Terms of Service
Effective date: 1 January 2026. These terms govern all freight forwarding, vessel chartering, and logistics services provided by Brightway.
1. Scope and Definitions
These Terms of Service ("Terms") apply to all services rendered by brightway, a freight forwarding and vessel chartering firm registered in Gandhidham, Gujarat, India, to any client engaging the Company.
"Services" means freight forwarding, customs clearance, multimodal transport coordination, vessel chartering, warehousing support, and related logistics operations. "Shipment" means any cargo, consignment, or goods handled under a booking or contract.
Engagement of the Company's services constitutes acceptance of these Terms in full. Where a written service agreement exists, it supersedes these Terms only to the extent of direct conflict.
2. Governing Regulations
All services are governed by applicable Indian law, including the Carriage of Goods by Sea Act 1925, the Customs Act 1962, and the Foreign Trade (Development and Regulation) Act 1992, as amended.
International shipments are additionally subject to the Hague-Visby Rules, IATA regulations where air freight is involved, and port regulations of Mundra Port and any other port of loading or discharge.
3. Client Obligations
The Client is solely responsible for the accuracy, completeness, and timeliness of all shipping instructions, cargo declarations, commercial invoices, packing lists, and other documentation provided to the Company.
The Client warrants that all goods tendered for shipment are accurately described, lawfully owned or authorised for export/import, and comply with all applicable regulations. Prohibited or restricted goods must be declared in advance.
Any delay, fine, penalty, or additional cost arising from inaccurate or incomplete documentation provided by the Client shall be borne entirely by the Client.
4. Company Obligations
The Company will exercise reasonable care and diligence in arranging and coordinating the agreed services. The Company acts as agent for the Client unless a specific written agreement designates the Company as principal carrier.
Vessel placement, routing, and scheduling are subject to availability and port conditions. The Company will communicate material changes promptly and work to minimise disruption.
5. Liability
The Company's liability for loss, damage, or delay to cargo is limited to the lesser of the actual loss or the applicable statutory limit under the governing convention or act. No liability attaches to the Company for consequential, indirect, or economic loss.
The Company is not liable for events beyond its reasonable control, including port congestion, customs holds, strikes, acts of nature, war, or regulatory changes. The Client is advised to maintain appropriate cargo insurance.
Claims for loss or damage must be submitted in writing within 14 days of delivery or, where goods are not delivered, within 14 days of the scheduled delivery date.
6. Payment Terms
Freight charges, agency fees, and disbursements are payable as specified in the Company's invoice. Unless otherwise agreed in writing, payment is due within 15 days of invoice date.
The Company reserves the right to exercise a general lien over any goods, documents, or funds in its possession until all outstanding amounts are settled. Overdue balances attract interest at 18% per annum or the maximum rate permitted by law, whichever is lower.
7. Dispute Resolution
Disputes arising from these Terms shall first be referred to good-faith negotiation between the parties. If unresolved within 30 days, disputes shall be submitted to binding arbitration under the Arbitration and Conciliation Act 1996 (India).
The seat of arbitration shall be Gandhidham, Gujarat, India. Proceedings shall be conducted in English. The award shall be final and binding on both parties.
8. Governing Jurisdiction
These Terms are governed by and construed in accordance with the laws of India. Subject to the arbitration clause above, both parties submit to the exclusive jurisdiction of the courts of Gandhidham, Gujarat.
9. Amendments
Brightway reserves the right to revise these Terms at any time. Updated Terms will be published on this page with a revised effective date. Continued use of the Company's services after publication constitutes acceptance of the revised Terms.
Questions about these terms?
Write to prince@brightwayshipping.online or use our contact form. We will respond within two business days.