Terms & Conditions
(a) The contract shall be “at limited carrier’s risk” (pursuant to the Contract and Commercial Law Act 2017) hereinafter referred to as “the Act” unless:-
(i) The contracting party or his agent has signed on the face hereof or on any other document relating to the carriage of the goods a statement in the following terms:- “These goods are to be carried at ‘owner’s risk’.” This means that the carrier will pay no compensation if the goods are lost or damaged unless he intentionally loses or damages them; or
(ii) There is a contract in writing expressed to be “owners risk” signed by the parties or their agents relating, but not necessarily exclusively, to the carriage of goods, in which case the contract shall be ‘at owner’s risk”; or
(iii) The contract is expressed on the face hereof to be “declared value” with the value declaration expressed thereafter, in which case the contract shall be a contract of carriage “at declared value risk” for the purposes of the Act, and the value declared will (unless specified otherwise) be deemed to refer to the total value of all goods carried under the contract.
(b) In any case (but subject in the case of a contract “at limited carrier’s risk” to the limitation contained in Section 259 of the Act and in the case of a contract “at declared value risk” to the limitation up to the amount specified on the face hereof, pursuant to Section s248(2)(b) of the Act)
(i) the Forwarder shall not be under any liability, howsoever caused or arising and (without limiting the generality of the foregoing) whether caused or arising as a result of the negligence of the Forwarder or otherwise for any damage to, loss, deterioration, mis-delivery, delay in delivery or non-delivery of the goods (whether the goods are or have been in the possession of the Forwarder or not) nor for any instructions, advice, information or service given or provided to any person, whether in respect of the goods or any other thing or matter, nor for any consequential or indirect loss, loss of market or consequences of delay; and
(ii) the contracting party will indemnify the Forwarder against all claims of any kind whatsoever, howsoever caused or arising and (without limiting the generality of the foregoing) whether caused or arising as a result of the negligence of the Forwarder or otherwise, brought by any person in connection with any matter or thing done said or omitted by the Forwarder in connection with the goods.
2. NOTIFICATION OF CLAIMS AND LIMITATION OF ACTIONS
(a) The Forwarder shall be under no liability whatsoever unless:-
(i) Written notice of any claim, giving reasonable particulars of the event giving rise to the claim and any alleged damage of loss, is received by the Forwarder within seven days after delivery or, in the case of non-delivery, within fourteen days after the date of despatch;
(ii) An action shall have been commenced by the contracting party in a Court of competent jurisdiction within six months of delivery or, in the case of non-delivery, within six months and fourteen days of the date of despatch.
(b) Sections 274, 275, 276, 277, 278, 279, 280 and 281 of the Act shall not apply to the contract.
3. THE Forwarder reserves the right to refuse carriage for any person or for any class of goods.
4. ALL terms used in this contract shall have the meanings as set out in the Act, and where the conditions contained in this contract differ from the provisions of the Act then so far as the parties are able the contract prevails over any statutory provision and the parties are deemed to have contracted out of the provisions of the Act and the Forwarder shall not be bound by any agreement varying these conditions unless such agreement shall be in writing and signed with due authority on behalf of the Forwarder.
5. THE goods shall comply with the requirement of any applicable law relating to the nature, labelling and packaging and carriage of goods and the expenses and charges of the Forwarder in complying with the provisions of any such law or with any order or requirement thereunder or with the requirement of any harbour, dock railway, shipping, customs, excise duty, or sales tax, warehouse, or other authority or company or the expenses, charges, levies or fines arising out of the breach of any applicable law shall be paid by the Contracting Party.
6. THE goods shall be safely and properly packaged and labelled and fully described in writing in the space provided hereon including the name and the nature and the value of all goods subject to special rates of carriage or of a noxious, dangerous, hazardous or inflammable nature or capable of causing damage or injury to any other goods or property or to any persons or animals and additional freight charges shall be paid on such goods if deemed necessary by the Forwarder. Failure to safely and properly package or label or to fully describe any goods as aforesaid shall render the Contracting Party liable for any loss or damage whatsoever caused to or by such goods and acceptance caused to or by such goods and acceptance of the goods for carriage without discovery of any such defect or lack shall not exclude or diminish any liability on the part of the Contracting Party.
7. THE Forwarder may charge freight by weight, measurement or value, and may at any time re-weigh or re-value or re-measure or require the goods to be re-weighted, re-valued, or re-measured and charge proportional additional freight accordingly.
8. FREIGHT shall be considered earned and shall fall due for payment as soon as the goods are loaded and despatched by the Forwarder without deduction. Payment shall not be withheld or deferred on account of any claim, counter claim or set-off. Should payment in full not be made to the Forwarder within seven days after the due date for payment then;
(a) the Contracting Party shall pay interest on all amounts outstanding at a rate which is 5% above the rate charged over the relevant period by the Forwarder’s bankers on primary level overdraft advances to the Forwarder, and
(b) the Forwarder shall be entitled to sue forthwith for the recovery of all outstanding freight and interest thereon and Section 283 of the Act shall not apply; and
(c) any costs incurred by the Forwarder in connection with recovery action taken in respect of outstanding freight and other charges shall be payable by the Contracting Party on demand.