The Provisions of the market terms are applicable to Buyer(s) and Seller needs to be read in conjuction with “General Terms” of LoGfresh India Private Limited
Definitions:
Buyer/ Purchaser: A buyer is someone who wants or has agreed to buy Services to transport his Products/Produce. Since a sale constitutes a contract between two parties, a buyer is one of the parties to the contract.
Seller: A Truck Owner, Fleet Operator or Legal entity authorized by the board in the business of Goods carriage , who exchanges service in return for payment.
LogFret Spot Freight Market hereby refered as ( LoGfret Spot): Enabler providing E- Platform along with processes to enable a service “Seller” to engage in selling Services or services with Reverse Auctions to Buyer seeking Transportation & carriage of his Products/Produce.
Product/(“s”) Produce:
- Temperature Controlled Produce: Any Fresh Fruit & Vegetable produce out of cultivation of plants, Processed Foods including agriculture, dairy, animal husbandry, meat, poultry or fishing , processed in such a way that its original physical properties undergo a change and the transformed product has commercial value and is suitable for human consumption & has all legal compliance and certifications & approvals, Frozen Foods in raw or transformed product that has commercial value and is suitable for human consumption & has all legal compliance and certifications & approvals.
- Ambient Transportation of All General Goods except Hazardous goods.
Service/(“S”): Carriage of Goods by Road ( Refer Act applicable )
BUYER/ PURCHASER TERMS
The provisions of this shall be applicable only to Buyer(s). These Buyer Terms shall be read in conjunction with the General Terms and in the event of any conflict between the General Terms and Buyer Terms, the provisions of Buyer Terms shall supersede and prevail.
DEFINITIONS
For the purposes of this Section, the following capitalized terms shall have the following meaning:
BUYER’S RESPONSIBILITIES, REPRESENTATIONS AND WARRANTIES
You represent, warrant and agree that:
You are a lawfully incorporated business entity and are fully able and competent to understand and agree to the Terms;
You have full power and authority to accept the Terms, to grant the license and authorization (if applicable) and to perform the obligations hereunder;
You will use the LoGfret Spot and Services for business purposes only;
You will not use or access LoGfret Spot for your personal purposes and any Products that you purchase shall be for commercial purposes and not for personal consumption;
The address you provide when registering your account on the LogFret Spot is the Buyer place of business of your business entity; in case of multiple locations please define Registered Office.
Your business is validly existing and incorporated / established as per the provisions of applicable laws;
You shall comply with all applicable laws while using and accessing the LogFret Spot ;
You and Products listed on the LogFret Spot (if any) comply with applicable laws and are in accordance to the governing laws & you have the authority to list on behalf of your organization;
You shall be solely responsible for obtaining all necessary third party licenses and permissions (if any required) regarding any User Content that you submit, post or display;
Any User Content that Buyer submits, posts or displays does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party.
Buyer will be required to provide information or material about Buyer’s entity, its business, services or products as part of the registration process on the LogFret Spot or your use of any Service or the Buyer account and such information may be required to be furnished by Logfresh India Private Limited from time to time. Buyer represents warrants and agrees that:
such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the LogFret Spot or any Product is true, accurate, current and complete; and
Buyer will maintain and promptly amend all information and material to keep it true, accurate, current and complete.
Buyer may be required to promptly furnish additional documents or information as and when requested by Logfresh India Private Limited to continue using and accessing the LogFret Spot and availing the Services. Buyer agrees to promptly provide such additional documents and information, failing Logfresh India Private Limited reserves its right to take appropriate measures as set out under GT:6 (Breaches and Suspension) of the General Terms.
Buyer consents to the inclusion of the contact information about Buyer in Logfresh India Private Limited’s database and usage of the same as per Logfresh India Private Limited’s privacy policy.
PAYMENTS BY BUYERS/ PURCHASER
Upon placing the Order on LogFret Spot , Buyer can opt to make payment for the Service(s) purchased by using any of the modes of payment made available by us on the LogFret Spot from time to time.
In case the seller is not able to fulfill or qualify Quality Check we will: refund the Token Amount to the Buyer
In case the Buyer does not fulfill timelines after placing the order with the seller we shall forfeit the Token Amount as cancellation fee & pay it to seller as compensation after deduction of our platform usage charges.
You agree and acknowledge that our decision in this regard shall be final and binding. If you do not agree to the above, you may choose not to transact on the LogFret Spot . If you continue to transact on the LogFret Spot , it shall be deemed that you have agreed and accepted the above terms.
Buyer acknowledges that he is solely responsible for the transactions / payments made to the Seller for the Services purchased by the Buyer. Buyer acknowledges and agrees that we are acting merely as a payment collector and shall take no responsibility as to the legality of any payment transaction between the Seller and the Buyer. We do not have any obligation, responsibility or liability to verify any transactions authenticated and/or authorized by the Buyer or its payment instructions.
We will transmit the payments for the Orders received from the Buyer in the manner as set forth under the settlement process of Seller Terms. You hereby agree to be bound by the applicable provisions of the Seller Terms in this regard and agree not to raise any dispute with respect to the manner of settlement by Logfresh India Private Limited.
You hereby consent and agree to comply with guidelines, instructions, requests, etc., as maybe made by us or third party banks or financial institutions, as the case may be or a payment system provider from time to time, in relation to making payments on the LogFret Spot .
Buyer hereby acknowledges and agrees that we shall not be liable for failure of any transaction undertaken on LogFret Spot for any reason whatsoever including but not limited to non-performance or omission or commission on the part of Seller, deficiency of service and/or Products delivered, technical errors on the LogFret Spot . You further acknowledge that we shall not be responsible, in any manner whatsoever, for any loss incurred by you for a failed / incomplete transaction undertaken by you on the LogFret Spot .
In case of an occurrence of a chargeback event, we reserve our right to withhold the settlements to Seller, pending enquiries by the banks or any regulatory body till the resolution of such issues.
Buyer shall comply with all the applicable regulations/ laws in relation to any transaction as stipulated under the applicable tax laws.
If you avail service from any third party service provider ( Transporter/Warehousing/Pledge funding) using the LogFret Spot , upon receipt of instruction from such third party service provider, you agree and authorize us to remit and settle such collected payments (after deduction of our fees (if any) and any other charges or taxes applicable under tax laws) to the designated bank account of the third party service provider within such timelines as mentioned in the settlement process of Seller Terms. You agree and acknowledge that no separate authorization will be required by us to collect and transfer payment to such third-party service provider.
After your confirmation on freight rates and terms , we shall intimate the respective third party to organize the pickup and deliver the same to the location as designated by you. You agree that the title and risk in the Shipment shall pass onto you at the time the Shipment is picked up by the service provider.
The service provider to his best endeavor and abilities shall ensure service completion under the Terms & conditions as defined under Carriage of goods Act, India.
Produces, Products which are prohibited by the governing laws and government authority or any other law or regulation that may be applicable or which require special license for carriage, shall not be accepted by us.
Should the buyer wants we will get the consignment weight at a authorized weighting Centre ( Dharam Kanta). Any decision by us with respect to any inaccuracy in the information or discrepancy in weight shall be final and you hereby authorize us to determine the accurate weight on your behalf.
We shall not be liable for any loss arising due to confiscation of Shipments by any government agencies due to lack of proper documents or inaccurate information provided to us.
If you avail shipping and delivery services directly from the Seller, you agree that such provision of service shall be governed by way of a separate arrangement between you and the Seller. You agree not to hold us liable in any manner whatsoever for any deficiency in provision of such shipping and delivery services by the Seller and we disclaim all liabilities in this regard.
SELLER TERMS
These Seller Terms shall be read in conjunction with the General Terms and in the event of any conflict between the General Terms and Seller Terms, the terms of Seller Terms shall supersede and prevail.
DEFINITIONS
For the purposes of this Section, the following capitalized terms shall have the following meaning:
Temperature Controlled Products” includes Processed products, certain Fruits and vegetables that are or may become of a dangerous, hazardous, unusable, or damaging nature, products liable to taint or affect other products and products likely to harbor or encourage health risks. ( +/- 2 Degree C) is tolerance ).
Pharma Temperature controlled products shall means, Vaccines, Active Pharma Ingridrents (API), Plasma or any other formulation that requires Temperature controlled.
General Temperature Controlled Products shall means any general product like NPR or other products that requires a Temperature controlled transportation.
Ambient Products: All general Goods, electrical/ electronic , White goods, FMCG etc.
Order(s)” shall mean “order placed & Confirmed” by Buyer for freighting Products using the Seller’ Services/Asset on the LogFret Spot .
“Payment and Settlement Services” shall mean remittance and settlement of any and all payments collected by Logfresh India Private Limited from the Buyer or third party paying on behalf of the Buyer, pursuant to an order placed by a Buyer on the LogFret Spot , to the designated bank accounts of the Seller or any third party upon receipt of instructions from the Seller.
“Product(s)” shall mean Services offered of any categories to transport Freight from Location A to Location B as defined by the buyer while requesting the service(s).
“Seller” shall have the meaning ascribed to it under the General Terms. For the ease of reference, the terms ‘you’, ‘your’ under this section have also been used to refer to the Seller.
“Shipment(s) / Consignment(s)” means all products (excluding documents) that travel under one AWB/ LR/ Waybill/ GCN and which may be carried by any means, including air, road or any other carrier.
“Standard LogFret Spot Services” shall mean the use and access of the LogFret Spot by the Seller, which includes but not limited to creation, display and updating of product listings and subsequent sale transaction by the Seller to the Buyer, in accordance with these Seller Terms and General Terms.
SELLER’S OBLIGATIONS, REPRESENTATIONS AND WARRANTIES
You represent, warrant and agree that:
You are a lawfully incorporated business entity and are fully able and competent to understand and agree to the Terms;
You are legal owner of the Truck (“S”), Proprietor, & in case of Privately held companies and Limited companies/ co-operation(s), have full power and authority to accept the Terms, the obligations hereunder by a resolution of your board.
You shall use the LogFret Spot and Services for business purposes only;
You will not use or access the LogFret Spot for your personal purposes and any Service/(“S”) that you may sell are for commercial purposes and not for personal consumption;
The address you provide when registering your account on the LogFret Spot is the Seller place of business of your business entity;
Your business is validly existing and incorporated / established as per the provisions of applicable laws;
You shall comply with all applicable laws while using and accessing the LogFret Spot ;
You and Products or services provided by you on the LogFret Spot (if any) comply with applicable laws;
i.e IS FIT FOR CARRIAGE/INSURANCE/PERMITS/RTO FITTNESS/DRIVER WITH VALID LICENSE etc. (In case of Temperature Controlled Trucks have FSSAI Approvals and working Reefer units & Containers to maintain desired temperature in Transit)
You shall be solely responsible for obtaining all necessary third party licenses and permissions (if any required) regarding any User Content that you submit, post or display;
Any User Content that Seller submits, posts or displays does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”);
You have the right and authority (if required under applicable laws) to sell, trade, or offer to sell, trade, services described in the User Content and such sale, trade or offer does not violate any Third Party Rights; ( You have the Right to post availability of Truck yourself or on behalf of the lawful owner)
The description and particulars of the Truck Registration (including but not limited to the carrying weight/Tons, WVR, measure, quality, condition, fitness) are complete and accurate with all laws, regulations, and requirements that may be applicable;
All information provided by you or person acting on your behalf relating to the asset(s) are complete and accurate;
The truck(s) are properly and sufficiently prepared, ensuring Quality, safety, security, hygiene, health of the asset and Driver;
The Asset/Truck(s) are in compliance with all laws, regulations, and requirements as may be applicable.
Seller will be required to provide information or material about Seller’s entity, its business or Products/services as part of the registration process on the LogFret Spot on the Seller account. Seller represents warrants and agrees that:
such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the LogFret Spot or Service is true, accurate, current and complete; and
Seller will maintain and promptly amend all information and material to keep it true, accurate, current and complete.
Seller may be required to furnish additional documents or information about products/ services that the Seller may offer for sale on the LogFret Spot in order to authenticate that the Products offered for sale are genuine and authentic and do not infringe intellectual property rights or proprietary rights of any third party. Seller agrees to promptly provide such additional documents and information like E- Link of Registration No of Asset or post a copy of RC along with Insurance & relevant documents, failing Logfresh India Private Limited reserves its right to take appropriate measures as set out under GT:6 of the General Terms. Also in case if we find that fake Registration numbers of Trucks are posted you hereby agree that we shall have the right to legally report the mater to relevant authorities.
Seller consents to the inclusion of the contact information about Seller in Logfresh India Private Limited’s database and usage of the same as per Privacy Policy.
Seller shall comply with the shipment handling, in transit, temperature retention and controls, schedules, as agreed upon by buyer time to time. For delivery of Shipments,
Seller shall be solely responsible to declare the accurate tonnage carriage capacity.
Seller shall ensure that all the Shipments are picked up / delivered before/on the specified cut-off-time specified for on time pick-up/ delivery with all the proper documents (in accordance with applicable laws of goods carriage act)
Seller shall be solely responsible to ensure that the Shipment/Consignment is picked up within the time slots agreed by Seller.
Seller shall cooperate and ensure that they let the third party Quality check party is allowed to inspect the hygiene & documents of the vehicle send for loading and that there is staff is courteous and cooperative.
Seller shall be solely responsible to raise LR/GCN/ AWB/ invoices directly on the consignor/ consignee for services sold by the Seller to the Buyer. In the event any penalty is levied by any governmental or regulatory authority due to Seller’s non-compliance of applicable laws, including without limitation, non-availability of invoices with the Consignments etc., Seller agrees to indemnify us, the seller aka transporter in this regard is responsible for all costs, losses, liabilities, penalties or expenses that may have to incur or occur. We shall not assume any liability for Seller’s failure to comply with this clause.
In case of buyer or his designated location does not unloads the truck in the defined timeframe, the seller is supposed to intimate LogFret Spot in writing ( SMS/E-Mail/ Any electronic application as agreed between LoGfret Spot and buyer & Seller. Seller is entitled to charge detention charges towards ideal loaded asset waiting for Unloading.
FEES AND CHARGES
We will charge the Seller 5% as Service Charge towards usage of LogFret Spot Freight Market on Freight value of service (“s”) all such charges shall be exclusive of Services and Service Tax or any gateway charges as charged by Payment Gateway. In case of Bank Transfers no Gateway charges shall be imposed.
Any taxes, duties, or levies applicable on entry or any other charges levied by any central/state/local authorities wherever applicable shall be extra and Buyer will be liable to pay the same.
LIMITATION OF LIABILITY AND INDEMNITY
We shall not have any liability whatsoever for any claims arising from: (a) any of your acts or omissions; (b) compliance with the instructions given by you or any person acting on your behalf; (c) an act or order of any government authority; (d) the insufficiency of the packing or labeling of Shipment; (e) the nature, description, or contents of the Shipment; (f) any force majeure event; (g) any cause which we could not avoid and the consequences whereof we could not prevent by the exercise of reasonable diligence; and/or (h) any dispute or claims between the Seller and the Buyer including without limitation relating to the Shipment or Products hereunder.
AUDITS
LoGFret Spot ( Logfresh India Pvt Limited) if demands a Quality audit of the asset(s) or Seller warrants Logfret Spot that he will adher to these Terms. Without prejudice to other rights available to under these Terms or under applicable laws, if it is found or if we believe in Quality Audit reports a reasonable opinion that the Asset(s) do not comply with quality listed on LogFret Spot or do not comply with the carriage weight/ volume/insulation/ refrigeration/ as agreed. We may in our sole discretion be entitled to deactivate or suspend a Seller’s account on the LogFret Spot , with or without giving any notice to the Seller.
Payment and Settlement Services
We will provide the Payment and Settlement Services to the Sellers in relation to each transaction on the LogFret Spot . Logfresh India Private Limited may, at its discretion, sub-contract all or part of the Payment and Settlement Services, and/ or shall have the right to use or engage the services of any third party services provider(s), sub-contractor(s) or agent(s) on such terms as Logfresh India Private Limited may deem appropriate, however, Logfresh India Private Limited shall remain liable to the Seller for the performance of its obligations to provide Payment and Settlement Services under these Terms.
Seller acknowledges and agrees that in performing the payment collection services, we are acting merely as a payment collector and shall take no responsibility as to the legality of any payment transaction between the Seller and the Buyer.
We shall have the right to withhold settlement of payments to you or any third -party, if we, in our sole discretion, determine that the transaction being undertaken by you is not genuine or suspicious or fraudulent.
You hereby consent and agree to comply with guidelines, instructions, requests, etc., as maybe made by us or third party banks or financial institutions, as the case may be or a payment system provider from time to time, in relation to these Payment and Settlement Services.
Refunds (if any) shall be processed in the same manner as they are received. Refund amount will reflect in the Seller’s bank account based on respective banks policies. We reserve a right to charge Claims Processing Fee
We will settle the payments received from the Buyer at the time of actual delivery of the order(s) to the designated bank account of Seller (or third party based on the instructions given by the Seller (if applicable)) within the following timelines:
Provided that, in case of any returns request raised by Buyer or any claims or disputes raised by Buyer, we reserve our right to withhold the settlement of payments to Seller until the resolution of such return requests, claims or disputes, as the case may be.( Refer LogFret Spot Freight MarketProcess Flow)
Advertisement/Promotional Services
Seller may subscribe to the ad program (“Program”) offered by Logfresh India Private Limited to promote its Produce/Brand that it lists and offers for sale on the LogFret Spot . Logfresh India Private Limited will facilitate in the display of such advertisement (“Ad”) of the Seller on the LogFret Spot upon receipt of a written request from the Seller & after entering in a separate Contract for the same.
The intellectual property rights in the Advertisement ( “Ad”) provided by the Seller on the LogFret Spot hereunder shall vest solely with the Seller. Seller shall ensure that it has all requisite rights, permits, authorizations, title, and/ or interest over the Ad and is compliant with the branding guidelines and laws that may be applicable to use and display the Ad on the LogFret Spot . The Seller hereby grants to Logfresh India Private Limited an unrestricted, non-exclusive, royalty-free license to use the Ad and all other information provided by the Seller on the LogFret Spot . Logfresh India Private Limited will display the Ad provided by the Seller on the LogFret Spot or otherwise made available by Seller to Logfresh India Private Limited for the purposes set out herein on an ‘as is’ basis (except for formatting changes limited to re-sizing the Ad). Seller shall at all times remain fully liable and responsible for the Ad and further agrees to indemnify, defend, and hold harmless Logfresh India Private Limited from and against any claims that may arise from or in connection to such Ad with regard to the content of the Ad, any intellectual property claim or third party.
Logfresh India Private Limited further disclaims all liability for any Ad, content of the Ad, availability of the product or any related information that may be displayed or made available by the Seller, quality, delivery, or usefulness of the Products that are offered for sale by the Seller on the LogFret Spot . The Seller agrees that Logfresh India Private Limited disclaims all liabilities and shall not be party to any dispute in this regard.
Seller hereby represents and warrants that:
Seller has the power and authority to enter into and perform its obligations according to these terms;
Seller has no restrictions that would impair its ability to perform its obligations and grant all rights contemplated by these terms;
Seller has not and will not enter into any agreement that is inconsistent with its obligations hereunder;
None of the Ad provided or approved by the Seller shall violate any rights of any third party, including but not limited to intellectual property rights;
None of the Ad provided or approved by the Seller will violate any applicable law, regulation and/or code of conduct;
None of the Ad provided or approved by the Seller shall, when viewed or clicked on by a Seller, cause such customer’s computer to download any software application;
Ad provided by the Seller shall not be and/or link to any content that is defamatory, fraudulent, obscene, misleading or otherwise illegal;
None of the Ad will contain any viruses, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or other computer programming routines that may potentially damage or interfere with LogFret Spot and Logfresh India Private Limited; and
Seller shall be in compliance with applicable laws while using the LogFret Spot and the Program.
Seller shall be required to pay charges to Logfresh India Private Limited for the use of Ad program. Such charges shall be communicated to the Seller, from time to time.
The charges payable by the Seller shall be exclusive of all applicable taxes. Logfresh India Private Limited shall issue tax invoices in accordance with applicable laws at such intervals as set out herein above.
Logfresh India Private Limited gives no warranty or condition, express or implied, with respect to any matter and, in particular, but without limitation, expressly disclaims any warranties or conditions of non- infringement or the quality or fitness for any particular purpose of the Program provided herein.
Additional Services for Seller:
For any additional services wished/availed by the Buyer from Logfresh India Private Limited, E.g
Tracking
Transport Management Solutions from LR generation till billing.
Fleet Management
Long Term Leasing of Asset to LogFresh India Private Limited you are requested to mention it while registration or can mail us separately, Any such arrangements shall be covered under separate Agreements with validity of contract and terms.
LIMITATION OF LIABILITY AND INDEMNITY
We shall not have any liability whatsoever for any claims arising from: (a) any of your acts or omissions; (b) compliance with the instructions given by you or any person acting on your behalf; (c) an act or order of any government authority; (d) the insufficiency of the handling of Shipment in transit; (e) Mismatch in actual viz a viz or description of the Shipment on LR/AWB/GCN; (f) riots, civil commotions, strikes, lockouts, stoppage or restraint of labor; (g) explosion, fire, flood or storm; (h) any cause which we could not avoid and the consequences whereof we could not prevent by the exercise of reasonable diligence; (i) any loss, miss-delivery, delay or damage to any Shipment; and/or (j) any dispute or claims between the Seller and the Buyer including without limitation relating to the Shipment or Products hereunder.
Each Seller agrees to indemnify Logfresh India Private Limited, its affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from or in connection with: (i) your submission, posting or display of any User Content; (ii) from your use of the LogFret Spot or any of the Services;(iii) from your breach of the Terms or breach of any applicable laws, including tax laws; (iv) any of the service availed by you from a third party service provider using the LogFret Spot ; (v) any liability or defect in the Asset(s) offered/ listed to transport freight on the LogFret Spot ; (vi) your negligence or willful misconduct; (vii) any sale or offer of sale of counterfeit or fake service(s) on the LogFret Spot or any alleged or actual patent, copyright, trade secret, trademark, trade name, or other intellectual property right infringement or other claim, demand or action resulting from the advertising, publishing, promotion,; (viii) any alleged or actual personal injury, death or property damage suffered by Logfresh India Private Limited arising from the supply or sale of Products/services by Seller; and/or (ix) any claim by a third Party or Buyer made pursuant to, or liability arising under any consumer protection laws, including any non-conformity or defect in, or any recall of, any of Products.
