Terms & Conditions

1. Introduction & Applicability

These Terms and Conditions ("Terms") constitute a legally binding agreement between MOVTEK Private Limited ("MOVTEK", "Company", "we", "our", "us"), a company incorporated under the Companies Act, 2013 with its registered office in New Delhi, India, and you ("Customer", "Client", "User", "you", "your") as a user of MOVTEK's services and/or digital platform.

These Terms apply to:

  • All freight forwarding, customs clearance, cargo handling, transportation, warehousing, and logistics services ("Services") provided by MOVTEK
  • Use of the MOVTEK website, web portal, mobile application, APIs, and all digital tools ("Platform")
  • All quotations, bookings, job orders, service agreements, and contracts entered into with MOVTEK
  • Physical operations including documentation, cargo handling, warehouse services, and agency coordination

These Terms are supplemental to and shall be read together with any specific service agreement, rate confirmation, or job order issued by MOVTEK. In the event of conflict, the specific agreement shall prevail over these general Terms.

2. Definitions

  • Shipper means the person or entity handing over cargo to MOVTEK or a carrier for transportation.
  • Consignee means the person or entity to whom the cargo is addressed or delivered.
  • Cargo / Goods means any goods, freight, merchandise, or items entrusted to MOVTEK for forwarding.
  • Carrier means any airline, shipping line, road transporter, or rail operator engaged by MOVTEK to carry the Cargo.
  • House Bill of Lading / House Airway Bill (HAWB) means the transport document issued by MOVTEK as a freight forwarder.
  • Master Bill of Lading / Master Airway Bill (MAWB) means the transport document issued by the Carrier to MOVTEK.
  • CHA means Customs House Agent licensed under the Customs Act, 1962.
  • Dangerous Goods (DG) means goods classified as hazardous under IATA Dangerous Goods Regulations, IMDG Code, or ADR.
  • Force Majeure Event means any event beyond the reasonable control of MOVTEK including acts of God, war, strikes, port congestion, government action, pandemic, or natural disaster.
  • FIATA means the International Federation of Freight Forwarders Associations.
  • Incoterms means the International Commercial Terms published by the International Chamber of Commerce (ICC).
  • SDR means Special Drawing Rights as defined by the International Monetary Fund, used as a unit of account for liability limitations.

3. Services Offered

MOVTEK provides the following categories of services, subject to availability, applicable regulations, and separate service-specific terms:

3.1 Freight Forwarding

  • Air freight import and export (FCL/LCL/Charter)
  • Ocean freight import and export (FCL/LCL/RORO/Project Cargo)
  • Domestic surface freight and road transportation
  • Rail freight coordination
  • Multimodal transportation solutions

3.2 Customs Brokerage & Compliance

  • Import and export customs clearance
  • Filing of Bills of Entry and Shipping Bills on ICEGATE
  • Duty assessment, drawback claims, and IGST refund filings
  • Advance Licencing and EPCG compliance
  • Liaison with DGFT, FSSAI, BIS, CDSCO, and other regulatory bodies

3.3 Warehousing & Distribution

  • Bonded warehouse and CFS operations
  • Pick and pack, labelling, and distribution services
  • Cold chain and temperature-controlled storage (where available)
  • Inventory management

3.4 Value-Added Services

  • Marine and cargo insurance procurement (as agent)
  • Certificate of Origin, fumigation, and inspection coordination
  • Project cargo and ODC (Over Dimensional Cargo) logistics
  • Exhibition and event logistics
  • Trade finance coordination (advisory, non-banking)

3.5 Digital Platform Services

  • Online freight booking and quote requests
  • Shipment tracking and milestone notifications
  • Document management and e-AWB/eBL services
  • Customer portal for invoice management and reporting

4. Booking, Orders & Acceptance

4.1 All requests for services must be submitted via the MOVTEK Platform, written email, or physical booking form. Verbal instructions are not binding on MOVTEK unless subsequently confirmed in writing.

4.2 A binding contract is formed only upon MOVTEK's written confirmation of a booking or issuance of a job order reference number. Quotations issued by MOVTEK are valid for the period stated therein and are subject to carrier availability, space confirmation, and applicable surcharges at the time of booking.

4.3 The Customer warrants that all information provided at the time of booking — including cargo description, weight, dimensions, value, origin, destination, HS codes, and special handling requirements — is accurate, complete, and not misleading. MOVTEK shall not be liable for delays, mis-declaration penalties, or losses arising from inaccurate information provided by the Customer.

4.4 MOVTEK reserves the right to refuse, suspend, or cancel any booking or service at its sole discretion, including where:

  • The cargo is prohibited, restricted, or requires special permission not obtained by the Customer
  • The Customer has outstanding dues or disputed invoices with MOVTEK
  • The booking would expose MOVTEK or its agents to legal, regulatory, or reputational risk
  • The cargo involves sanctioned parties, prohibited destinations, or dual-use goods without required licences

5. Customer Obligations

The Customer shall be responsible for:

  • Providing complete, accurate, and timely cargo information including packing lists, commercial invoices, and all required export/import documentation
  • Ensuring cargo is properly packed, marked, and labelled in accordance with applicable regulations (IATA, IMDG, ADR) and carrier requirements
  • Declaring Dangerous Goods, Restricted Articles, or goods requiring special handling at the time of booking — failure to do so shall make the Customer liable for all resulting costs, damages, fines, and consequences
  • Obtaining all required export licences, permits, and regulatory approvals prior to shipment
  • Paying all freight charges, customs duties, taxes, port charges, and any other amounts due on a prepaid basis prior to commencement of services or release of documents/cargo, unless written credit terms have been separately agreed with MOVTEK
  • Providing valid GST-registered entity details for B2B transactions for GST invoice purposes
  • Notifying MOVTEK immediately of any changes to cargo details, routing preferences, or delivery instructions after booking
  • Compliance with all applicable export control laws, including India's Foreign Trade Policy, SCOMET regulations, and the destination country's import regulations

6. Freight Charges, Invoicing & Payment

6.1 Rates & Quotations

Freight rates quoted by MOVTEK are indicative unless confirmed in writing. Rates are subject to change based on carrier surcharges (BAF, CAF, PSS, GRI, LSS, etc.), fuel fluctuations, port congestion charges, and government levies applicable at the time of shipment. The Customer shall be liable to pay the actual charges applicable at the time of execution of services.

6.2 GST & Taxes

All applicable Goods and Services Tax (GST), port dues, customs duties, demurrage, detention, and ancillary charges are payable by the Customer in addition to quoted freight rates, unless expressly included in writing. MOVTEK will issue GST-compliant invoices under applicable HSN/SAC codes.

6.3 Payment Terms

MOVTEK's default payment model is prepaid. All freight charges, service fees, and applicable taxes are due and payable in full by the Customer before commencement of any service, release of any shipment, or issuance of any transport document (including but not limited to House Bill of Lading, House Airway Bill, or Delivery Order). No booking shall be confirmed and no cargo shall be accepted or released until full payment has been received and realised by MOVTEK, unless a separate written credit arrangement has been agreed (see below).

Payments shall be made by NEFT/RTGS/UPI/bank transfer to MOVTEK's designated account as provided at the time of booking confirmation. Cash payments are accepted only at MOVTEK's registered offices subject to applicable limits under Indian law.

Where actual charges at execution differ from the initial estimate (due to carrier surcharges, weight/volume variances, additional handling, customs duties, or other variables), MOVTEK will issue a supplementary invoice for the differential. Such additional charges must be settled immediately upon demand and prior to release of the shipment or documents.

At MOVTEK's sole discretion, credit payment terms may be extended to select Customers on the basis of a signed Credit Agreement, satisfactory credit assessment, and an established business relationship with MOVTEK. Where credit terms have been approved in writing, invoices shall be payable within the period stated in the Credit Agreement. MOVTEK reserves the right to withdraw, suspend, or vary approved credit terms at any time by written notice, and any outstanding balance shall become immediately due and payable upon such withdrawal. Credit terms are non-transferable and apply only to the specific entity to which they are granted.

Any disputes on invoices or charges must be raised in writing within 7 working days of receipt; failure to do so shall constitute acceptance of the amount invoiced.

6.4 Freight Lien

MOVTEK shall have a general and particular lien on all cargo, documents, and property of the Customer in MOVTEK's possession or control for all sums owed by the Customer to MOVTEK, including freight charges, duties, demurrage, storage, and costs. MOVTEK may exercise this lien by retaining, selling, or disposing of such cargo in accordance with applicable law after providing the Customer with reasonable notice.

6.5 Currency

Unless otherwise agreed, invoices shall be raised in Indian Rupees (INR). Where foreign currency transactions are involved (import/export freight), conversion shall be at the exchange rate prevailing on the date of invoice or as per the applicable customs rate of exchange.

7. Dangerous Goods & Prohibited Cargo

MOVTEK strictly prohibits the shipment of undeclared Dangerous Goods. Any Customer found to have tendered undeclared DG cargo shall be fully liable for all resulting fines, costs, damages, and third-party claims.

7.1 The Customer must declare all Dangerous Goods at the time of booking and provide complete and accurate Shipper's Declaration for Dangerous Goods (DGD) / Material Safety Data Sheet (MSDS) as applicable.

7.2 MOVTEK will not knowingly handle the following categories of cargo:

  • Narcotics, psychotropic substances, or precursors (unless with valid government licence)
  • Counterfeit, pirated, or IPR-infringing goods
  • Wildlife and protected species under CITES
  • Pornographic material
  • Arms, ammunition, and explosives (without valid government permits and MOVTEK's prior written approval)
  • Goods destined for UN-sanctioned countries, entities, or individuals
  • Currency, negotiable instruments above regulated limits without proper filings

7.3 MOVTEK reserves the right to inspect any cargo and to refuse or off-load cargo at any point if it is reasonably suspected to contain prohibited items, even if the Customer has provided documentation.

8. Customs Clearance & Regulatory Compliance

8.1 Where MOVTEK is engaged for customs clearance, it acts as a licensed Customs House Agent (CHA) or through its affiliated CHA partners. MOVTEK will file documents based solely on information provided by the Customer, and the Customer bears full legal responsibility for the accuracy of all declarations.

8.2 The Customer authorises MOVTEK to act as their agent for the purpose of completing customs formalities, signing declarations, and interacting with government authorities on their behalf in connection with the specific shipment.

8.3 Any fines, penalties, confiscation of goods, or prosecution arising from mis-declaration, under-valuation, non-compliance with import/export restrictions, or violation of any applicable law shall be the sole responsibility and liability of the Customer. MOVTEK shall be indemnified by the Customer for any such costs incurred.

8.4 The Customer shall comply with all applicable advance cargo reporting requirements including but not limited to:

  • India: e-Manifest filing on ICEGATE
  • USA: Automated Manifest System (AMS) / Importer Security Filing (10+2)
  • European Union: Entry Summary Declaration (ENS) under ICS2
  • Canada: Advance Commercial Information (ACI)
  • Japan: Advance Filing Rules (AFR)
  • UK: Safety and Security Declarations (post-Brexit)

9. Liability & Limitations

9.1 General Limitation of Liability

MOVTEK acts as a freight forwarder and agent of the Customer in arranging carriage. MOVTEK's liability as a freight forwarder shall be limited to the lesser of:

  • The actual proven loss or damage sustained by the Customer, or
  • 2 SDR per kilogram of gross weight of the cargo lost or damaged (in line with FIATA standard trading conditions), or
  • The freight charges paid for the specific shipment

9.2 Carrier Liability

Where goods are carried under a Master Bill of Lading or Master Airway Bill, the liability of the Carrier shall be governed by:

  • Warsaw Convention / Montreal Convention (air freight)
  • Hague-Visby Rules / Hamburg Rules (ocean freight, as applicable under Indian Carriage of Goods by Sea Act)
  • CMR Convention (road freight in applicable jurisdictions)
  • Carrier's own terms and conditions

9.3 Exclusions of Liability

MOVTEK shall not be liable for any loss, damage, delay, or expense arising from:

  • Acts, omissions, or negligence of the Customer, Shipper, Consignee, or their agents
  • Inherent vice, nature, or defect of the Cargo
  • Insufficient or defective packing, marking, or labelling
  • Force Majeure Events
  • Compliance with instructions of the Customer or competent authorities
  • Strikes, lockouts, or labour disputes
  • Consequential loss, loss of profit, loss of market, or indirect loss of any nature
  • Delay caused by customs detention, regulatory examination, or quarantine
  • Cyber attacks, system failures, or third-party IT outages outside MOVTEK's control

9.4 Cargo Insurance

MOVTEK strongly recommends that Customers obtain adequate cargo insurance. MOVTEK can arrange cargo insurance as agent, subject to the terms of the insurer. MOVTEK is not an insurer and does not underwrite risk. Where the Customer declines insurance, it shall be deemed to have self-insured and shall waive all claims against MOVTEK beyond the liability limit in Clause 9.1.

9.5 Notification of Claim

Any claim for loss or damage must be notified to MOVTEK in writing:

  • Immediately upon delivery (if damage is apparent), or
  • Within 3 days of delivery for non-apparent damage (ocean freight), or
  • Within 7 days of delivery for air freight, in line with Montreal Convention timelines
  • Within 14 days for warehouse-related claims

Failure to notify within these periods shall extinguish the claim. All claims must be accompanied by the original transport document, delivery note, survey report, and supporting evidence.

10. Delay & Transit Time

10.1 Transit times communicated by MOVTEK are estimates only and not guaranteed. MOVTEK shall not be liable for any delay in departure, arrival, or delivery of cargo caused by carrier scheduling, port congestion, weather, customs examination, Force Majeure, or any other cause beyond MOVTEK's direct control.

10.2 MOVTEK shall not be liable for any consequential losses, additional costs, lost contracts, or business interruption arising from delays, even if MOVTEK was made aware of potential consequences.

10.3 The Customer is responsible for allowing adequate transit buffer when planning shipments subject to time-critical delivery requirements.

11. Sub-Contracting & Agents

11.1 MOVTEK is authorised to sub-contract all or any part of its obligations to carriers, co-loaders, warehouse operators, truckers, and other logistics service providers ("Sub-Contractors") without prior notice to the Customer, unless specifically restricted in a signed service agreement.

11.2 MOVTEK shall exercise reasonable care in the selection of Sub-Contractors but shall not be liable for acts, omissions, negligence, or insolvency of Sub-Contractors beyond MOVTEK's own proportionate fault.

11.3 When MOVTEK issues its own House Bill of Lading or House Airway Bill, it accepts liability as principal up to the limits stated in Clause 9, regardless of the Sub-Contractor engaged.

12. Digital Platform Terms of Use

12.1 Account Registration

  • Users must register for an account to access full Platform features
  • The Customer is responsible for maintaining the confidentiality of account credentials and for all activities under their account
  • MOVTEK must be notified immediately at support@movtek.com of any suspected unauthorised access
  • Accounts are non-transferable and must only be used by the registered entity or its authorised employees

12.2 Permitted Use

The Platform may only be used for lawful purposes directly related to freight forwarding and logistics activities. The Customer shall not:

  • Attempt to gain unauthorised access to MOVTEK's systems or networks
  • Upload malicious code, viruses, or disruptive software
  • Use the Platform to facilitate any prohibited transaction or sanctioned party
  • Reverse engineer, scrape, or reproduce Platform content without written consent
  • Use automated bots or scripts to access the Platform without MOVTEK's written approval

12.3 Platform Availability

MOVTEK endeavours to maintain 99% Platform availability but does not guarantee uninterrupted service. Scheduled maintenance will be communicated in advance where possible. MOVTEK shall not be liable for losses arising from Platform downtime, technical errors, or temporary unavailability.

12.4 Intellectual Property

All content, software, designs, trademarks, logos, and intellectual property on the Platform are owned by or licensed to MOVTEK. The Customer is granted a limited, non-exclusive, non-transferable licence to use the Platform solely for its intended purpose. No rights are transferred to the Customer.

13. Insurance

13.1 MOVTEK may offer to arrange cargo insurance on behalf of the Customer as an insurance intermediary. Any such insurance is subject to the terms, conditions, exclusions, and limitations of the relevant insurance policy and insurer.

13.2 MOVTEK's role in arranging insurance is limited to that of an agent. Claims must be submitted directly to the insurer. MOVTEK shall not be liable for the insurer's failure to pay or for any coverage gap.

13.3 Customers are advised to disclose the full value of cargo and any special characteristics when requesting insurance coverage. Under-insurance shall be the Customer's sole responsibility.

13.4 MOVTEK's maximum liability in connection with any loss, damage, delay, or misdelivery of cargo — whether as freight forwarder, agent, or otherwise — shall under no circumstances exceed the total freight charges paid by the Customer to MOVTEK for the specific shipment giving rise to the claim ("Freight Value Cap"). This Freight Value Cap applies regardless of the cause of action, including breach of contract, tort, negligence, or statutory claim, and is in addition to (and does not override) the per-kilogram SDR limits set out in Clause 9.1, whichever is the lower amount.

Given this limitation, the commercial value of cargo will almost always significantly exceed MOVTEK's maximum liability. The Customer is therefore strongly advised — and where the cargo value exceeds INR 50,000 (or equivalent in foreign currency), effectively required — to obtain adequate all-risk cargo insurance covering the full declared value of the goods, including freight, duties, and any anticipated charges. MOVTEK accepts no responsibility for any shortfall in recovery arising from the Customer's failure to arrange or maintain appropriate insurance cover.

14. Indemnification

The Customer shall fully indemnify, defend, and hold harmless MOVTEK, its directors, officers, employees, agents, and Sub-Contractors from and against all claims, demands, actions, losses, damages, costs, penalties, fines, and expenses (including legal fees) arising from:

  • Breach of any warranty, representation, or obligation under these Terms
  • Inaccurate, incomplete, or misleading information provided by the Customer
  • Violation of any applicable law or regulation, including customs, export control, and sanctions laws
  • Undeclared or mis-declared cargo, including Dangerous Goods
  • Third-party claims arising from the Customer's cargo or instructions
  • Fraudulent, negligent, or unlawful conduct of the Customer, Shipper, or Consignee

15. Force Majeure

15.1 MOVTEK shall not be liable for failure or delay in performing its obligations if such failure or delay results from a Force Majeure Event, including but not limited to: acts of God, earthquake, flood, fire, storm, epidemic, pandemic, war, terrorism, civil unrest, government action, port closure, carrier strike, congestion, fuel shortage, or any other event beyond MOVTEK's reasonable control.

15.2 MOVTEK will notify the Customer promptly upon the occurrence of a Force Majeure Event and will use reasonable endeavours to resume performance as soon as practicable. Additional costs incurred due to Force Majeure events (diversion, re-routing, storage, etc.) shall be borne by the Customer.

16. Confidentiality

Both parties agree to keep confidential all proprietary information, trade data, pricing, customer lists, and business information disclosed by the other party in connection with the services. This obligation shall survive termination of the business relationship for a period of 3 years. This obligation does not apply to information that is publicly known, independently developed, or required to be disclosed by law or regulation.

17. Anti-Bribery, Anti-Corruption & Sanctions Compliance

17.1 MOVTEK is committed to zero tolerance for bribery, corruption, and unethical business practices. All parties must comply with the Prevention of Corruption Act, 1988 (India), the UK Bribery Act 2010 (where applicable), and the US Foreign Corrupt Practices Act (FCPA) (where applicable).

17.2 MOVTEK conducts sanctions screening on all transactions and counterparties against the OFAC SDN list, EU Consolidated Sanctions, UN Security Council Sanctions, India's Ministry of External Affairs designated lists, and other applicable watchlists. MOVTEK reserves the right to refuse, cancel, or terminate any transaction where a sanctions risk is identified.

17.3 The Customer warrants that it is not a sanctioned entity, does not trade with sanctioned parties, and will not use MOVTEK's services for any transaction that violates applicable sanctions laws.

18. Termination

18.1 Either party may terminate an ongoing service agreement by providing 30 days written notice to the other party, subject to completion of shipments already in transit.

18.2 MOVTEK may suspend or immediately terminate services without notice in the event of:

  • Customer's material breach of these Terms
  • Non-payment of invoices beyond 60 days
  • Insolvency, bankruptcy, or winding-up proceedings against the Customer
  • Discovery of sanctioned party involvement or prohibited cargo
  • Fraud or misrepresentation by the Customer

18.3 Termination shall not relieve the Customer of its payment obligations for services rendered prior to termination.

19. Dispute Resolution

19.1 Amicable Resolution

In the event of any dispute, claim, or controversy arising out of or in relation to these Terms or services provided by MOVTEK, the parties shall first attempt to resolve the matter amicably through good faith negotiations. A formal written notice of dispute must be issued, following which the parties shall have 30 days to negotiate a resolution.

19.2 Arbitration

If the dispute is not resolved amicably within 30 days, it shall be referred to binding arbitration under the Arbitration and Conciliation Act, 1996 (as amended). The arbitration shall be:

  • Conducted by a sole arbitrator mutually agreed upon, or in the absence of agreement, appointed by the Delhi High Court
  • Held in New Delhi, India
  • Conducted in the English language
  • Governed by the substantive laws of India

19.3 Jurisdiction

Notwithstanding the above, either party may seek interim relief (injunctions, preservation orders) from competent courts in New Delhi. For matters not subject to arbitration, the parties submit to the exclusive jurisdiction of courts in New Delhi, India.

20. Governing Law

These Terms are governed by the laws of the Republic of India. The primary applicable legislation includes:

  • Indian Contract Act, 1872
  • Customs Act, 1962
  • Carriage by Air Act, 1972 (and Montreal Convention)
  • Carriage of Goods by Sea Act, 1925 (Hague-Visby Rules)
  • Foreign Exchange Management Act (FEMA), 1999
  • Goods and Services Tax Act, 2017
  • Information Technology Act, 2000
  • Digital Personal Data Protection Act, 2023
  • Prevention of Money Laundering Act (PMLA), 2002
  • Consumer Protection Act, 2019 (for individual consumers)

21. International Trade Compliance

The Customer is solely responsible for compliance with all applicable export/import laws including:

  • India's Foreign Trade Policy (FTP) and DGFT regulations
  • SCOMET (Special Chemicals, Organisms, Materials, Equipment and Technologies) export control list
  • US Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR) where applicable
  • EU Dual Use Regulations (where applicable)
  • Destination country import prohibitions and restrictions

MOVTEK shall not be liable for the Customer's failure to comply with export/import regulations. Any resulting fines, penalties, seizures, or legal proceedings shall be the Customer's sole responsibility.

22. Amendments & Waiver

22.1 MOVTEK reserves the right to amend these Terms at any time. Updated Terms will be published on our website at www.movtek.com/terms with the revised effective date. Continued use of services after the effective date constitutes acceptance of the revised Terms. For material changes, MOVTEK will provide 30 days advance written notice to registered customers.

22.2 No failure or delay by MOVTEK to enforce any provision of these Terms shall constitute a waiver of that provision. A waiver of any breach does not constitute a waiver of any subsequent breach.

23. Severability

If any provision of these Terms is held to be invalid, unlawful, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be severed, and the remaining provisions shall continue in full force and effect.

24. Entire Agreement

These Terms, together with any signed Service Agreement, Rate Confirmation, or Job Order issued by MOVTEK, constitute the entire agreement between the parties with respect to the subject matter and supersede all prior representations, negotiations, understandings, and agreements, whether oral or written.

25. Contact & Notices

All notices, legal communications, and formal correspondence under these Terms must be in writing and delivered to:

Legal & ComplianceMOVTEK Private Limited
AddressLower Ground Floor, World Trade Center, 44 (LGF, Babar Rd, Fire Brigade Lane), Connaught Place, New Delhi, Delhi 110001
Emailgrievance@movtek.com
Phone+91-9811018023
Websitewww.movtek.com

For general customer support and shipment queries, please contact: support@movtek.com

By engaging MOVTEK's services or accessing the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions.

MOVTEK Private Limited | New Delhi, India | www.movtek.com