Terms and Conditions Standard Trading Conditions
Definitions and Application:
“Carrier” the carrier appointed [by the Company] to deliver the Goods;
“Company” International Vehicle Shipping Services Limited. Company No. 10446272 Registered Office – 27 Old Gloucester Street, London, United Kingdom, WC1N 3AX – Trading as IVSS or IVSSUK
“Conditions” these standard trading conditions;
“Consignee” the Person to whom the Goods are consigned;
“Customer” any Person at whose request or on whose behalf the Company undertakes any business or provides advice, information or services (and “Customers” shall have the corresponding meaning);
“Direct Representative” the Company acting in the name of and on behalf of the Customer and/or Owner with H.M. Revenue and Customs (“HMRC”) as defined by Council Regulation 2193/92 or as amended;
“Goods” the cargo to which any business under these Conditions relates;
“Person” natural person(s) or any body or bodies corporate;
“SDR” Special Drawing Rights as defined by the International Monetary Fund;
“Owner” the Owner of the Goods and any other Person who is or may become interested in them.
- (i) All and any business undertaken, including any advice, information or service provided whether gratuitously or not by the Company is transacted subject to these Conditions hereinafter set out and each Condition shall be deemed to be incorporated in and to be a Condition of any agreement between the Company and the Customer. No agent or employee of the Company has the Company’s authority to alter or vary these Conditions.
(ii) 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 or 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 void to that extent but no further.
- Customers entering into transactions of any kind with the Company expressly warrant that they are either the Owners or the authorised agents of the Owners of any Goods to which the transaction relates and further warrant that they are authorised to accept and are accepting these Conditions not only for themselves but also as agents for and on behalf of all other persons who are or may thereafter become interested in the Goods.
- Any instructions or business accepted by the Company may in the absolute discretion of the Company be fulfilled by the Company itself by its own servants performing part or all of the relevant services or by the Company employing or instructing or entrusting the Goods to others on such conditions as such others may stipulate to perform part or all of the services.
- Subject to express instructions in writing given by the Customer, the Company reserves to itself absolute discretion as to the means, route and procedure to be followed in the handling, storage, and transportation of Goods. Further, if in the opinion of the Company it is at any stage necessary or desirable in the Customer’s interests to depart from those instructions, the Company shall be at liberty to do so.
- Pending forwarding or delivery, Goods may be warehoused or otherwise held at any place or places at the sole discretion of the Company and the cost thereof shall be for the account of the Customer.
- Except where the Company agrees in writing to pack the Goods on behalf of the Customer, the Customer warrants that all consignments of the Goods and any separate package forming part of a consignment, have been properly and sufficiently packed, stowed, labelled and/or prepared and that the packing, stowage, labelling and preparation are appropriate to any operations or transactions affecting the Goods and the characteristics of the Goods.
- The Company is entitled to retain and be paid all brokerages, commissions, allowances and other remuneration customarily retained by, or paid to, freight forwarders.
- In all and any dealings with HMRC for and on behalf of the Customer and/or Owner, the Company is deemed to be appointed, and acts as Direct Representative only.
- Quotations are given on the basis of immediate acceptance and are subject to withdrawals or revisions. Further unless otherwise agreed in writing the Company shall, after acceptance, be at liberty to revise quotations or charges with or without notice in the event of changes occurring in currency exchange rates, rates of freight, insurance premiums or any charges applicable to the Goods.
- The Customer agrees to be bound by and to warrant the accuracy of all descriptions, values and other particulars furnished to the Company for Customs, Consular and other purposes and undertakes to indemnify the Company against all losses, damages, expenses and fines whatsoever arising from any inaccuracy or omission, even if such inaccuracy or omission is not due to any negligence.
- The Customer shall be liable for any duties, taxes, imposts, levies, deposits or outlays of any kind levied by the authorities at any port or place for or in connection with the Goods and for any payments, fines, expenses, loss or damage whatsoever incurred or sustained by the Company in connection therewith.
- When Goods are accepted or dealt with upon instructions to collect freight, duties, charges, dues or other expenses from the Consignee or any other person the Customer shall remain responsible for the same if they are not paid by such Consignee or other person immediately when due.
- The Company shall not be obligated to arrange for the Goods to be carried, stored or handled separately from the goods of other customers.
- Risk in and responsibility for the Goods shall remain with the Customer until such time as the Goods are in the possession of the Carrier, at which point risk in and responsibility for the Goods shall pass directly to the Carrier. The Customer shall, at its own expense, obtain and maintain:
(i) marine insurance and such other insurance policies as a prudent owner of goods of a similar kind to the Goods would obtain to cover all usual risks of loss, damage, destruction by fire, theft, collision or accident, and wreck removal to a value not less than the full replacement value of the Goods; and
(iii) insurance of a sufficient amount to cover any third party or public liability risks of whatever nature and however arising in connection with the Goods; and
- In the event that the Customer requests the Company to provide any insurance cover required in accordance with condition 14 above, and such request is accepted by the Company in writing, all and any insurances effected by the Company shall be subject to the usual exceptions and conditions of the policies of the insurers or underwriters taking the risk. 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. Should the insurers dispute their liability for any reason the insured shall have recourse against the insurers only and the Company shall not be under any responsibility or liability whatsoever in relation thereto, notwithstanding that the premium upon the policy may not be at the same rate as that charged by the Company or paid to the Company by the Customer.
LIABILITY AND LIMITATION
- (i) The Company shall only be responsible for any loss of or damage to the Goods or for any non-delivery or mis-delivery of the Goods if it is proved that the loss, damage, non-delivery or mis-delivery occurred whilst the Goods were in the actual custody of the Company and under its actual control and that such loss, damage, non-delivery or mis-delivery was due to the negligence, wilful neglect or default of the Company or its own servants and the Company shall not be held liable for any loss, damage, non-delivery or mis-delivery caused by or attributable to any other party, including but not limited to, the Carrier.
(ii) The Company shall only be liable for non-compliance or mis-compliance with instructions given to it by the Customer if it is proved that the same was caused by the negligence, wilful neglect or default of the Company or its own servants.
(iii) In the event of loss or non-delivery of a consignment of the Goods, or any separate package forming part of a consignment, following delivery or collection by the Carrier of the same, the Company shall have no liability towards the Customer for such loss or non-delivery but shall, if requested to do so, provide the Customer with such reasonable assistance, at the cost of the Customer, to enable the Customer to take action against the Carrier, or such other party, as the case may be].
(iv) Save as aforesaid the Company shall be under no liability whatsoever however arising, and whether in respect of or in connection with any Goods or any instructions, business, advice, information or service or otherwise including (but not limited to) any failure by the Company to adhere to agreed departure or arrival dates of Goods.
(v) Further and without prejudice to the preceding sub-condition, the Company shall not in any event, whether under sub-condition (i) or (ii) or otherwise, be under any liability, whatsoever for any indirect or consequential loss such as (but not limited to) loss of profit or loss of market or fire or consequence of fire or delay or deviation however caused, or any cause or event which the Company is unable to avoid, and the consequences of which the Company is unable to prevent including (but not limited to) any strike, lock-out, stoppage or restraint of labour.
- In no case whatsoever shall any liability of the Company, howsoever arising and notwithstanding any lack of explanation exceed the value of the relevant Goods; or a sum at the rate of 2 (two) SDR (as published in the most recent edition of the Financial Times, preceding the date on which the relevant booking was placed with the Company) per kilo based on the actual gross weight of the Goods; or75,000 SDR in respect of any one transaction, whichever shall be the least.
- In any event the Company shall be discharged from all liability:
(i) for loss from a package or an unpacked consignment or for damage or mis-delivery (however caused) unless notice of a claim is received in writing by the Company from the Customer or Owner no later than seven days after the end of the transit where the transit ends in the British Isles or where the transit ends in any place outside the British Isles; no later than 14 days after the end of the transit where the transit is by air; or 3 days after the end of the transit where the transit is by sea.
(ii) for loss or non-delivery of the whole of a consignment or any separate package forming part of the consignment (however caused), unless notice of a claim is received in writing by the Company from the Customer or Owner within twenty-eight days of the date when the Goods should have been delivered and unless any legal proceedings are brought (and written notice of them is given to the Company) within six months of the date when the Goods should have been delivered.
Any claim not notified as aforesaid should be deemed to be waived and absolutely barred.
- Except as set out in these Conditions, all Warranties, Conditions and other terms implied by statute, or common law are to the fullest extent permitted by law, excluded from any agreement entered into by the Company with the Customer.
- (i) The Company shall not be obliged to make any declaration for the purpose of any statute or convention or contract as to the nature or value of any Goods or as to any special interest in delivery, unless expressly instructed by the Customer in writing.
(ii) Where there is a choice of rates according to the extent or degree of the liability assumed by the Carrier, warehousemen or any other third party, the Goods will be forwarded, and/or otherwise dealt with, at the Customer’s sole risk and no declaration of value (where optional) will be made, unless express instructions in writing to the contrary have previously been given by the Customer.
- Perishable Goods which are not taken up immediately upon arrival or which are insufficiently addressed or marked or otherwise not readily identifiable may be sold or otherwise disposed of without any notice to the Customer and payment or tender of the net proceeds of any sale after deduction of charges and expenses shall be equivalent to delivery. All charges and expenses arising in connection with the sale or disposal of the Goods shall be paid by the Customer.
- The Company shall be entitled to store the Goods, or any part thereof, at the sole risk of the Customer or Consignee or Owner, or sell or dispose of all non-perishable Goods which in the opinion of the Company cannot be delivered either because they are insufficiently or incorrectly addressed or because they are not collected or accepted by the Consignee or for any other reason, upon giving 21 days notice in writing to the Customer, whereupon the Company’s liability in respect of the Goods shall wholly cease. All charges and expenses arising in connection with the storage and sale or disposal of the goods shall be paid by the Customer.
- Except under special arrangements previously made in writing the Company will not accept or deal with any noxious, dangerous, hazardous or inflammable or explosive goods or any goods likely to cause damage. Should the Customer nevertheless deliver any such goods to the Company or cause the Company to handle or deal with any such goods, the Customer shall be liable for all loss or damage whatsoever caused by or to or in connection with the goods, however arising and the Customer shall indemnify the Company against all penalties, claims, damages, costs and expenses whatsoever and however arising in connection therewith and the goods may be destroyed or otherwise dealt with at the sole discretion of the Company or any other person in whose custody they may be at the relevant time. If such goods are accepted by the Company under arrangements previously made in writing they may nevertheless be so destroyed or otherwise dealt with so as to minimise the risk to other goods, property, life or health. For the purposes of these Conditions, the expression “Goods likely to cause damage” shall include, but shall not be limited to, goods likely to harbour or encourage vermin or other pests.
- Except under special arrangements previously made in writing, the Company will not accept or deal with bullion, coins, precious stones, jewellery, valuables, antiques, livestock or plants. Should the 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 those goods, however caused.
- Notwithstanding that it may be agreed in writing between the Company and the Customer that the Company’s charges in respect of any transaction shall be payable by the Consignee, Owner or any other person, if such Consignee, Owner or any other person fails to pay the same or any part thereof within 14 days of due demand being made on them, the Customer shall be liable to the Company for such payment without prejudice to any other rights or remedies the Company may have against such Consignee, Owner or any other person. All sums due to the Company from the Customer in accordance with this Condition shall be paid to the Company in cash immediately when due without reduction and payment shall not be withheld, delayed, conditioned or deferred on account of any claim, counterclaim or set-off.
- 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.
- Time for payment shall be of the essence of all and any agreements between the Customer and the Company which are governed by these Conditions.
- All Goods (and any documents relating to Goods) shall be subject to a particular and general lien and right of detention for monies due either in respect of such Goods, or for any particular or general balance or other monies due from the Customer or the sender, Consignee or Owner to the Company. If any monies due to the Company are not paid within one calendar month after notice has been given to the person from whom the monies are due that such Goods are being detained, the Company may, without prejudice to any other rights or remedies it may have, sell those Goods by auction or otherwise, at the Company’s sole discretion and at the expense of such persons, and the net proceeds of such sale shall be applied in or towards satisfaction of such indebtedness.
- In addition to and without prejudice to the foregoing Conditions, the Customer undertakes that it shall in any event indemnify the Company against all liabilities, loss, damage, costs and expenses whatsoever suffered or incurred by the Company arising directly or indirectly from or in connection with the Customer’s instructions, or arising from any breach by the Customer of any warranty contained in these Conditions, or from negligence of the Customer and in particular the Customer shall indemnify the Company in respect of any liability, loss, damage, costs and expenses whatsoever it may be under to any servant, agent, or sub-contractor or any haulier, carrier, warehouseman, or any other person indirectly against any such party by the Customer or by any sender, Consignee or Owner of the Goods or by any person interested in the Goods or by any other person whatsoever.
- 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
JURISDICTION AND LAW
- These conditions and any act or contract to which they apply shall be governed by English law and any dispute arising out of any act or contract to which these Conditions apply shall be subject to the exclusive jurisdiction of the English courts.