Terms & Conditions
BRITISH INTERNATIONAL FREIGHT ASSOCIATION (BIFA) STANDARD TRADING CONDITIONS 2005 EDITION, © BIFA 2004 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” A&S TRADING AGENCY LTD. trading under these conditions. “Consignee” the Person to whom the goods are consigned. “Customer” any Person at whose request or on whose behalf the Company undertakes any business or provides advice, information or services. “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. “Goods” the cargo to which any business under these conditions relates “Person” natural person(s) or anybody or bodies corporate. “SDR” are Special Drawing Rights as defined by the International Monetary Fund. “Transport Unit” packing case, pallets, container, trailer, tanker, or any other device used 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. 2(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.
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. 4(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. 6(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.
8(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.
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.
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.
10(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.
11(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.
12(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.
12(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.
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(A) The Customer warrants:
(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
17(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.
17(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
17 (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:-
20(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
20(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
20(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
20(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.
21(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. 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:-
24(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
24(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, whichever
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.
26(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.
26(C) Save in respect of such loss or damage as is referred to at
sub-clause (B), and subject to clause 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.
26(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.
27(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
28(A) We will not be held liable for delays caused by the airline or
shipping line as we only act as agent only.
28(B) Time frame is only estimated ,could change with or without notice,
we would notify customer once this happens