Transportation Terms and Conditions
TERMS AND CONDITIONS OF TRANSPORT SERVICES
(Please Read Carefully)
All shipments/transport to or from the Customer, which term shall include the exporter, importer, sender, receiver, owner, consignor, consignee, transferor or transferee of the shipment/transport, will be handled by ARP Transport Ltd herein called the "Company" on the following terms and conditions:
1. * Services by Third Parties. The Company assumes no liability as a carrier and is not to be held responsible for any loss, damage, expense or delay to the goods to be forwarded or imported except as provided in paragraph 8 and subject to the limitations of paragraph 9 below, but undertakes only to use reasonable care in the section of carriers, truck men, lighter men, forwarders, custom brokers, agents, warehousemen, and other to whom it may entrust the goods for transportation, cartage, handling and/or delivery and/or storage or otherwise. When the company carries, stores or otherwise physically handles the shipment/transport, it does subject to the limitation of liability set forth in paragraph 8 below unless a separate bill of landing, air waybill or other contract of carriage is issued by the company, in which event terms thereof shall govern.
2. *Liability Limitations of Third Parties. The Company is authorized to select and engage carriers, truck men, lighter men, forwarders, custom brokers, agents, warehousemen and others, as required, to transport, store, deal with and deliver goods, all of whom shall be considered as agents of the Customer, and the goods may be entrusted to such agencies subject to all conditions as to limitation of liability for loss, damage, expense or delay and to all rules, regulations, requirements and conditions, whether printed, written or stamped, appearing in bills of landing, receipts or tariffs issued by such carriers, truck men, lighter men, forwarders, custom brokers, agents, warehousemen and others. The Company shall under no circumstance be liable for any loss, damage, expense or delay to the goods for any reason whatsoever when said goods are in custody, possession or control of third parties selected by the Company to forward, enter and clear, transport or render other services with respect to such goods.
3. Choosing Routes or Agents. Unless express instructions in writing are received from the customer, the Company has complete freedom in choosing the means, route and procedure to be followed in the handling, transportation and delivery of the goods.
4. Quotations Not Binding. Quotations as to fees, rates of duty, freight charges, or other charges given by the Company to the Customer are for information purposes only and are subject to change if weight and or measurements have been incorrectly provided and or if more items have been presented for transport/handling than on original quote/price.
5. Duty to Furnish Information. On an export, the Customer shall furnish to the Company commercial invoice in proper form and number, a proper consular declaration, weights, measures, values and other information in the language of and as may be required by the laws and regulations of country of export and the country of destination of the goods. On an export the Company shall not in any way be responsible or liable for increased duty, penalty, fine or expenses. The Customer shall furnish to the Company commercial invoice in proper form and other documents necessary or useful in the preparation for customs, also, such further information as may be sufficient to establish, inter alia, the dutiable value, the classification, the country of origin, the genuineness of the merchandise and any mark or symbol associated with it. If the Customer fails in a timely manner to furnish such information or documents, in whole or in part, as may be required to complete, if the information or documents furnished are inaccurate or incomplete, the Company shall be obligated only to use its best judgment in connection with the shipment and in no instance shall be charged with knowledge by the Customer of the true circumstances to which such inaccurate, incomplete, or omitted information or document pertains.
6. Declaring Higher Valuation. Inasmuch as truckers, carriers, warehousemen and others to whom the goods are entrusted limit their liability for loss or damage unless a higher value is declared and a charge based on such higher value is agreed to by said truckers, etc., the Company must receive specific written instructions from the Customer to pay such higher charge based on valuation and the trucker, etc. Trucker must accept such higher declared value; otherwise the valuation placed by the Customer on the goods shall be considered solely for transport, export or customs purposes and the goods will be delivered by the truckers, subject to the limitation of liability set forth herein in paragraphs 8/9 below with respect to any claim against the Company.
7. Insurance. The Company will make reasonable efforts to effect marine, fire, theft and loss upon the goods only after specific written instructions have been received by the Company in sufficient time prior to shipment from point of origin, and the Customer at the same time states specifically the kind and amount of insurance to be placed. The Company does not undertake or warrant that such insurance can or will be placed. Insurance will be held for marine, fire, theft and loss only. The Company will not be liable for any damage of items.
8. Limitation of Liability for Loss, etc. The Customer agrees that the Company shall only be liable for any loss, theft, or fire to the goods, such liability shall be limited to an amount equal to the lesser of fifty pounds (£50.00) per entry or shipment or the fee(s) charged for services, provided that, in the case of partial loss, such amount will be adjusted, pro rata; In instances other than above, unless the Customer makes specific written arrangements with the Company to pay special charges and declare a higher value and Company agrees in writing, liability is limited to the amount set forth in above paragraph. Customer agrees that the Company shall, in no event, be liable for consequential, punitive, statutory or special damages in excess of the monetary limit provided for above.
9. Presenting Claims. Company shall not be liable under paragraph 8 for any claims not presented to it in writing within 48 hours of either the date of loss or incident giving rise to the claim; no suit to recover for any claim or demand here under shall be maintained against the Company. Customer will be presented with a commercial delivery note, CRM, if at any point the customer feels there is negligence, the customer must state the details on the invoice/CRM and notify the Company immediately for assessment. If no notification is presented and the customer has signed the invoice/CRM the Company cannot be held liable for any claim/loss/damage/expense hereafter.
10. Goods in Transit. All goods, possessions entrusted to the Company by the Customer must be packed securely and safely for transport. The company offers a transport service only and will do all necessary checks to ensure all goods placed on the vehicles are transport ready, however the Company is not a removal company thereby if the customer requests support with loading/unloading/cratering/warehousing, a special quote will be agreed by the customer and company, if the trucker/warehouse men/cares of the goods and others agree to the terms, the customer cannot hold the company nor the members of staff liable for any damage of items upon loading/unloading and or handling. All goods must be packed safely and securely by the customer.