STANDARD TRADING CONDITIONS (STC) Effective 2026:
These Standard Trading Conditions ( “STC”) govern all activities of Sarjak Container Lines Pvt. Ltd. (“the Company”), whether acting as Carrier (NVOCC) or as Freight Forwarder/Agent in the provision of logistics, shipping, and freight services. They apply to all quotations, bookings, delivery orders, bills of lading, invoices, and related services.
1. Definitions
In this STC, unless otherwise stated:
a) “Company” means Sarjak Container Lines Pvt. Ltd., its subsidiaries, branches, affiliates, servants, employees, agents, representatives, and subcontractors.
b) “Merchant” includes the Shipper, Consignee, Receiver, Owner, Holder of the Bill of Lading, or any person entitled to possession of the Goods and anyone acting on their behalf.
c) “Goods” means the whole or part of the cargo received for carriage, including any packing, container, flat, chassis, or equipment not supplied by the Company.
d) “Carrier” means the Company when it issues its own Bill of Lading as an NVOCC.
e) “Container” includes any container, flat rack, reefer, pallet, crate, trailer, chassis, ISO transportable tank, Intermediate Bulk Container Tank and similar equipment used for carriage.
f) “Dangerous Goods” includes goods of a hazardous, inflammable, explosive, radioactive, corrosive, poisonous , damaging or contaminating nature, or those liable to harbour pests.
g) “Authority” means any duly constituted legal, regulatory, or governmental authority with jurisdiction.
h) “SDR” means Special Drawing Rights as defined by the International Monetary Fund.
i) “Force Majeure” means events beyond the reasonable control of the Company including war, terrorism, strikes, embargoes, pandemics, natural disasters, port closures, or government actions.
j) ‘‘NVOCC’’ means a Non-Vessel Operating Common Carrier who acts as a transportation intermediary or acts as a “virtual carrier” in ocean shipping, who performs all of the services of a carrier, but who does not own their own vessel(s). may either buy or leasing available container space or slot in from vessel-operating carriers or Ocean Carrier and resell it to Merchants, providing their own House Bills of Lading (HBL) and assuming legal liability for the cargo as the Carrier or when the Company is engaged in the capacity of Non-Vessel Operating Common Carrier without issuing its own bill of lading, as the case may be.
k) ‘‘Freight Forwarder’’ is who co-ordinates and organizes the movement of shipments on behalf of a Merchant by liaising with Ocean carriers without issuing its own bill of lading or when the Company engaged in the business of Freight Forwarding without issuing its own bill of lading as the case may be.
l) ‘‘Agent’’ the local representative of the Company in a port, protecting the general interests of the Company, by coordinating all necessary services to ensure efficient sales, operation and documentation related to the shipment or when the Company is acting in the capacity of an Agent of other NVOCC/ Freight Forwarder.
2. Scope & Application.
a) These Standard Terms and Conditions shall apply to all services provided by the Company whether acting as Carrier (principal) or as Freight Forwarder/Agent.
b) Where the Company issues its Bill of Lading, the terms therein apply in full and prevail in case of conflict with these STC.
c) Where the Company arranges services as Freight Forwarder, these Standard Terms and Conditions govern and limit its liability.
d) Variations if any in these Standard Terms and Conditions are valid only if it is communicated in writing and signed by a Director of the Company.
3. Quotations & Validity
a) Quotations are subject to immediate acceptance and may be withdrawn or revised.
b) If changes occur in freight rates, surcharges, insurance premiums, exchange rates, or other applicable charges, the Company may revise quotations with or without prior notice.
c) No quotation is binding unless confirmed in writing by the Company.
d) Quotations are subject to space/equipment availability, Verified Gross Mass (VGM) compliance, lashing survey requirements, ISPM-15 packaging, and all applicable licenses/approvals.
e) Free days at Port Of Loading /Port Of Discharge are as specified in quotations.
f) Transit times and transshipment connections are indicative only and not guaranteed.
g) Extra handling/terminal charges including all terminals are to the Merchant’s account.
4. Authority & Liberties of Company
a) The Company has liberty to subcontract services, and all the subcontractors shall be bound as per this STC.
b) The Company may at its discretion:
- Carry Goods by any route, any mode such as vessel, feeder, truck, rail, barge, or aircraft;
- Trans-ship, deviate, call at any port, or store cargo afloat or ashore
- Stow Goods on or under deck as per carriers discretion.
- Combine Goods with others or consolidate shipments;
- Refuse or suspend carriage if Goods are unsafe, illegal, or misdeclared or due to any circumstance beyond the control of the Company to perform the contract of carriage.
c) The Merchant shall bear all costs such as shifting, cross-stuffing, or reworking costs if container weight exceeds CSC plate.
d) Containers above 35 MT gross, mandatorily requires a weighbridge ticket and a Letter of Indemnity.
e) In the case of open top containers, all removable parts (tarpaulins, bows, cords, etc.) are solely the Merchant’s responsibility.
f) The Company may revise tariffs, surcharges, and service conditions without prior written notice.
5. Merchant Obligations
a) The Merchant warrants that it is the owner or authorised agent of the Goods and authorised to accept the terms of this STC on behalf of all parties with an interest in the Goods.
b) The Merchant warrants that:
- Goods are accurately described and declared with correct HS codes;
- Goods are properly packed, marked, lashed, chocked, labelled, and stowed;
- Goods comply with all applicable laws and regulations;
- Merchant shall comply with the Company’s HSSE, Sanctions, Anti-Bribery and GDPR & DPDPA policies.
c) The Merchant must submit BL instructions online before gate-in.
d) The Merchant must collect documents within stipulated time; failure to do so attracts a Document Delay Surcharge.
e) Payments must be made strictly via Demand Draft/NEFT/RTGS in favour of the Company.
f) The Merchant indemnifies the Company for losses, penalties, fines, duties, or expenses arising from inaccurate or late documents.
g) The Merchant is responsible for any damage loss cost to the containers before loading, stuffing because of the cargo at the port of loading. Merchant further warrants that it shall pay for any and all such damages which shall be invoiced to them by the company.
6. Special Cargo
a) Dangerous Goods may not be tendered without prior written approval of the Company. If accepted, they must be properly declared, packed, labelled, and documented. If found undeclared or posing risk, they may be destroyed or disposed of without notice and without liability.
b) Temperature-controlled cargo: The Merchant warrants containers are properly pre-cooled, packed, stored, stuffed, and thermostats set. The Company is not liable for loss from non-compliance with these requirements on refeer cargo.
c) Exclusions: The Company shall have no liability for bullion, currency, precious stones, jewellery, antiques, works of art, pets, plants, live animals , or similar unless specifically agreed in writing.
7. Freight & Other Charges
a) Freight is earned on booking and non-refundable, whether Goods are delivered or not.
b) Freight, charges, duties, demurrage, detention, storage, fines or expenses must be paid without any set-off, deduction or counterclaim.
c) Where charges are payable by a third party, the Merchant remains liable if that party defaults.
d) Where Trucking, Handling, and Associated Charges: All road transportation, loading, offloading, and cargo handling services arranged by the Company are subject to the following commercial terms and conditions:
Rate Validity:
o Rates are based on declared weight and dimensions; any variation will attract revised charges.
o Quotations shall remain valid for a period of 15 days from the date of issue, or for such other validity period as may be specified by the Company and are subject to reconfirmation prior to booking.
o All rates are exclusive of 18% GST and subject to terminal handling, port storage, and local charges at actuals.Cargo Type:
o The Merchant must inform the Company whether the cargo is Hazardous (HAZ) or Non-Hazardous (NON-HAZ) , its type and nature prior to pick-up.
o Acceptance of hazardous cargo is subject to feasibility and statutory approvals. Non-declaration will render the Merchant fully responsible for penalties, delays, or costs.Cargo Type Declaration:
o The Merchant must inform the Company in advance whether the cargo is Hazardous (HAZ) or Non-Hazardous (NON-HAZ) prior to pick-up.
o Acceptance of hazardous cargo is subject to feasibility, statutory permissions, and compliance with all relevant IMDG or local regulations.
o Failure to correctly declare hazardous or non-hazardous status may result in rejection of cargo, delay, detention, or penalties imposed by authorities, all of which shall be solely for the Merchant’s account.
o Non-declaration or misdeclaration of cargo nature or weight shall render the Merchant fully responsible for all resulting fines, penalties, or losses.Handling and Additional Costs:
o Loading and offloading are at the Merchant’s cost and risk.
o Warai charges, union charges, RTO fines, or any similar levies shall be borne by the Merchant.
o Crane charges, where applicable, shall be billed at actuals.
o Any other incidental or unforeseen charges (including permits, waiting time, police escorts, or re-handling) shall be recovered at actuals.Containers and Storage:
o All containers move on CY–FO (Container Yard to Free Out) basis.
o Offloading of laden containers shall be at the consignee’s cost and responsibility.
o Terminal Handling, Port Storage, and ICD warehousing charges shall be to the Merchant’s account.Vehicle Halting / Detention Charges (Company-Provided Vehicles Only)
o Where the vehicle(s) are provided by the Company, vehicle halting/detention charges shall be payable in the event of any delay beyond the agreed free time, for any reason whatsoever not attributable to the Company.
o Such charges shall apply to all types of vehicles provided by the Company, including but not limited to trailers, semi low-bed/low-bed trailers, hydraulic multi-axle vehicles, pullers and trolleys.
o The applicable halting/detention charges shall be as mutually agreed between the parties or, in the absence of such agreement, at prevailing market rates applicable at the relevant time and location.
o Detention shall be computed on a calendar-day basis (or part thereof) from the expiry of the free time until the vehicle is released and made available for onward deployment.Insurance and Risk:
o Insurance of cargo is entirely the responsibility of the Merchant.
o The Company does not undertake any risk coverage unless specifically agreed in writing and premium paid in advance.
o Any loss or damage occurring in transit must be claimed directly from the insurance company by the Merchant.
o No claim shall be made against the Company for uninsured cargo or consequential losses.
o Payments shall not be withheld on account of any insurance-related claims or disputes.General Provisions:
o The Company shall not be liable for delays caused by road conditions, strikes, weather, traffic restrictions, or any Force Majeure events.
o Any escalation in fuel prices, tolls, or statutory levies during execution shall be on account of the Merchant.
o The Company reserves the right to refuse unsafe, illegal, or non-compliant cargo
e) Interest on overdue amounts accrues at 18% per annum.
f) Misdeclaration of Goods, weight, or dimensions entitles the Company to claim liquidated damages equal to double the freight due, plus actual losses.
8. Containers & Equipment
a) If a container is stuffed by or on behalf of the Merchant, the Company is not liable for:
Loss/damage caused by stuffing, unsuitability, or defective condition;
Container not sealed at commencement of carriage.
b) Merchant must provide an undated guarantee cheque for container replacement costs (USD values as fixed by the Company for GP, OT, HT, FR, SR types).
c) Merchant is liable for any death, injury, casualty or property loss / damage caused while containers are in Merchants custody.
d) Lashing certificates are accepted only from Company-approved surveyors.
e) Merchant fully indemnifies the Company for contamination, pests, leaking, spillage, cleaning, detention, demurrage, damage and / or loss to third party assets and misuse of equipment.
9. Insurance
The Company is not obliged to insure cargo unless specifically requested in writing and premium paid. If arranged, it is as agent for the Merchant and subject to insurer’s terms. The Company is not responsible for insurer’s refusal of claims.
10. Liability as Freight Forwarder/Agent
a) When acting as Freight Forwarder or Agent, the Company shall not be liable as a Carrier and shall only be liable for loss or damage proven by the Merchant to have resulted directly from the Company’s gross negligence or wilful misconduct.
b) Liability is limited to the lesser of:
Actual value of Goods lost/damaged; or
SDR per kilo; or
INR 15 per kilo (under Indian law); or
666.67 SDR per package/unit.
C) The Company is not liable for consequential loss, profit, market, delay, bullion, jewellery, pets, plants, antiques unless agreed in writing.
11. Indemnities
The Merchant indemnifies the Company against:
Merchant fines, duties, penalties, or levies.
Loss, damage, detention, demurrage of containers caused by Merchant.
Claims from third parties from nature of cargo.
Any claims exceeding the Company’s liability under this STC.
All damages/loss to containers released to the Merchant.
Misdeclaration charges, embargo violations, and excess expenditure.
Any injury/death/property damage occurring while containers are under Merchant’s custody.
12. Lien & Disposal
a) The Company has a general and particular lien over Goods, documents, and property for all sums due including freight, primage, dead freight, pre/inland carriage, storage, salvage, additional costs & expenses incurred during the shipment, General Average contributions, and prior unpaid debts.
b) If the invoice which remains unpaid, the Company then has the rights to dispose of the cargo through public sale or auction or destruction, abandon, 7 days after written notice has been given (or immediately if perishable).
c) If sale proceeds do not cover outstanding charges, the Merchant remains liable for the shortfall and the balance is due and payable within 5 calendar days.
d) Lien survives delivery and extends to legal costs of enforcement.
13. Delivery & Delay
a) The Company shall use reasonable efforts to arrange carriage and delivery, but does not bind itself on fixed dates or period of delivery.
b) Cargo stuffing/lashing performed by the Company or its agents is done strictly as agent of the Merchant, who remains fully responsible.
c) The Company shall have no liability for delay, deviation, or non-delivery unless caused by gross negligence, and even then limited as per the terms of this STC.
14. Claims & Notification.
a) Written notice of damage or loss must be given within 3 calendar days of damage to or loss of cargo, in absence of such notification cargo will be deemed to be delivered in good order and condition.
b) Any survey arranged is “without prejudice” to Company / Carrier’s rights.
c) Only Company-approved surveyors are recognised.
15. Time Bar
Except as expressly provided otherwise herein, this STC shall be governed by and construed in accordance with the laws of India, including the statutory provisions relating to limitation of actions, subject always to the Law and Jurisdiction clause contained herein. In any event except otherwise provided otherwise herein, any claim shall not be entertained after 3 years from the date of cause of action.
16. Sanctions & Compliance
The Merchant warrants that shipment and all parties involved comply with applicable international sanctions. The Company may suspend, refuse, or terminate services if sanctions apply or are suspected. Merchant indemnifies the Company for all fines, costs, or penalties from breach of sanctions.
17. Ethics & Anti-Bribery
The Company maintains zero tolerance for bribery and corruption. The Merchant shall comply with laws including the UK Bribery Act and US FCPA. The Company may terminate services immediately on suspicion of breach.
18. Data Protection & Confidentiality
All exchanged business information is confidential unless disclosure is legally required. The Company complies with GDPR, DPDPA and data protection laws. Merchant warrants consents are obtained for any third-party personal data shared with the Company.
19. General Average & Salvage
The Merchant shall contribute in General Average under New York/Antwerp Rules and provide security if required. Salvage is payable as if salving vessel were a stranger. The Company may withhold delivery until security is given.
20. Force Majeure
The Company shall not be liable for any loss, damage, expense, non-performance, or delay arising from or attributable to any event or circumstance beyond its reasonable control, regardless of the foreseeability of such event or circumstance, including but not limited to war, hostilities, warlike operations, terrorism, fire, hijacking, robbery, use of force or threats of force, riots, civil commotion, political unrest, strikes, lockouts, labour disturbances, embargoes, sanctions, port closures, epidemics, pandemics, natural disasters, acts of God, governmental actions, restrictions or regulations, or any other event which qualifies as a Force Majeure event.
21. Termination
Either party may terminate within 3 months’ notice. The Company may terminate immediately if:
Merchant fails to pay within 3 days of notice;
Insolvency, receivership, bankruptcy, or similar occurs;
Shipment involves sanctions violation or illegality;
Material breach not remedied within 10 days.
22. Law & Jurisdiction
a) Law of application: Except as specifically provided elsewhere herein, Indian law shall apply to this STC also be applied in interpreting the terms and conditions hereof.
b) Arbitration & Jurisdiction:
A) Any claim and/or dispute arising under, out of or in connection with and/or relation to this STC raised against the Merchant which cannot be resolved amicably between the parties, shall be primarily determined by arbitration, and shall be governed by the Arbitration Laws of India and shall be in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time. The arbitration tribunal shall consist of a sole arbitrator, being mutually appointed by both the parties. The language of arbitration will be English, and all arbitration proceedings will take place in Mumbai, India. All the costs arising out of the Arbitration proceedings to be borne by both parties in equal ratios.
B) Hereinafter, for all the claims and actions arising between the Company and Merchant, in relation to this STC, apart from those referred to Arbitration as stated above, the competent courts in Mumbai shall have an exclusive jurisdiction over any such claim or action.
