General Terms & Condition

The following are terms of a legal agreement between you and WNS Service, Inc. ("WNS"). By accessing, browsing and/or using this site, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations.

LIMITATIONS OF LIABILITY AND LIABILITIES NOT ASSUMED

We shall not be liable for any damages, whether direct, incidental (for example, alternate carrier transportation costs), consequential (for example, loss of profits or income), or special, whether or not we knew that such damages might be incurred in any manner resulting from misdelivery, failure to deliver or delay in delivery, in excess of: (i) in the case of fundamental breach of the contract of carriage, an amount equal to our maximum liability and the amount of all freight and other charges paid hereunder (ii) in the case of delay, a refund of your transportation charges, and (iii) in any other case ,an amount equal to our maximum liability.

We shall not be liable for loss, damage or delay caused by events we cannot reasonably foresee or control, including but not limited to acts of God, perils of the air, weather conditions, mechanical delays, acts of public enemies, war, riots, strikes, civil commotions, a defect or inherent vice in the goods, the acts or default (including but not limited to improper or insufficient packing, securing, marking or addressing of the shipment) by the shipper, owner, or consignee of, or anyone else with an interest in the shipment or any part thereof, authority of laws, or acts or omissions of public authorities (including customs and quarantine officials)with actual or apparent authority.

We shall not be liable if you or the consignee violates any of the terms of our agreement, or for loss damage to shipments of prohibited items, including cash or currency. We cannot accept responsibility for loss, damage or delay of your shipment if caused by any carrier you have designated us to use for any portion of carriage.

Shall be consignor exclusive remedy against WNS for any claim or cause of action whatsoever relating to loss, damage and/or destruction of goods or merchandise and shall apply to all claims including inventory shortage and mysterious disappearance claims unless consignor proves by affirmative evidence that WNS converted the goods or merchandise to its own use. Consignor waives any rights to rely upon any presumption of conversion imposed by law. In no event shall consignor be entitled to incidental, special, punitive, or consequential damages.

DELIVERY DATES AND EXCUSABLE DELAYS

WNS Service Inc will make every reasonable effort to meet any delivery date(s) quoted: however, WNS will not liable for its failure to meet any quoted delivery date(s) or for any delay in performance due to any unforeseen circumstances or any causes beyond WNS’s control including, without prejudice to the foregoing generality, strike, lockout, riot, war, fire, acts of God, accident, failure or breakdown of parts necessary for completions, subcontractor, supplier, Buyer caused delays, inability to obtain labor, materials or manufacturing facilities, or compliance with any law, regulation or order, whether valid or invalid ,of any government body or instrumentality thereof. Performance shall be deemed suspended during and extended for such time as any such circumstances or causes delay its execution.

TENDER FOR STORAGE

All goods for storage shall be delivered at the warehouse properly marked and packed for handling. WNS shall store and deliver goods (the personal property and /or any portion thereof which is described herein and/or which WNS has agreed to receive and /or store pursuant to this Warehouse Receipt) only in the packages in which they are originally received unless otherwise agreed to in writing. Receipt and delivery of all or any units of a Lot (Unit or units of goods which are separately identified by the company—WNS) shall be made without subsequent sorting except by special arrangement and subject to charge.

TERMINATION OF STORAGE

If, in the opinion of WNS, goods or merchandise may be about to deteriorate or decline in value to less than the amount of WNS’s lien thereon, or may constitute a hazard to other property or to the warehouse or person, the goods or merchandise may be removed or disposed of by WNS as permitted by law. All charges related to say removal shall be paid by consignor.

OTHER SERVICES AND CHARGES

Unless otherwise specified or elected by WNS, handling charges cover only the ordinary labor and duties incidental to receiving and delivering unitized goods or merchandise on pallets at the warehouse dock during normal warehouse hours but do not include loading and unloading. Unless otherwise specified, a charge in addition to the regular handling charges will be made for any work performed by WNS other than specified herein.
Any additional costs incurred by WNS in unloading cars or truck containing damaged goods or merchandise is chargeable to consignor. WNS shall not be responsible for demurrage charges, Perdiem, or delays in loading or unloading unless such demurrage charge, Perdiem or delay was caused solely by WNS’s negligence. All storage, handling and other services may subject to minimum charges.