Cargo Networking Terms & Conditions
The following are the Standard Trading Conditions of Cargo Networking and its subsidiary and associated companies herein referred to as “the company”.
In these trading terms and conditions:
1.1 the headings to the clauses are for reference purposes only and shall not aid in the interpretation of the clauses to which they relate;
1.2 unless the context clearly indicates a contrary intention, words implying any one gender include the other two genders, the singular includes the plural and vice versa, and natural persons include natural entities (corporate or unincorporated) and vice versa;
1.3 the following terms shall have the meanings assigned to them hereunder and cognate expressions shall have a corresponding meaning, namely;
1.3.1 “the company” means the company referred to above, or if it exercises its rights under clause 2, the member of the group in respect of which it exercise its rights;
1.3.2 “customer” means any person at whose request or on whose behalf the company undertakes any business or provides any advice, information or services;
1.3.3 “goods” means any goods handled, transported or dealt with by or on behalf of or at the instance of the company or which come under the control of the company or its agents, servants or nominees on the instruction of the customer, and includes any container, transportable tank, flat pallet, package or any other form of covering, packaging, container or equipment used in connection with or in relation to such goods;
1.3.4 “the group” means the company and any company which is a holding company or subsidiary of the company from time to time which may render services to the customer in terms of clause 2;
1.3.5 “the owner” means the owner of goods to which any business concluded under these trading terms and conditions relates and any other person who is or may have or acquire any interest, financial or otherwise, therein.
2. MEMBERS OF THE GROUP RENDERING SERVICES TO THE CUSTOMER
The company may at its election perform all and any business undertaken or provide advice, information or services, whether gratuitous or not, either itself or it may procure that any member of the group undertakes such business or provides such advice, information or services as principal upon and subject to the terms and conditions contained herein which shall apply mutatis mutandis to the customer and any such member of the group.
3. APPLICATION OF TRADING TERMS AND CONDITIONS
Subject to clause 5. all and any business undertaken or advice, information or services provided by the company, whether gratuitous or not, is undertaken or provided on these trading terms and conditions.
4. OWNERS RISK
All handling, packaging, loading, unloading, warehousing and transporting of goods by or on behalf of or at the request of the company are effected at the sole risk of the customer and/or the owner and the customer indemnifies the company accordingly.
5. APPLICABLE LEGISLATION
5.1 If the company Is obliged in the execution of any of its duties and/or responsibilities to comply with any common law or legislative enactment (“the law’) of any nature whatsoever, then the company by complying therewith shall not be deemed to waive nor abandon any of its rights in terms of these trading terms and conditions.
5.2 In addition thereto, in complying with the law, the company shall not be deemed to have assumed any onus, obligation, responsibility or liability in favor of the customer.
5.3 If any of the terms of these trading terms and conditions is repugnant to or in conflict with the law, then and in such event the conflicting term embodied herein shall be deemed to be amended and/or altered to conform therewith, and such amendment and/or alteration shall not in any way affect the remaining provisions of these trading terms and conditions.
6. FIATA COMBINED TRANSPORT BILL OF LADING
The company shall be entitled to issue in respect of the whole or part of any contract for the movement of goods a FIATA combined transport bill of lading (“FBL”) Provided that where a FBL is issued these trading terms and conditions shall continue to apply except insofar as they conflict with the terms and conditions applicable to the FBL. The issue of a FBL by the company shall entitle it to raise an additional charge, determined by the company to cover its additional obligations arising under the FBL.
7. EXCLUSION OF OBLIGATIONS OF COMMON OR PUBLIC CARRIER
The company deals with goods only on the basis that if is neither a common carrier nor a public carrier.
8. COMPANY’S DISCRETION IN THE ABSENCE OF INSTRUCTIONS
In the absence of specific instructions given timeously in writing by the customer to the company:
8.1 it shall be in the reasonable discretion of the company to decide at what time to perform or to procure the performance of any or all of the acts which may be necessary or requisite for the discharge of its obligations to the customer;
8.2 the company shall have an absolute discretion to determine the means, route and procedure to be followed by it in performing all or any of the acts or services it has agreed to perform;
8.3 in all cases where there is a choice of tariff rates or premiums offered by any carrier, warehouseman, underwriter or other person depending upon the declared value of the relevant goods or the extent of the liability assumed by the carrier, warehouseman, underwriter or other person, it shall be in the discretion of the company as to what declaration, if any, shall be made, and what liability, if any, shall be imposed by the carrier, warehouseman, underwriter or other person.
9. COMPANY’S GENERAL DISCRETION
9.1 Notwithstanding anything to the contrary herein contained If at any time the company should consider it to deemed in the customer’s interests or for the public good to depart from any of the customer’s instructions, the company shall be entitled to do so and shall not incur any liability In consequence of doing so.
9.2 If events or circumstances come to the attention of the company, its agents, servants or nominees which, in the opinion of the company, make it in hole or in part, impossible or impracticable for the company to comply with a customer’s instructions, the company shall take reasonable steps to inform such customer of such events or circumstances and seek further instructions. If such further instructions are not timeously received by the company in writing, the company shall, at ifs sole discretion, be entitled to detain, return, store, sell, abandon, or destroy all or part of the goods concerned at the risk and expense of the customer.
The company shall endeavour to effect any insurance the customer timeously and in writing instructs it to effect. Such insurance will be subject to such exceptions and conditions as may be imposed by the insurance company or underwriter taking the risk and the company shall not be obliged to obtain separate cover for any risks so excluded. Unless otherwise agreed in writing the company shall not be under and obligation to obtain separate insurance in respect of separate consignments but may insure all or any such consignments under any open or general policy held by the company from time to time. Should any insurer dispute its liability in terms of any insurance policy in respect of any goods, the customer concerned shall have recourse against such insurer only and the company shall not have any responsibility or liability whatsoever in relation thereto notwithstanding that the premium paid on such policy may differ from the amount paid by the customer to the company in respect thereof. Insofar as the company agrees to arrange insurance the company acts solely as agent for and on behalf of the customer.
11. COMPANY’S OBLIGATIONS IN THE ABSENCE OF INSTRUCTIONS
Unless specific written instructions are timeously given to and accepted by the company, the company shall not be obliged to:
11.1 make any declaration for the purpose of any statute, convention, or contract as to the nature or value of any goods or as to any special interest in delivery. In particular the company shall be under no obligation to make any declaration or to seek any special protection or cover from any carrier in respect of any goods which are or fall within the definition ascribed thereto by that body of dangerous goods or other goods which require special conditions of handling or storage;
11.2 arrange for any Particular goods to be carried, stored or handled separately from other goods.
12. CUSTOMER’S UNDERTAKINGS
12.1 For all purposes hereunder the customer shall be deemed to have in relation to the customer’s business the goods and the services to be rendered by the company in regard thereto. Reasonable knowledge of all matters directly or indirectly relating thereto or arising therefrom including, without limitation, terms of sale and purchase and all matters relating thereto and the customer undertakes to supply all Pertinent information to the company.
12.2 the customer warrants that:
12.2.1 it is either the owner or the authorised agent of the owner of any goods in respect of which the customer instructs the company and that each such person is bound by these trading terms and conditions;
12.2.2 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, sender or consignee is bound by these trading terms and conditions for itself and its agents and for any parties on whose behalf its agents may act, and in particular, but without prejudice to the generality of the aforegoing, it accepts that the company shall have the right to enforce against them jointly and severally any liability of the customer under these trading terms and conditions or to recover from them any sums to be paid by the customer which upon proper demand have not been paid;
12.2.3 all information and instructions supplied and to be supplied by it to the company is and shall be accurate, true and comprehensive, and in particular, without derogating from the generality of the aforegoing, the customer shall be deemed to be bound by and warrants the accuracy of all descriptions, values and other particulars furnished to the company for customs, consular and other purposes, and the customer warrants that it will not withhold any necessary or pertinent information, and indemnifies the company against all claims, losses, penalties, damages, expenses an fines whatsoever, whensoever and howsoever arising as a result of a breach of the aforegoing whether negligently or otherwise, including, without derogating from the generality of the aforegoing, any assessment or reassessment;
12.2.4 all goods will be properly, adequately and appropriately prepared and packed, stowed, labelled and marked, having regard inter alia to the implementation by or on behalf of the company or a instance of the contract involved and the characteristics of the goods involved and are capable of withstanding the normal hazards inherent in the implementation of such contract;
12.2.5 where goods are carried in or on containers, trailers, flats, tilts, railway wagons, tanks, igloos, or any other unit load devices specifically constructed for the carriage of goods by land, sea or air, (each such device hereinafter individually referred to as the “transport unit2) then, save where the company has been given and has accepted specific written instructions to load the transport unit;
126.96.36.199 that the transport unit has been properly and competently loaded, and;
188.8.131.52 that the goods involved are suitable for carriage in or on the transport unit, and;
184.108.40.206 that the transport unit itself is in a suitable condition to carry the goods loaded therein and complies with the requirements of all relevant transport authorities and carriers.
13. RECOVERY OF DEBTS DUE TO THE COMPANY
The company shall be entitled to recover any amounts due to it by the customer in respect of instructions relating to or in terms of any contract in respect of particular goods from the customer or it the customer acts as an agent for a disclosed or undisclosed principal from the customer or the principal, as the company in its absolute discretion deems fit.
14. COMPANY ENTITLED TO ACT AS AGENT OR PRINCIPAL IN CONTRACTING
14.1 Unless otherwise agreed in writing, the company in procuring the carriage, storage, packaging or handling of goods shall be entitled to act either as an agent for and on behalf of the customer or as a principal, as it in its absolute discretion deems fit.
14.2 The offer and acceptance of a fixed price tor the accomplishment of any task shall not itself determine whether such task is to be arranged by the company acting as agent for and on behalf of the customer or as principal.
14.3 The customer acknowledges that when the company as agent for and on behalf of the customer concludes any contract with a third party, such agreement is concluded between the customer and the third party.
14.4 Unless otherwise agreed in writing, the company, when acting as agent tor and on behalf of the customer, shall be entitled to enter into any contract it reasonably deems necessary or requisite for the fulfilment of the customer’s instructions, including, without limitation, contracts for the:
14.4.1 carriage of goods by any route or means or person;
14.4.2 storage, packing, transport, shipping, loading, unloading and/or handling of goods by any person at any place whether on shore or afloat and for any length of time;
14.4.3. carriage or storage of goods in break-bulk form or in or on transport units as defined in clause 12.2.5 or with or without other goods of whatsoever nature.
15.1 Any business entrusted by the customer to 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 services, or by the company employing, or entrusting the goods or services to third parties on such conditions as may be stipulated by, or negotiated with, such third parties for the purposes of such services, or such part thereof as they may be employed to carry out.
15.2 Where the company employs third parties to perform all or any of the functions which it has agreed to perform, the customer agrees that the company shall have no responsibility or liability to its customer for any act or omission of such third party even though the company may he responsible for the payment of such third party’s charger, but the company shall be suitably indemnified against all costs, (including attorney and clients costs) which may be incurred by or awarded against the company, take such action against the third party on the customer’s behalf as the customer may direct.
16. TERMS AND CONDITIONS OF AGENTS AND SUBCONTRACTORS
Notwithstanding anything to the contrary contained herein the customer agrees that all goods shall de dealt with by the company on the terms and conditions, whether or not inconsistent with these trading terms and conditions, stipulated by the carriers, warehousemen, government departments, and all other parties (whether acting as agents or subcontractors to the company or not) into whose possession or custody the goods may pass, or subject to whose authority they may at any time be.
17. GOODS REQUIRING SPECIAL ARRANGEMENTS
Except under special arrangements previously made in writing the company will not accept or deal with bullion, coins, precious stones, jewellery, valuables, antiques, pictures, human remains, livestock or plants. Should the customer nevertheless deliver such goods or cause the company to handle or deal with any such goods otherwise than under special arrangements previously made in writing the company shall incur no liability whatsoever in respect of such goods and in particular, shall incur no liability in respect of its negligent acts or omissions in respect of such goods. A claim, it any, against the company in respect of the goods referred to in this clause 17 shall be governed by provisions of clauses 40 and 41.
18. GOODS REQUIRING PRIOR CONSENT OF COMPANY
18.1 The customer shall obtain in advance the company’s specific written consent to accept into its possession or control or into possession or control of any of its servants, agents or employees any goods, including radio-active materials which maybe or become dangerous, inflammable or noxious, or which by their nature may injure, damage, taint or contaminate, or in any other way whatsoever adversely affect any person, goods or property, including goods likely to arbor or attract vermin or other pests. The customer warrants that such goods, or the case, crate, box, drum, canister, tank, flat pallet, package or other holder or covering of such goods will comply with any applicable laws, regulations or requirements of any authority or carrier and that the nature and characteristics of such goods and all other data required by such laws, regulations or requirements will be prominently and clearly marked on the outside cover of such goods.
18.2 If any such goods are delivered to the company, whether or not in breach of the provisions of clause 18.1. such goods may for good reason as the company in its discretion deems fit including, without limitation, the risk to other goods, property, life or health be destroyed, disposed of, abandoned or rendered harmless or otherwise dealt with at the risk and expense of the customer and without the company being liable for any compensation to the customer or any other third party, and without prejudice to the company’s rights to recover its charges and/or fees including the costs of such destruction disposal, abandonment or rendering harmless or other dealing with the goods. The customer indemnifies he company against all loss, liability or damage cause to the company as a result of the tender of the goods to the company and/or out of the aforegoing.
19. PERISHABLE GOODS
19.1 Without limiting or affecting any other terms of these trading terms and conditions, goods (whether perishable or otherwise) in the care, custody or control of the company may at the customers expense be sold or disposed of by the company without notice to the customer , sender, owner or consignee, if:
19.1.1 such goods have begun to deteriorate or are likely to deteriorate;
19.1.2 such goods are insufficiently addressed or marked;
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