Cargo Line's business terms and conditions guiding our partnership are listed below as Website-Terms-06-2023-CLFL and NAFL-STC's . If you wish to receive a copy of the terms please contact your Client Advisor or click here to share your details!
TERMS AND CONDITIONS FOR FREIGHT FORWARDING SERVICES
This Terms and Conditions (“Terms” or “Website-Terms-Version-06-2023”) outlines the provisions applicable for any client/customer (“Client” or “You” or “Your”) entering into any form of agreement/contract with M/s. Cargo Line Freight and Logistics L.L.C (“Cargo Line”, “Our”, “Us” or “We”), registered with the Dubai Economy under Commercial License no. 1147606 for availing any services listed in the Website (“Services”) provided by Us
[Cargo Line and the Client/You together be termed as “Parties” and individually as “Party” here after]
By using or availing the Services rendered by Cargo Line, you unconditionally and irrevocably confirm that you have read, understood, and agreed to be bound by all of these Terms as published on Our Website. Unless expressly agreed in writing, Cargo Line does not recognize any conflicting terms or conditions.
You agree that these Terms are enforceable like any written agreement signed by You and is legally binding on You and Cargo Line. If You do not agree to any of these Terms, prior to the commencement of business, please reach out to the representatives of Cargo Line, failing which, upon execution of the Agreement (defined below), it is prima facie understood that the Client is in agreement to all these Terms.
“Website” means the website owned by Cargo Line on the World Wide Web of the Internet with the uniform resource locator https://cargolinefl.com/
“Agreement” means the Client Onboarding Form, or the Client Onboarding and Credit Request Form and any other mutually accepted contract.
“AirFreight” means an international multimodal transportation service primarily by Air. The pick-up point and delivery points are guided by the Incoterms agreed upon between the Client and their supplier.
“Courier” means international door-to-door service by Air or Land through means of the subcontracted courier service provider.
“Consignment” means the cargo transported or stored or given to Us by You as a part of an impending transport movement. Specifically in case of transport it includes all pieces which are tendered to, and accepted by, Us on a single bill of lading or transport document.
“Client” means the party who enters into an Agreement with Cargo Line for the purpose of availing Cargo Line services, subject to these Terms.
“FCL” means an international multimodal transportation service primarily by Sea whereby Client’s cargo is loaded in a dedicated shipping container. The pick-up point and delivery points are guided by the Incoterms agreed between the Client and their supplier.
“IPR” means all intellectual property or other proprietary rights worldwide, including patent, trademark, service mark, copyright, trade secret, know-how, moral right, and any other intellectual and intangible property rights, including all continuations whether in full or in part, applications, renewals, and extensions of any of the foregoing of Cargo Line, in relation to the Website in itself, whether registered or unregistered.
“LCL” means an international multimodal transportation service primarily by Sea wherein Client’s cargo is loaded along with many other consignments in one shipping container. The pick-up point and delivery points are guided by the Incoterms agreed upon between the Client and their supplier.
“Prohibited Consignments” mean any Consignments consisting of bullion, weapons and ammunition, wastes, living botanicals, livestock, animals, derivatives of endangered species, coins, precious stones, jewelry, valuables, antiques, pictures, human remains, or plants.
“Service(s)” means services which Cargo Line agrees to render including but not limited to transportation services by land, sea, and air, subject to an Agreement in accordance with these Terms.
“NAFL” means the National Association of Freight and Logistics of the United Arab Emirates.
Cargo Line shall provide the Services to You upon You agreeing to the Terms and entering into an Agreement. We shall also provide the following Services upon Your request and the same shall be subject to fee/charges which are not included in the agreed Service payment terms:
Cargo Transport Service by Air and related services
Cargo Transport Service by Land and related services
Cargo Transport Service by Sea and related services
General Warehousing and related services
Inventory Control, Monitoring, Counting and related services
Packing and Removals services
Ad-hoc liaison with the Government Agencies, notified bodies and any third-party companies as part of the transportation of goods whether or not handled by Cargo Line
Cargo Loading and Unloading Services
C. COLLECTION AND DELIVERY
Cargo Line shall deliver consignments only till the curb side or to a warehouse loading bay. Offloading from Cargo Line’s vehicle(s) and door delivery are special delivery conditions which require Cargo Line’s approval on a case-to-case basis, subject to additional costs.
The scope of work, geographical collection and delivery locations, INCO Terms and any other terms and conditions that impact Cargo Line performing its services to the Client, must be informed to Cargo Line prior to the commencement of the shipment. Any changes thereafter may be subject to the acceptance and additional costs imposed by Cargo Line that may be quoted AFTER assessing the time, risk, effort & costs associated with the revised scope, terms and conditions.
D. TITLE OF OWNERSHIP
We shall have no right, title, liability, or interest in any/all the Consignments entrusted to Us by the Client or its authorized agent. Also, We shall refrain from acting in any way that would encumber, impair, or otherwise affect the Client’s title over the goods under the consignment, except the rights vested to Cargo Line.
You shall be solely responsible for getting the Consignment insured against all possible risks including but not limited to transit, fire, liability to rented equipment and vehicles and public liability insurance to cover loss, cost, and expense incurred due to damage, destruction, or loss of the consignments and/or Containers, at Your own cost involved during the transportation of the Consignment.
In the event of a claim or otherwise, You shall produce to Cargo Line, the copies of insurance policies as mentioned above or other evidence confirming the existence and the extent of the cover given by such policies.
We may also upon Your request act as a facilitator in finding an Interested Insurance Service Provider for You subject to the Limits of Liability as per Clause 29 of the NAFL STC’s. In such a case where Cargo Line facilitates the arrangement of any insurance, it is Your responsibility to ask for and understand the terms and conditions of the insurance coverage, exclusions and covered perils entirely.
F. HAZARDOUS GOODS
In respect of goods that are considered hazardous according to applicable rules and regulations, or which may become, of a dangerous, noxious, toxic, poisonous, hazardous, explosive, flammable, or otherwise damaging nature (including radioactive material), or which may, or may become liable to, damage any persons or property whatsoever, and whether or not so listed in any official or unofficial, international or national code, or convention, You shall submit labels following the statutory classifications to Cargo Line as well as all the required documents and handling instructions for such goods whether or not explicitly asked by Us as it may still aid in handling Your consignment in a safe manner.
Cargo Line shall refuse the performance of an instruction accepted by it for the forwarding of hazardous substances where Cargo Line has sound reasons to do so in connection with the nature of the substances in question, or, depending on the route chosen and/or the destination agreed upon, to charge a hazardous duty surcharge where the carrier instructed to effect carriage imposes said surcharge on Cargo Line.
Cargo Line may advise You on the packing of the hazardous goods, but it is Your responsibility as a Shipper or Consignee or an Agent of the Shipper or Consignee to validate and ensure that the packing is safe and compliant as per the Transport Laws and Regulations of all the countries the goods transit through.
G. PROHIBITED CONSIGNMENT
We shall not provide services to those Consignment considered as Prohibited Consignments by the laws of UAE or the countries through which the goods transit.
Where such Prohibited Consignments are delivered by You for reasons of implementing the Services under Your Agreement with Us, without special arrangements being made, the Agreement shall be deemed to be null, and void and You shall bear all the consequences of such act and Cargo Line shall be under no liability whatsoever for or in connection with such Prohibited Consignments.
You are responsible for supplying Us with all information, certificates, and other documentation required, such as customs classification, for appropriate processing of customs procedures or any other statutorily required process for handling the Consignments, including, but not limited to, security checks for air freight shipments, etc.
The Client shall comply with all the appropriate laws, rules, regulations, customs, and prerequisites of documentation when availing of Cargo Line’s service(s). All documentation required for the movement and storage of the consignment shall be given by the Client well in time for expediting of the dispatch of the Consignment from the loading point.
The Client shall agree to take responsibility to transfer all documents required to their counterparty(ies) unless, otherwise explicitly agreed by Cargo Line. Such a courier service is offered by Cargo Line at an additional cost.
You shall indemnify and hold Us harmless, and each of Our respective officers, agents, employees, and members (together the “Indemnitees”) absolutely and forever from and against any and all claims, actions, injury, damages, suits, liabilities, obligations, costs, fees, charges, and any other expenses whatsoever, including reasonable attorneys’ fees and costs, that may be asserted by a third party or by You against any Indemnitee in connection with the misrepresentation, negligence or misconduct of Yours, Your officers, agents, employees, and contractors arising directly or indirectly in whole or in part out of a breach of the Agreement. You shall additionally indemnify Us as per the NAFL STC’s Clause No. 22.
J. RIGHT IN LIEN
Cargo Line shall have a lien on the Consignment and any documents relating thereto for all sums payable by You to Cargo Line exceeding the due date and including all previously unpaid amounts whatsoever, except for such unpaid amounts that We recognize as a bona fide dispute under investigation for probable negligence by Us. Cargo Line’s lien shall extend to cover the cost of recovering any sums due. If You fail to pay the outstanding dues within Two (2) months from the due date, Cargo Line shall have the right to sell the Consignment by following due process of law. If the sale proceeds fail to cover the amount due, We are entitled to recover the deficit from You with costs and legal interests.
Price quotes, and the validity of pricing, shall be communicated and accepted by both Parties mutually.
You shall acknowledge and accept that the Gross Weight and the Consignment Volume would be re-measured by shipping lines, airlines, and other multi-modal Carriers after the handover of the Consignment, and final charges would be applicable as per the weight and volume details mentioned in the Contract of Carriage (including but not limited to the Bill of Lading or Airway Bill) issued by the carrier. Any information about the volume and weight of the Consignment received prior to the printing of the Contract of Carriage is only considered as an estimate of the weight and dimensions based on which only an estimate of the pricing shall be provided by Cargo Line. If the final chargeable weight as considered by the carrier is less than the estimated weight given by You then the per kilogram rate or per unit cost will increase. If We have quoted You, a lumpsum cost and the final chargeable weight as considered by the carrier is higher than the estimated weight given by You to Us, then the rate increase will be on a pro-rata basis. If there are any physical changes to the consignment including but not limited to the number of packages, packaging type, handling instructions, loading parameters that are different to what was quoted for by Us, then We reserve the right to change our final pricing as per reasonable norms.
If You ask Us to undertake a service for You and if We have commenced the service, then Your permission for Us to handle the shipment will be considered as a binding commitment to accept Our pricing which We will present subsequently. Therefore, we encourage You to clearly accept Our quotes in writing and then give Us instructions to commence the business if You want to be in complete control of the pricing.
L. PAYMENT TERMS
You agree and undertake to pay the agreed remuneration and other costs, freights, duties, etc. within the agreed timelines and as per the terms and conditions as stated in the ‘Client Onboarding Form’ or ‘Client Onboarding Form and Credit Request Form’ or any agreements on emails mutually accepted between You and Us.
In case of Cash payment terms, You must pay Us within seven (7) calendar days from the date of the invoice and in all cases prior to the delivery of the cargo or the documents enabling such delivery.
Any delay in payment to Cargo Line beyond the agreed time periods shall attract a legal interest of 12% per annum calculated on a pro-rata basis and Cargo Line shall have the right of lien on the goods, and to dispose the consignment if it is uncollected/ unclaimed more than 15 calendar days from the time the goods are available for delivery. Any costs associated with such non-performance by the Client including government and legal costs are liable to be paid by the Client.
M. FORCE MAJEURE
Neither Party shall be held liable or responsible to the other Party or be deemed to have defaulted under or breached this Terms or the Agreement signed for failure or delay in fulfilling or performing any term of this Terms or the Agreement signed when such failure or delay is caused by or results from causes beyond the reasonable control of the non-performing Party, including fires, floods, earthquakes, embargoes, shortages, epidemics, pandemics, quarantines, war, acts of war (whether war be declared or not), acts of terrorism, insurrections, riots, civil commotion, strikes, lockouts or other labor disturbances, acts of God or acts, omissions or delays in acting by any governmental authority.
The non-performing Party shall notify the other Party of such force majeure within ten (10) days after such occurrence by giving written notice to the other Party stating the nature of the event, its anticipated duration, and any action being taken to avoid or minimize its effect. The suspension of performance shall be of no greater scope and no longer duration than is necessary and the non-performing Party shall use commercially reasonable efforts to remedy its inability to perform; provided, however, that in the event the suspension of performance continues for Ninety (90) calendar days after the date of the occurrence, and such failure to perform would constitute a material breach of this Terms or the Agreement signed in the absence of such force majeure, the non-performing Party may terminate this Terms or the Agreement signed pursuant by written notice to the other Party.
All additional costs caused by Force Majeure, such as transport and storage charges, warehouse or yard rental, demurrage and standing fees, insurance, removal, etc., shall be borne by You and shall be paid to Cargo Line at the latter's first request.
Force Majeure cannot be treated as a reason for non-payment of any sum’s owed to Cargo Line.
N. TERMS AND TERMINATION
The Parties may terminate the Agreement (and the Terms) prior to the expiry of its duration by mutual consent by jointly signing an agreement of termination; or
Either Party may, at any time terminate the Agreement, by giving fifteen (15) days written notice of termination to the other Party (“Termination Notice”).
If delivery of a consignment or any other scope of work entrusted to Cargo Line is in progress, then termination will be effective only after the completion of such services.
In the event of termination of the Agreement (and the Terms) for any reason whatsoever, Cargo Line shall be entitled to any payment due and payable by You under the Agreement, which shall be calculated until the date such termination becomes effective. Notwithstanding anything to the contrary, the termination of the Agreement shall not be effective until all dues have been paid/settled in full by You.
The liability clauses printed in NAFL STC’s shall govern all business transactions between the Client and Cargo Line.
P. WAIVER AND FORBEARANCE
If one Party shows mercy or tolerance to the other Party for breaking the rules or terms of this agreement, it doesn't mean that either Party loses any of their rights, and the Party showing mercy can still enforce those rules in the future. Additionally, if one Party forgives a breach of the agreement, it doesn't mean they forgive any future breaches.
Q. NO THIRD-PARTY BENEFICIARY
The Agreement is intended for the benefit of the Parties hereto and their respective successor and permitted assigns and nothing herein, express, or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of the Agreement.
R. GOVERNING RULES, REGULATIONS & LAW, AND DISPUTE RESOLUTION
In addition to the provisions set out in this Terms and the Agreement, the terms of Standard Trading Conditions issued by the National Association of Freights and Logistics (NAFL) shall apply to all business relationships between the Client and Cargo Line.
Any dispute between the Parties shall be governed by and construed in accordance with the Laws of the United Arab Emirates and any disputes that may arise between the parties with respect to the rights and obligations created under this Terms shall be subjected to the jurisdiction of the Courts in the Emirates of Dubai.
Unless otherwise stated, all notices, approvals, instructions, demands, and other communications given or made under the Agreement or the Terms shall be in English and in writing and shall be given by personal delivery, or by sending the same by pre-paid registered mail addressed to the relevant Party at its address, or to the email, SMS, WhatsApp account and number set out hereinbelow:
Notice to You:
The address and email address provided by You in the “COTC” Agreement.
Notice to Cargo Line:
Cargo Line Freight and Logistics L.L.C
Kind Attn.: Fadil Bin Fathah, Finance Manager
Office 104, Al Melaheyah Office Plaza
Al Mina Road, Al Hudaiba
PO Box 126557, Dubai, U.A.E
Any notice so served shall be deemed to have been duly given (i) in case of delivery by hand, when hand-delivery demanded by the other Party; or (ii) when sent by registered mail or courier, upon receipt by the addressee; and (iii) for electronic mail, SMS, or WhatsApp upon a confirmation of transmission being recorded on the server of the Party sending the communication, unless the party receives a message indicating failed delivery.
A Party may change or supplement the addresses given above, or designate additional addresses, for purposes of this Clause, by giving the other Party written notice of the new address in the manner set forth above.
T. SEVERABILITY AND AMENDMENT TO TERMS
If any provision(s) of the Client Onboarding Terms and Conditions (“COTC”) and Website-Terms-Version-06-2023 are found to be in whole or in part invalid, illegal or unenforceable in any jurisdiction, or if any governmental agency or authority shall require the Parties to delete any provision of the aforementioned terms, such invalidity, illegality, unenforceability or deletion shall not impair or affect the remaining clauses or the validity or enforceability of such provisions in any other jurisdiction. The Parties shall endeavour, through good faith negotiations, to replace the invalid, illegal, unenforceable, or deleted provision(s) by valid provisions, the economic effect of which comes as close as legally possible to that of the invalid, illegal, unenforceable, or deleted provision.
We may add or modify the Terms contained herein and in the “COTC”, at our discretion. We will notify You of any changes at Your registered email.
NAFL - STC's
The Customer’s attention is drawn to the Clauses hereof which exclude or limit the Company’s liability and these which require the Customer to indemnify the Company in certain circumstances.
DEFINITIONS AND APPLICATION
1. In these Conditions:
“Company” is the NAFL member trading under these Conditions and this expression includes any parent subsidiary or affiliated company of the Company.
“Person" includes persons or any body or bodies corporate.
“Owner” means the Owner of the goods (including any packaging, containers or equipment) to which any business concluded under these Conditions relates and the consignee or any other Person who is or may become interested in or in possession or entitled to possession of them.
“Customer” means any Person at whose request or on whose behalf the Company undertakes any business or provides advice, information or services.
Subject to Sub-Paragraph b. below, all and any activities of theCompany in the course of business whether gratuitous or not are undertaken subject to these Conditions.
If any legislation is compulsorily applicable to any business undertaken, these Condi
3. The Customer warrants that he is either the Owner or the authorised agent of the Owner and also that he has authority to accept these Conditions not only for himself but also as agent for and on behalf of the Owner.
4. In authorizing 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 irrevocably accepts 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 to the Company by the Customer which upon proper demand have not been paid.
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 these services as a principal.
The offer and acceptance of an inclusive price for the accomplishment of any service or services shall not itself determine whether any such service is or services are to be arranged by the Company acting as agent or to be provided by the Company acting as a contracting principal.
When acting as an agent the Company does not make or purport to make any contract with the Custom er for the carriage, storage, packing or handling of any goods nor for any other physical service in relation to them and acts solely on behalf of the Customer in securing services by establishing Contracts with third parties so that direct contractual relationships are established between the Customer and such third parties.
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 this obligation, it shall be deemed to have contracted with the Custom er as a principal for the performance of the Customer’s instructions.
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 Custom er 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, it is acting in a customary manner. The Company shall be entitled, and the Customer hereby expressly authorizes the Company such entitlement, to enter into contracts on behalf of the Customer and the Owner: -
for the carriage of goods by any route or means or Person,
for the storage, packing, trans-shipment, loading, unloading or handling of The goods by any Person at any place and for any length of time,
for the carriage or storage of goods in or on transport units as defined in sub clause 19 c. and with other goods of whatever nature, and
to do such acts as may in the opinion of the Company be reasonably necessary in the performance of its obligations in the interests of the Customer and the Owner.
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. In any case where no particular route is agreed between the Company and the Customer, the Custom er agrees that the agreed route is that which the Company reserves to itself a reasonable liberty to follow.
9. The Company is permitted to perform any of its obligations herein by itself or by a sub-contractor. For the purpose of allowing any such sub-contractor to take the benefit of these Conditions, the Company acts as agent and trustee for such subcontractor in entering into a contract governed by these Conditions with the Customer and Owner.
10. 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 retain such goods and documents against payment of the freightage expenses and other such sums due to him for the transportation.
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.
f delivery of the goods or any part thereof is not taken by the Customer 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.
The Company shall be entitled at the expense of the Customer to obtain an order by the competent UAE Court to dispose of perishable goods or non-delivered goods as defined by sub clause 12 a. herein as the Court thinks fit.
No insurance will be effected except upon express instructions given in writing by the Customer and all insurances effected 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.
Isonfar as the Company agrees with the Customer to arrange insurance, the Company acts solely as agent for the Customer using its best endeavors to arrange such insurance and does so subject to the limits of liability contained in Clause 29 hereof.
Except under special arrangements previously made in writing or under the form 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 effect compliance with the instructions.
The Company shall not be under any liability in respect of such arrangements as are referred to under Sub-Clause a. hereof save where such arrangements are made in writing.
In any event, the Company’s liability in respect of the performance or arranging the performance of such instructions shall not exceed that provided for in these Conditions in respect of loss of or damage to goods,
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.
Except under special arrangements previously made in writing the Company will not accept or deal with bullion, coin, precious stones, jewelry, valuables, antiques, pictures, human remains, livestock or plants. Should any Custom er 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.
The Company may at any time waive its rights and exemptions from liability under Sub-Clause a. above in respect of any one or more of the categories of goods mentioned herein or any part of any category. If such waiver is not in writing, the onus of proving such waiver shall be on the Customer.
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 harbor or encourage vermin or other pests, nor 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 Custom er, but reserve 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 of degree of 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:
That the description and particulars of any goods furnished by or on behalf of the Customer are full and accurate.
That all goods have been properly and sufficiently prepared, packed, stowed, labeled and/or marked, and that the preparation, packing, stowage, labeling 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 container, trailer, tanker, or any other device specifically constructed for the carriage of goods by land, sea or air (each hereafter individually referred to as the “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.
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, dam ages, costs and expenses whatsoever arising in connection therewith, and the goods may be dealt with in such a 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:-
All liability, loss, dam age, 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’s action in accordance with the Customer’s instructions or arising from any breach by the Customer of any warranty contained in these Conditions of 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 reasonably become liable or may become liable to any other party, and -
All claims, costs and demands whatsoever and by whomsoever made in excess of the liability of the Company under the terms of these Conditions regardless of whether such claims, costs and demands arise from or in connection with the 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 immediately when due without reduction or deferment on account of any claim, counter claim or set-off.
In respect of all sums which are overdue the Customer shall be liable to pay to the Company interest calculated at 2% above the Base Rate for the time being of the UAE Central bank.
24. Despite any acceptance by the Company of instructions to collect freight, duties, charges or other expenses from the Owner 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 the Owner or such 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 LIMIT ATION
26. The Company shall perform its duties with a reasonable degree of care, diligence, skill and judgment.
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: -
strike, lock-out, stoppage or restraint of labour, the consequences of which the Company is unable to avoid by the exercise of reasonable diligence.
any cause or event which the Company is unable to avoid and the consequences whereof the Company is unable to prevent by the exercise of reasonable diligence.
28. Except under special arrangements previously made in writing the Company accepts no responsibility for departure or arrival dates of goods.
Subject to sub clause 2 b. above and Sub-Clause d. below the Company’s liability howsoever arising and notwithstanding that the cause of loss or dam age be unexplained shall not exceed.
In the case of claims for loss or damage to goods:
the value of any goods lost or damaged, or
a sum at the rate of Dirhams 30 (thirty) per kilo of gross weight of any goods lost or damaged, subject to a limit of Dirhams 20,000 (twenty thousand) per package or unit, whichever shall be the least
In case of all other claims:
the value of the goods the subject of the relevant transaction between the Company and its Customer, or
a sum at the rate of Dirhams 30 (thirty) per kilo of the gross weight of the goods the subject of the said transaction, subject to a limit of Dirhams 20,000 (twenty thousand) per package or unit, whichever shall be the least.
For the purposes of sub clause 29
The value of the goods shall be their value when they were or should have been shipped.
Subject to sub 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 28) to adhere to agreed departure or arrival dates shall not in any circumstances whatsoever exceed a sum equal to twice the amount of the Company’s charges in respect of the relevant transaction.
Save in respect of such loss or damage as is referred to at Sub-Clause b. and subject to Sub-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 profits, loss of market or the consequences of delay or deviation however caused,
By special arrangement agreed in writing, the Company m ay 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.
The Conditions are without prejudice to the terms of any international convention which is applicable by law to any dispute which may arise in relation to the carriage of the goods.
If the Company acts as a principal in making an agreement for the carriage of goods by air, the following notice is hereby given:
If the carriage involves an ultimate destination to or stop in a country other than the country of departure, the Warsaw Convention may be applicable and the Convention governs and in most cases limits the liability of carriers in respect of loss of or damage to cargo. Agreed stopping places are those places (other than the places of departure and destination) shown under requested routing and/or those places shown in the carriers’ timetables as scheduled stopping places for the route. The address of the first carrier is the airport of departure.
31. Receipt by the Customer or Owner of visibly dam aged goods without complaint shall invalidate any claim against the Company. Any claim against the Company arising from loss of or dam age to the goods not visible at the time of receipt by the Custom er or Owner must be made in accordance with the provisions of Art. 317 UAE Code of Commercial Practice, Federal Law No. 18 of 1993.
LAW, JURISDICTION AND CONCILIATION
32. These Conditions and any act or contract to which they apply shall be governed by U.A.E. 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 U.A.E. courts. In the event of any such dispute, the parties may instead agree to apply to the Dubai Chamber of Commerce for the dispute to be referred to conciliation in accordance with the Rules of Commercial Conciliation and Arbitration of the Dubai Chamber of Commerce & Industry of 22nd February 1994 or any amendment or revision thereof for the time being in force.