Standard Trading Conditions
The Customers attention is drawn to the Clauses hereof which exclude or limit the Companys liability and those which require the Customer to indemnify the Company in certain circumstances.
DEFINITIONS AND APPLICATION
1. In these Conditions:-
2. (A) Subject to Sub-Paragraph (B) below, all and any activities of the Company in the course of business whether gratuitous or not are undertaken subject to these Conditions.
(B) If any legislation is compulsorily applicable to any business undertaken, these Conditions shall, as regards such business, be read as subject to such legislation and nothing in these Conditions shall be construed as a surrender by the Company of any of its rights or immunities or as an increase of any of its responsibilities or liabilities under such legislation and if any part of these Conditions be repugnant to such legislation to any extent such part shall as regards such business be overridden to that extent and no further.
3. The Customer warrants that he is either the Owner or the authorised Agent of the Owner and also that he is accepting these Conditions not only for himself but also as Agent for and on behalf of the Owner.
4. In authorising the Customer to enter into any Contract with the Company and/or in accepting any document issued by the Company in connection with such Contract, the Owner and Consignee accept these Conditions for themselves and their Agents and for any parties on whose behalf they or their Agents may act, and in particular, but without prejudice to the generality of this Clause, they accept that the Company shall have the right to enforce against them jointly and severally any liability of the Customer under these Conditions or to recover from them any sums to be paid by the Customer which upon proper demand have not been paid.
5. (A) Subject to Clauses 13 and 14 below, the Company shall be
entitled to procure any or all of its services as an Agent or to provide
those services as a Principal.
6. When and to the extent that the Company has contracted as Principal for the performance of any of its services, it undertakes to perform and/or in its own name to procure the performance of those services, and subject always to the totality of these Conditions and in particular to Clauses 26-29 hereof accepts liability for loss of or damage to goods taken into its charge occurring between the time when it takes the goods into its charge and the time when the Company is entitled to call upon the Customer, Consignee or Owner to take delivery of the goods.
7. When and to the extent that the Company in accordance with these Conditions is acting as an Agent on behalf of the Customer, the Company shall be entitled and the Customer hereby expressly authorises the Company to enter into Contracts on behalf of the Customer:-
8. The Company reserves to itself a reasonable liberty as to the means, route and procedure to be followed in the handling, storage and transportation of goods.
9. The Company shall be entitled to perform any of its obligations herein by itself or by its parent, subsidiary or associated Companies. In the absence of agreement to the contrary any Contract to which these Conditions apply is made by the Company on its own behalf and also as Agent for and on behalf of any such parent, subsidiary, or associated Company, and any such Company shall be entitled to the benefit of these Conditions.
10. (A) Subject to Sub-Clause (B) hereof, the Company shall have
a general lien on all goods and documents relating to goods in its possession,
custody or control for all sums due at any time from the Customer or Owner,
and shall be entitled to sell or dispose of such goods or documents as
Agent for and at the expense of the Customer and apply the proceeds in
or towards the payment of such sums on 28 days notice in writing to the
Customer. Upon accounting to the Customer for any balance remaining after
payment of any sum due to the Company and the costs of sale or disposal
the Company shall be discharged of any liability whatsoever in respect
of the goods or documents.
11. The Company shall be entitled to retain and be paid all brokerages, commissions, allowances and other remunerations customarily retained by or paid to Freight Forwarders.
12. (A) If delivery of the goods or any part thereof is not taken
by the Customer, Consignee or Owner, at the time and place when and where
the Company is entitled to call upon such person to take delivery thereof,
the Company shall be entitled to store the goods or any part thereof at
the sole risk of the Customer, whereupon the liability of the Company
in respect of the goods or that part thereof stored as aforesaid shall
wholly cease and the cost of such storage if paid for or payable by the
Company or any Agent or Sub-Contractor of the Company shall forthwith
upon demand be paid by the Customer to the Company.
13. (A) No Insurance will be affected except upon express instructions
given in writing by the Customer and all Insurances affected by the Company
are subject to the usual exceptions and conditions of the Policies of
the Insurance Company or Underwriters taking the risk. Unless otherwise
agreed in writing the Company shall not be under any obligation to effect
a separate Insurance on each consignment but may declare it on any open
or general Policy held by the Company.
14. (A) Except under special arrangements previously made in writing
or under the terms of a printed document signed by the Company, any instructions
relating to the delivery or release of goods in specified circumstances
only, such as (but without prejudice to the generality of this Clause)
against payment or against surrender of a particular document, are accepted
by the Company only as Agents for the Customer where Third Parties are
engaged to affect compliance with the instructions.
15. Advice and information, in whatever form it may be given, is provided by the Company for the Customer only and the Customer shall indemnify the Company against any liability, claims, loss, damage, costs or expenses arising out of any other persons relying upon such advice or information. Except under special arrangements previously made in writing, advice and information which is not related to specific instructions accepted by the Company is provided gratuitously and without liability.
16. (A) Except under special arrangement previously made in writing
the Company will not accept or deal with bullion, coin, precious stones,
jewellery, valuables, antiques, pictures, human remains, livestock or
plants. Should any Customer nevertheless deliver any such goods to the
Company or cause the Company to handle or deal with any such goods otherwise
than under special arrangements previously made in writing the Company
shall be under no liability whatsoever for or in connection with such
goods howsoever arising.
17. Except following instructions previously received in writing and accepted 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. If such goods are accepted pursuant to a special arrangement and then in the opinion of the Company they constitute a risk to other goods, property, life or health, the Company shall where reasonably practicable contact the Customer, but reserves the right at the expense of the Customer to remove or otherwise deal with the goods.
18. Where there is a choice of rates according to the extent or degree of the liability assumed by carriers, warehousemen or others, no declaration of value where optional will be made except under special arrangements previously made in writing.
19. The Customer warrants:
20. Should the Customer otherwise than under special arrangements previously made in writing as set out in Clause 17 above deliver to the Company or cause 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, 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.
21. 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.
22. The Customer shall save harmless and keep the Company indemnified from and against:-
23. (A) The Customer shall pay to the Company in cash or as otherwise
agreed all sums immediately when due without reduction or deferment on
account of any claim, counterclaim or set-off.
24. Despite the acceptance by the Company of instructions to collect freight, duties, charges or other expenses from the Consignee or any other person the Customer shall remain responsible for such freight, duties, charges or expenses on receipt of evidence of proper demand and in the absence of evidence of payment (for whatever reason) by such Consignee or other person when due.
25. Where liability for General Average arises 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.
LIABILITY AND LIMITATION
26. The Company shall perform its duties with a reasonable degree of care, diligence, skill and judgement.
27. 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:-
28. Except under special arrangements previously made in writing the Company accepts no responsibility for departure or arrival dates of goods.
29. (A) Subject to Clause 2(B) above and Sub-Clause (D) below the companys liability howsoever arising and notwithstanding that the cause of loss or damage be unexplained shall not exceed
(B) Subject to Clause 2(B) above, and Sub-Clause (D) below, the Companys
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 28) to adhere to agreed departure or arrival dates shall
not in any circumstances whatever exceed a sum equal to twice the amount
of the Companys charges in respect of the relevant transaction.
30. (A) 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 should
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
JURISDICTION AND LAW
31. These Conditions and any act or contract to which they apply shall be governed by the laws of the Republic of Ireland and any dispute arising out of any act or contract to which these Conditions apply shall be subject to the exclusive jurisdiction of the Courts of the Republic of Ireland.
ISSUED JUNE 1996
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