INTER-FREIGHT'S CONDITIONS OF CONTRACT
1. LIABILITY OF FORWARDER (such term to include the context otherwise requires its servants, agents, sub-contractors and actual carriers)
- The contract shall be at "limited carriers risk" (pursuant to the Contract and Commercial Law Act 2017 hereinafter be referred to as "the Act" unless:
1. The contracting party or his agent has signed on the face hereof a statement of the following terms: "These goods are to be carried at "Owner's Risk". This means that the carrier will pay no compensation if the goods are lost or damaged unless he intentionally loses or damages them". Or:
2. There is a contract in writing expressed to be "at owner's risk".
- In either case (but subject in the case of a contract "at limited carriers risk" to the limitation contained in Section 15 of the Act)
1. The Forwarder shall not be under any liability, howsoever caused or arising and (without limiting the generality of the foregoing) whether caused or arising as a result of the negligence of the Forwarder or otherwise for any damage to, loss, deterioration, missed delivery, delay in delivery or non-delivery of the goods (whether the goods are or have been in the possession of the Forwarder or not) nor for any instructions, advice, information or service given or provided to any person, whether in respect of the goods or any other thing or matter, nor for any consequential or indirect loss, loss of market or consequences of delay; and
2. The contracting party will indemnify the Forwarder against all claims of any kind whatsoever, howsoever caused or arising and (without limiting the generality of the foregoing) whether caused or arising as a result of the negligence of the Forwarder or otherwise, bought by any person in connection with any matter or thing done, said or omitted by the Forwarder in connection with the goods.
2. NOTIFICATION OF CLAIMS AND LIMITATION OF ACTIONS
- The Forwarder shall be under no liability whatsoever unless:
1. Written notice of any claim, giving reasonable particulars of the event giving rise to the claim and any alleged damage or loss (which must also be noted on the consignment note on delivery or partial delivery) received by the Forwarder within seven days after delivery or, in the case of non- delivery, within fourteen days after the date of dispatch.
2. An action shall have been commenced by the contracting party in a Court of competent jurisdiction within 2 months of delivery or, in the case of non-delivery, within 2 months and fourteen days of the date of dispatch.
- Sections 274, 276, 277, 278, 279, 280, 281 of the Act shall not apply to the contract.
- In further clarification of section 1 Liability of Forwarder, Claims are to be at cost price and must be accompanied with the proof of cost.
3. The Forwarder reserves the right to refuse carriage for any person or for any class of goods.
4. ALL terms used in this contract shall have the meanings as set out in the Act, and where the conditions contained in this contract differ from the provisions of the Act then so far as the parties are able the contract prevails over any statutory provision and the parties are deemed to have contracted out of the provisions of the Act and the Forwarder shall not be bound by any agreement varying these conditions unless such agreement shall be in writing and signed with due authority on behalf of the Forwarder.
5. The goods shall comply with the requirements of any applicable law relating to the nature, labelling and packaging and carriage of goods and expenses and charges of the Forwarder in complying with the provisions of any such law or with any order or requirement thereunder or with the requirement of any harbour, dock, railway, shipping, custom, excise duty, or sales tax, warehouse or other authority or company or the expenses, charges, levies or fines arising out of the breach of any applicable law shall be paid by the Contracting Party.
6. The goods shall be safely and properly packaged and labelled and fully described in writing in the space provided hereon including the name and the nature and the value of all goods subject to special rates of carriage or of a noxious, dangerous, hazardous or inflammable nature or capable of causing damage or injury to any other goods or property or to any persons or animals and additional freight charges shall be paid on such goods if deemed necessary by the Forwarder. Failure to safely and properly package or label or to fully describe any goods as aforesaid shall render the Contracting Party liable for any loss or damage caused to or by such goods and acceptance of the goods for carriage without discovery of any such defect or lack shall not exclude or diminish any liability on the part of the Contracting Party.
7. Freight shall be considered earned as soon as the goods are loaded and dispatched. Should payment in full not be made to the Forwarder by the 20th of the month after the date on which responsibility of the Forwarder for the goods ceases as provided by Section 9 of the Act then the client shall pay interest on the outstanding moneys at the rate of 2.5% per month or part thereof computed from such date. Section 21 of the Act shall not apply. Inter-Freight Ltd may set-off any amount owing against any debt The Contracting Party has due to Inter-Freight Ltd.
8. The Contracting Party will also be liable for all collection costs associated with any outstanding amounts.
9. The Contracting Parties will also provide a Personal & Corporate guarantee and agree to indemnify any outstanding amounts. The Forwarder can also register a security interest against the Contracting Party under the Personal Properties Securities Act (PPSA). The contracting party waives any rights to receive a verification statement under the PPSA from The Forwarder.
10. The Forwarder may change freight by weight, measurement or value, and may at any time re-weigh or revalue or re-measure or require the goods to be re-weighed or re-valued or re-measured and charge proportional additional freight accordingly.
11. Every special instruction to the effect that charges shall be paid by the consignee shall be deemed to include a stipulation that if the consignee does not pay the said charges within seven (7) days of the date set for payment or, if no date is set for payment, within seven (7) days of delivery or tender of the goods then the consignor shall pay the said charges.
12. The Contracting Party will be and remain responsible to the Forwarder for all its proper charges incurred for any reasons. A charge may be made by the Forwarder in respect of any delay in excess of 30 minutes in loading or unloading occurring other than from the default of the Forwarder. Such permissible delay period shall commence upon the Forwarder reporting for loading or unloading. Labour to load the vehicle shall be the responsibility and expense of the Contracting Party or consignee and should the consignee described hereon not be in attendance at the address given during normal trading hours when delivery is attempted an additional charge may be made at ruling rates for each call until delivery is accomplished.
13. The Forwarder may carry or on-forward all goods or have them carried by any method or any person which the Forwarder deems fit and notwithstanding any instruction that the goods are to be carried or on-forwarded by another method
14. The Contracting Party authorises the Forwarder to contract either as Principal or as Agent for the carriage of goods and any such contract will be made upon the terms and subject to the conditions of any bill of lading or other forms or terms of contract for carriage, whether by sea, rail, air or road.
15. From the date on which the responsibility of the Forwarder ceases as provided by Section 9 (3) of the Act the Forwarder may hold the goods if undelivered as bailee and shall be entitled to storage fees at normal rates charged by the Forwarder AND as bailee shall not be under any liability for any loss or damage to the goods however caused OR in its discretion return the goods to the Contracting Party at the risk and expense of the Contracting Party.
16. The Consignor expressly warrants that he is either the owner or the authorised agent of the owner of any goods or property the subject matter of this contract, that the person signing this contract has authority so to do, and by entering into this contract he accepts these conditions of contract as or for the Contracting Party as well as for all other persons on whose behalf the Contracting Party is acting.
17. The goods are accepted subject to general lien for all charges now due or which may hereafter become due to the Forwarder on any account. If the lien is not satisfied within 7 days of such payment being due the Forwarder having given notice of the lien at its option either:
- remove such goods or part thereof and store them in such place and manner as the Forwarder shall think proper and at the risk and expense of the Contracting Party or as the case may be or;
- Open any package and sell such goods as part thereof upon such terms as it shall think fit and apply the proceeds in or towards discharge of the lien and costs of sale without being liable to any person for damage thereby caused.
18. The Provisions of the Consumer Guarantee's Act 1993 and its amendments shall not apply to any work, goods or services provided by the Forwarder in business transactions (refer to Section 43 of this Act).