GENERAL TERMS AND CONDITIONS
These terms and conditions constitute a legally binding agreement between the Company and the Customer. As consideration for and acting upon an agreed quotation with respect to freight or other charges in connection with services provided by the Company, the Customer and the Company agree as follows:
“Company” shall mean International Shipping Limited including its agents and employees.
“Customer” shall mean the individual or entity for which the Company is rendering its service, including its agents and representatives.
1. The Customer warrants that he is either the owner of the goods or the authorised agent of the owner and that he is accepting these conditions not only for himself but also as agent for and on behalf of the owner.
2. Unless services are to be performed by persons or firms engaged pursuant to express written instructions from the Customer, the Company shall use reasonable care in its selection of third parties that provide any services engaged on behalf of the Customer. The advice by the Company that a particular person or firm has been selected to render services with respect to the goods, shall not be construed to mean that the Company warrants or represents that such person or firm will render such services nor does the Company assume responsibility or liability for any actions or inactions of such third parties and/or its agents, and shall not be liable for any delay or loss of any kind, which occurs while a shipment is in the custody or control of a third party and/or its agent. All claims in connection with the action or inaction of a third party shall be brought solely against such party and/or its agents.
3. The Customer shall be unconditionally responsible for all freight or other charges pursuant to these Terms and Conditions, notwithstanding that:
(a) The Customer may be a licensed customs broker or consignee’s agent or other agent; or
(b) The Customer expects payment of such charges to be made by another person or agent.
4. The Customer agrees that its obligation to pay freight or other charges is governed by these Terms and Conditions printed herein and the terms and conditions printed on the reverse of any Bill of Lading/Air Waybill governing the carriage of the Customer’s goods.
5. In the event that there is any dispute and/or conflict between the terms and conditions contained in the relevant Bill of Lading/Air Waybill or those contained herein as between the Company and the Customer, these Terms and Conditions shall take precedence over any such terms.
6. The Customer warrants that:
(a) all instructions and information furnished with respect to the goods or services required by or on behalf of the Customer, are accurate and valid. The Customer further undertakes to provide independent confirmation of such particulars on the request of the Company. Any storage/demurrage charges and/or other penalties occurring as a result of the failure to provide accurate or valid information will be for the Customer’s account;
(b) (except where the Company has accepted instructions in respect of the preparation, packing, stowage, labelling or marking of the goods), all goods have been properly and sufficiently prepared, packed, stowed, labelled and/or marked and the preparation, packing, stowage, labelling and marking are appropriate to any operations or transactions affecting the goods and the characteristics of the goods; and
(c) subject to Clause 7 below, the goods are not of a dangerous or damaging nature and not prohibited under any applicable law.
7. (a) Except as pursuant to instructions previously received in writing and accepted in writing by the Company, the Company will not accept or deal with goods of a dangerous or damaging nature, nor with goods likely to harbour or encourage vermin or other pests, nor with goods liable to taint or affect other goods. The Customer undertakes to mark any such goods, in compliance with any laws or regulations that may be applicable during the carriage. If such goods are accepted pursuant to a special arrangement, and thereafter in the opinion of the Company, constitute a risk to other goods, property, life or health, the Company shall, where reasonably practicable, contact the Customer in order to require the removal or other dealing with the goods, but reserves the right, in any event, to do so at the expense of the Customer.
(b) If the Customer fails to comply with the requirements in subclause (a), the Customer shall indemnify the Company against all loss, damage or expense arising out of the goods being tendered for transportation or handled or carried by or on behalf of third parties retained by the Company.
8. No insurance will be effected by the Company on any goods except upon express instructions given in writing by the Customer and accepted in writing by the Company. All such insurances effected by the Company are subject to the usual exceptions and conditions of the policies of the insurers or underwriters taking the risk. Insofar as the Company agrees to effect insurance, the Company acts solely as agent for the Customer and shall not be liable for any reason whatsoever should the Customer fail to recover a loss in whole or in part from the insurer under the policy.
9. The Customer shall be liable to pay in full, all monies due and owing to the Company:
(a) immediately on the expiration of any agreed credit terms;
(b) upon release of the delivery or Bill of Lading/Air Waybill if no such credit terms have been agreed; or
(c) upon failure of the Customer to take delivery of the goods within the time period specified in the Company’s notice to the Customer, that such goods are available for collection.
10. All freight and other charges reasonably incurred shall be deemed to have been earned upon the provision of services by the Company or its principals or agents and same shall be due by the Customer to the Company or its principals or agents.
11. Each Bill of Lading/Air Waybill with respect to the Customer’s goods shall be deemed an individual account.
12. The Customer shall pay to the Company all sums immediately when due without reduction whatsoever or deferment on account of any claim, counterclaim or set off.
13. The Customer agrees that the Company has the right and absolute discretion to appropriate and apply any payment made by the Customer towards any debts (including statutebarred debts) due to the Company on any account including any credit charge and/or any collection and/or legal costs arising in respect of such accounts and the Customer irrevocably authorizes the Company to do so notwithstanding any instruction to the contrary given by the Company at the time of payment or otherwise.
14. The Customer shall reimburse the Company for any taxes or charges paid to expedite clearance or delivery of the goods including customs and excise duties and value added tax, within seven (7) days of such payment by the Company, unless otherwise agreed between the Customer and the Company, and the Company shall have the right in the event that such reimbursement is not made within such seven (7) day period to levy such finance charges as it considers reasonable to cover such extended credit period.
15. All collection charges and/or legal costs reasonably incurred by the Company for the recovery of outstanding debts shall be for the Customer’s account. Returned cheques shall be subject to a handling fee of $100 or such amount that the Company from time to time considers to be reasonable. The Customer acknowledges that the Company reserves the right to report any returned or dishonoured cheques to the Trinidad and Tobago Police Service and such other authorities as it considers appropriate.
16. (a) The Customer agrees to the general lien contained in any relevant Bill of Lading/Air Waybill on any and all property and related documents in connection with any shipment and/or service granted to the Customer by the Company. The Customer also agrees and hereby irrevocably grants to the Company a general lien over all property and related documents in connection with any shipment which is in the Company’s possession, custody or control, for all sums due at any time to the Company from the Customer and/or owner of the goods on any account whatsoever, whether relating to the goods or services provided by the Company to the Customer or owner of the goods. Storage, demurrage, detention, monitoring, electricity and all other charges shall continue to accrue on any goods detained under lien.
(b) Where the Customer fails to pay any sum due and owing to the Company, the Company shall be entitled to, on at least twenty (20) days’ notice in writing to the Customer of the exercise of its rights, sell or dispose of or deal with such goods or documents as agent for, and at the expense of the Customer. The Company shall apply the net proceeds in or towards the payment of such sums and any proceeds remaining thereafter shall be refunded to the Company.
(c) The Company shall, upon accounting to the Customer for any balance remaining after payment of any sum due to the Company, and for the cost of sale and/or disposal and/or dealing, be discharged of any liability whatsoever in respect of the goods or documents. The Customer will not be relieved from liability to pay all outstandings due and owing to the Company merely because the goods have been sold or the late submission of invoices by the Company.
17. Where the Customer or owner of the goods fail to take delivery after the expiry of sixty (60) days from the Company’s notification that such goods are available for collection, the Company shall be entitled to store the goods, or any part thereof, at the sole risk of the Customer or owner of the goods, whereupon the Company’s liability in respect of the goods, or that part thereof, shall wholly cease. The Customer hereby consents and irrevocably authorizes the Company, to advertise and sell such goods or any part thereof, either by private sale and/or public auction and apply the proceeds of same to any debt due and owing by the Customer (including statutebarred debts and/or any credit charge and/or any collection and/or legal costs arising in respect of the same) and any net proceeds remaining thereafter shall be refunded to the Company. The Customer hereby further agrees that the Company shall not be responsible for any deficiency between the value of the goods and the amount received. All costs incurred by the Company as a result of the failure to take delivery shall be for the Customer’s account, and such costs shall be paid by the Customer to the Company.
18. The Company shall not be obligated to execute its services under these Terms and Conditions in the event that, inter alia, the Customer does not comply with applicable regulations including but not limited to customs regulations and/or where a “Do Not Load” instruction or other equivalent instruction is received from customs or other governmental authority. Without derogating from the generality of this provision, the Customer warrants to specifically comply with all applicable regulations of the relevant jurisdictions.
19. The Company shall not be liable for any costs incurred resulting from a subsequent cancellation of any bookings after its quotation has been accepted by the Customer.
20. Quotations as to fees, rates of duty, freight charges and other charges are given by the Company to the Customer as its best estimate, on the basis of immediate acceptance and are subject to change without notice. Where variations and additional charges beyond the Company’s control are incurred any such variation or additional charge
will be for the Customer’s account. No quotation shall be binding upon the Company unless the Company, in writing, agrees to render its services at a specific rate or amount set forth in the quotation and payment arrangements are agreed between the Customer and the Company.
21. Transit time(s) and arrival dates estimated are based upon current schedules, vessel rotations and availability of equipment and are therefore subject to change without notice.
22. The Customer accepts that unless otherwise specifically stated therein, the Company’s quotation excludes: particular cargo insurance, legalizations, letter of credit charges, freight collection charges, port/line storage or demurrage charges, charges for offloading or grounding of containers/units, customs duty or taxes at both the port of load and port of discharge.
23. The Company shall only be liable for its negligent acts which are the direct or proximate cause of any injury to the Customer, including loss or damage to the Customer’s goods and the Company shall in no event be liable for the acts of third parties.
24. The Company shall be relieved of liability for any loss or damage, if and to the extent that such loss or damage is caused by strike, lockout, stoppage or restraint of labour or any event of force majeure or any other cause or event which the Company is unable to avoid and the consequences of which the Company is unable to prevent by the exercise of reasonable diligence.
25. The Customer shall indemnify, defend and hold the Company harmless from any claims and/or liability arising from the importation or exportation of the Customer’s goods and/or any conduct of the Customer which violates any law, and further agrees to indemnify and hold the Company harmless against any and all duties, taxes, payments, fines, expenses, charges including reasonable attorney’s fees, losses, claims or liabilities including without limitation any storage, demurrage, port, terminal, monitoring, auctioning or reexportation charges which the Company may incur in connection with the importation or exportation of the Customer’s goods or be required to pay by reason of such claims.
26. The Terms and Conditions contained herein may only be modified, altered or amended in writing both the Customer and Company; any attempt to unilaterally modify, alter or amend same shall be null and void.
27. If any Term or Condition contained herein shall be held to be invalid, illegal or unenforceable; the validity, legality and enforceability of the remaining Terms and Condition shall not in any way be affected or impaired thereby, and this agreement shall be interpreted as if such Term or Condition was not a part hereof.
28. These Terms and Conditions and any act to which they apply shall be governed by and construed in accordance with the Laws of Trinidad and Tobago.