- The following terms shall apply in these terms and conditions:
Company trading under these conditions shall be henceforth “Company” and any Person at whose behalf and request the Company initiates any business or supplies counsel information or services, shall be henceforth “Customer”. Person to whom the goods are consigned shall be defined as “Consignee”. Pallets, packing case, trailer, container or any other devise used for and in connection with the carriage of Goods by land, sea or air shall be defined as “Transport Unit”. Owner of the Transport Unit or Goods, in addition to any other Person who is or may become interested in them are defined as “Owner”, while the cargo to which these business conditions relates to shall be defined as “Goods”. “Person” shall be defined as bodies corporate or any natural person(s) or any body. Defined by International Monetary Fund the Special Drawing Rights shall be henceforth denoted as “SDR”.
- (A) All business activities undertaken by the Company shall be subject to these conditions, but subject to sub-paragraph (B) below.
(B) In case the business undertaken is subject to any legislation, the obligations imposed shall be to no greater extent than of subject legislation and nothing in subject conditions will be interpreted as a resignation by the Company of any of its rights or immunities. If any part of these conditions is contradictory to such legislation the Company shall only be liable as per such contradictions and to no further extent.
- It is warranted by the Customer that he is the owner of the goods and that he is accepting these conditions for himself. In case, Customer is the authorized agent of the Owner of the goods, the Customer warrants that he accepts these conditions as agent and on the part of the Owner.
- (A) The company has the right to provide any or all of the services as a principle or to obtain them as an Agent subject to 10 and 11 below.
(B) Subject to these conditions the Company reserves to itself total freedom in choosing the means, route or procedure followed to perform the services.
- The Company shall possess full liberty when contracted as a principle in subcontract all or part of such services on any terms.
- (A) Acting as an agent on behalf of the Customer, the Company shall have the right, and the Customer expressly grants this right, for the Company to enter into any contract on behalf of the Customer as may be required or preferred to fulfill the Customer’s instructions.
- (A) The Company shall have immediate right to dispose of or sell any goods which are liable to deteriorate or perish upon any sum which becomes payable to the Company. This right shall depend only on the Company taking reasonable steps to bring this intention to Customer’s attention.
(B) Subject to 7(A) above, the Company:
(i) has lien on all goods in its possession, control or custody, including lien on all documents related to these goods for all amounts due by the Owner and/or Customer to the Company on any account. The amounts due are related to all Goods belonging to the Customer or Owner, or to services which are provided on behalf of or by the Company. For any goods which are detained under lien, storage charges shall continue to accrue.
(ii) has the authority to deal with, dispose of or sell such Goods or documents as agents for and at the expense of the Customer and to apply proceeds in or towards the payment of such sums, subject to at least 28 days notice in writing to the Customer.
(iii) shall be discharged of all liability related to the Goods or documents, subject to accounting to the Customer of all remaining balances left over after settlement of all payments due to the Company, and all payments related to disposal and/or cost of sale and/or dealing.
- The Company is authorized and is entitled to retain and be paid all payments customarily paid to, or retained by, the Freight Forwarder.
- (A) In the case when Customer, Owner or Consignee fails to take delivery of the goods at the appointed time and place, the Company has a full right to store part of or all of the Cargo at the Customer’s or Owner’s or Consignee’s sole risk and expense. In this instance the Company’s liability for any part of the Goods, stored or not, shall completely cease. Any liability whatsoever related to storage of these goods shall be governed by these conditions. Any costs incurred in the connection of failure by the Customer to collect the Cargo, shall be deemed as freight earned and upon demand be paid by the Customer.
(B) By sale or as otherwise may be reasonable and at the expense of the Customer, the Company is entitled to deal with or dispose of-
(i) any Goods after at least 28 days following a notice in writing to the Customer, or without notice in regards to any Goods held by the Company for 90 days in cases where Customer could not be traced and reasonable efforts by the Company have been made to locate any party which may have interest in the Goods.
(ii) without notice for any Goods which have, or are in the immediate prospect, of altering, deteriorating or perishing and in effect have caused or can be reasonably expected to cause damage or loss to the Company, or third party, or violate any regulation or law.
- (A) Any instruction in regards to the delivery or release of Goods are accepted by the Company only as agents for the Customer, when the Company has to engage third parties to fulfill such instructions. Except under special arrangements made in writing by so authorized officer of the company or printed document signed by the Company.
(B) In the absence of payment from Consignee, or any other Person, the Customer shall remain responsible for any freight, dues, duties, charges or other such expenses despite acceptance by the Company of instructions from the Customer to collect such payments from Consignee, or any other Person.
(C) The Company’s liability in regards to the arrangements or performance referred to in sub-clause (A) and (B) is subject to the clause 21 below. In any event Company shall not be held liable unless such arrangements are made in writing.
- Any advise or information provided by the Company to the Customer is for Customer only, in whatever form this information or advise may be given. The Customer will reimburse the Company for any loss or damage which may arise as a result of passing this advise or information to the third party.
- In regards to Goods which require special arrangements of carriage, handling or security due to their high attractiveness to theft or for whatever other reason, including but not limited to bullion, coin, precious stones, jewelry, valuables antiques, pictures, human remains, livestock, pets, plants, the Company will not accept to handle such goods unless previously agreed to do so by an officer of the Company so authorized. In any case the Company shall have no liability in connection with such goods, should the Customer deliver such goods to the Company or cause the company to handle or deal with such goods without prior arrangement.
- The company will not accept or deal with Goods of damaging or dangerous nature, nor with Goods that are likely to taint or impact other goods or harbor or encourage pests or other vermin, unless such instruction have been received and acknowledged by the Company in writing. If the Company does accept such Goods, subject to arranged special instructions of handling, and thereafter in the opinion of the Company such Goods pose a threat to other Goods, life or health, property, the Company will contact the Customer, if this is possible, to otherwise deal with or remove the goods, but reserves the right to choose to do so at the Customer’s expense.
- (A) The Customer warrants that information provided, description and specifications of Goods, in addition to services required on behalf of or by the Customer are complete and accurate. Furthermore, Company warrants that any equipment and/or Transport Unit provided by the company is suitable for the purpose of performing the required services and that all Goods are properly prepared, packaged, labeled, marked and/or stowed and that this packaging, preparation, stowage and labelling and marking are appropriate for the characteristics of the goods and any dealings affecting the goods.
(B) When Goods are received by the Company already stowed in or on a Transport Unit the Customer warrants that the Transport Unit received by the Company is in good condition and is fit for the purpose of carriage to the intended destination.
- Without prejudice to any rights under clause 14, whether declared to the Company or not, the Customer shall be fully liable for all loss or damage arising in connection to any Goods of damaging or dangerous nature, or Goods that are likely to taint or impact other goods or harbor or encourage pests or other vermin and the Company, or any other person in whose custody they may be, shall deal with such goods in any way they see fit. The Customer shall indemnify the Company of any costs, expenses, claims, penalties or expenses whatsoever arising in connection to such Goods.
- The Customer shall indemnify and hold harmless the Company from and against-
(A) Any liability in full from expenses whatsoever arising, any loss or damage, cost of any authorities levied in relation to the Goods, arising from negligence of the Customer, arising from the Company acting in accordance to the Customer instruction, or arising from the Customer’s breach of any warranty contained in these conditions.
(B) Any liability in full arising from third party to the Company, while in the process of carrying out Customer’s instructions, without derogation to sub-clause (A) above
(C) Any claims in full in excess of Companies liability under the terms of these conditions, even if such claims are the consequence of breach of contract, negligence or breach of duty of the Company, its sub-contractors or agents, and
(D) Any claims of General Average nature made against the Company.
- The Customer shall not postpone and pay immediately all sums when due to the Company without deferment, offset or reduction on account of any claim, counterclaim or set-off.
- Reasonable degree of care and diligence shall be taken by the company to perform the services.
- The Company shall not be held liable for any loss or damage which arose as a consequence of:-
(A) stoppage or restraint of labour, lock-out, strike, strikes, labor stoppage, restraint of labor, or lock-outs the result of which the Company is unable to avoid by reasonable diligence; or
(B) any cause or event which cannot be averted by the Company and the result of which the Company is unable to prevent by the utilization of reasonable diligence.
- No responsibility shall be accepted by the Company for departure or arrival dates of Goods unless such arrangement has been previously made in writing by officer of the Company so authorized.
- In case of any partial or total loss or damage of the cargo, which occurred as a result of transportation, Company shall assist the Customer in reimbursement from the cargo insurance company. In the event of failure by the cargo insurance company to pay compensation, and if the insured event occurs on Company’s proven fault, the Company shall indemnify the loss or damage of the cargo in accordance with applicable International Conventions and Agreements in transport, including but not limited to as CMR Convention, SMGS, Warsaw Convention 1929, Montreal Conventions and etc. Company shall not be liable for losses or damages if the Customer has been refused compensation by the cargo insurance company under the cargo insurance contract/terms. Notwithstanding the forgoing under no circumstances will the Company be liable for claims involving consequential loss, delay, loss of profit, loss of market and liquidated damages.
- The Company shall not be liable under any circumstances for more than twice the amount of Company’s charges as per the relevant contract, in respect of loss or damage arising out of failure to arrange delivery, or failure to deliver the goods in a reasonable time or (under special prior arrangement as per Clause 20) to comply to the agreed departure or arrival dates.
- (A)The Customer has to submit claim to the Company in writing within deadline, specified by applicable International convention as mentioned above or applicable law. If the Customer has not notified the Company in writing within this time period, any such a claim will be considered waived and absolutely void.
DEFINITIONS AND APPLICATION
LIABILITY AND LIMITATION
Drive India Enterprises
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