← Back

Terms and Conditions

These terms and conditions of service constitute a legally binding contract between the “Company” and the “Customer”. In the event the Company renders services and issues a document containing Terms and Conditions governing such services, the Terms and Conditions set forth in such other document(s) shall govern those services.

1. Domain Name:
   www.24thmile.com www.24thmile.com ("Website/Site") is owned by TEMGIRE Consultancy Services (P) Limited, a company incorporated under the Companies Actwith its registered office at 103, Chandrang Silver, Javalkarnagar, Pimple Gurav, Pune-411061. Maharashtra, INDIA.The objective of the Website is to provide a digital platform for logistics services offering freight comparison, shipment booking & tracking Services. The Website simply serves as an online marketplace for buyers and sellers of domestic and international freight services to meet, buy and sell their respective services.
2. Definitions:
   • Company: shall mean TEMGIRE Consultancy Services (P) Limited
   • Customer: 24thMile for which the Company is rendering Platform services
   • Service Provider: shall mean Freight Forwarder, Transporter and other Services Provider to Customers
   • Documentation: shall mean all information received directly or indirectly from Customer, whether in paper or electronic form
   • Ocean/Air/Road Transportation Intermediaries: shall include an ‘freight forwarder’ and a ‘non-vessel operating carrier’,
   • Third parties: shall include, but not be limited to, the following: “carriers, truckmen, cartmen, lightermen, forwarders, customs brokers, agents, warehousemen and others to which the goods are entrusted for transportation, cartage, handling and/or delivery and/or storage or otherwise”.
3. Company's Portal acts as a Platform
   The Company`s Portal acts as a Platform through Service Provider to the Customer for the purpose of performing duties in connection with the Logistics and documentation for the Customers and other dealings with Government Agencies or for arranging for transportation services or other logistics services in any capacity subject to approved charges.
4. Limitation of Actions
   Any loss incurred by Service Provider to Customer or vice Versa. Portal and Company will not responsible for it.
   i. For any and all other claims of any other type, within two (2) years from the date of the loss or damage.
5. No Liability for The Selection or Services of Third Parties and/or Routes
   Unless services are performed by persons or firms engaged pursuant to express written instructions from the Customer, Company shall use reasonable care in its selection of third parties, or in selecting the means, route and procedure to be followed in the handling, transportation, clearance and delivery of the shipment; advice by the Company that a particular person or firm has been selected to render services with respect to the goods, shall not be construed to mean that the Company warrants or represents that such person or firm will render such services nor does Company assume responsibility or liability for any actions(s) and/or inaction(s) of such third parties and/or its agents, and shall not be liable for any delay or loss of any kind, which occurs while a shipment is in the custody or control of a third party or the agent of a third party; all claims in connection with the Act of a third party shall be brought solely against such party and/or its agents; in connection with any such claim, the Company shall reasonably cooperate with the Customer, which shall be liable for any charges or costs incurred by the Company..
6. Quotations: Accepted Quotation within a validity period;
   fees, rates of duty, freight charges, insurance premiums or other charges given by the Company or Service Provider to the Customer are liable to pay after as per payment terms & Conditions.
7. Dependence On Information Furnished
   • a. Customer acknowledges that it is required to review all documents and declarations prepared and/or filed withCustoms & Border Protection, other Government Agency and/or third parties, and will immediately advise the Company of any errors, discrepancies, incorrect statements, or omissions on any declaration or other submission filed on Customers behalf;
   • b. In preparing and submitting customs entries, export declarations, applications, security filings, documentation and/or other required data, the Company relies on the correctness of all documentation, whether in written or electronic format, and all information furnished by Customer; Customer shall use reasonable care to ensure the correctness of all such information and shall indemnify and hold the Company harmless from any and all claims asserted and/or liability or losses suffered by reason of the Customer’s failure to disclose information or any incorrect, incomplete or false statement by the Customer or its agent, representative or contractor upon which the Company reasonably relied. The Customer agrees that the Customer has an affirmative non-delegable duty to disclose any and all information required to import, export or enter the goods.
   • c. Customer acknowledges that it is required to provide verified weights obtained on calibrated, certified equipment of all cargo that is to be tendered to steamship lines and represents that Company is entitled to rely on the accuracy of such weights and to counter-sign or endorse it as agent of Customer in order to provide the certified weight to the steamship lines. The Customer agrees that it shall indemnify and hold the Company harmless from any and all claims, losses, penalties or other costs resulting from any incorrect or questionable statements of the weight provided by the Customer or its agent or contractor on which the Company relies.
8. Declaring Higher Value to Third Parties
   Third parties to whom the goods are entrusted may limit liability for loss or damage; the Company will request excess valuation coverage only upon specific written instructions from the Customer, which must agree to pay any charges therefore; in the absence of written instructions or the refusal of the third party to agree to a higher declared value, at Company’s discretion, the goods may be tendered to the third party, subject to the terms of the third party’s limitations of liability and/or terms and conditions of service..
9. Insurance
   Unless requested to do so in writing and confirmed to Customer in writing, Company is under no obligation to procure insurance on Customer’s behalf; in all cases, Customer shall pay all premiums and costs in connection with procuring requested insurance.
10. Disclaimers; Limitation of Liability
    • Except as specifically set forth herein, Company makes no express or implied warranties in connection with its services;
    • b. In connection with all services performed by the Company, Customer may obtain additional liability coverage, up to the actual or declared value of the shipment or transaction, by requesting such coverage and agreeing to make payment therefor, which request must be confirmed in writing by the Company prior to rendering services for the covered transaction(s).
    • c. In no event shall Company be liable or responsible for consequential, indirect, incidental, statutory or punitive damages, even if it has been put on notice of the possibility of such damages, or for the acts of third parties.
11. Advancing Money
    All charges must be paid by Customer in advance unless the Company agrees in writing to extend credit to customer; the granting of credit to a Customer in connection with a particular transaction shall not be considered a waiver of this provision by the Company
12. Indemnification / Hold Harmless
    The Customer agrees to indemnify, defend, and hold the Company harmless from any claims and/or liability, fines, penalties and/or attorneys’ fees arising from the importation or exportation of customers merchandise and/or any conduct of the Customer, including but not limited to the inaccuracy of entry, export or security data supplied by Customer or its agent or representative, which violates any Federal, State and/or other laws, and further agrees to indemnify and hold the Company harmless against any and all liability, loss, damages, costs, claims, penalties, fines and/or expenses, including but not limited to reasonable attorney’s fees, which the Company may hereafter incur, suffer or be required to pay by reason of such claims; in the event that any claim, suit or proceeding is brought against the Company, it shall give notice in writing to the Customer by mail at its address on file with the Company.
13. C.O.D. or Cash Collect Shipments
    Company shall use reasonable care regarding written instructions relating to “Cash/Collect on Deliver (C.O.D.)” shipments, bank drafts, checks, credit and other similar payment documents and/or instructions regarding collection of monies but shall not have liability if the bank or consignee refuses to pay for the shipment.
14. Costs of Collection
    In any dispute involving money owed to Company, the Company shall be entitled to all costs of collection, including reasonable legal fees and interest or the highest rate allowed by law, whichever is less unless a lower amount is agreed to by Company.
15. General Lien and Right to Sell Customer’s Property.
    • Company shall have a general and continuing lien on any and all property of Customer coming into Company’s actual or constructive possession or control for monies owed to Company with regard to the shipment on which the lien is claimed, a prior shipment(s) and/or both. Company’s lien shall survive discharge and delivery of the goods;
    • Company shall provide written notice to Customer of its intent to exercise such lien, the exact amount of monies due and owing, as well as any on-going storage or other charges; Customer shall notify all parties having an interest in its shipment(s) of Company’s rights and/or the exercise of such lien.
    • Unless, within thirty days of receiving notice of lien, Customer posts cash or letter of credit at sight, or, if the amount due is in dispute, an acceptable bond equal to 110% of the value of the total amount due, in favour of Company, guaranteeing payment of the monies owed, plus all storage charges accrued or to be accrued, Company shall have the right to sell such shipment(s) at public or private sale or auction and any net proceeds remaining thereafter shall be refunded to Customer.
16. Obtaining Binding Rulings , Filing Protests, etc
    Unless requested by Customer in writing and agreed to by Company in writing, Company shall be under no obligation to undertake any pre- or post-Customs release action, including, but not limited to, obtaining binding rulings, advising of liquidations, filing of petition(s) and/or protests, etc.
17. Preparation and Issuance of Bills of Lading
    Where Company prepares and/or issues a bill of lading, Company shall be under no obligation to specify thereon the number of pieces, packages and/or cartons, etc.; unless specifically requested to do so in writing by Customer or its agent and Customer agrees to pay for same, Company shall rely upon and use the cargo weight supplied by Customer.
18. No Modification or Amendment Unless Written
    These terms and conditions of service may only be modified, altered or amended in writing signed by both Customer and Company; any attempt to unilaterally modify, alter or amend same shall be null and void.
19. Compensation of Company
    The compensation of the Company for its services shall be included with and is in addition to the rates and charges of all carriers and other agencies selected by the Company to transport and deal with the goods and such compensation shall be exclusive of any brokerage, commissions, dividends, or other revenue received by the Company from carriers, insurers and others in connection with the shipment. On ocean exports, upon request, the Company shall provide a detailed breakout of the components of all charges assessed and a true copy of each pertinent document relating to these charges. In any referral for collection or action against the Customer for monies due the Company, upon recovery by t the Company, the Customer shall pay the expenses of collection and/or litigation, including a reasonable attorney fee.
20. Force Majeure
    Company shall not be liable for losses, damages, delays, wrongful or missed deliveries or non-performance, in whole or in part, of its responsibilities under the Agreement, resulting from circumstances beyond the control of either Company or its sub-contractors, including but not limited to:
    • acts of God, including flood, earthquake, storm, hurricane, power failure or other natural disaster;
    • war, hijacking, robbery, theft or terrorist activities;
    • incidents or deteriorations to means of transportation,
    • embargoes,
    • civil commotions or riots,
    • defects, nature or inherent vice of the goods,
    • acts, breaches of contract or omissions by Customer, Shipper, Consignee or anyone else who may have an interest in the shipment,
    • acts by any government or any agency or subdivision thereof, including denial or cancellation of any import/export or other necessary license; or ,
    • strikes, lockouts or other labour conflicts,
21. Severability
    In the event any Paragraph(s) and/or portion(s) hereof is found to be invalid and/or unenforceable, then in such event the remainder hereof shall remain in Full force and effect. Company’s decision to waive any provision herein, either by conduct or otherwise, shall not be deemed to be a further or continuing waiver of such provision or to otherwise waive or invalidate any other provision herein.
22. Governing Law; Consent to Jurisdiction and Venue
    These terms and conditions of service and the relationship of the parties shall be construed according to the laws of the State of Maharashtra, India without giving consideration to principles of conflict of law. Customer and Company
    • all matters shall be to the jurisdiction of the Court of Pune, India;
    • agree that any action relating to the services performed by Company, shall only be brought in said courts;
    • consent to the exercise of in personam jurisdiction by said courts over it, and
    • further agree that any action to enforce a judgment may be instituted in Pune jurisdiction only