Terms & Conditions

For Shipper

The terms & conditions laid down below apply to all the direct shippers availing freight forwarding services of Nexxus Freight Logistics Systems Pvt. Ltd.-

• As per IATA guidelines it is the sole responsibility of the shipper for declaration of goods and Nexxus Freight assists the shipper in forwarding and/or undertake customs clearance activity.
• It is the responsibility of the shipper to provide to Nexxus Freight all KYC documents and the authority letter to carry out the forwarding and/or clearance of shipper’s goods.
• The shipper agrees to pay to Nexxus Freight the invoice amount including GST within approved credit days from the date of the shipment or invoice date whichever is earlier in case of export shipments and within 5 days in case imports shipments. The custom duty charges and other clearance charges shall be payable in advance in both import and export as may be applicable.
• Credit limits shall be subject to Force majeure
• The shipper agrees to sign Cash-and-Carry agreement with Nexxus Freight if his shipment is accepted by Nexxus Freight under this mode and make payment in advance, prior to tendering the shipment for execution, by means of Bank Draft or RTGS only after confirming freight and other charges from Nexxus Freight.
• The shipper doesn’t have any right to challenge the invoice of Nexxus Freight if the same is not contested in writing,within three days of the receipt of the invoice. Nexxus Freight charges are calculated in accordance with the rate applicable to shipper’s shipment as agreed and set out in the invoice. Nexxus Freight may check the gross weight and volume weight of the number of pieces given by the shipper and if there is any discrepancy between shippers’ s declared chargeable weight, the shipper agrees that Nexxus Freight chargeable weight may be used for the purpose of calculation. It is also agreed by the shipper that all duties and taxes on goods or services and all other charges levied on the shipment at the destination shall be payable to Nexxus Freight by the consignee or his agent. It is agreed that if receiver refuses to pay at destination, the shipper shall make the full payment to Nexxus Freight within seven days of Nexxus Freight Notifying the shipper.
• Nexxus Freight reserves the right to charge interest on all outstanding invoice at the rate of 2% per month, notwithstanding anything to the contrary in any agreement with the shipper.
• The shipper warrants that the contents of the shipment (including but not limited to weight and numbers of items) have been properly described on the Shippers letter of Instructions (SLI) and the SLI is complete in all respects and the documents required for the shipment including invoice,e-awb, permits etc. are enclosed with the SLI.
• The shipper shall ensure that the contents of the consignment and the consignee’s full address with postal code and telephone numbers have been accurately and legibly completed on an address label securely fixed at a prominent position to the outer surface of the shipment. It shall also be ensured by the shipper that the contents have been packed safely and carefully to protect them against the ordinary risks of transport or in the performance by Nexxus Freight of other services including any associated sortation and/or handling process.
• The shipper shall ensure that the consignment has been prepared in secure premises, by reliable staff employed by his reliable staff, and the consignment has been protected against unauthorized interference during preparation, storage and transportation immediately prior to hand over to us.
• The shipper shall ensure that the contents of the consignment are not prohibited items and/or not restricted by the applicable regulations and that the shipper shall supply to Nexxus Freight any dangerous goods declaration that is needed, properly and accurately in accordance with all applicable laws, rules and regulation and neither shipper nor the consignee is the person or organization with whom Nexxus Freight or shipper may not legally trade under any applicable laws or regulations.
• That all statement and information and documents provided by the shipper relating to the consignment are true and correct and shipper acknowledges that in the event that the shipper makes untrue or fraudulent statement about the consignment or any of its content, the shipper would risk a civil claim and/or criminal prosecution the penalties for which may include forfeiture and sale.
• The shipper agrees to indemnify and hold Nexxus Freight harmless from any claims that may be brought against Nexxus Freight or its agent arising from the information provided by the shipper or omission from providing the information.
• The shipper shall make complete payment to Nexxus Freight as agreed irrespective of the non-delivery of the consignment due to non-payment of the shipper or his consignee of the applicable duty/levy.
• The shipper and the consignee shall be jointly and severally liable for the payment of all duties, taxes and charges including stamp duties as applicable on the carriage and other services as well as on all documents including the consignment.
• That the shipper will not hold Nexxus Freight responsible for any demurrage or relocation charges if shipment is held up due any unforeseen reasons at origin, transit or destination and the shipper shall be liable to pay for the freight as well as any other charges involved.
• Cargo must be insured by the Shipper/Consignee. Nexxus Freight will not be responsible for any loss/damage due mishandling. However Nexxus Freight shall support by providing the required documents for initiating insurance claim by the Shipper/Consignee. For airport to airport shipments, the conditions of carriage shall be applicable and claim shall be restricted as per the Warsaw convention and as per terms and conditions mentioned on the Airway bill.
• Nexxus Freight assumes no liability on account of damage and reserves right to receive freight payment for the services rendered including the shipment in which delay, loss or damage may occur.
• Shipper will not hold Nexxus Freight responsible for any demurrage or relocation charges if shipment is held up due any unforeseen reasons beyond Nexxus Freight control at origin, transit or destination and shipper shall be liable to pay for the freight as well as any other charges involved.
• It is also agreed that in case of any violation of rules/procedure/regulations, Shipper shall be responsible all the consequences related to such consignments or for any default or any other violation pertaining to customs /Government/any other statutory authorities’ procedures, rules and regulations including legal issues that may arise at the time of shipment or in future, contents of boxes, compliance of customs laws and guidelines and rules framed there-under pertaining to shipments and all relevant documentations that may be required.
• The courts at New Delhi shall have sole and exclusive jurisdiction for purposes of any dispute between Nexxus Freight and the Shipper. Any dispute arising between Nexxus Freight and Shipper will be subject to jurisdiction of Courts in Delhi only and not anywhere else in spite of the cause of action lying outside Delhi.
• Exclusions:
• Nexxus Freight will not be liable for any loss of income, loss of profits, loss of markets, loss of reputation, loss of opportunity even if Nexxus Freight had acknowledged that such damages or loss might arise or for any indirect, incidental, special, or consequential damages or loss howsoever arising including without limitation breach of contract, negligence, wilful act of default
• Nexxus Freight is not liable if it does not fulfill any obligations towards shipper at all as a result of circumstances beyond its 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 disaster.
• Force majeure including but not limited to (war, accidents, acts of public enemies, strikes, embargoes, perils of 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 shipment
• Criminal acts of the third parties such as theft and arson
• Customs clearance stoppage of work or systems delay and failure
• By shipper’s acts or omissions or those of third party:
• Shipper being in breach of (or any other party claiming an interest in the shipment causing shipper to breach) shipper’s obligations under these terms and conditions and in particular those warranties set out in conditions above
• An act or omission of any customs, airline, airport or government official.
• The contents of the shipment consisting of any article that is a prohibited item or any other discrepancy of any nature whatsoever pertaining to shipment even though Nexxus Freight may have accepted the shipment by mistake.
• Global disruptions caused due any pandemic like Covid-19 or local epidemic of India
• The above terms & conditions are binding on all the shippers with whom Nexxus Freight goes into business irrespective of any formal agreement with the concerned shipper.
• The shippers are duty bound to read these Terms & Conditions on Nexxus Freight site and is applicable on Pan India basis to all the branches of the Shipper/Consignee.

For Sub – Agent

Nexxus Freight is a company engaged in the business of rendering various Freight Forwarding services to our business associates, herein termed as sub-agents, who require the services of Nexxus Freight. Nexxus Freight agrees to provide its freight forwarding services in a professional manner to sub-agents on the terms and conditions as laid down below-

• Freight forwarding services provided by Nexxus Freight are on a non-exclusive and Principal to Principal basis.
• Freight charges shall be quoted on shipment to shipment basis and invoiced accordingly.
• GST at applicable rate shall be charged on above charges.
• All TDS certificates will be issued after each quarter of the financial year.
• Applicable ACMES charges shall be charged.
• Clearance charges for air shipments for each station to be decided on shipment to shipment basis.
• All taxes present & future additional taxes etc. thus levied by the government/local authorities etc. shall be paid by sub-agents.
• Credit limits shall be subject to Force majeure
• Sub-agent undertakes to keep confidential, and to ensure that its employees keep confidential, the details of all the transactions contemplated or executed with Nexxus Freight as well as all information relating to the business operations and affairs, unless such confidential information is or comes into the public domain, and/or the disclosure is authorized by Nexxus Freight and/or such disclosure is required by law.
• Nexxus Freight will issue security declaration to airlines on behalf of sub-agent but sub-agents hall be fully liable for any liability so arising against the same from the airlines. Sub-agent has to ensure that shipments tendered through Nexxus Freight were received from a shipper or other person with whom sub-agent has an established relationship for at least 180 calendar days, which has an established shipping address, credit or invoice history of at least 180 calendar days OR a person originating or tendering a shipment where sub-agent has an established relationship or payment, credit or invoice history with the consignee or bill-to party of at least 180 calendar days. An established business relationship is an association between person (“persons” includes individuals and entities) that may also include a documentary history of sales contacts or activities, other documented correspondence or business records.
  All shipments tendered by sub-agent through Nexxus Freight were accepted by sub-agent through a secure transport, either directly from the shipper or picked up by sub-agent or their regulated agent. It is also the liability of the sub-agent to ensure that their consignments do not contain cargo that has either originated, transferred from or transited through any points in Egypt, Yemen, Syria and Somalia.
  It is the sole liability of sub-agent to ensure that cargo tendered by sub-agent through Nexxus Freight does not contain any of unauthorized explosives, incendiaries or other destructive substances or items which may cause any damage to the aircraft, property or humans. It is also the liability of the sub-agent to ensure that the cargo contents of the shipment are the same as that described on the manifest or air waybill.Sub-agent has also given their consent for any search or inspection of their cargo.
• Sub-agent shall fully indemnify, depend & hold Nexxus Freight harmless from and against all claims, liability, losses or damages, recoveries, proceedings, actions, Judgment costs, charges & expenses which may be made or brought or commences against the Nexxus Freight or which the Nexxus Freight may or may have to bear, pay or suffer directly or indirectly in connection with any breach of Nexxus Freight conditions by sub-agent or its agents, employees, officers, its customers etc.
• Sub-agent shall ensure that the contents of the shipment are not prohibited items and/or not restricted by the applicable regulations and that sub-agent will supply to Nexxus Freight any dangerous goods declaration that is needed, properly and accurately in accordance with all applicable laws, rules and regulation and neither sub-agent nor the consignee is the person or organization with whom sub-agent or Nexxus Freight may not legally trade under any applicable laws or regulations.
• Sub-agents shall ensure that all statements, information and documents provided by them relating to the shipment are true and correct and sub-agent acknowledges that in the event that any untrue or fraudulent statement is made about the shipment or any of its content, sub-agent would risk a civil claim and/or criminal prosecution, the penalties for which may include forfeiture and sale, compensation etc.
• Sub-agent agrees to indemnify and hold Nexxus Freight harmless from any claims that may be brought against Nexxus Freight or its agent arising from the information provided by sub-agent that shall be due and payable to Nexxus Freight, the charges as agreed, irrespective of the non-delivery of the shipment due to non-payment by sub-agent of the applicable duty/levy.
• Nexxus Freight will not be liable for any loss of income, loss of profits, loss of markets, loss of reputation, loss of opportunity even if Nexxus Freight had acknowledged that such damages or loss might arise or for any indirect, incidental, special, or consequential damages or loss howsoever arising including without limitation breach of contract, negligence, wilful act of default.
• Nexxus Freight is not liable if obligations are not fulfilled towards a sub-agent at all as a result of circumstances beyond control of Nexxus Freight such as (but not limited to):

1. Acts of god including earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost or other natural calamities or disaster.
2. Force majeure including but not limited to (war, accidents, acts of public enemies, strikes, embargoes, perils of air, local disputes or civil commotions,
3. National or local disruptions in air or ground, transportation networks and mechanical problems to modes of transport or machinery
4. Latent defects or inherent vice in the contents of the shipment
5. Criminal acts of the third parties such as theft and arson
6. Delay in shipment delivery by Carrier
7. Customs clearance stoppage of work or systems delay and failure
8. Change in Government Policy/rules and non-clearance by any Government department
9. Global disruptions caused due any pandemic like Covid-19 or local epidemic of India

• Sub-Agent will have to abide by the policy rules, regulations & instructions of Nexxus Freight as revised/modified from time to time, with mutual consent of sub-agent in respect of all matters including security deposit etc.
• All payments by sub-agent to Nexxus Freight shall be made on 13th and 28th of every month (For February Month on the 24th) based on fortnightly CSRs. In the event of delay interest @24% per annum shall be charged.
• In case of any Debit and /or Debit note received from Airlines for shipments booked on behalf of sub-agent or routed through sub-agent the same shall be paid by sub-agent in full to Nexxus Freight.
• All MAWBs shall be issued by Nexxus Freight only after receipt of booking instructions
• duly filed and signed and stamped or on official email by authorized personnel of sub-agent. Sub-agent will provide the name designation and specimen signature of nodal and authorized persons to Nexxus Freight.
• Sub-agent will not make any alterations, amendments, additions or deletions to any charges or in any other columns on any copy of the AWB’s once issued. Any amendment shall be done only on written request by the authorized person of sub-agent and the same shall be carried out by authorized personnel of Nexxus Freight only.
• It is also agreed that in case of any violation of rules/procedure/regulations, sub-agent shall be responsible all the consequences related to such consignments or for any default or any other violation pertaining to customs /Government/any other statutory authorities’ procedures, rules and regulations including legal issues that may arise at the time of shipment or in future, contents of boxes, compliance of customs laws and guidelines and rules framed there-under pertaining to shipments and all relevant documentations that may be required.
• All discrepancies noticed in the CSRs/Invoices by sub-agent must be sent to Nexxus Freight within three days from the date of issue of CSRs/Invoices. The discrepancies, if any or Debit Notes will not be entertained if the same are not received by Nexxus Freight within three days from the issue of the CSRs/Invoices.
• The courts at New Delhi shall have sole and exclusive jurisdiction for purposes of any dispute between Nexxus Freight and the sub-agent. Any dispute arising between Nexxus Freight and sub-agent will be subject to jurisdiction of Courts in Delhi only and not anywhere else in spite of the cause of action lying outside Delhi.
• Sub-agent will not hold Nexxus Freight responsible for any demurrage or relocation charges if shipment is held up due any unforeseen reasons beyond Nexxus Freight control at origin, transit or destination and sub-agent shall be liable to pay for the freight and any other charges involved.
• Cargo must be insured by the Shipper/Consignee. Nexxus Freight will not be responsible for any loss/damage due mishandling. However Nexxus Freight shall support by providing the required documents for initiating insurance claim by the Shipper/Consignee. For airport to airport shipments, the conditions of carriage shall be applicable and claim shall be restricted as per the Warsaw convention and as per terms and conditions mentioned on the Airway bill.
• Nexxus Freight assumes no liability on account of damage and reserves right to receive freight payment for the services rendered including the shipment in which delay, loss or damage may occur.
• The above terms and conditions are binding on all the sub-agents with whom Nexxus Freight goes into business on Pan-India basis irrespective of any formal agreement with the concerned sub-agent.
• Sub-agents are duty bound to read these Terms & Conditions on Nexxus Freight site.