Amass Freight International (HK) Co. Ltd.
STANDARD TRADING CONDITIONS
1. In the Conditions, the following words have the following meanings:
"The Company" means Amass Freight International (HK) Co. Ltd.;
"Customer" means any person at who request or on who behalf the Company provides Services;
"Goods" includes goods, wares, merchandis and articles of every kind whatever; and any container, trailer, tank or pallet (including similar articles of transport ud to store or consolidate goods) not supplied by or on behalf of the Company; "Dangerous Goods" includes goods that are of a dangerous, explosive, inflammable, radioactive or damaging nature and also includes any goods that fall within the description of “dangerous goods”under the relevant ordinanc es relating to dangerous goods in Hong Kong;
"Hague Rules" means the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading signed at Brusls on 25 August 1924;
"Owner" means the owner of goods;
"Person" includes individuals and/or corporations;
"Services" means the rvices provided by the Company either as principal or as agent, including undertaking or arranging Customs declaration, stuffing, unstuffing, loading, discharging, delivery and/or storage of goods, carriage of goods by air, a, rail and/or road. As far as the carriage of goods by rail is concerned, the Company will only act as the Customer’s agent to arrange with the railway company to carry the goods for the Customer.
2.1 All business undertaken by the Company is transacted subject to the Conditions, which shall be deemed to be incorporated in any agreement between the Company and the Customer.
2.2 If at any time one or more of such provisions becomes invalid or illegal, the validity or legality of the remaining provisions of the Conditions shall not in any way be affected.
2.3 The Company may issue its own waybill, bill of lading or other documents of carriage naming the Company as the carrier. Where such a document is issued, the terms and conditions in it shall prevail in so far as they are inconsistent with the Conditions.
2.4 Where the Company is held to be a carrier, the Company shall be entitled to all the rights, immunities, exceptions and limitations conferred on the carrier by any applicable law or legislation.
2.5 Where the Company has not issued its own bill of lading and is held to be a carrier as far as carriage of goods by a or inland waterway is concerned, the Company’s liability shall be determined by Article III and Article IV of the Hague Rules. The aforesaid Articles shall prevail in so far as they are inconsistent with the Conditions. The limitation amount in Article IV (5) of the Hague Rules is deemed to be the nominal value of 100 pounds sterling.
3. The Customer entering into any business with the Company warrants to the Company that the Customer is either the Owner or the authorized agent of the Owner and that it is authorized to accept the Conditions not only for itlf but also for the Owner.
4. The Customer further warrants that:
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a. all the goods have been properly and sufficiently packed and that the Company has no liability for any loss of, damage to or any other claims relating to the goods which are improperly or insufficiently packed; and
b. the goods are fit and suitable for the carriage, storage and any other handling in accordance with the Customer's instructions; and
陈粒歌词c. it shall fully comply with applicable laws and regulations of ports, airports, Customs or other authorities.
5.1 The Customer shall indemnify the Company against all claims, liability, loss, damages, costs and expens arising out of the Company acting in accordance with the Customer's instructions, or arising from a breach of warranty or obligation on the part of the Customer, or arising from the inaccurate information or insufficient instructions provided by the Customer, or arising from the negligence of the Customer or the Owner.
5.2 The Customer undertakes that no claim shall be made against any rvant, agent or sub-contractor of the Company if such claim impos upon them any liability in connection with any Services provided by the Company. If any such claim should nevertheless be made, the Customer shall indemnify the Company against all conquences. Every such rvant, agent and sub-contractor shall have the benefit of all provisions herein benefiting the Company as if such provisions were expressly provided for his or its benefit. For the purpos, the Company contracts for itlf and also as agent and trustee for each such rvant, agent and sub-contractor.
5.3 The Customer shall defend, indemnify and hold harmless the Company from and against all clai
ms, costs and demands whatsoever and by whomsoever made or preferred in excess of the liability of the Company under the Conditions, and such indemnity shall include all claims, costs and demands arising from the negligence of the Company, its rvants, agents or sub-contractors.
5.4 The Customer shall defend, indemnify and hold harmless the Company in respect of any general average claim that may be made against the Company and the Customer shall provide such curity as may
be required by the Company.
形容红的词语6 Except under special arrangements previously made in writing, the Customer warrants that the goods are not Dangerous Goods, nor are goods of comparable hazard, nor are goods otherwi likely to cau damage. Should the Customer nevertheless deliver any such goods to the Company or cau the Company to handle any such goods otherwi than under special arrangements previously made in writing, then whether or not the Company is aware of the nature of such goods, the Customer and/or the Owner shall be liable for all expens, loss or damages whatsoever caud by or to or in connection with such goods and howsoever arising, and shall indemnify the Company against all penalties, claims, damages, costs, expens and any other liabilities whatsoev
er arising in connection with such goods, and such goods may be destroyed or otherwi dealt with at the risks and expens of the Customer and/or the Owner in the sole discretion of and without any liability to the Company. Even if such goods are handled by the Company under arrangements previously made in writing, they may nevertheless be destroyed at the risks and expens of the Customer and/or the Owner in the sole discretion of and without any liability to the Company on account of risk to other goods, property, life or health. The goods that are likely to cau damage include goods that are likely to encourage vermin or other pests.
7. Except under special arrangements previously made in writing, the Company will not deal with bullion, bank notes, coins, cheques, bonds, negotiable documents and curities, precious stones, precious metal objects, jewellery, valuables, antiques, valuable works of art, livestock or plants. Should the Customer nevertheless deliver any such goods to the Company or cau the Company to handle any such goods otherwi than under special arrangements previously made in writing, the Company shall be under no liability whatsoever in connection with such goods (including any loss, damage, misdelivery, misdirection or delay howsoever caud) and notwithstanding that the value of any such goods may be shown, declared or indicated on any documents accompanying such goods.
8.1 If delivery of the goods is not taken by the Customer or the Owner at the time and/or place when and/or where delivery should be taken, the Company shall be entitled (but is not obliged) to store the goods at the sole risk of the Customer and the Owner. The Customer and the Owner shall indemnify the Company against all liabilities that it may incur in respect of the goods stored as aforesaid and shall bear the cost of such storage.
8.2 The Company is entitled (but not obliged) to ll or dispo of all goods which in the opinion of the Company cannot be delivered either becau they are insufficiently or incorrectly addresd or becau they are not collected or accepted by the Customer or the Owner within 14 days after notice has been given to the Customer. The Customer shall pay all charges and expens in connection with the storage and the sale and/or disposal of the goods.
8.3 All goods shall be subject to a particular and general lien for monies due either in respect of such goods, or for any particular or general balance or other monies due from the Customer and/or the Owner to the Company. If any such monies due to the Company are not paid within 14 days after notice has been given to the Customer, the goods may be
sold by auction or otherwi at the sole discretion of the Company at the expens of the Customer
and/or the Owner, and the proceeds (net of the expens in connection with such sale) shall be applied in or towards satisfaction of such debts, and the Company shall not be liable for any reduction in value received on the sale of the goods, nor shall the Customer and/or the Owner be relieved from the liability of any outstanding debts merely becau the goods have
been sold.
9. The Customer shall pay to the Company all sums immediately when due without deduction on account of any claim, counterclaim or t-off. Payment to the Company is due as soon as an invoice is rendered to the Customer. For any amount unpaid within 30 days from the date of the invoice, the Company shall be entitled to interest from the date of the invoice until payment at 2% per month.
10.1 The Company shall be entitled to sub-contract on any terms the whole or any part of the Services whatsoever undertaken by the Company.
10.2 The Company rerves to itlf the sole and absolute discretion as to the means, routes and procedures to be adopted in the carriage, storage and other handling of goods. The Company has absolute liberty to determine the adoption of any means, routes or procedures.
11.1 The Company shall not be liable for any damage to, loss, delay, misdirection or misdelivery of goods or any other claims, unless it is proved that such damage, loss, delay, misdirection, misdelivery or any other claims are caud by the negligence of the Company, its rvants, agents or sub-contractors. In any event, in no circumstances shall the liability of the Company exceed tho limits as t out in Clau
11.2 Notwithstanding any other provisions in the Conditions to the contrary but subject to Claus 2.3 and 2.5, the Company shall not in any event be liable whatsoever for: a. any indirect, conquential or economic loss (including loss of market, profit, revenue, business or goodwill); or
b. any loss, damage, expen or claim arising from fire, water, storm, typhoon, explosion, strike, or any act of Customs or any other government authorities howsoever caud and whether or not resulting from any act or omission or default or neglect on the part of the Company, its rvants, agents or sub-contractors.番禺南村
11.3 For tho liabilities which cannot be exempted or excluded by any other provisions in the Conditions, the liability of the Company howsoever arising shall in no event exceed a sum of whichever is the
lower of:
婀娜多姿的意思a. US$500 per package or unit of; or
b. US$2 per kilogram of the gross weight of
the goods or any other properties lost, damaged, misdirected, misdelivered or in respect of which a claim is made provided that the Company's liability whatsoever shall in no circumstance exceed a total sum of US$250,000 per event or events arising from a common cau. Without prejudice to the other provisions of the Conditions, if the Company is held liable for delay, liability shall be limited to an amount equivalent to the Services charges applicable to the goods delayed.
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11.4 By special arrangement agreed in writing, the Company may accept liability in excess of the limits t out in Clau 11.3 provided that the Customer shall pay to the Company additional charges as decided
by the Company from time to time. Details of the additional charges will be provided upon written request by the Customer.棉服怎么清洗
11.5 All and any Services provided by the Company gratuitously are provided on the basis that the C
ompany will not accept any liability whatsoever.
11.6 It is agreed that superficial rust, oxidation, discoloration, or any like condition due to moisture, is not a condition of damage but is inherent to the nature of the goods and acknowledgement of receipt of the goods in apparent good order and condition is not a reprentation that such conditions of rust, oxidation, discoloration, or the like did not exist on receipt.
四字情侣名11.7 Regarding the carriage of goods by rail, the Company will not act as the carrier. The Customer shall directly submit any claims to the railway company, which shall be subject to the carriage regulations and/or contract terms of the railway company.
11.8 Regarding the carriage of goods by road, the Company’s liability shall be determined by the Standard Terms and Conditions of Carriage as recommended by Hong Kong Container Tractor Owner Association Limited.
12 Subject to Clau 13 hereinbelow, any claim against the Company must be in writing and delivered to the Company within 14 days from the date of delivery of the goods or the date the goods should have been delivered or the date of the event giving ri to the claim, whichever is the earliest. In the ca of loss or damage, the Company shall be given the opportunity to conduct survey or insp
ect such loss or damage.
13 The Company shall in any event be discharged of all liabilities whatsoever in respect of any claim unless suit is brought against the Company in the courts of the Hong Kong Special Administrative Region within nine months from the date of delivery of the goods or the date the goods should have been delivered or the date of the event giving ri to the claim, whichever is the earliest.
14 The defences, exemptions and limitations of liability provided for in the Conditions shall apply in any action against the Company whether such action is founded in contract or in tort.
15 The Conditions and any contract with the Company shall be governed by the laws of the Hong Kong Special Administrative Region. Any proceedings against the Company must be brought only in the courts of the Hong Kong Special Administrative Region and no other court.
16 This Agreement has an English translation which is for reference only. In the event of discrepancy between the Chine and the English version, the Chine version shall prevail.
