Lien and Detention

 


Right to lien and detention :-

a)   Constituent shall pay the bills presented by the Forwarder within  15 days of their presentation , failing which penal interest at the provided rate of interest ( may be 3% or near by ) above Bank's lending rate of interest shall become due to payable .

b)    The forwarder has a right to lean and a right to detention over the goods or other securities and effects lying within his power of disposal in respect of any amount whether already due for payment or not which  the forwarder is entitle to receive in respect of service to the customer . In exercise of the lien under the clause , the forwarder shall be entitled to dispose of the goods , either by public or private sales upon which lien is exercised , to recover this dues , provided that he gives a written notice of at least 7 days to the customer of his intention to do so . The forwarder is entitled to recover all the balance amount from the customer after recovery of the dues by the sale of the goods under this clause and the right exercised by forwarder under this clause shall not be deemed to have been  waiver of his right to take further legal steps to recover the dues .

Time Limit :-

Claims against the forwarder shall be timed barred within a period of one year commencing from the day of delivery of the goods to the consignee named in the contract or , if no delivery has taken place , from the data of the conclusion of the forwarding contract .

Jurisdiction :- 

Unless expressly agree to the contrary , claims against the forwarder shall be decided at the principal place of his business . 



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