The Customer’s attention is drawn to the Clauses hereof which exclude or limit the Company’s Liability and those, which require the Customer to indemnify the company in certain circumstances.

The content of this Site ("Content") is the property of the Company, and all right, title and interest in all Content belongs solely to the Company.

You may access and use Content for any legitimate business purpose; provided, however, that you may not use this Site or any Content for any purpose prohibited by the Company, in its sole discretion, upon notice of such prohibited purpose from the Company.

Any access or attempt to access other areas of any computer equipment on which this Site is located, or other information contained on such computer equipment for any purpose, is prohibited.

In these Conditions: "Company" is Kpatel Group.

"Person" includes any association of Body of persons, whether incorporated or not.

"Owner" means the Owner of the goods (including any packing, containers or equipment) to which any business concluded under these conditions relates and any other person who is and may become interested in them.

"Customer" means any person at whose request or on whose behalf the company undertakes any business or provides advice, information or services.

Subject to Sub – Paragraph (B) below all and any activities of the Company in the course of business whether gratuitous or not are undertaken subject to these conditions.

If any legislation is compulsorily applicable to any business undertaken, these conditions shall, as regards such business, be read as subject to such legislation.

The Customers warrants that he is either the owner or the authorized Agent of the Owner and also that he is accepting these conditions not only for himself but also as Agents for and on the Owner.

Subject to Clauses 13 and 14 below the Company shall be entitled to procure any or all the services as an Agent or to provide those services as a Principal.

The offer and acceptance of an inclusive price for accomplishment of any services shall not itself determine whether any such services is or services are to be arranged by the Company acting as Agent or to be provided by the Company acting as a Contracting Principal.

When acting as an Agent the Company does not make or purport to make any contract with the Customer for the carriage, storage, packing, or handling of any goods nor any physical service in relation to them and acts solely on behalf of the Customer in securing services by establishing contracts with Third Parties.

The Company shall on demand by the Customer provide evidence of any Contract Entered into as Agents for the Customer.

When and to the extent that the Company has contracted as Principal for the performance of any of its services, it undertakes to perform and/or in its own name to procure the performance of any of those services.

When and to the extent that the Company in accordance with these conditions is acting as an agent on behalf of the Customer, the Company shall be entitled and the Customer hereby expressly authorizes the Company to enter into contracts on behalf of the Customer.

The Company may arrange contracts for the carriage of goods by any route or means or person.

The Company may arrange services for storage, packing, transshipment, loading, unloading or handling of goods by any person at any place and for any length of time.

The Company may arrange carriage or storage of goods in or on transport units with other goods of whatever nature and may perform such acts as may in the opinion of the Company be reasonably necessary in the performance of the obligations in the interest of the Customer.

The Company reserves to itself a reasonable liberty as to the means, route and procedure to be followed in the handling, storage and transportation of the goods.

The Company shall be entitled to perform any of its obligations herein by itself or by its parent, subsidiary or associated Companies.

Subject to Sub-Caste (B) hereof, the company shall have a general lien on all goods and documents relating to goods in its possession, custody or control for all sums due at any time from the Customer or Owner.

The Company shall be entitled to sell or dispose of such goods or documents as Agent for and at the expense of the Customer and apply the proceeds towards payment of such sums on 28 days notice in writing to the Customer.

When the goods are liable to perish or deteriorate, the Company’s right to sell or dispose of the goods shall arise immediately upon any sum becoming due to the Company.

The Company shall be entitled to retain and be paid all brokerages, commissions, allowances and other remunerations customarily retained by or paid to Freight Forwarders.

If delivery of the goods or any part thereof is not taken by the Customer, Consignee or Owner, the Company shall be entitled to store the goods at the sole risk of the Customer.

No Insurance will be effected except upon express instructions given in writing by the Customer.

All Insurance effected by the Company are subject to the usual exception and conditions of the policies of the Insurance companies or underwriters taking the risk.

Insofar as the Company agrees to arrange Insurance the Company acts solely as Agent for the Customer using its best endeavors to arrange such Insurance.

Except under special arrangements previously made in writing, instructions relating to the delivery or release of goods in specified circumstances are accepted by the Company only as Agents for the Customer where Third Parties are engaged.

The Company shall not be under any liability in respect of such arrangements save where such arrangements are made in writing.

Advice and information, in whatever form it may be given, is provided by the Company.

The Customer shall indemnify the Company against any liability, claims, loss, damage, costs or expense relying upon such advice or information.

Except under special arrangements previously made in writing, advice and information which is not related to specific arrangements previously made in writing is provided gratuitously and without liability.

Except under special arrangement previously made in writing, the Company will not accept or deal with bullion, coin, precious stones, jewellery, valuables, antiques, pictures, human remains, livestock or plants.

Should any Customer nevertheless deliver any such goods to the Company or cause the Company to handle or deal with any such goods otherwise than under special arrangements previously made in writing, the Company shall be under no liability whatsoever for or in connection with such goods.

The Company will not accept or deal with goods of a dangerous or damaging nature, nor with goods likely to harbour or encourage vermin or other pests, nor with goods liable to taint or affect other goods, except following instructions previously received in writing and accepted by the Company.

If such goods are accepted pursuant to a special arrangement and constitute a risk to other goods, property, life or health, the Company reserves the right at the expense of the Customer to remove or otherwise deal with the goods.

The customer warrants that the description and particulars of any goods furnished by or on behalf of the customer shall be full and accurate.

All goods shall be properly and sufficiently prepared, packed, stowed, labeled and/or marked and that the preparation, packing, storage, labeling and marking are appropriate to any operations or transactions affecting the goods.

Where the Company receives goods from the Customers already stowed in or on a container, trailer, tanker, or any other device specifically constructed for the carriage of goods, the transport unit shall be in good condition and suitable for the carriage to the intended destination.

The Customer shall be liable for all loss or damage arising in connection with dangerous or damaging goods and shall indemnify the Company against penalties, claims, damages, costs and expenses arising in connection therewith.

The Customer shall save harmless and keep the Company indemnified from and against all liability, loss, damage, cost and expenses arising out of the Company acting in accordance with the Customer’s instructions.

This includes liabilities arising from any breach by the Customer of any Warranty contained in these conditions or from the negligence of the Customer.

The Customer shall pay to the Company in cash or otherwise as agreed all sums immediately when due without reduction or deferment on account of any claim, counter claim or set off.

The customer shall be liable to pay to the company interest on all sums which are overdue, calculated at 4% above the commercial rate of interest charged on short term deposits by the nationalized bank.

Despite the acceptance by Company of instructions to collect freight, duties, charges or other expenses from the Consignee or any other person, the Customer shall remain responsible for such freight, duties, charges or expenses.

Where liability for General Average arises in connection with the goods, the Customer shall promptly provide security to the company or to any other party designated by the Company in a form acceptable to the Company.

The Company shall perform its duties with a reasonable degree of care, diligence, skill and judgment.

The Company shall be relieved of liability for any loss or damage, if any and to the extent that such loss or damage is caused by strike, lock out, stoppage or restraint of labour, the consequence of which the Company is unable to avoid by the exercise of reasonable diligence.

The Company shall also be relieved from liability for any case or event which the Company is unable to prevent by the exercise of reasonable diligence.

Except under special arrangements previously made in writing, the Company accepts no responsibility for departure or arrival.

Subject to the applicable clauses, the Company’s liability however arising and notwithstanding that the cause of loss or damage be unexplained shall not exceed the limitations provided under these conditions.

Any claim by the Customer against the Company arising in respect of any service provided for the Customer or which the Company has undertaken to provide shall be made in writing and notified to the Company within 14 days of the date upon which the Customer became or should have become aware of any event or occurrence alleged to give rise to such claim.

Any claim not made and notified as aforesaid shall be deemed to be waived and absolutely barred except where the Customer can show that it was impossible for him to comply with this time limit and that he has made the claim as soon as it was reasonably possible for him to do so.

The Company shall in any event be discharged of all liability in respect of any service provided for the Customer unless suit be brought and written notice thereof given to the Company within nine months from the date of the event or occurrence alleged to give rise to a cause of action.

Any dispute arising out of any act or contract to which these conditions apply shall be subject to the exclusive jurisdiction of the Courts at Mumbai.

Any differences or dispute arising out of or in relation to anything contained in these Standard Trading Conditions shall be referred to an arbitration panel consisting of three arbitrators.

One arbitrator shall be appointed by each party and the third arbitrator shall be appointed by these two arbitrators.

The award of all or a majority of the arbitrators shall be binding on the parties.

The arbitration shall be conducted in accordance with the Arbitration and Conciliation Act 1996 or any statutory modification or re-enactment thereof and the arbitration shall be in Mumbai.