Terms

 
SEA KARGO LTD website T & C's
FIRST EDITION, THE CUSTOMER’S ATTENTION IS DRAWN TO SPECIFIC CLAUSES HEREOF WHICH EXCLUDE
OR LIMIT THE COMPANY’S LIABILITY AND THOSE WHICH REQUIRE THE CUSTOMER TO
INDEMNIFY THE COMPANY IN CERTAIN CIRCUMSTANCES AND THOSE WHICH LIMIT TIME
BEING CLAUSES 8, 10, 12-14 INCLUSIVE, 18-20 INCLUSIVE, AND 24-27 INCLUSIVE
Insurance may only be effected by the Company under clause 11(A) if so authorised by the
Financial Services Authority or its successor
All headings are indicative and do not form part of these conditions.
DEFINITIONS AND APPLICATION
1 In these conditions the following words shall have the following meanings:-
“Company” SEA KARGO LTD TRADING AS CAR2SHIP
“Customer” any Person at whose request or on whose behalf the Company Undertakes any business or
provides advice, information or services
“Consignee” the Person to whom the goods are consigned
“Direct Representative” the Company acting in the name of and on behalf of the Customer and/or
Owner with H.M. Revenue and Customs (“HMRC”) as defined by Council
Regulation 2193/92 or as amended
“Person” natural person(s) or anybody or bodies corporate
“Goods” the cargo to which any business under these conditions relates
“SDR” are Special Drawing Rights as defined by the International Monetary Fund
“Transport Unit” packing case, pallets, container, trailer, tanker, or any other device use whatsoever for and in
connection with the carriage of Goods by land, sea or air
“Owner” the Owner of the Goods or Transport Unit and any other Person who is or may become interested
in them
2(A) Subject to sub-paragraph (B) below, all and any activities of the Company in the course of business, whether gratuitous or
not, are undertaken subject to these conditions.
(B) If any legislation, to include regulations and directives, 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, and if any part of these conditions be repugnant to such legislation to any extent, such part shall
as regards such business be overridden to that extent and no further. Page 2 of 6
SEA KARGO LTD trading as Car2Shipis Registered in England & Wales: 7513821
Registered offices: 145 - 157 St John St, London, EC1V 4PW, UK
145 - 157 St John St, London, EC1V 4PW, UK
Tel: 01473 375030 Fax: 01473 484558
3 The Customer warrants that he is either the Owner or the authorised agent of the Owner and, also, that he is accepting these
conditions not only for himself, but also as agent for and on behalf of the Owner.
THE COMPANY
4(A) Subject to clauses 11 and 12 below, the Company shall be entitled to procure any or all of the services as an agent, or, to
provide those services as a principal.
(B) The Company reserves to itself full liberty as to the means, route and procedure to be followed in the performance of any
service provided in the course of business undertaken subject to these conditions.
5 When the Company contracts as a principal for any services, it shall have full liberty to perform such services itself, or, to
Subcontract on any terms whatsoever, the whole or any part of such services.
6(A) When the Company acts as an agent on behalf of the Customer, the Company shall be entitled, and the Customer hereby
Expressly authorises the Company, to enter into all and any contracts on behalf of the Customer as may be necessary or desirable
To fulfil the Customer’s instructions, and whether such contracts are subject to the trading conditions of the parties with whom
Such contracts are made, or otherwise.
(B) 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 the obligation to provide such evidence, it shall be deemed to have contracted with
The Customer as a principal for the performance of the Customer’s instructions.
7 In all and any dealings with HMRC for and on behalf of the Customer and/or Owner, the Company is deemed to be appointed,
And acts as, Direct Representative only.
8(A) Subject to sub-clause (B) below,
The Company:
(i) Has a general lien on all Goods and documents relating to Goods in its possession, custody or control for all sums due at any
Time to the Company from the Customer and/or Owner on any account whatsoever, whether relating to Goods belonging to, or
Services provided by or on behalf of the Company to the Customer or Owner. Storage charges shall continue to accrue on any
Goods detained under lien;
(ii) shall be entitled, on at least 28 days notice in writing to the Customer, to sell or dispose of or deal with such Goods or
Documents as agent for, and at the expense of, the Customer and apply the proceeds in or towards the payment of such sums;
(iii) Shall, upon accounting to the Customer for any balance remaining after payment of any sum due to the Company, and for the
Cost of sale and/or disposal and/or dealing, be discharged of any liability whatsoever in respect of the Goods or documents.
(B) When the Goods are liable to perish or deteriorate, the Company's right to sell or dispose of or deal with the Goods shall arise
Immediately upon any sum becoming due to the Company, subject only to the Company taking reasonable steps to bring to the
Customer's attention its intention to sell or dispose of the Goods before doing so. © SEA KARGO LTD TRADING AS CAR2SHIP
9 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. Page 3 of 6
SEA KARGO LTD trading as Car2Shipis Registered in England & Wales: 7513821
Registered offices: 145 - 157 St John St, London, EC1V 4PW, UK
145 - 157 St John St, London, EC1V 4PW, UK
Tel: 01473 375030 Fax: 01473 484558
10(A) Should the Customer, Consignee or Owner of the Goods fail to take delivery at the appointed time and place when and
Where the company is entitled to deliver, the Company shall be entitled to store the Goods, or any part thereof, at the sole risk of
The Customer or Consignee or Owner, whereupon the Company’s liability in respect of the Goods, or that part thereof, stored as
Aforesaid, shall wholly cease. The Company’s liability, if any, in relation to such storage, shall be governed by these conditions.
All costs incurred by the Company as a result of the failure to take delivery shall be deemed as freight earned, and such costs
Shall, upon demand, be paid by the Customer.
(B) The Company shall be entitled at the expense of the Customer to dispose of or deal with (by sale or otherwise as may be
reasonable in all the circumstances):-
(i) after at least 28 days notice in writing to the Customer, or (where the Customer cannot be traced and reasonable efforts have
been made to contact any parties who may reasonably be supposed by the Company to have any interest in the Goods) without
notice, any Goods which have been held by the Company for 90 days and which cannot be delivered as instructed; and
(ii) without prior notice, any Goods which have perished, deteriorated, or altered, or are in immediate prospect of doing so in a
manner which has caused or may reasonably be expected to cause loss or damage to the Company, or third parties, or to
contravene any applicable laws or regulations.
11(A) No insurance will be effected except upon express instructions given in writing by the Customer and accepted in writing by
the Company, and all insurances effected by the Company are subject to the usual exceptions and conditions of the policies of the
insurers or underwriters taking the risk. Unless otherwise agreed in writing, the Company shall not be under any obligation to
effect a separate insurance on the goods, but may declare it on any open or general policy held by the Company.
(B) Insofar as the Company agrees to effect insurance, the Company acts solely as agent for the Customer, and the limits of
liability under clause 26(A) (ii) of these conditions shall not apply to the Company’s obligations under clause 11.
12(A) Except under special arrangements previously made in writing by an officer of the Company so authorised, or made
pursuant to or under the terms of a printed document signed by the Company, any instructions relating to the delivery or release of
the Goods in specified circumstances (such as, but not limited to, against payment or against surrender of a particular document)
are accepted by the Company, where the Company has to engage third parties to effect compliance with the instructions, only as
agents for the Customer.
(B) Despite the acceptance by the Company of instructions from the Customer to collect freight, duties, charges, dues, or other
expenses from the Consignee, or any other Person, on receipt of evidence of proper demand by the Company, and, in the absence
of evidence of payment (for whatever reason) by such Consignee, or other Person, the Customer shall remain responsible for such
freight, duties, charges, dues, or other expenses. SEA KARGO LTD TRADING AS CAR2SHIP
(C) The Company shall not be under any liability in respect of such arrangements as are referred to under sub-clause (A) and (B)
hereof save where such arrangements are made in writing, and in any event, the Company’s liability in respect of the performance
of, or arranging the performance of, such instructions shall not exceed the limits set out in clause 26(A) (ii) of these conditions.
13 Advice and information, in whatever form it may be given, is provided by the Company for the Customer only. The Customer
shall indemnify the Company against all loss and damage suffered as a consequence of passing such advice or information on to
any third party.
14 Without prior agreement in writing by an officer of the Company so authorised, the Company will not accept or deal with
Goods that require special handling regarding carriage, handling, or security whether owing to their thief attractive nature or
otherwise including, but not limited to bullion, coin, precious stones, jewellery, valuables, antiques, pictures, human remains,
livestock, pets, 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 such prior agreement, the Company shall have no liability whatsoever
for or in connection with the goods, howsoever arising. Page 4 of 6
SEA KARGO LTD trading as Car2Shipis Registered in England & Wales: 7513821
Registered offices: 145 - 157 St John St, London, EC1V 4PW, UK
145 - 157 St John St, London, EC1V 4PW, UK
Tel: 01473 375030 Fax: 01473 484558
15 Except pursuant to instructions previously received in writing and accepted in writing 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 with Goods liable to taint or affect other Goods. If such Goods are accepted pursuant to a special arrangement, but,
thereafter, and in the opinion of the Company, constitute a risk to other goods, property, life or health, the Company shall, where
reasonably practicable, contact the Customer in order to require him to remove or otherwise deal with the goods, but reserves the
right, in any event, to do so at the expense of the Customer.
16 Where there is a choice of rates according to the extent or degree of the liability assumed by the Company and/or third parties,
no declaration of value will be made and/or treated as having been made except under special arrangements previously made in
writing by an officer of the Company so authorised as referred to in clause 26(D).
THE CUSTOMER
17 The Customer warrants:
(A) (i) that the description and particulars of any Goods or information furnished, or services required, by or on behalf of the
Customer are full and accurate, and
(ii) that any Transport Unit and/or equipment supplied by the Customer in relation to the performance of any requested service is
fit for purpose, and
(B) that all Goods have been properly and sufficiently prepared, packed, stowed, labelled and/or marked, and that the preparation,
packing, stowage, labelling 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 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, and SEA
KARGO LTD
(D) that where the Company provides the Transport Unit, on loading by the Customer, the Transport Unit is in good condition,
and is suitable for the carriage to the intended destination of the Goods loaded therein, or thereon.
18 Without prejudice to any rights under clause 15, where the Customer delivers to the Company, or causes 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, whether declared to the Company or not, he shall be liable for all loss or damage arising in
connection with such Goods, and shall indemnify the Company against all penalties, claims, damages, costs and expenses
whatsoever arising in connection therewith, and the Goods may be dealt with in such manner as the Company, or any other person
in whose custody they may be at any relevant time, shall think fit.
19 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.
20 The Customer shall save harmless and keep the Company indemnified from and against:-
(A) all liability, loss, damage, 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 acting in accordance with the Customer's instructions, or arising from any breach by the Customer of any
warranty contained in these conditions, or from the negligence of the Customer, and
(B) 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 become liable to any other party, and Page 5 of 6
SEA KARGO LTD trading as Car2Shipis Registered in England & Wales: 7513821
Registered offices: 145 - 157 St John St, London, EC1V 4PW, UK
145 - 157 St John St, London, EC1V 4PW, UK
Tel: 01473 375030 Fax: 01473 484558
(C) all claims, costs and demands whatsoever and by whomsoever made or preferred, in excess of the liability of the Company
under the terms of these conditions, regardless of whether such claims, costs, and/or demands arise from, or in connection with,
the breach of contract, negligence or breach of duty of the Company, its servants, sub-contractors or agents, and
(D) any claims of a general average nature which may be made on the Company.
21 (A) the Customer shall pay to the Company in cash, or as otherwise agreed, all sums when due, immediately and without
reduction or deferment on account of any claim, counterclaim or set-off.
B) The Late Payment of Commercial Debts (Interest) Act 1998, as amended, shall apply to all sums due from the Customer
22 Where liability arises in respect of claims of a general average nature 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. © SEA KARGO LTD TRADING AS CAR2SHIP2004
LIABILITY AND LIMITATION
23 The Company shall perform its duties with a reasonable degree of care, diligence, skill and judgment.
24 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:-
(A) strike, lock-out, stoppage or restraint of labour, the consequences of which the Company is unable to avoid by the exercise of
reasonable diligence; or
(B) any cause or event which the Company is unable to avoid, and the consequences of which the company is unable to prevent
by the exercise of reasonable diligence.
25 Except under special arrangements previously made in writing by an officer of the Company so authorised, the Company
accepts no responsibility with regard to any failure to adhere to agreed departure or arrival dates of Goods.
26(A) Subject to clause 2(B) and 11(B) above and sub-clause (D) below, the Company’s liability howsoever arising and,
notwithstanding that the cause of loss or damage be unexplained, shall not exceed
(i) in the case of claims for loss or damage to Goods:
(a) the value of any loss or damage, or
(b) a sum at the rate of 2 SDR per kilo of the gross weight of any Goods lost or damaged whichever shall be the lower.
(ii) subject to (iii) below, in the case of all other claims:
(a) the value of the subject Goods of the relevant transaction between the Company and its Customer, or
(b) where the weight can be defined, a sum calculated at the rate of two SDR per kilo of the gross weight of the subject Goods
of the said transaction, or
(c) 75,000 SDR in respect of any one transaction, whichever shall be the least.
(iii) in the case of an error and/or omission, or a series of errors and/or omissions which are repetitions of or represent the
continuation of an original error, and/or omission
(a) the loss incurred, or
(b) 75,000 SDR in the aggregate of any one trading year commencing from the time of the making of the original error, and/or
omission, SEA KARGO LTD TRADING AS CAR2SHIPwhichever shall be the lower.
For the purposes of clause 26(A), the value of the Goods shall be their value when they were, or should have been, shipped. The
value of SDR shall be calculated as at the date when the claim is received by the Company in writing. Page 6 of 6
SEA KARGO LTD trading as Car2Shipis Registered in England & Wales: 7513821
Registered offices: 145 - 157 St John St, London, EC1V 4PW, UK
145 - 157 St John St, London, EC1V 4PW, UK
Tel: 01473 375030 Fax: 01473 484558
(B) Subject to 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 25) to adhere to
agreed departure or arrival dates, shall not in any circumstances whatever exceed a sum equal to twice the amount of the
Company’s charges in respect of the relevant contract.
(C) Save in respect of such loss or damage as is referred to at sub-clause (B), and subject to clause
(D))Refund Policy From 1st May 2014, Cancellation fees is below
Imports - Air Freight Shipments (Normal Freight) £150 ,Import vehicle into the UK £350 per vehicle ,Import Container Shipment Dedicated £250 ,LCL Import Shipments £95 ,RORO Car Shipping £75
Exports ,Air Freight Shipments (Normal Freight) £150 ,Container Dedicated / Shared container Export Shipment £250 ,RORO car shipping £75 ,LCL Exports Shipment £75 ,ECTN Note £50 + Any costs
JURISDICTION AND LAW
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 profit, loss of market, or the consequences of delay or deviation, however
caused.
(D) On express instructions in writing declaring the commodity and its value, received from the Customer and accepted by the
Company, the Company may 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.
27(A) Any claim by the Customer against the Company arising in respect of any service provided for the Customer, or which the
Company has undertaken to provide, shall be made in writing and notified to the Company within 14 days of the date upon which
the Customer became, or ought reasonably to have become, aware of any event or occurrence alleged to give rise to such claim,
and any claim not made and notified as aforesaid shall be deemed to be waived and absolutely barred, except where the Customer
can show that it was impossible for him to comply with this time limit, and that he has made the claim as soon as it was
reasonably possible for him to do so.
(B) Notwithstanding the provisions of sub-paragraph (A) above, the Company shall in any event be discharged of all liability
whatsoever and howsoever arising in respect of any service provided for the Customer, or which the Company has undertaken to
provide, unless suit be brought and written notice thereof given to the Company within nine months from the date of the event or
occurrence alleged to give rise to a cause of action against the Company.
29 These conditions and any act or contract to which they apply shall be governed by English 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 English courts