Terms & Conditions
The Customer’s attention is drawn to specific clauses herein which exclude or limit the Company’s liability, to those which require the Customer to Indemnify the Company in certain circumstances, to those which limit time and to those which deal with conditions of issuing effective goods insurance being clauses 3(G), 3(J) - 3(R) inclusive, 4(E) – 4(G) inclusive, and 5(B) - 5(G) inclusive. All headings are indicative and do not form part of these conditions
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1.DEFINITIONS
In these conditions the following words shall have the following meanings: -
Company PANALECO FREIGHT & TRADE LTD
“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
“Goods” the cargo to which any business under these conditions relates
“Person” natural person(s) or any corporate body or bodies
“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
“GDPR” General Data Protection Regulation was implemented on 25th May 2018 and relates to all personal information that can identify an individual
2.APPLICATIONS
A. Subject to clause 2(B) below, all and any activities of the Company in the course of business, whether gratuitous or not, are undertaken subject to these conditions.
B. If any legislation, regulations or directives, are compulsorily applicable to any business undertaken by the Company, then these legislations, regulations or directives shall, with regards to any business activities affected, be automatically applied and adhered to. Nothing in these Terms and 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 any such legislation, regulations or directives. Should any part of these conditions be incompatible to any such legislation, regulation or directive to any extent, such part shall as regards to any related business activities be overridden to that extent and no further.
C. The Customer warrants that he is either the Owner or the authorized 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.
3.THE COMPANY
A. Subject to clauses 3(L) – 3(P) inclusively below, the Company shall be entitled to procure any or all of the services as an agent, or provide those services as a principal.
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.
C. When the Company enters a contract 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.
D. When the Company acts as an agent on behalf of the Customer, the Company shall be entitled, and the Customer hereby expressly authorizes 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.
E. The Company shall, on demand by the Customer, provide evidence of any contract entered into as an 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.
F. In all and any dealings with the Tax Office for and on behalf of the Customer and / or the Owner, the Company is deemed to be appointed, and acts as, Direct Representative only.
G. Subject to clause 3(H) 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, with 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.
H. When the Goods are liable to perish or to deteriorate, the Company's right to sell or dispose of or deal with the Goods shall become effective 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.
I. 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.
J. 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, Consignee or Owner. Whereupon the Company’s liability in respect of the Goods, or that part thereof, stored as aforementioned, 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 of the Customer, Consignee or Owner to take delivery shall be deemed as freight earned, and such costs shall, upon demand, be paid by the Customer.
K. 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 written notice to the Customer, or (where the Customer cannot be traced and reasonably effort has 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 there is an immediate probability 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.
L. No insurance will be effected, except upon express instructions given in writing by the Customer and accepted in writing by the Company. All insurances implemented 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.
M. Insofar as the Company agrees to implement insurance, the Company acts solely as agent for the Customer, and the limits of liability under clause 6(B ii) of these conditions shall not apply to the Company’s obligations under clause L.
N. Except under special arrangements previously made in writing by an authorized representative of the company, 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.
O. 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.
P. The Company shall not be under any liability in respect of such arrangements as are referred to under clause (N) and (O) 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 6 (b.ii) of these conditions.
Q. 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.
R. Without a prior written agreement by an authorized representative of the Company, the Company will not accept or deal with any Goods that require special handling with regards to carriage, handling, or security whether relating to the attractive nature with regards to theft or otherwise including, but not limited to, bullion, coin, precious stones, jewellery, valuables, antiques, pictures, human remains, livestock, pets or plants. Should any Customer nevertheless deliver any such goods to the Company, or cause the Company to handle or deal with any such goods, other than under such prior written agreement, the Company shall have no liability whatsoever for or in connection with the goods, howsoever arising.
S. Except pursuant to instructions previously received in writing and accepted in writing by the Company, the Company will not acce
In these conditions the following words shall have the following meanings: -
Company PANALECO FREIGHT & TRADE LTD
“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
“Goods” the cargo to which any business under these conditions relates
“Person” natural person(s) or any corporate body or bodies
“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
“GDPR” General Data Protection Regulation was implemented on 25th May 2018 and relates to all personal information that can identify an individual
2.APPLICATIONS
A. Subject to clause 2(B) below, all and any activities of the Company in the course of business, whether gratuitous or not, are undertaken subject to these conditions.
B. If any legislation, regulations or directives, are compulsorily applicable to any business undertaken by the Company, then these legislations, regulations or directives shall, with regards to any business activities affected, be automatically applied and adhered to. Nothing in these Terms and 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 any such legislation, regulations or directives. Should any part of these conditions be incompatible to any such legislation, regulation or directive to any extent, such part shall as regards to any related business activities be overridden to that extent and no further.
C. The Customer warrants that he is either the Owner or the authorized 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.
3.THE COMPANY
A. Subject to clauses 3(L) – 3(P) inclusively below, the Company shall be entitled to procure any or all of the services as an agent, or provide those services as a principal.
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.
C. When the Company enters a contract 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.
D. When the Company acts as an agent on behalf of the Customer, the Company shall be entitled, and the Customer hereby expressly authorizes 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.
E. The Company shall, on demand by the Customer, provide evidence of any contract entered into as an 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.
F. In all and any dealings with the Tax Office for and on behalf of the Customer and / or the Owner, the Company is deemed to be appointed, and acts as, Direct Representative only.
G. Subject to clause 3(H) 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, with 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.
H. When the Goods are liable to perish or to deteriorate, the Company's right to sell or dispose of or deal with the Goods shall become effective 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.
I. 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.
J. 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, Consignee or Owner. Whereupon the Company’s liability in respect of the Goods, or that part thereof, stored as aforementioned, 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 of the Customer, Consignee or Owner to take delivery shall be deemed as freight earned, and such costs shall, upon demand, be paid by the Customer.
K. 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 written notice to the Customer, or (where the Customer cannot be traced and reasonably effort has 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 there is an immediate probability 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.
L. No insurance will be effected, except upon express instructions given in writing by the Customer and accepted in writing by the Company. All insurances implemented 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.
M. Insofar as the Company agrees to implement insurance, the Company acts solely as agent for the Customer, and the limits of liability under clause 6(B ii) of these conditions shall not apply to the Company’s obligations under clause L.
N. Except under special arrangements previously made in writing by an authorized representative of the company, 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.
O. 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.
P. The Company shall not be under any liability in respect of such arrangements as are referred to under clause (N) and (O) 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 6 (b.ii) of these conditions.
Q. 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.
R. Without a prior written agreement by an authorized representative of the Company, the Company will not accept or deal with any Goods that require special handling with regards to carriage, handling, or security whether relating to the attractive nature with regards to theft or otherwise including, but not limited to, bullion, coin, precious stones, jewellery, valuables, antiques, pictures, human remains, livestock, pets or plants. Should any Customer nevertheless deliver any such goods to the Company, or cause the Company to handle or deal with any such goods, other than under such prior written agreement, the Company shall have no liability whatsoever for or in connection with the goods, howsoever arising.
S. Except pursuant to instructions previously received in writing and accepted in writing by the Company, the Company will not acce