Terms and Conditions
'SELLER' or 'Tusker herein means Hosa Solutions Pvt. Ltd.
BUYER’ herein means any customer, person, party, association, firm, limited company, corporation, etc. who make an offer to the Seller to purchase the products or services.
‘PARTIES’ herein means both the Seller & Buyer.
- Order of Goods or Services: All orders placed by the Buyer shall be in writing and subject to the Seller’s acceptance. The Invoice will be raised on the Seller against the order placed and goods and services supplied in terms of the said order. The Seller shall however be at the liberty to accept or refuse any order in full or part without assigning any reasons whatsoever. Customers should declare the correct value of the consignment at the time of placing the order. Consignments are collected only when the full order manifest details are provided including but not limited to address, phone number and a declaration of the nature of goods in the consignment. Tusker reserves the right to refuse transportation services if a consignment contains prohibited or hazardous materials and if the packing is not appropriate. Customers/Shippers will be held liable for any kind of damage or action by Govt authorities if any kind of prohibited or hazardous material is transported using Tusker Service.
- Price: Price prevailing on the date of dispatch shall be applicable irrespective of the purchase order/ delivery order/ contract/ advance payment for the supplies that have been accepted/ issued. The Seller reserves the right to revise the price without any advance, further notice to the Buyer or without assigning any reason therefore. Please note that Tusker reserves the right to arrive at the pricing of any consignment at its sole discretion. Prices are inclusive of the Goods and Service Tax, wherever applicable. For certain shipment prices may be applicable on the basis of chargeable weight. Tusker reserves the right to define and apply chargeable weight based on volume.
- Examination: The Buyer should check the price, quantity, and calculations made in the invoice thoroughly. In case of any discrepancy the same should immediately be brought to the notice of the department from where the invoicing has been done.
- Applicable Taxes: Any Taxes, Cess or Duties levied by Central, State, Local or any other authority now in force or hereafter be imposed on the sale of transportation or supply/delivery of the goods and services shall be directly paid by the Buyer or if directly paid by the Seller, reimbursed to the Seller by the Buyer.
The delivery of the goods and services shall be made by the Seller at the address as notified by the
Buyer. In the event of a change of address, the Buyer shall intimate the same to the Seller.
- Tusker is closed on Sundays and National Holidays. Expected delivery times will be communicated at the time of placing the order. The Buyer shall make all arrangements to take delivery of the goods and services on the date and time informed by the Seller.
- Customers must pack the consignments and have them ready for handoff by the time the Tusker vehicle arrives for pickup.
- Any delay by the customer at the time of pick up will push the time commitments proportionately. Customers are expected to take delivery of the shipment within 10 mins of the arrival at their places, failing which Tusker reserves the right to take back the shipment.
- Please note that “expected delivery times” are only estimates used for scheduling. Tusker is not liable if an order is not delivered as per the estimated timings.
- Tusker will not be responsible for any delay in delivery beyond its own control like for any delays caused by bandh, strike, blocking of roads for any reason etc., but will do its utmost to ensure speedy delivery. While Tusker will try to ensure the best delivery time possible, please note that in such cases, there will be a delay in the delivery.
- Tusker will communicate such delays to the customer. If the receiver does not receive the goods for any reason, then Tusker will hold the goods at the Tusker depot.
- If the receiver wants the delivery again, it will be treated as a new order and the applicable charges are levied. Please note that Tusker is not responsible for storage of goods beyond the stipulated SLAs.
- If the customers do not come to pick up their consignments beyond 48 hrs of intimation (where they missed the delivery and/or there are disputes) demurrage charges as decided by Tusker would have to be paid for release of goods and Tusker will not be liable for condition of goods.
- Loading or unloading services provided by Tusker are complementary, in case of heavy loads and delivery to higher floors Tusker reserves the right to charge additional charges for loading and unloading. Customers must arrange labour, if required, at both the source and destination locations.
- Tusker is permitted to take pictures of the Goods, premises and documents at the time of pickup and delivery as a proof of pickup and delivery by the Shipper/Receiver.
Documentation and Proof of delivery (POD)
- Tusker will provide scanned copy proof of delivery along with tax invoice (delivery image, digital sign ,seal and signature on the delivery copy).
- Tusker will provide POD based on the requests which are made before 30 days of delivery. However, Requests placed after 30 days will be served with charges of Rs. 50 per POD.
- Geo Location of the delivery with corresponding task completion time stamp and the Photo with the details showing delivery would be considered as valid POD.
- In case of shipment being delivered to individuals, if the value of the consignment is more than Rs. 10,000 and above Tusker would require a copy of ID of a person taking delivery
- Providing required documents for transit of shipment (Invoice, e-waybill, etc.) will be complete responsibility of the customer. In case of seizure of shipments/vehicles due to non-compliant documentation customer will be completely responsible for dealing with the concerned GOVT authorities. And due to their non-compliance if other shipments are held, Tusker reserves the right to levy appropriate penalties and customer would be liable to pay this before the release of the shipment.
- As per new guidelines received from the authorities, shippers are to handover one copy of the invoice or relevant document, dedicatedly for use by the transporters and this has to be produced by the transporter at the time of any checks by the concerned authorities. Hence Shippers need to include the Receiver's copy inside the shipment at the time of packing and handover separately one copy of the invoice to the transporters for use during transit.
- Payment: Please note that Tusker reserves the right to arrive at the pricing of any consignment at its sole discretion. Prices are inclusive of the Goods & Service Tax. Payment is expected either from the shipper (source) or the receiver (destination). If the shipper pays, payment is required for collection of the consignment. If the receiver pays, payment is required for delivery handoff. The Buyer shall not for any reason suspend payment or make any deduction by the way of set-off. In case any amount is withheld or sought to be set-off/adjusted unless specifically agreed in writing by the Authorised Officer of the Seller such withholding/ set-off will not be accepted as valid discharge of the payment.
- Default: Failure to make a payment on the due date will attract overdue interest @18% per annum OR such other rates as may be revised from time to time by the Seller shall be payable for any period of delay. Payments are subject to realization.
Damages, Loss & Insurance:
- All arrangements for Transit Insurance and all liability for transit losses shall be decided on a case to case basis and as mutually agreed to between the parties.
- Fragile items like glass, sanitary ware, sunmica etc will not be covered under insurance provided by the company. For the latest list of fragile items please contact Customer care of Tusker before placing an order.
- Tusker does not provide packing services, consignment must be packed appropriately for shipment. Tusker is not responsible for any damages to the consignments arising due to improper packing.
- Tusker acknowledges to cover for damages and losses for all eligible shipments (Shipments without invoices, return orders and orders on declarations are not eligible) occurring during transit max up to Rs. 50000/-. Customers are advised to insure their shipments above the given value.
- No claims for loss or damage will be entertained until all charges have been paid.
- In the event of any loss or damage to consignment which are insured by the buyer, Tusker transport will issue Damage certificate with the sole purpose of enabling the shipper or receiver to lodge an insurance claim with the insurance company and tusker transport is not liable in any manner for any claim settlement or rejection from insurance company. Tusker reserves the right to reject any claim arising due to improper packing leading to damage or missing of the goods. Any reports of damages loss have to be endorsed by the receiver at the time of delivery on the transporters copy of consignment note.
- Our claims and insurance teams will decide the claim amount based on the investigation of damaged goods as per company insurance policy.
- Tusker will not owe the responsibility for any Intact damages (internal damages).
- Invoices are not eligible for the claim process. As per the norms of insurance company, reimbursement excluded from GST.
- Shipper has to ensure that the declared value has to match the invoice value. Claim will be processed as per the minimum amount.
- No claim will be entertained by Tusker transportation for any loss, shortage, damage, non-delivery, breakage, leakage and pilferage etc. for the shipment unless complaint is lodged by the receiver or shipper within 6 working hours after delivery, from the time and date of delivery of consignment (with proof of delivery) to the customer service team.
- Customers are not authorized to deduct/adjust/set off any claims from the outstanding amount payable towards freight to Tusker.
- Tusker is not responsible for damaged or leakage products which are mentioned in the wrong segment (Ex. Pharma order mentioned FMCG segment or FMCG segment mentioned in Others segment).
- If the receiver or shipper fails to provide valid proof (invoice, damage photos, and damaged product) within 2 working days Tusker will not be responsible for any claims.
- Delivery Terms: The Buyer will, in every case examine the goods and services on taking delivery and thereafter will have no claim again at the Company on account of damage to the goods and services, shortage of weight or as to the nature of the quality of the goods and services or any matter whatsoever. The Seller’s Liability for Delivery of the goods and services ceases as soon as these are placed on any mode of transportation decided mutually by the Parties. The Buyer will take delivery at his own risk.
- Unauthorized acceptance of Goods and Services: Any unauthorized party taking delivery of the goods and services mentioned herein will be criminally prosecuted and held liable for costs and charges incurred thereon.
- Lien on Goods and Services: The Seller shall have a lien on the goods and services delivered/supplied as to the unpaid as the purchase price of the goods and services and the Seller shall be entitled to exercise the said lien to recover the unpaid purchase price by taking back the goods and services and shall be entitled to sell the same to some other Buyer and adjust the sum so realized against the unpaid purchase price without prejudice to Seller’s other rights and remedies to recover the outstanding dues or other dues.
- Severability: If any provision of this contract is found by anybody of competent jurisdiction to be wholly or partly illegal, invalid, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
- Governing Law: Indian Law shall govern the Contract. Any dispute arising out of or in connection with the Contract shall be subject to the jurisdiction of the Bengaluru Courts. Dispute if any, shall be settled by arbitration in accordance with the provisions of the [Indian] Arbitration and Conciliation Act, 1996 as amended up to date. The cost of arbitration proceedings including the fee of the arbitrator shall be borne by both the parties in equal proportions. The place of arbitration shall be at Bengaluru and any award whether interim or final, shall be made, and shall be deemed for all purposes between the Parties to be made in Bengaluru. The arbitral procedure shall be conducted in the English language and any award or awards shall be rendered in English. The procedural law of the arbitration shall be Indian law. The award of the arbitral tribunal shall be final, conclusive and binding upon the Parties, and the provisions of the [Indian] Arbitration and Conciliation Act, 1996 as amended up to date, shall apply. The rights and obligations of the Parties under, or pursuant to, this Clause, including the arbitration Agreement in this Clause, shall be governed by and be subject to Indian law, and the Agreement shall be subject to the exclusive jurisdiction of the courts at Bengaluru, Karnataka, INDIA.
- Jurisdiction: This sale for the purpose of Legal Jurisdiction shall be deemed to have been concluded only at Bengaluru and only the Courts of Bengaluru shall be competent to try all cases/suits arising out of the sale.
- Performance of Products: For best results, you may seek assistance from our sales executives. All recommendations are based on in-house tests and information believed to be reliable. The performance of the products is subject to handling and /or manner of use. We shall not be liable for any damage arising out of improper use and /or handling resulting from their use. No representative of ours has any authority to waive or change this provision.
- Variation in Terms & Conditions: Any variation in these terms and conditions shall be inapplicable unless agreed upon in writing by the Seller.
- Consignments are booked under Section 10 or Section 11 of the Carriage by Road Act (2007). You can find those rules here: http://transport.bih.nic.in/Acts/The-Carriage-byRoad-Act-2007.pdf
- By agreeing to our terms and conditions, you are allowing us to communicate to you through calls, SMS, and emails on promotional and transactional activities.