Terms and Conditions
These conditions explain the rights, obligations, and responsibilities of all parties to this Agreement. Where we use the word ‘You’ or ‘Your’ it means the Customer.
‘We’, ‘Us’ or ‘Our’ means the “Company”. The “Company” being ImportMyVehicle.com Ltd, Unit 20 Tanners Drive, Milton Keynes, MK14 5BN registered in the UK at Companies House Reg: 5711750 and VAT Reg: 876 0794 79. Our trading names are “ShipMyCar” or “ShipMyCar.co.uk”
“Our premises” or “Our workshop” means our premises at Unit 20 Tanners Drive, Blakelands, Tanners Drive, Milton Keynes, MK14 5BN
These terms and conditions can be varied or amended subject to prior written agreement.
We limit or exclude our liability for loss and damage. We are able to arrange insurance for your benefit upon request. This insurance will be separate from this contract and subject to the terms and conditions of the policy. Unless otherwise stated, any claim is subject to a £450 excess
Please take particular note of section 14(1) which states we hold no liability for any costs associated with delays outside of our control
- Our Estimates / Quotations
- Our quotation, unless otherwise stated, does not include insurance, cancellation/postponement waivers, customs duties, inspections, or any fees, or taxes payable to government bodies or agencies
- Our quotation is valid for thirty days from the date of issue. Unless already included in our quotation, additional charges will apply in the following circumstances:
- If the work does not commence within thirty days of acceptance
- If payment is made by credit card, CHAPS or international wire transfer as per clause 3(c)
- If the vehicle being shipped is modified or different to that we have mentioned in the quote including those not complying with the DVLA’s Guidelines for Radically Altered Vehicles (https://www.gov.uk/vehicle-registration/radically-altered-vehicles)
- If the vehicle does not fit in a container due to additional modifications e.g. wider arches, or parts in the vehicle
- If parts in the vehicle have not been fully disclosed to us in writing prior to accepting the quotation
- If any additional parts shipped separate to vehicle have to be exported from country of origin separately due to container loading restrictions, timing issues e.g. arriving at port later than rest of consignment
- Any customs charges, port charges, storage charges or shipping costs due to additional items shipped that do not fit in the vehicle. Destination charges and customs fees may be applied to the additional items that we hold no liability for
- Difficulty in collection of vehicle e.g. if we are not informed it is a non-runner, if vehicle parked in location difficult to access, if vehicle not available for collection at time/date agreed,
- Any additional Roll-on-Roll-off shipment charges for example if vehicle becomes a non-runner prior to loading or is oversized from standard
- Our costs change because of currency fluctuations, changes in taxation, freight, fuel, ferry or toll charges beyond our control, additional port charges e.g. X-Ray, fumigation, customs holding back vehicle/container from being loaded or changes in road fund tax.
- Any fuel needed in order to move the vehicle or for testing purposes including full tank being required for any testing requirements
- Removal of window tints are chargeable or illegal additions such as police radar jammers
- Erroneous automatic quotation provided by our online systems
- Cost of homologation and testing if you decide at a later date for us to register your vehicle in the UK
- Additional marine insurance added due to other vehicles being shipped without stating the additional vehicle clearly in writing to us prior to accepting quotation e.g. quad, scooter or motorbike in vehicle
- UK port storage charges caused by delays in unloading, port handling or customs clearance
- Storage charges at our facility if vehicle is ready to collect but left beyond 7 days. Charges outlined in 9(5)
- Changes to road fund tax charges as per clause 11(2)
- Vehicle Inspections
- We strongly recommend anybody purchasing a car to have a full mechanical check carried out on the vehicle
- Any vehicle inspection your purchase through us is deemed to be a basic road test and photographic evidence based inspection. It is not a full mechanical check unless clearly stated in writing that we have arranged this as a special additional service
- We will not be held liable for any defects missed in a vehicle inspection
- Vehicle inspections do not include checking of paperwork, we hold no liability for title/registration issues to do with foreign registration or implications of title issues on UK arrival e.g. testing, registration, import duty/VAT
- We will not be held liable for any mechanical defects discovered at any stage in the process on your vehicle
- We act on your behalf to organise vehicle inspections, any we do so on your behalf are subject to the terms and conditions set out by the inspection provider.
- We advise levels be checked and anti-freeze added prior to collection, we hold no liability caused by low fluid, oil or anti-freeze in the vehicle
- We strongly advise to ensure the vehicle is not ‘Radically Altered’ from the original build, e.g. a vehicle on an original title but has modified chassis, engine, brakes etc may incur additional taxes, testing and registration costs – more information on the DVLA Radically Altered Vehicle Rules can be found here: https://www.gov.uk/vehicle-registration/radically-altered-vehicles
- All pricing on our quotation is in pounds sterling and is inclusive of UK Value Added Tax
- We take between 75%-100% upfront depending on the service you have booked with us and the remainder prior to collection or delivery of your vehicle
- Any international or CHAPS fees to be added to your transfer
- Late payments are subject to us withholding your vehicle and/or storage charges imposed
- Collection of Vehicle
- Where we engage an international transport operator convey your goods to the place, port or airport of destination, we do so on your behalf and subject to the terms and conditions set out by that carrier.
- We hold no liability for any associated costs with any delays in collecting the vehicle e.g. storage charges, hire car costs, auction house costs
- We hold no liability for any mechanical checks or defects not noted at collection
- We hold no liability for any damage to vehicle interiors
- We hold no liability for any parts shipped within the vehicle
- We do not insure or hold any liability for any items collected by the transport operator unless specifically set up in writing prior to collection taking place
- We advise any original documents are mailed to our associated agents rather than handed to the driver
- We hold no liability for missing keys or documents handed to any transport operators
- We reserve the right to increase our quote or estimate if the vehicle is a non-runner and we have not been previously advised of this in writing
- Collection will be by open transport unless specifically quoted upfront or in writing
- We hold no liability for damage, theft or dirtying caused by weather if open transportation has been used if we were not implicitly instructed to use enclosed transport in writing prior to collection
- If enclosed transport is booked and an open transporter arrives to collect vehicle, we do not hold any liability as per clause 4(k) if we are not given the opportunity to cancel the open transporter and send enclosed.
- We do not hold any liability for any damage, mechanical defect, lien, title / registration missing, incorrect or non-expected date on title / registration or legal status of the vehicle that is already on the vehicle prior to shipping.
- Loading and Customs Clearance
- Your vehicle will be loaded by operatives that we instruct to do so on your behalf and so subject to the terms and conditions set out by them.
- We do not hold any liability for damage caused by poor lashing / strapping / loading.
- We reserve the right to increase or costs if vehicle is not as described, not in original state or condition and / or different to as be expected for a vehicle of that year/make/model
- We hold no liability for vehicles with excessive rot or damage caused by strapping to parts of the car which should reasonably be able to withhold a strap
- Vehicles in shared container may be loaded using industry standard fork lift attachments, we do not hold any liability for damage caused by these machines
- Containers with infestation will need to be fumigated at destination ports and these costs will be automatically added to your quotation as per 1(b)(vii)
- We do not hold any liability for illegal substances being shipped in the vehicle
- We do not hold any liability for items which must be secured, loaded or shipped separately if they do not fit within the vehicle. Additional securing, shipping and customs charges are likely to apply
- Sometimes customs will stop a vehicle / container being loaded and it has to be delivered back to quayside and subsequent storage applies, we do not hold any liability for these charges and will add them to our quote as per clause 1(b)(vii)
- Without a valid original title your car will not be able to be exported (unless it is a race car and we are provided with notarised bill of sale). Storage charges are applied at many foreign ports if original documents are not received within 14 days
- We do not hold any liability for ensuring your title gets to our offices in country of export
- Shipping (also covered in below section of BIFA Trading Conditions)
- All Business is transacted in accordance with the Standard Trading Conditions (Current Edition) of the British International Freight Association, a copy of which is below.
- We do not hold any liability for items put in the car that are not clearly notified to us in writing prior to collection as personal effect shipments.
- We make all reasonable judgement as an experienced vehicle shipper to use only quality shipping providers in terms of loading, shipping and unloading vehicles, we do so on your behalf and subject to the terms and conditions set out by that shipper
- Other than as a result of our negligence or breach of contract we will not be liable for any loss, damage or failure to produce the goods as a result of:
- Normal wear and tear, natural or gradual deterioration, leakage or evaporation or from perishable or unstable goods
- Damage caused to the vehicle by items shipped within the vehicle
- Moth or vermin or similar infestation
- For any goods which have a pre-existing defect or are inherently defective
- Unloading, Destination Port and Destination Customs
- If your vehicle is not unloaded at our premises, by our staff, we will use an agent appointed on your behalf and subject to the terms and conditions set out by that agent
- If you are collecting your vehicle from port, vehicle must be left at port or any damage must be made aware to us within 24 hours in order to be able to claim on insurance
- If you are collecting the vehicle from port and / or not having IVA/MOT/SVA modifications and DVLA registration carried out by us then the marine insurance policy that has been arranged on your behalf is subject to a £450 excess which is payable should any damage occur.
- The ports charge a daily storage of £10-£20 per day, this is chargeable following 7 days of the container being unloaded. We will not be liable for any storage charges caused by delays in container movement or customs clearance outside of our control.
- We hold no liability for UK import duties – any values we give you prior to UK customs clearance are only estimations and may fluctuate from the actual payments asked for by customs.
- X-Ray or customs inspections are charged to the customer at cost.
- We hold no liability if your vehicle is refused entry into the UK.
- It is your responsibility to ensure dates on documents handed to customs including entry forms, proof of age etc are correct, we hold no liability for additional taxes, charges, duty etc due to any dates on these paperworks
- Removing vehicle from UK port and/or any of our warehouses without informing us of any issues within 24 hours implies that you are happy with the vehicle condition, both mechanically and physically and no further claims can be made.
- Transport to our workshop
- Transport to our workshop will be arranged by us for you with a suitable transport provider we do so on your behalf and subject to the terms and conditions set out by that shipper
- We hold no liability for damage caused by transport arranged with a third party
- Any damage caused by a third party provider we can arrange for repair under their insurance policy
- Vehicle in Our Workshop and Services Provided
- Your vehicle will be worked on for UK homologation, upgrades and repairs in our workshop
- Once work has started you will be informed immediately of any additional work identified. A new quotation will be produced on request and work will only be carried out with your agreement
- We will not be held liable for any damage caused by parts that you have supplied for us to fit
- If any work requires wheels to be removed we will re-torque the wheel nuts correctly but strongly advise you recheck them within 25 miles of driving from our workshop
- Wherever possible we use OEM or OEM quality parts, if due to the age or rarity of the vehicle parts have to be sourced elsewhere we will let you know
- Under normal conditions, no storage charges will be applied whilst vehicle is at our premises or workshop, however, storage charges will be payable to us in relation to any abandoned vehicles or vehicles not collected from us for a period of 7 days following completion of the work undertaken by us without express permission given by us in writing. This point is usually once your vehicle is registered with the DVLA. For vehicles left longer than 7 days following DVLA or our services being complete we charge £10 + VAT per day per vehicle
- We do no hold any liability for any perceived or actual reduction in market value of your vehicle due to the modifications made as part of our service for importing, testing or registration.
- Modifications & Testing
- Your vehicle may have to undergo testing prior to registration depending on the age of the vehicle
- We hold no liability for any testing required not originally quoted for due to the age of the vehicle increasing prior to DVLA registration
- We hold no liability for your vehicle not being able to obtain conformity testing, e.g. imported from another right hand drive market without you previously owning the vehicle or it not meeting required directives for testing
- Window tints are illegal in the UK on driver and passenger windows, for IVA testing these will be removed and one hour labour added to your quotation
- If your lights are not able to be adjusted or do not comply with UK specification they will have to be replaced with new units suitable for the UK and cost added to your invoice. We will let you know prior to having to order any lights.
- If any part on your vehicle requires a custom build such as a Speedometer that is not a usual shape and fitment, we will provide an additional quote for the parts and labour
- Your vehicle may have to be driven to the test centre, this is roughly a 40 mile round trip. If you wish for us to organise transport instead this must be made in writing to us within 14 days of test date given
- Fuel is charged at cost when required for any IVA / MOT testing
- We hold no liability for retest fees for test failure outside of our reasonable control, e.g. emissions, exhaust noise, delays outside of our control, late delivery of vehicle to us without at least 48 hours’ notice
- We reserve the right to increase any accepted quote due to price increase caused by introduction of new rulings for IVA test
- If your vehicle does not pass an IVA test due to modifications that were not made clear to us we will have to charge extra to have the car pass the IVA test.
- Sometimes the DVSA find issues with the car making it un-safe to drive and ban the vehicle from the road, we therefore have to have the vehicle recovered back to our workshop. We will charge the recovery to final invoice at cost price that we are charged
- Full modifications for UK Homologation include all necessary modifications for lighting systems only. Examples of modifications that may incur extra costs are and are not limited to, installation of hand brake, installation of windscreen wipers etc
- Our Light Control Module where installed has a one year warranty from date of installation, should a fault develop by reason of defective components, workmanship or design within the warranty period, we will, on return of the module repair or replace the module free of charge
- We hold no obligation to honour warranty if the light control module, or any lighting component / electrical system within the vehicle has been tampered with, modified or repaired or has otherwise been subject to misuse or accident
- Should any issue arise with lighting modifications please ensure you contact us in first instance, we hold no liability for diagnostic charges, attempted repair charges or any subsequent costs of third party garages attempting repair to IVA/MOT lighting modifications if we have not first had the opportunity to see the vehicle or have the quick-release light control module returned for investigation
- If your vehicle fails an IVA test due to HID headlights or LED rear lights we will have to charge you extra for replacement units.
- If we are unable to carry out our modifications and testing part of your service we are unable to honour any special offers associated with our full import package
- If your vehicle fails an MOT test we will quote you for extra work needed to pass the test. An MOT certificate doesn’t prove that a car is roadworthy. The MOT only shows that a car met certain structural and safety checks on the day the test was carried out.
- We hold no responsibility for future MOT failures or fines due to vehicle being returned to an IVA failing condition.
- Pre-1960 vehicle no longer need an MOT however we put them through a voluntary, non-recorded MOT in order to check basic items are in MOT satisfactory condition prior to us being willing to register the vehicle
- Road fund tax charges are always quoted at cost by the DVLA, we hold no liability for road tax charges imposed by the DVLA in terms of them increasing or incorrectly quoting for your particular vehicle / emission levels / situation
- We hold no liability for costs associated with delays caused by the DVLA registration process e.g. car hire
- We hold no liability for errors made by the DVLA on your V5 e.g. wrong name, make / model being printed
- Any issues with the V5 provided for by the DVLA must be rectified by you as the new owner of the vehicle directly with the DVLA, we will of course be willing and happy to assist with this.
- Once vehicle is registered and ready for collection storage charges become applicable if vehicle is not collected from our facility within 7 days (see 9(5))
- If for any reason our service is cancelled the following fees apply:
- Cancelled before shipping/transportation arranged: Full refund
- Cancelled after shipping/transportation arranged: 50% refund
- Cancelled after vehicle has been booked for departure: No refund
- Cancellation after any IVA/SVA/MOT work will require full payment of import service
- For event transportation we require 14 days’ notice prior to event start of notice of cancellation for our services otherwise no refund can be given
- We offer no refunds due to delays outside of our control
- If for any reason our service is cancelled the following fees apply:
- Additional Services and Offers
- Offers are for retail customers only
- Only one monthly special offer incentive per customer on the first car imported with us using our instant quote system
- Special offers are only applicable on our full service import packages which include UK modifications & testing
- No warranty or guarantee is given on special offer items
- General Timescales and Additions
- We do not guarantee any delivery times – we work as hard as we can to have your vehicle in the UK as soon as possible – we cannot control certain factors such as the weather, customs, VOSA etc and so do not hold any liability for delays nor any costs associated with any delays, for example hire car costs, missed events/holidays/shows due to delay of vehicle.
- We shall not be liable for delays or failures to provide the services under this agreement as a result of war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion and/or military coup, Act of God, adverse weather, third party industrial action, re-scheduled sailing, departure or arrival times, port congestion, or other such events outside our reasonable control.
- Any complaint with respect to any services carried out by us must be restricted to communications with us only. We will not be liable for resolving any mistakes, issues or problems unless all correspondence remains with us.
- We hold no liability for not being able to insure you on the imported vehicle. We are not an insurance broker and are in no way associated with any insurance taken out on the vehicle.
- We will only ever be held liable to any claim with a maximum claim amount of the value of our quotation you have accepted
- No employee of ours shall be separately liable to you for any loss, damage, mis- delivery, errors or omissions under the terms of this Agreement.
Standard Trading Conditions (Current Edition) of the British International Freight Association
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 AND THOSE WHICH DEAL
WITH CONDITIONS OF ISSUING EFFECTIVE GOODS INSURANCE BEING CLAUSES 8, 10, 11(A) and 11(B)
12-14 INCLUSIVE, 18-20 INCLUSIVE, AND 24-27 INCLUSIVE
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:-
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.
(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
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.
(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
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.
(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.
(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.
(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
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.
(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.
(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.
(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).
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
(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.
(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
(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:-
(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
(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
(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
(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.
(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:-
(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
(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
(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.
(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.
(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.
(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
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.
(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.
JURISDICTION AND LAW
28 These conditions and any act or contract to which they apply shall be governed by English law and
any dispute arising out of any act or contract to which these Conditions apply shall be subject to the
exclusive jurisdiction of the English courts.