days from the date of delivery, whichever is earlier.

24) The Courts in Bangalore shall have the exclusive jurisdiction in respect of all disputes, claims or other
matters arising out of or relating to the carriage of the Consignment.

25) The Consignor may, if it so desires, at its own cost, insure the goods, which are the subject matter of
this transaction and the Company is not bound to insure the same.

26) Any notices issued by the Sales Tax NAT or other authorities relating to the carriage of the
Consignment shall be dealt with by the Consignor or Consignee as the case may be, and the Company
shall not be responsible or bound to take steps for protecting the interests of the Consignor/ Consignee.

27) The responsibility of the Company for the Consignment shall cease when the Consignee takes
delivery of the Consignment or ought to have such delivery, or acknowledges receipts of the same on the
delivery sheet or elsewhere.

28) Any Octrol, Sales Tax, VAT, Duties or any other taxes or expenses as may be applicable on the
Consignment and outstanding, shall be payable by the Consignee at the time of, and as a condition for
the delivery of the Consignment. Additionally, the Consignor shall be solely liable for all costs and
expenses, including with limitation, octroi, state and local taxes, etc. incurred in retuning the Consignment
to the Consignor or warehousing the Consignment pending such return.

29) The Company shall have a lion on the Consignment for all freight charges, octroi, customs, Central,
State and local taxes, and all other charges of any kind arising out of transportation and warehousing
services or otherwise due to the Company. The Company may, in the event of any such amounts owing
to the Company not being paid or reimbursed within 7 (Seven) days of demand thereof by the Company,
have the right to dispose of or otherwise deal with the Consignment at the sole risk and cost of the
Consignor/ Consignee and to recover from the proceeds thereof, all such amounts due to it.

30) In the aforesaid event, the Consignor/Consignee shall also be liable to pay to the Company, all
storage charges and at the demurrage for any storage undertaken by the Company, at the rates
prescribed herein.
31) Without prejudice to the foregoing or any other legal remedies that may be pursued by the Company
to recover amounts due to it by the Consignor or the Consignee, the Company reserves the right to sell
the Consignment by way of public auction, tender, private arrangement or otherwise or even destroy the
Consignment, if such amounts are not paid to the Company within 10 days of arrival of the Consignment
at the agreed destination. The Company will also be entitled, in such event to recover from the Consignor/
Consignee, any costs and expenses incurred by the Company in this connection.

32) Failure by the Company to enforce at any time or for any period any one or more of the terms or
conditions contained herein shall not be a waive of them or of the right at any time subsequently to
enforce all the said terms and conditions.

33) If any part of the terms and conditions contained herein are held to be void, voidable or invalid by any
court, tribunal or adjudicating authority, the remaining part/s hereof shall stand and be in full force and
effect.

34) The parties understand and agree that the terms and conditions contained herein are in addition to
those contained in any specific agreement entered into between the parties (if any). These terms and
conditions shall be binding on the parties unless expressly waived and, in the event that the terms and
conditions of a specific agreement between the parties contradict, or are in conflict with, the terms and
conditions herein contained, the terms and conditions herein contained shall prevail.