The Customer warrants:
(i) that the description and particulars of any Goods or information furnished, or services required, by or on behalf
of the Customer are full and accurate, and
(ii) that any Transport Unit and/or equipment supplied by the Customer in relation to the performance of any requested
service is fit for purpose, and
that all Goods have been properly and sufficiently prepared, packed, stowed, labelled and/or marked, and that the
preparation, packing, stowage, labelling and marking are appropriate to any operations or transactions affecting
the Goods and the characteristics of the Goods.
that where the Company receives the Goods from the Customer already stowed in or on a Transport Unit, the Transport
Unit is in good condition, and is suitable for the carriage to the intended destination of the Goods loaded therein, or thereon, and
that where the Company provides the Transport Unit, on loading by the Customer, the Transport Unit is in good condition, and
is suitable for the carriage to the intended destination of the Goods loaded therein, or thereon.
Without prejudice to any rights under clause 15, where the Customer delivers to the Company, or causes the Company to
deal with or handle Goods of a dangerous or damaging nature, or Goods likely to harbour or encourage vermin or other
pests, or Goods liable to taint or affect other goods, whether declared to the Company or not, he shall be liable
for all loss or damage arising in connection with such Goods, and shall indemnify the Company against all
penalties, claims, damages, costs and expenses whatsoever arising in connection therewith, and the Goods may be
dealt with in such manner as the Company, or any other person in whose custody they may be at any relevant time, shall think fit.
The Customer undertakes that no claim shall be made against any director, servant, or employee of the Company which
imposes, or attempts to impose, upon them any liability in connection with any services which are the subject of these
conditions, and, if any such claim should nevertheless be made, to indemnify the Company against all consequences thereof.
The Customer shall save harmless and keep the Company indemnified from and against:-
all liability, loss, damage, costs and expenses whatsoever (including, without prejudice to the generality of the
foregoing, all duties, taxes, imposts, levies, deposits and outlays of whatsoever nature levied by any authority in
relation to the Goods) arising out of the Company acting in accordance with the Customer's instructions, or arising
from any breach by the Customer of any warranty contained in these conditions, or from the negligence of the Customer, and
without derogation from sub-clause (A) above, any liability assumed, or incurred by the Company when, by reason of
carrying out the Customer's instructions, the Company has become liable to any other party, and
all claims, costs and demands whatsoever and by whomsoever made or preferred, in excess of the liability of the Company
under the terms of these conditions, regardless of whether such claims, costs, and/or demands arise from, or in connection
with, the breach of contract, negligence or breach of duty of the Company, its servants, sub-contractors or agents, and
any claims of a general average nature which may be made on the Company.
The Customer shall pay to the Company in cash, or as otherwise agreed, all sums when due, immediately and without
reduction or deferment on account of any claim, counterclaim or set-off.
The Late Payment of Commercial Debts (Interest) Act 1998, as amended, shall apply to all sums due from the Customer.
Where liability arises in respect of claims of a general average nature in connection with the Goods, the Customer
shall promptly provide security to the Company, or to any other party designated by the Company, in a form acceptable
to the Company.
The Company shall perform its duties with a reasonable degree of care, diligence, skill and judgment.
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, lock-out, stoppage or restraint of labour, the consequences of which the Company is unable to avoid by the
exercise of reasonable diligence; or
any 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.
Except under special arrangements previously made in writing by an officer of the Company so authorised, the Company
accepts no responsibility with regard to any failure to adhere to agreed departure or arrival dates of Goods.
Subject to clause 2(B) and 11(B) above and sub-clause (D) below, the Company’s liability howsoever arising and, notwithstanding
that the cause of loss or damage be unexplained, shall not exceed
(i) in the case of claims for loss or damage to Goods:
(a) the value of any loss or damage, or
(b) a sum at the rate of 2 SDR per kilo of the gross weight of any Goods lost or damaged
whichever shall be the lower.
(ii) subject to (iii) below, in the case of all other claims:
(a) the value of the subject Goods of the relevant transaction between the Company and its Customer, or
(b) where the weight can be defined, a sum calculated at the rate of two SDR per kilo of the gross weight of
the subject Goods of the said transaction, or
(c) 75,000 SDR in respect of any one transaction,
whichever shall be the least.
(iii) in the case of an error and/or omission, or a series of errors and/or omissions which are repetitions of or
represent the continuation of an original error, and/or omission
(a) the loss incurred, or
(b) 75,000 SDR in the aggregate of any one trading year commencing from the time of the making of the original error, and/or omission,
whichever shall be the lower.
For the purposes of clause 26(A), the value of the Goods shall be their value when they were, or should
have been, shipped. The value of SDR shall be calculated as at the date when the claim is received by the Company in writing.
Subject to clause 2(B) above and sub-clause (D) below, the Company’s liability for loss or damage as a result of
failure to deliver, or arrange delivery of goods, in a reasonable time, or (where there is a special arrangement under
Clause 25) to adhere to agreed departure or arrival dates, shall not in any circumstances whatever exceed a sum equal to
twice the amount of the Company’s charges in respect of the relevant contract.
Save in respect of such loss or damage as is referred to at sub-clause (B), and subject to clause 2(B) above and Sub-
Clause (D) below, the Company shall not in any circumstances whatsoever be liable for indirect or consequential loss
such as (but not limited to) loss of profit, loss of market, or the consequences of delay or deviation, however caused.
On express instructions in writing declaring the commodity and its value, received from the Customer and accepted by
the Company, the Company may accept liability in excess of the limits set out in sub-clauses (A) to (C) above upon the
Customer agreeing to pay the Company’s additional charges for accepting such increased liability. Details of the Company’s
additional charges will be provided upon request.
Any claim by the Customer against the Company arising in respect of any service provided for the Customer, or which
the Company has undertaken to provide, shall be made in writing and notified to the Company within 14 days of the
date upon which the Customer became, or ought reasonably to have become, aware of any event or occurrence alleged
to give rise to such claim, and any claim not made and notified as aforesaid shall be deemed to be waived and
absolutely barred, except where the Customer can show that it was impossible for him to comply with this
time limit, and that he has made the claim as soon as it was reasonably possible for him to do so.
Notwithstanding the provisions of sub-paragraph (A) above, the Company shall in any event be discharged of
all liability whatsoever and howsoever arising in respect of any service provided for the Customer, or which
the Company has undertaken to provide, unless suit be brought and written notice thereof given to the Company
within nine months from the date of the event or occurrence alleged to give rise to a cause of action against the Company.