ANGLO-POL EUROPEAN TRANSPORT LTD TRADING CONDITIONS
1. All and any business undertaken, including advice, information or service provided, whether gratuitously or not, by Anglo-Pol European Transport Ltd, hereinafter referred to as the Company, is transacted subject to the Conditions set out hereinafter. All other terms and conditions are hereby excluded.
Should the Customer (who is both the Sender and Payer) wish to contact the Company otherwise than subject to these Conditions, special arrangements can be made in writing and they must be signed by a Director of the Company. No agent or employee of the Company has the Company’s authority to waive or vary these Conditions.
Any advice and information in whatever form, 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 to any third party.
2. Anglo-Pol European Transport Ltd is a Road Freight Forwarding company and as such, shall be entitled to procure all of its services as an agent, or, to provide those services as a principal.
3. The Company shall be entitled to enter into contracts for the carriage of the goods by any route and by any means and for any services, by any persons at any places and for any length of time and to do such acts as may be necessary at the reasonable discretion of the Company.
4. The Company shall also be entitled to depart from the Customer’s instructions in any respect, if in the opinion of the Company it is necessary or desirable to do so in the Customer’s interest. The Customer expressly authorises the Company to do such acts and enter into such contracts in all respects, notwithstanding any departures from the Customer’s instructions aforesaid.
5. The Company shall be entitled to delegate the performance of any of its obligations to any other person, firm or company. The Customer will not seek to impose upon such a person, firm or company a liability greater than or additional to that accepted by the Company under these conditions.
6. The Company shall not be liable to the Customer or Owner for loss or damage arising from any non-compliance or incompliance with the Customer’s or Owner’s instructions or for any failure to perform whether wholly or in part their obligations (whether such obligations arise in contract or otherwise) unless the same is due to the negligence of the Company or its own servants.
7. Except under special arrangements previously made in writing, the Company will not accept or deal with any noxious, dangerous, hazardous, inflammable, explosive goods or any goods likely to cause damage. Should any Customer nevertheless cause the Company to handle or deal with any such goods otherwise that under special arrangements previously made in writing, they shall be liable for all loss or damage whatsoever caused by or in connection with the goods however arising, and shall indemnify the Company against all penalties, claims, damages, costs and expenses whatsoever arising in connection therewith, and the goods may be destroyed or otherwise dealt with at the sole discretion of the Company or any other person in whose custody they may be at any relevant time.
8. Except under special arrangements previously made in writing, the Company will not accept or deal with bullion, coins, Bank or Treasury Notes, precious stones, jewelry, valuables, antiques, pictures, works of art, livestock, plants or human remains. Should any Customer nevertheless cause the Company to handle or deal with any such goods otherwise than under special arrangements previously made in writing, the Company shall be under no liability whatsoever for or in connection with the goods, however caused.
9. The Company shall have general lien on all goods or documents relating to goods for all sums due at any time from the Customer or Owner, and shall be entitled to sell or dispose of such goods / documents at the expense of the Customer and apply the proceeds in or towards the payment of such sums on 28 days notice in writing to the Customer. Storage charges shall continue to accrue on any Goods detained under lien.
10. 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 Company is entitled to call upon such a person to take delivery thereof, the Company shall be entitled to store the goods or any part thereof at the sole risk of the Customer, whereupon the liability of the Company in respect of the goods or that part thereof stored as aforesaid shall wholly cease, and the cost of such storage shall forthwith upon demand be paid by the Customer to the Company. In any event the Company may at any time serve notice on the Customer and exercise its rights under Clause 9 hereof.
11. All sums due to the Company are payable immediately when due, by invoice or otherwise agreed. Payment shall be made in the form of a bank transfer without deduction and shall not be witheld or deferred on account of any claim, counterclaim or set-off. All customers are invited to apply for a credit facility after the first 3 prepaid jobs. Subject to approval of a Credit Application, the Company’s standard payment terms are 14 days from the date of invoice, unless otherwise specifically agreed in writing. The Late payment of Commercial Debts (Interest) Act 1988, as amended, shall apply to all sums due from the Customer.
12. The Company shall have the right to enforce any liability of the Customer under these Conditions or to recover any sums to be paid by the Customer under these Conditions not only against or from the Customer but also if it thinks fit against or from the Consignor and / or Owner.
13. In the case of cancellation of a Booking Confirmation within 24 hours from scheduled collection date or the shipment not being ready for collection for whatever reason, the Firm will charge the Customer the full agreed freight amount.
14. The Customer warrants that:
(a) they are either the Owner or the authorised agent of the Owner of the goods to which any business relates,
(b) they are authorised to accept and are accepting these Conditions not only for themselves but also as agent for and on behalf of the Owner of the goods and all other persons who are or may hereafter become interested in the goods (any such persons being herein called the Owner),
(c) the description and particulars of any consignments furnished by, or on behalf of, the Customer are full and accurate, the Goods have been properly packed and marked.
15. The Customer shall indemnify the Company against all duties, taxes, payments, fines, expenses, losses, damages (including physical damage) and liabilities in excess of the liability of the Company in the performance of its obligations under any contract to which these Conditions apply, including any liability to indemnify any other person against claims made against such other person by the Customer or by the Owner.
16. Where liability for General Average arises in connection with the Goods, the Customer shall promptly provide the Company or any other designated party with the security required in a form acceptable to the Company. The Customer shall keep the Company indemnified from and against any claims of any General Average nature, which may be made on the Company.
17. The Customer undertakes that no claim should me made against any officer or 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.
18. In no circumstances whatsoever shall the Company be liable to the Customer or Owner for consequential loss or loss of market, however caused.
19. In no case whatsoever shall any liability of the Company, however arising, exceed a sum equal to the amount of the Company’s charges in respect of the relevant transaction. By special agreement agreed in writing, the Company may accept liability in excess of the limits set out in this clause, upon the Customer agreeing to pay the Company’s additional charges for accepting such increased liability.
20. Any claim by the Customer or Owner against the Company arising in respect of any services 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 after the end of transit. Any claim not made and notified as aforesaid shall be deemed to be waived and absolutely barred.
21. In any case where it is known that the loss or damage to the goods occurred between the goods are taken over by the actual carrier and the time of delivery, the amount of the liability of the carrier in respect of such loss or damage shall be determined by the provisions contained in the CMR Convention, or if the CMR Convention’s regulations are not applicable, in the carrier’s liability insurance policy.
22. The Company shall be relieved of any liability for any loss or damage caused by any cause or event which the Company is unable to avoid by exercising reasonable diligence (including strikes, lock-outs, stoppages, etc.).
23. Cargo insurance
(a) any cargo insurance will be effected on receipt of the Customer’s written instructions and it must be confirmed by the Company in writing.
(b) the Company may, at its discretion, declare any insurance on its open / general policy held.
(c) while arranging the insurance the Company acts solely as an Agent for the Customer and any limits of liability under clause 19 of these Conditions shall not apply to the Company’s obligations under clause 23.
24. Jurisdiction and applicable law
These Conditions, and any act or contract to which they apply, shall be governed by English law and any dispute arising out of any such act or contract shall be under the jurisdiction of the English Courts.
The use of Client’s own forms is no derogation of these Conditions.