In these Terms and Conditions, unless the context otherwise requires, the following terms shall have the same meaning as set out hereinafter.

• "AXB" shall mean Air Xpress Bill
• "Consignee" shall refer to the person, company or firm to whom the shipment is to be delivered.
• "Material and/or Article and/or Goods" shall mean the shipment being sent.
• "Owner" refers to the person, company or firm who owns the shipment.
• "Shipper" refers to the person, company or firm sending a shipment.

• The AXB is non-negotiable and the Shipper acknowledges that it has been prepared by the Shipper or by Kingfisher on behalf of the Shipper.
• The responsibility of Kingfisher for a shipment accepted under an AXB ceases when the Consignee acknowledges the receipt of the shipment by affixing his signature on the Return to Origin copy and/or the delivery sheet.
• All shipments under the AXB are carried at Owner's risk.
• The Shipper shall ensure that the AXB provided by Kingfisher is signed by a person authorized to sign it on behalf of the Shipper and the Shipper will be bound by the signature of such person on the AXB. The AXB shall be prima facie evidence of the conclusion of the Contract, of the acceptance of these Terms and Conditions.
• The Shipper shall be responsible for the correctness of the particulars and statements in the AXB.
• The AXB shall be prima facie evidence of the weight or measure and other particulars of the Materials and the number of packages stated therein. However; particulars relating to the quantity, volume and condition of the Materials shall not constitute evidence against Kingfisher except so far as they have been and are stated in the AXB to have been checked by Kingfisher in the presence of the Shipper.

• The Shipper warrants that he is the Owner or the authorized agent of the Owner of the Materials and that the Shipper hereby accepts the Terms and Conditions for itself and/or as an agent for and on behalf of any other person having any interest in the shipment.
• The Shipper warrants that each Article in the shipment is properly described on AXB, and it does not contravene the provisions of the Indian Post Office Act or any other law for the time being in force, and has not been declared by Kingfisher to be unacceptable for transport as specified hereinbelow, and that the shipment is properly marked, addressed and packed to ensure safe handling.
• The Shipper shall be solely liable for all costs and expenses (which shall without limitation include Octroi, state and local taxes and toll taxes related to the shipments and for costs incurred either in returning the shipment to the Shipper or warehousing the shipment pending such return.
• The Shipper accepts and acknowledges that the shipment is being carried by Kingfisher from point of rendering only up to the address shown on the AXB and in case this shipment has to be rerouted/redirected/returned for any reason whatsoever, the Shipper shall pay in advance all charges levied by Kingfisher for such rerouting/ redirection/return as per the normal schedule of Kingfisher, as also any Octroi, State, Local Taxes etc. applicable thereon. Kingfisher will hold such shipments at Destination mentioned on the AXB for maximum period of 10 days from the date of shipment. Thereafter, Kingfisher reserves the right to destroy the shipment without informing the Shipper, and the Shipper indemnifies Kingfisher against any claim or liability in this regard, in any manner whatsoever.
• Packing of the Material rendered for shipment is the responsibility of the Shipper, including placement of such Material inside the container, if any, supplied by Kingfisher.

• Kingfisher reserves the right to open and/or inspect the shipment, if necessary and shall incur no liability of any kind therefor.
• Kingfisher reserves the right to refuse shipments without assigning any reason whatsoever.
• In accordance with applicable regulations, X-ray screening of the shipments may be undertaken and the Shipper and the Consignee hereby waive any possible claims against Kingfisher for damages as a result thereof.
• Kingfisher shall not be liable in any circumstances for any claim, which relates to seizure or detention of Goods by law enforcement or other government authorities.

• It shall be the sole responsibility of the Shipper to insure all the shipments at their own costs and expense.

Kingfisher reserves the right to assess fuel and other surcharges on shipments without notice from time to time. The duration and amount will be determined at Kingfisher’s sole discretion. The Shipper by tendering his shipment to Kingfisher agrees to pay the surcharges in force.

• Each shipment must be legibly and durably marked with the full name and complete postal address with the PIN Code and telephone number of both the Shipper and the Consignee. Kingfisher shall not be liable for non delivery on account of incomplete or erroneous address being furnished by the Shipper.
• It is the Shipper’s obligation to ensure that all shipments entrusted to Kingfisher are prepared and packed adequately to ensure safe carriage with normal care in handling. Any Article susceptible to damage as a result of any condition which may be encountered during handling or transportation must be adequately protected by the Shipper by proper packaging and Kingfisher shall not be liable for any damage or shortages occurring as a result of improper packing.

• The charges for shipment of Goods from origin to destination are exclusive of octroi, or any other tax levies that may be applicable to the shipment, from time to time, either at origin, en route or destination. Such levies, duties and taxes shall be payable by the Shipper at the time of delivery of the shipment.
• The Shipper shall always remain ultimately liable for payment of all costs, charges and expenses (which shall without limitation include octroi, state and local taxes , toll tax and not paid for by the Consignee) related to the Shipment and for costs incurred either in returning the shipment to the Shipper or warehousing the shipment pending such return. Kingfisher will not extend any credit for Octroi and/or other statutory charges to be paid by the Shipper and/or Consignee.

• Every shipment shall be charged by its chargeable weight, as defined hereunder, and not the actual weight. The chargeable weight shall be the higher of
  • the actual weight rounded off to the next higher one kg as per the rate category agreed to, or
  • the volume weight similarly rounded off as in (a) above.
• Volume weight of the shipment, in kilograms, is its gross cubic volume in cubic centimeters divided by 6000.

• The Shipper acknowledges Kingfisher’s right of lien on its shipments for any outstanding freight, any other applicable charges, Central, State and Local taxes, duties, levies, advances arising out of transportation and warehousing services, whether pertaining to past or present outstanding, in respect of any or all shipments carried under this Contract and may refuse to surrender possession of the shipments until all such charges are paid.
• Furthermore, if such charges are not paid to Kingfisher within 10 days from the date of arrival into destination, then Kingfisher may store the Materials at the defaulting Shipper/Consignee’s own risk.
• Upon the Shipper failing to pay the costs, charges and expenses within 10 days from the receipt of the Material to Destination as stated hereinbefore, Kingfisher reserves its right to sell the Materials by public auction, tender, private agreement or otherwise or even destroy the Materials without prejudice to Kingfisher’s other legal remedies to recover its costs, charges and expenses.
• Kingfisher shall have the right to dispose off/sell the perishable Goods immediately and without any notice to the Shipper in case of non payment of charges, costs and expenses by the Shipper. Shipper shall keep Kingfisher indemnified against all such claims, charges and expenses incurred by Kingfisher in this regard due to such perishable Goods entering into the network of Kingfisher.
• If the Consignee refuses delivery or to pay on delivery, or the Shipment is deemed to be unacceptable, or it has been undervalued for customs / octroi purposes or Consignee cannot be reasonably identified or located, Kingfisher shall use reasonable efforts to return the Shipment to the Shipper at Shipper's cost, failing which the Shipment may be released, disposed off or sold by Kingfisher without incurring any liability whatsoever to the Shipper or anyone else. The proceeds shall be applied against service charges and related administrative costs and the balance of the proceeds of the sale shall, be returned to Shipper after adjusting outstanding dues, if any.

• Kingfisher shall not be liable, in any event for any consequential, incidental or special damages, or direct or indirect loss, claims or expenses of whatsoever nature and howsoever arising.
• Kingfisher will not, under any circumstances, be liable for damages or loss caused by any delay in pickup, transportation or delivery of any shipment regardless of the cause of such delays.
• Kingfisher will not, under any circumstances, be liable for damages or loss caused due to confiscation of the shipment or any part thereof ay any government, semi-government authorities including but not limited to Octroi authorities.
• No liability is assumed for any errors and/or omissions in any information/data that is imparted in respect of the shipment travelling under Air Xpress Bill.
• In the event Kingfisher, at the request of the Shipper, arranges to deliver the shipment by post, Kingfisher will not be liable to the Shipper in any manner whatsoever for any loss or damage or delay in delivery of the Shipment.
• The Shipper agrees that Kingfisher shall not be liable to the Shipper, Consignee or any other person for any loss or damage caused to the shipment or any part thereof, or any diminution in the value of the shipment or any part thereof, by Kingfisher exercising its right to sell by public auction, tender, private agreement or otherwise or destruction of the same.
• Kingfisher will not be liable in any manner whatsoever to the Shipper or any third party if the Consignee has accepted the shipment by signing on the proof of delivery without any objectionable remarks. The responsibility of Kingfisher in respect of the shipment ceases immediately once the shipment is duly received at the point of Destination by the recipient by affixing his signature on the copy of the Air Xpress Bill and/or the delivery sheet.
  • In the event of any loss or damage to shipments, which are insured, Kingfisher may at the issue Loss / Damage / Shortage Certificate with the sole purpose of enabling the Shipper to lodge insurance claim with its insurance company. The Shipper agrees and acknowledges that the Loss / Damage / Shortage Certificate will be issued by Kingfisher , without admission of any claim, and that Kingfisher shall be discharged of all liabilities, if any arising out of the shipment on acceptance of the Loss / Damage / Shortage Certificate by the Shipper.
  • Kingfisher shall make every reasonable effort to deliver the Shipment according to Kingfisher delivery schedules, but these are not guaranteed and do not form part of the Contract and Kingfisher is not liable for any damages or loss caused by delays.
  • Kingfisher shall not be liable for any loss and/or damage to the shipment or delay in picking up or delivery of the shipment if the loss and/or damage to the shipment or delay in picking up or delivery of the shipment are caused due to the acts of God, force majeure occurrence including but not limited to strikes, riots, political and other disturbances, fire, floods, tsunami, flight delays , refusal by the Consignee to accept the shipment or to give proper acknowledgment thereof, accident of the vehicle or caused by any factors beyond the control of Kingfisher.

• Kingfisher shall not be liable in any event for any consequential or special damages or other direct or indirect loss howsoever arising, whether or not Kingfisher has knowledge that such damages might be incurred, including but not limited to loss of income, profits, interest, utility or loss of market.

• Shipper shall indemnify and hold Kingfisher harmless for any costs, losses, claims, actions or damage suffered or incurred including any legal costs arising out of Shipper ‘s failure to comply with any applicable laws or regulations and for Shipper’s breach of following warranties and representations:
  • All information provided by the Shipper and/or its associate is complete and accurate.
  • The shipment ware prepared in secure premises by Shipper and/or sender’s employees.
  • Shipper protected the shipment against unauthorized interference during preparation, storage and transportation by Kingfisher.
  • Shipment is properly marked and addressed and packed to ensure safe transportation with ordinary care in handling.
  • All applicable laws including customs, import, export and other laws and regulations have been complied with; and the Xpress Bill has been signed by the Shipper’s authorized representative and the terms and conditions constitute binding an enforceable obligations of the Shipper.
  • The shipment does not contain any banned, restricted or dangerous items.
• The Shipper shall keep Kingfisher indemnified against freight, and other charges including, penalties, clearance charges, octroi, cess, warehousing / storage charges, taxes by whatsoever name called, levied on the shipment, in the event of non-payment of freight and all other charges, payable by the consignee.
• The Shipper shall keep Kingfisher indemnified against any loss, damage, costs, expenses arising out of any action or proceedings initiated by any authority (judicial, regulatory or any similar authority) on account of any act and/or omissions by the Shipper.
• Kingfisher does not carry any perishable Goods. Kingfisher shall have the right to discontinue further movement of shipment if such shipment is found to be unfit for transportation. In such an event of Kingfisher finding such shipment unfit for further transportation then, Kingfisher shall have the right to dispose off or sell the Goods immediately with or without any notice and the Shipper shall keep Kingfisher indemnified against all claims, charges and expenses incurred by Kingfisher.

• Any claim must be brought by the Shipper and delivered in writing to the office of Kingfisher nearest to the location at which the shipment is accepted within 30 days of the date of such acceptance. No claim can be made against Kingfisher beyond this time limit.
• No claim for loss or damage will be entertained until all charges have been paid. The amount of any such claim will not be deducted from any transportation charges owed to Kingfisher.

• The Consignor is allowed to ship up to a limited no. of packages on a single AXB as may be notified from time to time.
• The maximum size per piece, maximum allowable weight per shipment, pick-up and delivery times, value added services, payment options and list of stations vary for each Articles and the Shipper should contact Kingfisher for details.
• Transit times vary for each service and depend on the Origin-Destination pair.

Except as per written agreement between Shipper and Kingfisher, Kingfisher will not carry Materials as under.

• Classified as hazardous Material, dangerous Goods, prohibited Goods, banned or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), any applicable government department or other relevant organization.
• Not permitted by the laws/rules/restrictions in force or no customs declaration is made when required by applicable customs regulations and / or any other relevant laws.
• Kingfisher shall not transport an item including but not limited to animals, bullion, currency, bearer negotiable instruments, share certificates and blank shares, precious metals and stones, firearms or parts thereof and ammunition, human remains, pornography and illegal narcotics/drugs).

Any dispute, difference, controversy of claim arising out of or relating to these Terms and Conditions shall be resolved by mutual negotiations. However, any such unresolved dispute, differences, controversy or claim arising out of these Terms and Conditions shall be referred to a sole independent arbitrator to be appointed by Kingfisher in accordance with the provisions of Arbitration & Conciliation Act 1996 or any amendments thereof. The venue of such arbitration shall be Mumbai.

These Terms and Conditions shall be construed in accordance with the laws of India. Any proceedings arising under this contract shall be subjected to the exclusive jurisdiction of courts of Mumbai only and no other court shall have jurisdiction.