Terms & Conditions
Effective Date: 1st April 2015
Last Updated On: 10th January 2025
Welcome to M S Mehta & Co. (“we”, “us”, “our”). These Terms & Conditions (“Terms”) govern all business undertaken by us, including access to and use of https://msmehta.in/, and all customs clearance, freight forwarding, logistics, transportation coordination, documentation, advisory, and allied services provided by us. By accessing our website, submitting an inquiry, issuing instructions, or engaging us for services, you agree to be bound by these Terms, our Privacy Policy, and all applicable laws. If you do not agree, please do not use our website or services.
1. About Us
M S Mehta & Co. is a government-authorized Customs House Agent (CHA License No. 11/0385, PAN-based License No. AAFFM8799PCH001) We operate under the Customs Act, 1962, Customs Brokers Licensing Regulations (CBLR), 2018, and applicable logistics and trade laws.
2. Scope of Services
Services may include, without limitation:
- Customs clearance (imports & exports)
- Filing of Bills of Entry / Shipping Bills via ICEGATE
- Freight forwarding (air & sea)
- Transportation and delivery coordination
- Documentation and regulatory assistance
- Shipment tracking facilitation
- Liaison with Customs and Partner Government Agencies (PGAs)
All services are rendered on a best-effort basis and are subject to statutory approvals, third-party performance, and accuracy of client-provided information. Nothing herein constitutes a guarantee of clearance, delivery time, duty outcome, or regulatory approval.
3. Status of the Company
(a) Customs Brokerage
When performing customs clearance activities, we acts solely as an Agent of the Client. Customs clearance is subject to examination, assessment, detention, confiscation, penalties, and regulatory action by authorities beyond our control. We shall not be liable for such actions or delays.
(b) Other Customs-Related Services
When arranging freight or other services, we act solely as an Agent of the Clientand not as a carrier. We are not a carrier, transporter, Multimodal Transport Operator, warehouseman or insurer. All other services except for Customs Clearance Agent are performed by third-party companies subject to their own contracts and conventions. We are merely a agent between the third-party companies and the client.
(c) Professional Advice
We do not provide legal, tax, valuation, or classification advice. All HS codes, valuations, descriptions, origin declarations, and licensing positions are provided by the Client. We act solely as a facilitator and filing conduit.
4. Fees, Payments, Interest & Lien
Professional fees exclude duties, taxes, freight, port charges, demurrage, detention, penalties, or any third-party costs. Any amount overdue more than the agreed timeframe, shall attract interest at 2% per month (24% per annum). Liability is limited to the least of:
- Customs Clearance Fees charged for the specific SB or BoE
- Value of goods lost or damaged
- ₹50 per kg of gross weight
- ₹50,000 per shipment
Note: No liability for consequential loss, loss of profit, loss of market, or delay.
5. Accuracy of Client’s Information
(a) The Client warrants that all information, documents, values, classifications, weights, and declarations supplied are true, complete, and accurate. We rely entirely on Client-provided data and is not obligated to verify commercial, technical, chemical, or valuation accuracy. The Client indemnifies us against all consequences arising from incorrect, incomplete, or misleading information.
(b) The Client warrants that it is a validly existing business operating at the declared address and shall provide all KYC documents required under CBLR 2018. The Client indemnifies us against any action, suspension, cancellation, or penalty arising from non-existence, misrepresentation, or failure of Regulation 10(n) compliance.
(c) The Client must explicitly declare all dangerous, hazardous, flammable, restricted, chemical, lithium battery, or DG cargo. The Client warrants full compliance with IMDG Code, IATA DGR, and applicable laws. We may refuse, abandon, destroy, or neutralize undeclared or misdeclared DG cargo without liability. All costs, penalties, damages, and consequences shall be borne solely by the Client.
(d) The Client is solely responsible for the accuracy of VGM declarations and indemnifies us against all consequences of incorrect VGM.
6. Indemnity
The Client indemnifies and holds us, our partners, employees, and agents harmless against all losses, penalties, duties, fines, claims, and expenses arising from:
- Client instructions
- Misdeclaration or non-compliance
- Regulatory penalties
- Third-party claims
This clause survives termination.
7. Other Terms
Customs Tools
Customs Tools data is sourced from third parties and provided as-is. Accuracy, completeness, and timeliness are not guaranteed.
Time Bar
Claims must be notified within 7 days of delivery or scheduled delivery. Legal action must commence within 9 months, failing which all liability is extinguished.
Insurance
No insurance is arranged by us unless expressly agreed in writing. Clients are strongly advised to obtain adequate Marine Cargo Insurance.
Data Protection (DPDP Act 2023)
Personal data is processed for statutory customs and logistics purposes. The right to erasure is subject to mandatory record-retention obligations under Customs law and CBLR.
Force Majeure
No liability for delay or failure due to events beyond reasonable control, including government portals (ICEGATE, DGFT, etc.), shipping line or airline systems, cyber incidents, third-party infrastructure failures, ransomware, strikes, system outages, government shutdowns or events beyond our reasonable control.
Termination
We may suspend or terminate services for non-payment, non-compliance, or legal risk. Accrued rights, indemnities, liens, and limitations survive termination.
Jurisdiction & Dispute Resolution
These Terms are governed by Indian law. Courts at Mumbai, Maharashtra, shall have exclusive jurisdiction, to the exclusion of all others. At the sole option of M S Mehta & Co, disputes may be referred to arbitration by a sole arbitrator seated in Mumbai.
8. Contact Details
M S Mehta & Co
📧 Email: hello@msmehta.in
📞 Phone:+91-98709-71171
📍 Address:
31, Khatau Building, 2nd Floor
8/10 Alkesh Dinesh Modi Marg
Opp. BSE Tower, Fort
Mumbai – 400001
