Standard Trading Conditions
IN THE ABSENCE OF A SPECIAL CONTRACT CONTAINING SPECIAL CONDITIONS THE FOLLOWING ARE THE ONLY CONDITION ON WHICH NTTS INDO CARGO LLC CONTRACT, CARRY OUT BUSINESS OR OPERATE.
INTERPRETATION
- In these conditions
“Customer or preform any service or operation and includes the owner
Consignor means perform any service or operation and includes the owner
“person” includes a Firm or company
“conveyance” includeslorry, van trailer, rail wagon, ship, barge, aircraft and “convey” means convey or conveyance and includes dispatch by post.
“expenses” includes the company’s charges and disbursements, freight charges, warehouse rent, cost of insurance (is any) and any duty, customs fees or charges, fines, penalties, etc. payable under or by virtue of the revenue and or penal laws of any country in form to or through witch the goods go or pass.
POSITIONS OF COMPANY
- The company is forwarding agents and not a common carrier and does not accept any liability of a common carrier.
- No agents or person employed by the company other than those expressly authorized in writing by the company for that purpose shall have any authority to alter, vary or qualify in any way these conditions or any of them.
- The company reserves the right at its discretion at any time before receiving or collecting or otherwise dealing with any good or before transporting by conveyance any goods to refuse to receive or collect or convey or deal with the same and without giving any reason, therefore.
- A customer will be presumed unless the contrary is made to the company at the time to be owner of or otherwise fully authorized to deal with the goods and in any event shall indemnify the company against all claims arising from title to the goods paramount to that of the customers
- (A) The company in connection with the transportation of the goods and for any part of the transportation journey may use or arrange for the use of any conveyance or conveyances and for such purpose may employ a sub-contractor or agent any conveyance owner on such conveyance owners usual terms or on such other terns as may be agreed between the company and such conveyance owner but entirely without prejudice to the right power and immunity witch the compony enjoy under these conditions in employing any convey ance owner the compony shall act and be deemed to act as agents for the costumer
(C) The goods may be so conveyed to. Their conveyance so arranges for separately, and if and when the company in their discretion thinks fit, as part of a larger package or consignment.
- The company may at any time require proof of the nature, conditions, quantity, weight or value of the goods or any of the notwithstanding any prior declaration by customer.
- Unless otherwise agreed in writing, all goods shall be adequately and securely packed by the Customer and the name and address of the consignee clearly stated.
- In all cases, the consignor shall remain liable to the company or all expenses except in so far as prepaid without prepaid without prejudice to any of the company’s rights against the consignee or any other person.
- Dangerous goods, if accepted by the company, must be accompanied by a full declaration of their nature and content and properly and safely and securely packed for the transit. The company gives no guarantee that any conveyance owner will accept or deliver such goods.
- The consignor shall indemnify the company against all claims or injuries to any property or person caused by special goods or expectational good or perishable goods or dangerous goods.
- Subject as aforesaid full written particulars and instructions must be furnished with regard to
(ii)any risk to be insured against amount to be covered.
If such particulars in respect of (i) be not furnished or be in any respect in accurate or not clear, the company shall be absolved from all responsibility whatsoever for loss or misdelivery of the goods if particulars under (ii) are for furnished or are neither accurate nor clear, the company shall not be under any responsibility for not insuring or for any incorrect insurance.
COMPANY EXPENSES
- The company may at any time require prepayment of or on account of their expenses
- If the goods be stopped in transit, refused or delivery not taken, the cost of any additional carriage, cartage, storage and or of any other consequential service will be charged to and forthwith payable by consignor
- The company shall not be under any responsibility whatsoever for any damages, loss delay in delivery, misdelivery or detention(how, when and where caused or arising and when whether caused or arising during or in course of deviation from route) to or of goods unless caused by willful neglect or default or other matter or thing whatsoever or howsoever arising the company shall not be under any responsibility for any such damage or loss ect. , as is last mentioned to any goods beyond the limit specified in condition 19. The company shall not be liable for any act of jettisoning, abandoning, destroying or otherwise dealing with the goods or any of them. Witch act in the opinion of the company is necessary or advisable for the safety or security of any person or property.
- The company is not liable or responsible in any capacity or manner whatsoever for any loss or damage to the goods whilst the goods are in transit, possession, control or custody of steamship companies, railways, airline or other carriers or when any loss or damage to the goods is due to act of god, war, mutiny, seizure, detention, forfeiture by government, state, rulers, prince, ports authorities or any other body.
- The company’s liability begins from the time of the receipt of the goods in the contracted condition and terminates at the time of delivery to other carriers or the consignees. In the event of a claim, the company is limited to a liability of not exceeding S$1.00 (one US dollar) per Box of the gross weight of goods lost or damages and thereafter to be approved.
- The company shall be discharged from liability or obligation upon the delivery of the goods to the consignees or their agents.
- In the event of any dispute as regards the value of each package or unit, it is hear by expressly declared and agreed that the company shall have the sole right to appoint an adjuster or valuer to decide the value of each package or unit. It is further expressly declared and agreed that the decision of the adjuster or valuer shall be binding on the customer.
- Notwithstanding and without prejudice to conditions 15, 16, 17, 18, and 19, it is a condition precedent of the company’s liability hereunder that any claim must be notified in writing to the company at its business address now at NTTS INDO CARGO LLC. 1006 Veirs mill rd. Rockville MD 20851, or wherever situated in such detail as the company may reasonably require and that such notification must in case of claims relating to goods alleged to be damaged be made within seven days after delivering or in the case of claims relating to loss or non-delivery be made within thirty days after the due date of delivery.
- Rates offered are for the conveyance to all part of the world goods, consisting of ordinary merchandise, senders are responsible for the payment of any increase in rates, freight, premiums, or other changes which may be imposed after the commencement of the transit. Customs duties and local taxes and other government charges are additional to the rates for carriage unless otherwise stated. All rate and changes are payable in US currency unless otherwise stated.
- Unless a special agreement is made as to the rate of carriage the company shall have the option of charging by value or weight or measurement
- Customer must pay all bills rendered by the company promptly within 30 days from the date of bills not withstanding any enquiries, complaints or disputes on bills.
- Customer must direct any enquiries on any bills to the company’s accountant within 15 days of the date of bills falling which it shall be deemed that such bills are correct for all purposes
- Customer is required to pay interest charges for 2% per month on all bills which remain unpaid after the currently allow credit period of 30 days from the date of bills not withstanding any enquiries, complaints or disputes on the bill. This is interest payments dose not prejudice the company right to demand payment for bills exceeding 30 days.
- The company has the right to suspend or close the customers credit facilities and demand for immediate settlement for all outstanding amount due to the company.
- All goods received for transportation by the Company or its agent shall be held by them subject to a general lien and right of detention for money due to the company whether in respect of the forwarding of those or other goods or for other charges or cost payable by the owner of the goods, and the general lien is not satisfied within 14 days from day when expenses become payable, the goods will be sold by auction or otherwise and the proceeds of sale applied to the satisfaction of the lien and expenses.
- No insurance of the goods for any risk shall be affected by the company without prior written instructions and additional payment for the premium and other charges
In the event of a conflict between any of condition with any statue or law of USA, only such condition to the extent of inconsistency, but not further shall be null and void.
Nothing in this document or elsewhere shall be deemed to be a waiver or surrender by NTTS INDO CARGO LLC. Of their rights, immunities, exemption or limitation of liability or responsibility provided by statue or otherwise, presently or in future
