These terms and conditions (hereinafter collectively referred to as “Terms” or “Website Terms”) shall govern your (“User” or “You” or “Your” or “Consignor”) use of the Services (as defined hereinbelow) provided by TruckCentral Solutions Private Limited (LOBB) and access and use of the website and the LOBB mobile app (collectively referred to as “Website”). By accessing or using the Website, You and the entity You are authorised to represent signify your agreement to be bound by the Website Terms of use while procuring the Services from LOBB. 

LOBB reserves the right to change, modify, amend, update, suspend or discontinue the whole or any portion of the Services, Website or Website Terms at any time. 

1. SERVICE ACCESS

1. Consignor must be 18 years or older to use the Service.

2. Consignor must provide full legal name, current address, a valid email address, PAN card, GST Certificate, GTA Declaration, photograph of office building showing the sign board, GPS Location / Digipin, business card, copy of consignment note/LR, selfie photograph of authorised signatory along with the LOBB representative, LOBB enrolment form with any other information needed in order to complete the signup process.

3. Consignor is responsible for keeping your password secure. LOBB cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.

2. SERVICE

1. LOBB provides a seamless technology platform that enables Users of the Website to (i) schedule transportation and logistics services through Third Party Service Providers, (ii) monitor and track consignment on real time (hereinafter collectively referred to as “Services”). It being clarified that the responsibility of LOBB under these Terms are solely limited to the scope of Services.

2. Goods under these Terms refers to cargo transported hereunder, including all pieces which are tendered to, and accepted by LOBB as per the bill/s of lading.

3. Third Party Service Provider shall mean the commercial vehicle company which is responsible for delivering the Goods of the Consigner to its desired destination.

3. PAYMENT TERMS

1. All charges are payable in Indian Rupees (INR).

2. 90% of the value of Service (including Loading Charges) is to be paid by the Consignor immediately on loading of Goods by the Third Party Service Providers. 

3. The remaining 10% (including Unloading Charges / Halting Charges / any other incidental charges), shall be paid by Consignor within 24 hours from the date of receipt of POD from LOBB.

4. Mode of payment is online as facilitated by the Website. If the payment is made by the Consignor to LOBB contrary to this condition, it shall not be considered a valid payment for the Service.

5. The price for the Service and advances , if any, shall not include the rates and charges of all third parties, including, but not limited to custom formalities and examination fees, handling, transport, load, unload, store, clear, enter, deliver, distribute or otherwise in relation to the Service. 

6. All fees are exclusive of all state and central taxes, service, sales tax or other taxes, fees or charges now in force or enacted in the future (“Taxes”). The Consignor shall pay all such payments as may be required to be made to statutory bodies or Municipal or State/Central Government agencies with respect to any consignment during transit or at the time of delivery of the Goods to the Third Party Service Provider.

7. LOBB does not provide refunds.

4.  GENERAL CONDITIONS

1. Since booking for Service is made through the Website, if any discrepancy in weight  of the Goods is found post acceptance of a Goods which is more than the declared value and weight, then the differential applicable charges shall be paid in the manner enumerated under clause 3 (ii) above and or as agreed between You and LOBB, during actual acceptance of the Goods for transport.

2. It shall be the sole obligation of the Consignor to insure the Goods entrusted for carriage by LOBB covering all contingencies like adequate insurance, proper packaging and declarations etc..

3. LOBB reserves the right to refuse Service to anyone for any reason at any time without any liability of any nature.

4. The Service under these Terms is provided on an ”as is“ and ”as available“ basis without any warranty or condition, express, implied or statutory.

5. LOBB shall, to the best of its ability, endeavour to ensure that the Service will be uninterrupted, timely, secure and error-free, save as otherwise for reasons enumerated under these Terms below.

6. All Goods shall be appropriately and securely packaged for carriage to ensure that it does not damage and or cause damage or injury to equipment, personnel etc.

7. Taking assistance of Third Party Service Provider’s employees for loading of the Goods to the vehicle shall be at the sole risk and cost of the Consignor.

8. Loading charges, if applicable, shall be paid by the Consignor at the time of loading directly to the Third Party Service Provider.

9. At the time of booking Goods, the Consignor will be required to provide all necessary declarations stating the value of the Goods and the detailed description of materials in the consignment and the same shall be binding on the Consignor. Consignor shall remain solely liable for any consequences arising out of any false or wrongful declaration in event of any loss of Goods or Goods being held or seized by any statutory authorities under law. 

10. LOBB shall have the right (not an implied obligation), at its option or at the request of any competent authority to open the Goods at any time to inspect its contents as part of the acceptance process.

11. Notwithstanding the above, LOBB transports the Goods on the basis “SAID TO CONTAIN”. If any incident occurs due to which LOBB  and or the Third Party Service Providers suffers loss or damage or the Goods are seized by a legal authority, the Consignor is fully liable for all consequences arising out of incorrect declaration or direction on handling of the Goods.

12. Cost incurred on account of any delay in loading / unloading not attributable to LOBB or their Third Party Service Providers will be borne by the Consignor.

13. If the recipient of the Consignor does not take delivery of the Goods or it remains undelivered due to any reason, then Consignor shall still be liable to pay the remaining 10% charges along with all other dues and charges which may accrue as a consequence of non-receipt to LOBB.

14. LOBB shall charge applicable service fee for getting such Goods back to the Consignor and shall have lien over such Goods until the entire amount owed to LOBB by the Consignor  is paid in full. In the event of the Consignor not releasing the Goods by paying the relevant charges for more than 3days, LOBB shall have the right to dispose of and or sell such Goods and recover any amounts which are due to it. Such right shall be in addition to the right of LOBB to recover the remaining dues, if any, still left unrecovered through sale of such Goods.

15. Any delay or failure of performance of LOBB under these Terms in relation to the Service shall not constitute a breach or default hereof or give rise to any claims for damages, if and to the extent that such delay or failure is caused by an occurrence beyond the reasonable control of LOBB, including, but not limited to, acts of God, acts of governmental authorities, public enemies, acts or omissions of Customs or quarantine officials, war, riots, rebellions, strikes, sabotage, fire, explosions, accidents, floods, strikes, lockouts, labor disputes, weather conditions, mechanical delay or breakdown of vehicle or other equipment, the discovery of materially different site conditions, or changes in laws, regulations, or ordinances.

16. Each shipment of Goods shall be evidenced by one or more transportation documents, which may include, but not be limited to, bills of lading, air waybills or any other documents purporting to control the custody and/or movement of the Goods or any other documents which is mandated by law (collectively, the “Documents”), showing the kind, quantity and condition of the Goods received and delivered by LOBB through Third Party Service Providers at the loading and unloading points, respectively.

17. It shall be the responsibility of the Consignor to comply with all applicable laws, rules, and regulations including, but not limited to, customs laws, import and export laws, dangerous/ hazardous / contraband / illegal material laws/rules/regulations, and governmental regulation to, from, through or over which the shipment may be carried.

18. All Goods to be shipped will be completely and accurately marked to enable identification of the contents without opening any shipping or storage containers.

19. LOBB shall use Consignor contact information for its own marketing purposes. LOBB may send regular SMS updates to the mobile numbers registered with it. Consignor can ask for stopping of the same by sending us an email at the following email id: support@lobb.in

20. Consignor will indemnify LOBB against all claims, demands, proceedings, fines, penalties, damage, costs and expenses suffered by LOBB or by any third party to whom LOBB becomes liable to for any reasons which accrues due to reasons solely attributable to Consignor.

21. In the interest of the Consignor, without being liable to do so under law, in case the Goods of Consignor are lost during the transit, at the intimation given by Consignor within the prescribed time, LOBB will try to locate the items on a "best-effort" basis but shall not, under any circumstances whatsoever,  be responsible or liable for the loss or damage or theft or misappropriation to / of the same. It being clarified that LOBB only aggregates the vehicles for the purposes of providing Services and has limited control over such vehicles or the drivers who are employees of the Third Party Service Provider. In the event of loss of any item, Consignor shall not have any right to withhold the remaining payment to be made to LOBB.

22. All claims for damages or loss in relation to the Goods shall only lie directly with the Third Party Service Providers. In such an event, the Consignor has to intimate LOBB via call or email or any other prevalent communication channel (WhatsApp) within 24 hours post delivery of the package with regard to any damage to the Goods.

23. In order for LOBB to investigate damage of Goods in transit by Third Party Service Providers, Consignor shall share required evidence like photos and videos of the Goods damaged before and after opening the package of the Goods.

24. All claims for loss, damage, delay or non-delivery must be brought to the notice of LOBB within 3 days of the delivery date, or such claims shall be deemed to be waived.

5. LIMITATION OF LIABILITY

1. In no event shall LOBB be liable for any incidental, indirect, special and exemplary, punitive or consequential damages, loss of profits or damages resulting in lieu of the Service.

2. LOBB’s responsibility under these Terms towards the Consignor for any reason whatsoever in lieu of the Service is limited to LOBB assisting the Consignor getting an FIR registered in the relevant police station for any accidents which may happen to the vehicle carrying the Goods.

3. In no event shall LOBB’s total liability to Consignor in connection with the Services (under which a particular issue arises) for reasons solely attributable to LOBB (not due to any third party and or the Third Party Service Providers) shall exceed the amount received by LOBB for providing the Services.

4. Consignor agrees that LOBB has no responsibility or liability to Consignor related to any transportation, goods or logistic services provided to Consignor by Third Party Service Providers other than as expressly set forth in these Terms.

6. GRIEVANCE OFFICER

In accordance the applicable law, the name and contact details of the nodal/grievance officer for escalation of any grievances are as follows:

Name            : K Jayaram Raju

Designation: COO

Email             :  support@lobb.in

7. JURISDICTION

Any claims or disputes arising out of the Service, shall solely be adjudicated before the courts at Bengaluru, Karnataka

8. DISCLAIMER

1. All vehicles made available by LOBB are owned by Third Party Service Providers and not LOBB and therefore LOBB disclaims any kind of liability in respect of the vehicles and or the drivers driving such vehicles.

2. The Services are provided on an “as is’ and “as available” basis.

3. Unless otherwise agreed in writing under these Terms, Consignor understands and acknowledges that LOBB is only an aggregator and facilitator of the Service and shall not be liable for any risk and costs arising from any of the Third Party Service Providers with respect to the Goods transported, timely delivery etc.

4. The relationship between the Third Party Service Provider and LOBB is on a principal to principal basis.