Terms and Conditions

 

TERMS AND CONDITIONS

1. In these conditions the following words shall have the following meanings:-

“Company” – Link Shipping UK Ltd.

“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

“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”)

“Goods” the cargo to which any business under these conditions relates

“Person” natural person(s) or anybody or bodies corporate

“SDR” are Special Drawing Rights, as defined by the IMF

“Transport Unit” packing case, pallets, container, trailer, tanker, or any other device used whatsoever for and in connection with the carriage of Goods by land, sea or air

“Owner” the Owner of the Goods or Transport Unit and any other Person who is or may become interested in them

 

THE COMPANY

2. (A) Subject to clauses 11 and 12 below, the Company shall be permitted to subcontract part or all of the transport services as an agent, or, to provide those services as a principal.

(B) The Company reserves the right to select the route and procedure to be followed in respect to the performance of services provided in the course of business undertaken subject to these conditions.

3. When the Company is contracted as a principal for any services, it shall have full liberty to perform such services itself, or, to subcontract the whole or any part of such services.

4. (A) When the Company acts as an agent on behalf of the Customer, the Company shall be entitled, to enter into all and any contracts on behalf of the Customer as may be necessary or desirable to fulfil the Customer’s instructions.

(B) The Company shall, on demand by the Customer, provide evidence of any contract entered into as agent for the Customer. Insofar as the Company may be in default of the obligation to provide such evidence, it shall be deemed to have contracted with the Customer as a principal for the performance of the Customer’s instructions.

5. In any dealings on customs matters with HMRC for and on behalf of the Customer, the Company is deemed to be appointed, and acts as, Direct Representative only.

6. (A) Subject to sub-clause (B) below,

the Company:

(i) has a general lien on all Goods in its possession, custody or control for all sums due at any time to the Company from the Customer and/or Owner on any account whatsoever, whether relating to Goods belonging to, or services provided by or on behalf of the Company to the Customer or Owner. Storage costs will continue to accrue on any Goods detained under lien;

(ii) shall be entitled, on at least 30 days notice in writing to the Customer, to sell or dispose of or deal with such Goods for, and at the expense of, the Customer and apply the proceeds in or towards the payment of any due sums;

(iii) 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.

(B) When the Goods are liable to perish or deteriorate the Company's right to sell or dispose of or deal with the Goods shall arise immediately upon any sum becoming due to the Company, subject only to the Company taking reasonable steps to make the Customer aware of its intention to sell or dispose of the Goods before doing so.

7. The Company shall be entitled to be paid, commissions and other remunerations customarily retained by, or paid to, freight forwarders.

8. (A) Should the Customer, Consignee or Owner of the Goods fail to take delivery at the appointed time and place, the Company shall be entitled to store the Goods, or any part thereof, at the sole risk of the Customer or Consignee, whereupon the Company’s liability in respect of the Goods shall wholly cease. The Company’s liability, if any, in relation to such storage, shall be governed by these conditions. All costs incurred by the Company as a result of the failure to take delivery shall be deemed as freight earned, and such costs shall be paid by the Customer.

(B) The Company shall be entitled at the expense of the Customer to dispose of or deal with goods:

 

(i) after at least 30 days notice in writing to the Customer, or (where the Customer cannot be traced and reasonable efforts have been made to contact any parties deemed to have any interest in the Goods) without notice, any Goods which have been held by the Company for 90 days and which cannot be delivered as instructed; and

(ii) without prior notice, any Goods which have perished, deteriorated, or altered, or are in immediate prospect of doing so in a manner which has caused or may reasonably be expected to cause loss or damage to the Company or its subcontractors, or to contravene any applicable laws or regulations.

9. No insurance will be arranged except upon receipt of written instructions given by the Customer and accepted in writing by the Company, and all insurances effected by the Company are subject to the usual exceptions and conditions of the policies of the insurers or underwriters taking the risk. Copies of insurance terms and conditions and certificates of insurance are provided by the Company on request.

Unless otherwise agreed in writing, the Company shall not be under any obligation to arrange or provide separate insurance cover on the goods, but may declare it on any open or general policy held by the Company.

10. Advice and information, is offered by the Company for the Customer only. The Customer shall indemnify the Company against all losses and damages suffered as a consequence of passing such advice or information on to any other party.

11. Unless prior agreement has been sought and confirmed by a representative of the Company, the Company will not transport or store Goods that require special treatment during carriage, handling, or security whether owing to their high risk of theft. This list of items includes, but is not limited to bullion, coin, precious stones, jewellery, valuables, antiques, pictures, human remains, livestock, 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 such prior agreement, the Company shall have no liability whatsoever for or in connection with the goods, howsoever arising.

12. Unless previously agreed 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 damage other Goods. On occasion that such Goods are accepted subject to a special arrangement but are then deemed by the Company to constitute a risk to other goods, property, life or health, the Company shall, whenever possible, contact the Customer in order to require him to remove or otherwise deal with the goods, but reserves the right to do so at the expense of the Customer.

 

THE CUSTOMER

13. The Customer warrants:

(A) (i) that the description and particulars of any Goods, or services required, by or on behalf of the Customer are full and accurate, and

(ii) that any packaging and/or Transport Unit and/or equipment supplied by the Customer in relation to the performance of any requested service is fit for purpose, and

(B) that all Goods have been properly and sufficiently prepared, packed, labelled and that the preparation, packing and labelling are suitable to any operations or transactions affecting the Goods and the characteristics of the Goods.

(C) that where the Company receives the Goods preloaded in/ 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, and

14. Where the Customer delivers to the Company, or causes the Company to deal with or handle Goods of a dangerous or damaging nature or liable to taint or affect other goods, whether declared to the Company or not, the Customer 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.

15. 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.

16. The Customer shall keep the Company indemnified from and against:-

(A) all liability, damage, loss and expenses occurring 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

(B) all claims, costs and demands whatsoever made, 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

(C) any claims of a general average nature which may be made on the Company.

17. 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, unless prior agreement has been made with an authorized representative of the Company.

18. Where liability arises in respect of claims of a general average nature in relation to the Goods, the Customer shall promptly provide security to the Company, or to any other party designated by the Company.

 

LIABILITY AND LIMITATION

19. The Company will execute its duties with a reasonable degree of care, diligence, skill and judgment.

20. The Company shall be relieved of liability for any loss or damage when such loss or damage is caused by:-

(A) strike, stoppages or restraint of labour, the consequences of which the Company is unable to avoid by the exercise of reasonable diligence; or

(B) any event or incident which the Company is unable to avoid, and the consequences of which the company is unable to avoid or prevent by all usual means and procedures.

21. Except under special arrangements previously made in writing by an authorised representative of the Company, the Company accepts no responsibility with regard to any failure to adhere to agreed departure or arrival dates of Goods.

22. The Company’s liability howsoever arising and, notwithstanding that the cause of loss or damage be unexplained, shall not exceed the declared value of the goods or 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, and is subject to condition that (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. The Company’s liability is further restricted 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, the Company’s liability is limited to (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.

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.

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 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. The Company shall not in any circumstances whatsoever be liable for indirect or consequential loss such as loss of profit, loss of market, or the consequences of delay or deviation, however caused.

23. Any claim by the Customer against the Company arising in respect of any service provided for the Customer shall be made in writing and notified to the Company within 14 days of the date upon which the Customer became 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 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. 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.

 

JURISDICTION AND LAW

28. 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.