DEFINITIONS AND APPLICATION
1. All and any business undertaken,including any advice, information or service provided whether gratuitously or not by Platinum Shipping & Logistics LLC (hereinafter called “the Company”) is transacted subject to the Conditions hereinafter set out. All other terms and conditions are hereby excluded. Should the Customer wish to contract with the Company otherwise than subject to these Conditions special arrangements can be made and revised prices quoted, provided that such arrangements shall only apply if reduced to writing and signed by the General Manager or a Director of the Company. Save as aforesaid no agent or employee of the Company has the Company’s authority to waive or vary these conditions.
2. 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 to any extent such part shall asregards 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 has authority to accept 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 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.
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 these services as a principal.
b. 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.
c. When acting as an agent the Company does not make or purport to make any contract with the Customer 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.
d. 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 Customer as a principal for the performance of the Customer’s instructions.
6. The Company shall be entitled to perform any of its obligations hereunder by itself or by its parent, subsidiary or associated companies, or by any other person, firm or company carrying out the functions of Forwarding Agent. Any contract to which these Conditions apply is made by the Company on their 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. The Customer will not seek to impose upon any such company a liability greater than that accepted by the Company under these Conditions.
7. Estimates and 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 be after acceptance 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.
8. The Customer warrants that the description and particulars of any consignments furnished by or on behalf of the Customer are accurate and undertakes to indemnify the Company against all losses, damages expenses and fines arising from any inaccuracy or omission, even if such inaccuracy or omission is not due to any negligence.
9. (i) 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 sub-contractor in entering into a contract governed by these Conditions with the Customer and Owner.
(ii) Where there is a choice of rates according to the extent or degree of the liability assumed by carriers, warehousemen or others, goods will be forwarded or otherwise handled at Customer’s risk or other minimum charges, 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.
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.
12. No insurance will be effected except upon express instructions given in writing by the Customer and all insurance effected by the Company are subject to the usual exceptions and conditions of the policies of the insurance company 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 its Customer.
13. 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 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 reserve the right at the expense of the Customer to remove or otherwise deal with the goods.
14. Except under special arrangements previously made in writing the Company will not accept or deal with bullion, coins, precious stones, jewellery, valuable antiques, pictures, 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 connexion with the goods however caused.
15. The Company shall be entitled at the expense of the Customer to sell or dispose of :
(a) on 21 days notice in writing to the Customer or, where the Customer cannot be traced, after the goods have been held by the Company for 90 days, all 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 reason, and
(b) without notice perishable goods which are not taken up immediately on arrival or which are insufficiently or incorrectly addressed or marked or which in the opinion of the Company would be likely to perish in the course of the carriage, storage or handling.
16. 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.
17. 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.
18. The Company shall not be liable to the Customer or Owner
(a) for loss or damage caused by any failure to carry out or negligence in carrying out the Customer’s or Owner’s instructions, or by any failure to perform or negligence in performing the Company’s obligations (whether such obligations arise by contract or otherwise) unless such loss or damage is due to the willful neglect or default of the Company or its own servants :
(b) for consequential loss, including loss of profits or loss of market or delay or deviation however, caused.
(c) for loss or damage arising from:
(i) Insufficient or improper packing or addressing, or
(ii) The perishable, hazardous,fragile, or brittle nature or the mechanical derangement of the goods, or
(iii) Riots, civil commotion, strikes, lockouts, stoppages, or restraint of labor from whatever cause, whether partial or general, or
(iv) Failure by the consignee to take delivery within a reasonable time.
(d) for any failure to notify consignees of the arrival of goods.
19. In no case shall the liability of the Company, however arising and notwithstanding that the cause of loss or damage is unexplained, exceed the value of the goods or a sum at the rate of DHS 500 per 1000 kg. of goods lost or damaged, whichever shall be smaller. In the case of furniture, plate, china, glass and household effects of any kind the liability of the Company in respect of any one article, suite of furniture, service or complete contents of a package, shall be limited to DHS 100.
20. Without prejudice to Condition 18, any claim by the Customer or Owner against the Company shall be made in writing and notified to the Company :
(a) in the case of damage to the goods within 7 days after the end of the transit where the transit ends in the United Arab Emirates and within 14 days after the end of the transit where the transit ends outside the United Arab Emirates.
(b) in the case of delay in delivery or non-delivery within 14 days of the date when the goods should have been delivered, and
(c) in any other case within 14 days of the event giving rise to the claim.
Any claim not made and notified as aforesaid shall be deemed to be waived and absolutely barred.
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 indemnify the Company against all duties, taxes, payments, fines, expenses (including demurrage expenses), losses (including general average losses), damages (including physical damage) and liabilities whether or not arising out of the negligence of the Company, their servants or agents, suffered or incurred by the Company in the performance of their obligations under any contract to which these conditions apply, including any liability to indemnify any other person against claims made against such other person by the Customer or by the Owner.
23. Where in any circumstances the Company acts as principal in entering into a contract with any other person for the carriage, storage, packing or handling of the goods, the Company is not itself carrier, packer or warehouseman for the purpose of any legalization increasing the liability of carriers, packers or warehousemen or for any other purpose, nor does it make or purport to make any contract for the carriage, storage, packing or handling of any goods with the Customer. The Company’s sole obligation is to procure contracts for the carriage, storage, packing or handling of goods by other persons.
24. The Customer warrants :
a. that the description and particulars of any goods furnished by or on behalf of the Customer are full and accurate.
b. that all goods have been properly and sufficiently prepared, packed, stowed, labeled, and/or marked, and that the preparation, packing, storage, labeling, and marking are appropriate to any operations or transactions affecting the goods and the characteristics of the goods.
c. 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.
25. 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.
26. 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
27. The Company shall be entitled:
(a) to carry the goods by any route or by any means, and
(b) to store, pack or handle the goods at any place or places and for any length of time and to do all such other acts as may be necessary or incidental thereto at the absolute discretion of the Company and to depart from the Customer’s instructions if in the opinion of the Company it is necessary or desirable to do so in the Customer’s interests.
28. The Company shall not be liable to the Customer or Owner for loss of or damage to the goods and the Company has no refund policy.
29. Except under special arrangements previously made in writing the Company accepts no responsibility for departure or arrival dates of goods.
30. Where the Company is or is deemed to be the Carrier under a Contract subject to legislation compulsorily applicable thereto the Company shall be entitled to all the rights, immunities, exceptions and limitations conferred on the Carrier by virtue of such legislation, and these Conditions shall be void to the extent that they are inconsistent with such rights, immunities, exceptions and limitations, but no further.
31. Receipt by the Customer or Owner of visibly damaged goods without complaint shall invalidate any claim against the Company. Any claim against the Company arising from loss of or damage to the goods not visible at the time of receipt by the Customer 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. Where in these Conditions any matter is to be determined in accordance with the opinion of the Company, the certificate of the General Manager or a Director of the Company for the time being shall be conclusive evidence as to any matter so certified.
33. 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.