Warehousing and Logistics Terms and Conditions of Service

1. Definitions

• “Charges”: All amounts due to Shift Logistics, including storage, handling, transportation, and other service-related costs.
• “Customer”:The individual, firm, corporation, or entity that has entered into a contract with Shift Logistics for services.
• “Goods”: The items stored, handled, or shipped by Shift Logistics on behalf of the Customer.
• “Service”: The warehousing, logistics, and order fulfillment services provided by Shift Logistics.
• “Wallet”: A prepaid account where customers can add money and from which charges are deducted for shipping services.
• “Rate Discrepancy”: Additional charges incurred when the actual weight or dimensions of a shipment exceed those declared by the Customer.

2. Service Providers

Services may be provided by Shift Logistics or one or more of its affiliates. Affiliates are not liable for the acts or omissions of Shift Logistics.

3. Tender of Goods

All goods tendered for storage or handling must be delivered to the designated warehouse, properly marked and packed. Shift Logistics will store and deliver goods in their original packaging unless otherwise specified.

4. Storage Location

Goods will be stored at the Provider’s discretion within the warehouse complex identified in the Services Contract. Shift Logistics may move goods within the warehouse complex without notice to the Customer.

5. Cloud-Based Shipping Software

• Service Access: Customers can access our cloud-based shipping software to choose shipping carriers, manage shipments, and view shipment history.
• Wallet Management: Customers must add funds to their wallet in advance. Charges for shipping services will be deducted from this wallet. Customers are responsible for maintaining sufficient balance in their wallet to cover shipping costs.
• Rate Discrepancies: If a carrier determines that the actual weight or dimensions of a shipment exceed those declared by the Customer, the Customer will be responsible for any additional charges. These charges will be deducted from the Customer’s wallet or billed separately if insufficient funds are available.

6. Charges and Payment Terms

• Storage Charges: Charges for storage will be billed in advance and are due upon receipt of the invoice. Goods are stored on a month-to-month basis unless otherwise agreed in writing.
• Handling Charges: Handling charges cover the ordinary labor and duties incidental to receiving and delivering goods at the warehouse dock. Additional charges apply for services beyond these basic tasks.
• Other Charges: Additional services, such as special handling or transportation, are chargeable to the Customer. All charges are due upon receipt of the invoice.

7. Liability and Limitation of Damages

Shift Logistics and its affiliates are not liable for any loss, damage, or destruction of goods unless caused directly and exclusively by our negligence. Our total liability for damages is limited to the lesser of the actual cost to the Customer, the fair market value of the goods, or a specified amount per pound.

8. Indemnification

The Customer shall indemnify and hold harmless Shift Logistics and its affiliates from any and all losses arising out of or related to the services provided, including personal injury, property damage, or any breach of these terms and conditions.

9. Insurance

Goods are not insured by Shift Logistics unless expressly agreed in writing. The Customer is responsible for insuring their goods.

10. Lien and Security Interest

Shift Logistics has a lien on the goods for all charges due. Upon nonpayment of any charges, Shift Logistics may sell the goods to satisfy the lien.

11. Force Majeure

Shift Logistics is not liable for any failure to perform due to events beyond its control, such as natural disasters, acts of war, or government actions.

12. Subcontractors

Shift Logistics may subcontract services to third parties. Subcontractors are not liable for the acts or omissions of Shift Logistics.

13. Hazardous Materials

Shift Logistics does not handle hazardous materials unless expressly agreed in writing. The Customer warrants that their goods are not hazardous and agrees to indemnify Shift Logistics against any losses arising from the handling of such materials.

14. Import and Export Laws

The Customer is responsible for complying with all applicable import and export laws and obtaining any necessary licenses or permits.

15. Warranties

Shift Logistics makes no warranties except those expressly set forth in these terms and conditions. All other warranties, express or implied, are disclaimed.

16. Dispute Resolution

Any disputes arising under these terms and conditions will be resolved through arbitration in Hyderabad, Telangana, India. The arbitration will consist of three arbitrators, one appointed by each party, and the third chosen by mutual agreement.

17. Governing Law

These terms and conditions are governed by the laws of India. Any disputes will be subject to the exclusive jurisdiction of the courts in Hyderabad, Telangana.

18. Miscellaneous

• Notices: All notices must be transmitted by commercially reasonable means and directed to Shift Logistics at 5th Floor, Vijay 66 North, Jubilee Enclave, HITECH City,Hyderabad, Telangana 500081.
• Amendments: These terms and conditions may be amended only by a written instrument executed by the party to be bound thereby.
• Severability: If any part of these terms is declared invalid, the remaining parts will remain in effect.
• Assignment: The Customer’s rights under these terms may not be transferred without Shift Logistics’ prior written consent.
• Entire Agreement: These terms and conditions constitute the entire agreement between the parties and supersede all previous agreements.

By using Shift Logistics services, you agree to these terms and conditions. If you do not agree, do not use our services.