Terms & Conditions
These Terms & Conditions ("Terms") govern your use of the Harsh Transport Private Limited ("Harsh Express", "we", "us") website and the booking and carriage of goods by road, rail and air, together with warehousing, customs (CHA) and allied services. By booking a consignment, tendering goods, or using this website, you ("the customer", "consignor" or "consignee") accept these Terms and the applicable Indian law set out below. These Terms are a general summary for your information and do not replace the specific rate contract, consignment note (bilty / Goods Receipt), tariff or service agreement, which prevail in case of conflict. This is not legal advice.
1. Governing law & framework
Our services are provided subject to the laws of India, including in particular:
- The Carriage by Road Act, 2007 and the Carriage by Road Rules, 2011 — registration of the common carrier, the goods forwarding note, the consignment note, and limitation of liability.
- The Motor Vehicles Act, 1988 and the Central Motor Vehicles Rules, 1989 — vehicle registration, fitness, national/State permits, driving licences, dimensions and loading limits, and the carriage of dangerous or hazardous goods.
- The Railways Act, 1989 and the Railway tariffs (including the Red Tariff for dangerous goods) — for consignments booked by rail parcel, SLR or container.
- The Central Goods and Services Tax Act, 2017 and Rule 138 (E-way Bill) — tax documentation and the e-way bill required for the movement of goods.
- The Consumer Protection Act, 2019, the Indian Contract Act, 1872, and the Sale of Goods Act, 1930, as applicable.
2. Scope of services
Services are rendered under mutually agreed proposals, rate contracts, tariffs or service-level agreements, and may include road transport (FTL and part load), rail freight, air cargo, warehousing and distribution, customs clearance as a Customs House Agent (CHA), and allied coordination. A booking is accepted subject to vehicle/space availability and these Terms.
3. The consignment note & documents
Goods are carried against a consignment note (Goods Receipt / bilty). The customer must provide, before movement, a correct description of the goods, their quantity, weight and value, a tax invoice, the e-way bill (Part A and Part B, where applicable), and any permit, licence or safety documentation the goods require. The customer is responsible for the accuracy of all declarations; mis-declaration may lead to refusal of carriage, additional charges, penalties and seizure by authorities, for which the customer is liable.
4. Customer responsibilities
- Declare the nature, weight, dimensions and correct value of the goods, and flag any dangerous, perishable, fragile or high-value items in advance.
- Pack, mark and label goods adequately for the mode and distance of transport; Harsh is not liable for loss or damage arising from inadequate packing by the customer.
- Generate and carry a valid e-way bill and tax documents; ensure goods are lawful to transport and own the right to send them.
- Provide safe access for loading and unloading, and nominate contacts to receive updates and take delivery.
- Settle invoices within the agreed credit period and notify disputes promptly.
5. Fees, payment, detention & demurrage
Charges are per the agreed contract or tariff. Additional charges may apply for fuel, detention, waiting time, demurrage, multi-point pick-up/drop, loading/unloading labour, re-attempts and storage, based on actual usage. Freight is payable as billed; goods may be withheld under a general lien against unpaid dues as permitted by law. Late payment may attract interest as per contract or applicable law.
6. Transit time & delays
Transit times are indicative estimates and not guaranteed, unless a written guaranteed-delivery service is agreed. We are not liable for delay caused by events beyond our reasonable control (see Force majeure).
7. Liability & limitation
Our liability for loss of, or damage to, goods in carriage by road is governed by the Carriage by Road Act, 2007 and the Carriage by Road Rules, 2011. Unless the goods are booked at a higher declared value with the corresponding freight and risk charge paid, liability is limited to the amount prescribed under those Rules or the relevant contract, whichever applies. We are not liable for: indirect or consequential loss; loss of market or profit; inherent vice, natural wastage, leakage or decay; loss or damage from inadequate packing or wrong declaration by the customer; acts of the consignor/consignee; or seizure, detention or action by any authority. Claims must be notified in writing within the period prescribed by the Act/Rules or the contract, with supporting documents, and are subject to the statutory limitation period.
8. Insurance
Freight does not include transit insurance. We strongly recommend the customer insure the goods for their full value. Harsh can help arrange third-party transit insurance on request; where arranged, the insurer's terms apply.
9. Goods we carry — and goods we do not
Harsh carries general and industrial cargo by road and rail. Certain goods are carried only on special terms, and some goods are not accepted at all.
Generally accepted (road and rail): FMCG and consumer goods, textiles and apparel, automotive parts and tyres, consumer electronics and electricals, industrial and engineering goods, packaged food, and similar lawful general cargo.
Accepted only on special terms / advance arrangement:
- Perishables — subject to suitable mode, timing and the customer's acceptance of transit risk.
- High-value goods — only on prior declaration of value and payment of the applicable risk/freight; adequate insurance is recommended.
- Over-dimensional / over-weight cargo (ODC) — only with the permits and route approvals required under the Motor Vehicles Act and State rules.
- Dangerous / hazardous goods — only when correctly classified, packed, marked, documented and labelled in accordance with the Central Motor Vehicles Rules, 1989 (carriage of dangerous or hazardous goods) for road, and the Railway Red Tariff / Dangerous Goods rules for rail, with the required licences, emergency information, placards and a trained driver. Acceptance is at our discretion.
Not accepted / prohibited (road and rail):
- Illegal drugs, narcotics and psychotropic substances, and any contraband or smuggled goods.
- Arms, ammunition, explosives and fireworks without the licences and approvals required by law.
- Currency, bullion, precious metals/stones, negotiable instruments and valuables (not accepted for carriage).
- Postal articles and letters reserved to India Post; stamps for philately.
- Counterfeit goods, goods infringing intellectual property, and obscene or pornographic material.
- Wildlife, ivory, protected flora/fauna and their products, and other goods whose movement is prohibited by law.
- Radioactive material beyond permitted limits, and any goods banned under central or State law.
- Human remains, body parts and live animals, except where separately and lawfully agreed in writing.
By rail specifically: consignments offered for rail parcel/SLR must comply with the Railways Act, 1989 and railway rules. Explosives, inflammable, corrosive, offensive and other dangerous articles are prohibited in ordinary parcel traffic and are carried only as permitted under the Railway Red Tariff, with correct classification and documentation. Loaded firearms, acids and similar articles are not accepted in ordinary parcels.
We may open and inspect, refuse, offload or hand over to the authorities any consignment reasonably suspected of containing prohibited or mis-declared goods, at the customer's risk and cost.
10. Dangerous goods declaration
Where dangerous goods are accepted, the customer must provide a correct dangerous-goods declaration, safety data sheet, UN classification and packaging certification, and ensure labelling and documentation meet the applicable road (CMVR) or rail (Red Tariff) requirements. Undeclared dangerous goods are a serious breach; the customer indemnifies Harsh fully against any resulting loss, damage, penalty or claim.
11. Claims
Note any visible shortage or damage on the delivery receipt at the time of delivery and raise a claim in writing within the time limit set by the Carriage by Road Rules, 2011 (for road) or the relevant tariff/contract, with the consignment note, invoice, photographs and supporting evidence.
12. Force majeure
We are not liable for delay, loss or failure to perform caused by events beyond our reasonable control, including acts of God, weather and floods, accidents, strikes and bandhs, riots, road or rail blockades, government or regulatory orders, border or checkpoint action, pandemics, or failure of infrastructure.
13. Website use & intellectual property
All software, branding, imagery and content on this website remain the property of Harsh Express or its licensors and may not be reproduced without written consent. You agree not to misuse the site, attempt unauthorised access, or upload malicious code.
14. Termination
Either party may terminate ongoing services per the notice periods in the contract. Outstanding charges and obligations remain payable on termination.
15. Governing law & disputes
These Terms are governed by the laws of India. Subject to any arbitration clause in the specific contract, the courts at Bhopal, Madhya Pradesh shall have jurisdiction. Parties will first attempt amicable resolution.
16. Updates
Harsh Express may revise these Terms to reflect regulatory or service changes; the current version is published here with its effective date.