Important Notice
Your attention is drawn to clauses 14, 15, 18, 21, 25 and 29 hereof which exclude or limit liability or which require you to give an indemnity in certain circumstances. These clauses are highlighted below.
1
Definitions
In these conditions the following expressions have the following meaning:
"The Companies" means Allenek Industries Ltd and/or any companies associated therewith.
"The Principals" means mainly carrier/liner shipping companies for whom Allenek Industries Ltd and/or its associated Companies act as agents.
"Customer" means any person at whose request or on whose behalf the Companies undertake to arrange any business or provide or arrange advice, information or services.
2
Agency
The Companies act solely as agents either for the Principals or for Customers whether or not expressly stated to be acting in such capacity. Accordingly, the Companies accept no duties, obligations or liabilities as principals.
3
Application of Conditions
Without prejudice to the foregoing, insofar as there may be found to be a duty, obligation or liability (contractual or otherwise) attaching to one or more of the Companies, these conditions and such modifications as may be adopted from time to time shall apply. All and any business undertaken, including any advice, information or service provided whether gratuitously or not by the Companies, is transacted subject to the conditions hereinafter set out. No agent or employee has the authority to alter or vary these conditions.
4
Applicable Legislation
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 of any of the rights or immunities or as an increase of any responsibilities or liabilities under such legislation.
5
Not a Common Carrier
None of the Companies is a common carrier nor a carrier for the purpose of any legislation compulsorily applicable to the carriage of goods by sea or road or otherwise howsoever.
6
Principals' Conditions and Forwarding Services
(i) The Companies shall be entitled to rely upon the terms, conditions, exceptions and limitations of liability provided for in their Principals' Standard Conditions of Trading or bills of lading to the extent permitted thereby. In case of any conflict between the said terms and these conditions, these conditions shall prevail.
(ii) Where the Companies arrange forwarding services for the Customer's goods which have been or will be carried in accordance with a contract with a Principal, the provision of such services shall be subject to the terms and conditions of the Principal's Bill of Lading and tariff rules (if any) which may be inspected on request.
7
Customer Warranties
Customers entering into transactions of any kind expressly warrant that they are either the owners or authorised agents of the owners of any goods to which the transaction relates, and they further warrant that they are authorised to accept and are accepting these conditions not only for themselves but also as agents for and on behalf of all other persons who are or may thereafter become interested in the goods.
8
Sub-Contracting
(i) Any instructions or business accepted by the Companies may in the absolute discretion of the Companies be fulfilled by the Companies by their own servants, or by their subsidiary, associated or parent companies, or by employing or instructing or entrusting the business to others on such conditions as such others may stipulate.
(ii) If the Companies employ others or instruct or entrust business to others, then the Companies shall be entitled to the benefit of any liberties, exceptions, exemptions, and/or limits of liability contained in any terms and conditions stipulated by such others.
9
Discretion in Handling
Subject to express instructions in writing given by the Customer, the Companies reserve absolute discretion as to the means, route and procedure to be followed in the handling, storage and transportation of goods. If in the opinion of the Companies it is at any stage necessary or desirable in the Customer's interests to depart from any such written instructions, the Companies shall be at liberty to do so.
10
Storage
Pending forwarding or delivery, goods may be warehoused or otherwise held at any place or places at the sole discretion of the Companies and the cost thereof shall be for the account of the Customer.
11
Packing and Condition of Goods
(i) Unless the Companies have been instructed in writing to pack the goods, the Customer warrants that all goods have been properly, sufficiently, appropriately and adequately prepared, packed, stowed, labelled and/or marked and shall at all relevant times be in such condition as not to cause damage or injury to the property of the Companies or to that of their Principals, or to any other goods.
(ii) Where the Company receives the goods already stowed in or on a container, trailer, tanker, or any other transport unit, the Customer warrants that the transport unit is in good condition and is suitable for the carriage to the intended destination.
12
Remuneration
The Companies are entitled to retain and be paid all brokerages, commissions, allowances and other remunerations.
13
Quotations
Quotations are given on the basis of immediate acceptance and are subject to withdrawal or revision. Unless otherwise agreed in writing, the Companies shall be 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 other charges applicable. Except in accordance with special arrangements previously made in writing, the Companies accept no responsibility for departure or arrival dates of goods.
14
Customer's Responsibility for Accuracy
The Customer shall be deemed to be bound by and to warrant the accuracy of all descriptions, values and other particulars furnished to the Companies for Customs, Consular and other purposes in connection with the goods or the transaction referred to herein and undertakes to indemnify the Companies against all losses, damages, expenses, penalties, and fines whatsoever arising from any inaccuracy or omission, even if such inaccuracy or omission is not due to any negligence.
15
Duties, Taxes and Charges
The Customer shall be liable for and shall indemnify the Companies in respect of any duties, taxes, imposts, levies, deposits or outlays of any kind levied by the authorities at any port or place for or in connection with the goods and for any payments, fines, expenses, penalties, loss or damage whatsoever incurred or sustained by the Companies in connection therewith.
16
Collect Freight
When goods are accepted or dealt with upon instructions to collect freight, duties, charges or other expenses from the consignee or any other person, the Customer shall remain responsible for the same if they are not paid by such consignee or other person immediately when due.
17
Insurance
No insurance will be effected except upon express instructions given in writing by the Customer. All insurances effected by the Companies are subject to the usual exceptions and conditions of the Policies of the companies or underwriters taking the risk. Should the insurers dispute their liability for any reason, the Customer shall have recourse against the said insurance company or underwriters only and the Companies shall not be under any responsibility or liability whatsoever in relation thereto.
18
Liability
(i) The Companies shall only be responsible for any loss or damage or for any non-delivery or mis-delivery if it is proved that the loss, damage, non-delivery or mis-delivery occurred whilst any goods were in the actual custody of the Companies and under their actual control and that such loss, damage, non-delivery or mis-delivery was due to the wilful neglect or default of the Companies or their own servants. Insurance is covered under UK BIFA terms and CMA UK Terms.
(ii) The Companies shall only be liable for any non-compliance or mis-compliance with instructions given if it is proved that the same was caused by the wilful neglect or default of the Companies or their own servants.
(iii) Save as aforesaid, the Companies shall be under no liability whatsoever however arising.
(iv) The Companies shall not in any event be under any liability whatsoever 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, or for fire or the consequences of fire.
20
Limit of Liability
In no case whatsoever shall any liability of the Companies however arising exceed either:
(i) The value of the goods lost or damaged or the subject of the relevant transaction, or
(ii) BIFA: 2 SDR's Per Kilo
(iii) CMR: 8.33 SDR's Per Kilo
21
Time Limits for Claims
The Companies shall be discharged from all liability for the following claims which shall be deemed waived and absolutely barred:
(a) For loss from a package or damage or mis-delivery — unless notice is received in writing within 7 days after the end of transit (UK) or 14 days (outside UK), and suit commenced within 9 months of the end of transit.
(b) For loss or non-delivery of the whole of a consignment — unless notice is received in writing within 28 days, and suit commenced within 9 months, of the date when the goods should have been delivered.
(c) For all other claims — unless notice is received in writing within 6 months, and suit commenced within 9 months of commencement of the relevant transaction.
(d) Evidence of goods disposed of is required to complete a claim within 90 days. If no evidence is presented, the Company has the right to void all claims made.
23
Storage of Undelivered Goods
If delivery of the goods or any part thereof is not taken by the Customer, consignee or owner at the time and place when and where the Companies are entitled to call upon such person to take delivery thereof, the Companies shall be entitled to store the goods at the sole risk of the Customer, whereupon the liability of the Companies in respect of the goods stored shall wholly cease and the cost of such storage shall forthwith upon demand be paid by the Customer.
25
Dangerous Goods
(i) Except under special arrangements previously made in writing and accepted by the Companies, the Companies will not accept or deal with any noxious, dangerous, hazardous or inflammable or explosive goods or any goods of a dangerous damaging nature, or any goods likely to harbour or encourage vermin or other pests or any goods liable to taint or affect other goods.
(ii) Should any Customer deliver to the Companies any such goods without prior written agreement, he shall be liable for all loss or damage whatsoever caused by or to or in connection with the goods however arising and shall indemnify the Companies against all penalties, claims, damages, costs and expenses whatsoever arising in connection therewith.
26
Valuable Goods
Except under special arrangements previously made in writing and accepted by the Companies, the Companies will not accept or deal with bullion, coins and precious stones, jewellery, valuables, antiques, pictures, human remains, livestock or plants.
27
Payment Terms
All sums shall be paid to the Companies in cash immediately when due without deduction and payment shall not be withheld or deferred on account of any claim, counterclaim, or set off. Unless otherwise agreed in writing, all transactions are conducted on a cash pre-paid basis. Credit will only be extended upon stipulated conditions, which may include the provision of a bank guarantee. The Companies reserve the right to charge interest on any sums which remain unpaid 30 days or more after they are due, at the rate of 25% per annum, calculated on a daily basis.
28
Lien
(i) The Companies shall have a particular and general lien and right of detention on all goods (and documents relating to goods) for all sums due at any time in respect of such goods, or for any particular or general balance or other monies due from the Customer.
(ii) If any such money or costs due to the Companies are not paid within one calendar month after notice has been given that such goods are being detained, they may be sold or disposed of by auction or otherwise at the sole discretion of the Companies and the net proceeds may be applied in or towards satisfaction of such indebtedness.
29
Indemnity
The Customer undertakes that no claims shall be made against any Director, servant or employee of the Companies which imposes or attempts to impose upon them any liability in connection with any services which are the subject of these conditions. The Customer also undertakes to indemnify the Companies against all liabilities, loss, damage, costs and expenses whatsoever suffered or incurred by the Companies arising directly or indirectly from or in connection with the Customer's instructions or their implementation or the goods.
30
Precedence of These Conditions
The use of the Customer's form shall not derogate from these Conditions. These Conditions shall prevail over any terms or conditions contained in the Customer's order, acceptance or other communication, unless the Customer has notified the Companies specifically in writing of any proposed variation and such variation has been agreed specifically in writing by a Director of the Companies.
31
Governing Law
These conditions and all agreements between the Companies and its Customers shall be governed by and construed in accordance with English law. Any dispute arising out of or in connection with these conditions or any such agreements shall be referred to the exclusive jurisdiction of the English Courts.
32
General Average
When liability for General Average arises in connection with the goods, the Customer shall promptly provide security, or procure that security is provided, to the Companies or to any other party designated by them, in a form and for an amount acceptable to them.
33
Credit Terms
(i) Unless credit is extended, all transactions are conducted on a cash pre-paid basis. Credit will only be extended upon stipulated conditions, which may include the furnishing of a bank guarantee in a form and for an amount acceptable to the Principal of the Companies.
(ii) If credit is extended, all sums due shall be paid within 30 days of the date of invoice (or such other period as may be specifically stipulated) without deduction, and all overdue accounts shall bear interest at the rate of 25% per annum from such date until payment. The interest rate is inclusive of the Bank of England rate at the date/time of issue.
Questions About These Terms?
If you have any questions about these Standard Conditions of Trading, please contact us: