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TERMS & CONDITIONS FOR USE OF OUR SERVICE

The following Terms & Conditions shall apply to customers utilising the Services offered by the Company for the hiring of vehicles:

The customer shall pay the fare (as agreed), parking charges, additional night surcharge (where applicable) and any fee or levy presently payable or hereinafter imposed by the Applicable Law or required to be paid for availing the Services of TRUCK EXPRESS SERVICES PVT. LTD..

The customer agrees and accepts that the use of the Services provided by the Company is at the sole risk of the Customer, and further acknowledges that the Company disclaims all representations and warranties of any kind, whether express or implied.

The customer shall ensure that he/she will not indulge in any of the following activities while availing the service:

  • Soiling or damaging the body and/or any other interiors of the vehicles.
  • Misusing, soiling or damaging any of the devices (technical/non-technical) in the vehicle.
  • Asking the driver to break any Traffic/RTO/City Police and/or government rules for any purpose. The driver has the right to refuse such a request by the customer. The driver also has the right to refuse such a pick-up.
  • Pressurizing the driver to overload truck with the consignment than the allowed limit.

The Customer shall indemnify Company from and against and in respect of any or all liabilities, losses, charges and expenses (including legal fees and costs on a full indemnity basis) claims, demands, actions and proceedings which Company may incur or sustain directly or indirectly from or by any reason of or in relation to the use or proposed use of the Services by the Customer and shall pay such sums on demand on the Company.

The Company is hereby authorized to use the location based information provided by any of the telecommunication companies when the Customer uses the mobile phone to make a vehicle booking. The location based information will be used only to facilitate and improve the probability of locating a trucks for the Customer.

The Company shall be entitled to disclose to all companies within its group, or any government body as so required by the Applicable Law or by directive or request from any government body, the particulars of the Customer in the possession of Company in any way as Company, in its absolute discretion, deems fit or if it considers it in its interests to do so.

The Company shall be entitled at any time without giving any reason to terminate the booking of the vehicle done by the Customer. User(s) shall indemnify TRUCK EXPRESS SERVICES PVT. LTD. with respect to any expenses incurred with respect to such booking.

In case of lost items during the transit, Company will try to locate the items on a "best-effort" basis but is not responsible for the same in case of loss or damage or theft or misappropriation to / of the same. TRUCK EXPRESS SERVICES PVT. LTD. Leases the software and aggregates the vehicles for the purposes of providing Services. In the event of loss of any item, User(s) shall not have any right to withhold the payment to be made to TRUCK EXPRESS SERVICES PVT. LTD. Further, in the event any payments from the User to TRUCK EXPRESS SERVICES PVT. LTD. are pending for the period prescribed by TRUCK EXPRESS SERVICES PVT. LTD. in its respective invoice / statement, TRUCK EXPRESS SERVICES PVT. LTD. reserves the right, in accordance with the Applicable Law, to exercise particular lien over the consignment till full payment is made to TRUCK EXPRESS SERVICES PVT. LTD. for the Services. Additionally, User(s) will be liable to indemnify TRUCK EXPRESS SERVICES PVT. LTD. against any loss, damage or expenses incurred by it due to the custody of the consignment during this period.

Any complaint in respect of the Services or the use of the vehicles, the Customer has to inform the Company of the same in writing within 24 hours of using the vehicles or Services of the Company.

The Company shall not be liable for any conduct of the drivers of the vehicles. However, the Company encourages you to notify it, of any complaints that you may have against the driver/vendor that you may have hired using the Company's Services.

The Company shall be entitled to add to, vary or amend any or all these terms and conditions at any time and the Customer shall be bound by such addition, variation or amendment once such addition, variation or amendment are incorporated into these terms and conditions at Company's website at www.truckexpress.in on the date that Company may indicate that such addition, variation or amendment is to come into effect.

All the calls made to the Company's call centre are recorded by the Company for quality and training purposes. In the event you place a query on our app/website including any query with respect to our Services, applicable fees or Terms of Service, you hereby expressly agree to consent to receive our responses, whether by way of telephonic calls or electronic mail, to such query and all related information with respect to our Services. For removal of doubts, related information shall include without limitation any marketing and/or commercial information. You understand, agree and acknowledge that such information shall in no event, qualify as unsolicited commercial communication under the Telecom Unsolicited Commercial Communications Regulations, 2007 and/or due to disclosure of such information, our telephone numbers shall not qualify to be registered under the 'National Do Not Call Register' or the 'Private Do Not Call Register' in accordance with the Telecom Unsolicited Commercial Communications Regulations, 2007 or any other Applicable Law.

Cancellation Policy

All cancellations made 5 minutes after driver/ truck allocation will incur a cancellation fee of INR. 5000/- (Indian Rupees Fifty only). Cancelling four bookings in a day after driver/ truck allocation will temporarily suspend your account for 24 hours. Figures are subject to change.

LABOUR SERVICES

TRUCK EXPRESS SERIVCES PVT. LTD. provides the option to Customers to utilize Labour Services by clicking on the “Include Labour” toggle on the review screen of the website/App.

“Labour Services” means that the service provided by the labour wherein labour undertakes the task of loading/unloading the consignment of goods from the loading/unloading point to the vehicle or vice-versa, as the case may be.

“Labour” means the driver of the vehicle and the person accompanying him in the vehicle.

By clicking on the “Include Labour” toggle on the review screen of the Website/App or by availing the Labour Services, the Customer agrees to the following terms and conditions. These terms shall be applicable in addition to the terms and conditions applicable to the customers for hiring of vehicles:

  • You acknowledge that the Labour Service is provided only for ground floor to ground floor loading/unloading.
  • You acknowledge that the ground floor movement (distance between the transport vehicle and the loading/unloading point) shall not exceed 25 metres.
  • You acknowledge that the extra charges (as visible in the Invoice) for the Labour Service shall be payable by you.
  • You agree that you shall be present in person at the time of loading/unloading of Consignment. If you are not available, an authorised representative must be present.
  • You agree that TRUCK EXPRESS SERVICES PVT. LTD. shall not be liable for misbehaviour of the labour during the loading/unloading. However, you are requested to bring to the notice of Company such incidents. The Company, in its sole discretion, may take action in such matters.

YOUR OBLIGATIONS

  • You warrant, undertake and guarantee to us:
    • The contents of the consignment (including but not limited to weight and number of items) have been properly described on our consignment note and that the Consignment Note is complete in all respects and the documents as required for the transporting the consignment including invoice, permits are enclosed with the Consignment Note.
    • That the contents of the Consignment are not Prohibited Items and/or are not restricted by the applicable regulations and that you will supply to us any Dangerous Goods declaration that is needed, properly and accurately in accordance with Applicable Law and neither you nor the consignee is a person or organisation with whom we or you may not legally trade under Applicable Law.
    • That the contents of the Consignment are not Prohibited Items and/or are not restricted by the applicable regulations and that you will supply to us any Dangerous Goods declaration that is needed, properly and accurately in accordance with Applicable Law and neither you nor the consignee is a person or organisation with whom we or you may not legally trade under Applicable Law.
    • That all statements and information and documents provided by you relating to the Consignment will be true and correct and you acknowledge that in the event that you make untrue or fraudulent statement about the Consignment or any of its contents, you would risk a civil claim and/or criminal prosecution the penalties for which may include forfeiture and sale. You agree to indemnify us and hold us harmless from any claims that may be brought against us or our agents arising from the information provided by you.
    • We are authorised to deliver the goods at the address mentioned on the Consignment Note and without prejudice to the foregoing it is expressly agreed that we shall be conclusively presumed to have delivered the goods in accordance with this contract. We will be sending the delivery confirmation by SMS/e-mails, no-response within 24 hours would be considered as an affirmative to the delivery.
    • You have declared the correct weight of the consignment and you will provide any special equipment we may need to load or unload the consignment on or off our vehicles.
    • You have declared the correct weight of the consignment and you will provide any special equipment we may need to load or unload the consignment on or off our vehicles.
    • When you have asked us to charge the receiver or a third party and the receiver or third party does not pay us you will promptly settle our invoice together with an administration fee in full within 7 days of us sending you the invoice
    • Applicable Law has been complied with by you.
  • You understand, agree and acknowledge that the Services are not suitable for transportation of valuables like cash, gold, silver, diamond, precious stones, jewels or jewellery, expensive luxury items etc. (“Valuables”). If you handover / load the vehicles with Valuables for transportation, any loss / damage / theft / misappropriation to / of the consignment shall be at your risk and not ours, for the reasons mentioned earlier and without prejudice, we shall not only have the right to explicitly and specifically disclaim any liability and/or responsibility arising/accruing from the damage / loss / theft / misappropriation to/of the consignment or any contents of the consignment, but also the right to claim indemnification from you where we have suffered loss of reputation / goodwill due to your actions of breaching our terms of service.
  • You understand, agree and acknowledge that if the consignment or any contents thereof are of the value exceeding INR 25,000/- (Indian Rupees Twenty-Five Thousand only), you shall get the consignment insured from a General Insurance company operating in India before handing over the consignment for transportation. In absence of adequate insurance to cover loss of goods in transit or in absence of wrong or non-declaration of the consignment details / value, and whether insured or not, the transportation of the consignment shall be entirely at your risk and not ours and we explicitly and specifically disclaim any liability and/or responsibility arising/accruing from the damage / loss / theft / misappropriation or any insurable loss to / of the consignment or any contents of the consignment and you further agree to indemnify us in all those cases where we have suffered loss of reputation / goodwill due to your actions of breaching our terms of service.
  • You agree to indemnify us and hold us harmless from any liabilities we may suffer or any costs, damages or expenses, including legal costs, we incur either to you or to anyone else arising out of you being in breach of any of these warranties, representations and guarantees, even if we inadvertently accept a consignment that contravenes any of your obligations.
  • You certify that all statements and information you provide relating to the transportation of the consignment will be true and correct. You acknowledge that in the event that you make untrue or fraudulent statements about the consignment or any of its contents you risk a civil claim and/or criminal prosecution the penalties for which include forfeiture and sale of your consignment. To the extent that we may voluntarily assist you in completing the required customs and other formalities such assistance will be rendered at your sole risk. You agree to indemnify us and hold us harmless from any claims that may be brought against us arising from the information you provide to us and any costs we will incur regarding this, and pay any administration fee we may charge you for providing the Services described in this condition.
  • The customer agrees and acknowledges that the use of the Services offered by Company is at the sole risk of the customer and that Company disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes are excluded to the fullest extent permitted by Applicable Law. Without prejudice to the above, the Company makes no representation or warranties with respect to:
    • The Services meeting the customer's requirements
    • The Services will be uninterrupted, timely, secure, or error-free.
    • Any responsibility or liability for any loss or damage, howsoever caused or suffered by the Customer arising out of the use of Services offered by Company or due to the failure of Company to provide Services to the Customer for any reason whatsoever including but not limited to the Customer's non-compliance with the Services' recorded voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of Company or any person or any organization involved in the above mentioned systems.
    • Any liability for any damages of any kind arising from the use of the Service offered by the Company, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
    • Any liability for any damages of any kind arising from the use of the Service offered by the Company, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
    • Any additional or extra charges for far off locations & toll charges as well.
    • Any alternate arrangement(s) if the vehicle has not reached due to any reason.
  • We are not liable if we do not fulfill any obligations towards you at all as a result of:
    • Circumstances beyond our control such as (but not limited to):
      • Acts of god including earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost or other natural calamities or disasters
      • Force majeure including (but not limited to) war, epidemics, pandemics, accidents, acts of public enemies, strikes, embargoes, perils of the air, local disputes or civil commotions.
      • National or local disruptions in air or ground transportation networks and mechanical problems to modes of transport or machinery.
      • Latent defects or inherent vice in the contents of the consignment.
      • Criminal acts of third parties such as theft and arson.
    • Your acts or omissions or those of third parties such as:
      • You being in breach of (or any other party claiming an interest in the consignment causing you to breach) your obligations under these terms and conditions.
    • The contents of the consignment consisting of any article that is a prohibited item / Dangerous Goods / Valuables even though we may have accepted the consignment by mistake or you have willingly handed it over to us without notifying / informing / declaring to us.

DANGEROUS GOODS / SECURITY

  • Dangerous Goods
    • We do not carry, nor perform other Services regarding, goods which are in our sole opinion Dangerous Goods including, but not limited to, those specified in the regulations, guidelines, technical instructions, codes applicable to us and our business or to the transport of, or the performance of other Services regarding, Dangerous Goods.
    • We may at our discretion accept some Dangerous Goods for carriage, or for the performance of other Services, in some locations if you have been accorded the status of an approved customer and this must be given by us in writing before your consignment can be accepted. Your Dangerous Goods will only be accepted if they comply with the applicable regulations and our requirements. Details of our requirements together with the procedure for applying for approved customer status are available from our nearest office and a dangerous goods surcharge will be invoiced to you upon acceptance of your consignment.
  • Prohibited Items: We do not accept consignments that contain prohibited items.
  • We accept consignments only upon your declaration of the type and value of the consignment (“said to contain” basis). We have no responsibility whatsoever as to the correctness of description, type or value thereof and you agree to indemnify us and hold us harmless from any claims that may be brought against us arising out of or relating to such declaration provided by you and any costs we will incur relating thereto.

REJECTED CONSIGNMENTS

If the receiver refuses to accept delivery, we will try to contact you and agree to the next action if it is appropriate. You agree to pay us any costs we incur in forwarding, disposing of or returning the consignment and our charges (if any) for the agreed appropriate next action. If user(s) terminates the agreement with TRUCK EXPRESS SERVICES PVT. LTD. with respect to any consignment, user(s) shall be liable to pay TRUCK EXPRESS SERVICES PVT. LTD. the entire fees and other expenses so incurred with respect to such consignment.

CLAIMS BROUGHT BY THIRD PARTIES

You undertake to us that you shall not permit any other person who has an interest in the consignment to bring a claim or action against us arising out of Carriage even though we may have been negligent or in default and if a claim or action is made you will indemnify us against the consequences of the claim or action and the costs and expenses we incur in defending it.

The above mentioned terms and conditions of use and/or Agreement and the Privacy Policy constitute the entire agreement between the User(s) and TRUCK EXPRESS SERVICES PVT. LTD. with respect to access to and use of the web site and the Services offered by TRUCK EXPRESS SERVICES PVT. LTD., superseding any prior written or oral agreements in relation to the same subject matter herein.