{"id":2673,"date":"2021-02-10T10:28:31","date_gmt":"2021-02-10T08:28:31","guid":{"rendered":"https:\/\/storage.kivotosmoving.com\/?page_id=2673"},"modified":"2021-04-20T12:10:30","modified_gmt":"2021-04-20T09:10:30","slug":"b-l-terms-conditions","status":"publish","type":"page","link":"https:\/\/storage.kivotosmoving.com\/el\/b-l-terms-conditions\/","title":{"rendered":"B\/L Terms &#038; Conditions"},"content":{"rendered":"<div data-elementor-type=\"wp-page\" data-elementor-id=\"2673\" class=\"elementor elementor-2673\">\n\t\t\t\t\t\t<section class=\"elementor-section elementor-top-section elementor-element elementor-element-b11cabf elementor-section-boxed elementor-section-height-default elementor-section-height-default\" data-id=\"b11cabf\" data-element_type=\"section\">\n\t\t\t\t\t\t<div class=\"elementor-container elementor-column-gap-default\">\n\t\t\t\t\t<div class=\"elementor-column elementor-col-100 elementor-top-column elementor-element elementor-element-2a2af73c\" data-id=\"2a2af73c\" data-element_type=\"column\">\n\t\t\t<div class=\"elementor-widget-wrap elementor-element-populated\">\n\t\t\t\t\t\t<div class=\"elementor-element elementor-element-4e42ae2a elementor-widget elementor-widget-text-editor\" data-id=\"4e42ae2a\" data-element_type=\"widget\" data-widget_type=\"text-editor.default\">\n\t\t\t\t<div class=\"elementor-widget-container\">\n\t\t\t\t\t\t\t\t\t<p><\/p>\n<p>TERMS WERE ADOPTED FROM THE CYPRUS FREIGHT FORWARDERS &amp; LOGISTICS<br \/>ASSOSIATIONS<br \/>The Customer\u2019s attention is drawn to the Clauses hereof which exclude or limit KIVOTOS SHIPPING &amp; LOGISTICS SERVICES LIMITED<br \/>(hereinafter referred to as, &#8220;the Company&#8221;) liability and those which require the Customer to indemnify the Company in certain<br \/>circumstances. Definitions<\/p>\n<p><\/p>\n<p><\/p>\n<ol>\n<li>In these Conditions:<br \/>&#8220;Company&#8221; trading under the Cyprus Freight forwarders and Logistics Association Terms and\u00a0 Conditions.<\/li>\n<li>&#8220;Conditions&#8221; means the entire undertakings, terms, conditions and clauses embodied herein.<br \/>&#8220;person&#8221; includes persons or any Body or Bodies Corporate.<br \/>&#8220;the Owner&#8221; means the owner of the goods (including any packaging, containers or equipment), to which<br \/>any business concluded under these Conditions relates and any other who is or may become interested in them.<br \/>&#8220;Customer&#8221; means any person at whose request or on whose behalf the Company undertakes any business, or provides<br \/>advice, information or services.<br \/>&#8220;instructions&#8221; means a statement of the Customer&#8217;s specific requirements.<br \/>Headings<\/li>\n<li>Headings of Clauses or groups of Clauses are for indicative purposes only.<br \/>Application<\/li>\n<li>(A) Subject to sub-paragraphs (B) and (C) below, all and any activities of the Company in the Course of Business whether<br \/>gratuitous or not are undertaken subject to these Conditions.<br \/>(B) if any legislation is compulsorily applicable to any business undertaken, these Conditions shall, as regards such<br \/>business, be read as subject to such legislation and nothing in these Conditions shall be construed as<br \/>a surrender by the Company of any of its rights or immunities or as an increase of any of its responsibilities<br \/>or liabilities under such legislation and if any part of these Conditions be repugnant to such legislation to any<br \/>extent such part shall as regards such business be overridden to that extent and no further.<br \/>(C) Subject to sub-clause (B) above the Company and the Customer may agree that in respect of all or any<br \/>part or parts of any contract for the movement of goods, the Company shall issue a FIATA Combined Transport Bill of<br \/>Lading (FBL) subject to the current Standard Conditions governing FIATA Combined Transport Bills of<br \/>Lading, provided that such document is issued subject to current ICC uniform rules for a combined transport document<br \/>and that this is printed on the face of the document. Where such a document is issued, the terms<br \/>and conditions embodied in it shall be paramount in governing the relationship between the Customer and<br \/>the Company insofar as those terms and conditions are inconsistent with or repugnant to these Conditions.<br \/>The Company\u2019s General Responsibilities<\/li>\n<li>(A) The Company shall perform its duties with a reasonable degree of care, diligence, skill and judgement.<br \/>(B) Subject to Clause 18 hereof the Company shall carry out its services within a reasonable time.<br \/>(C) Subject to these Conditions and in particular to the discretion reserved to the Company below the Company shall take<br \/>all reasonable steps to perform any of the Customer\u2019s instructions accepted by the Company.<br \/>(D) If at any stage in any transaction the Company should reasonably consider that there is good reason in<br \/>the Customer&#8217;s interests to depart from any of the Customer&#8217;s instructions the Company shall be permitted<br \/>to do so and shall not incur any additional liability in consequence of so doing.<br \/>(E) When using its discretion as permitted in these Conditions, the Company shall do so with due regard to<br \/>the interests of the Customer.<\/li>\n<li>If after a contract has been agreed events or circumstances come to the attention of the Company which in<br \/>the opinion of the Company make it wholly or in part impossible for the Company to fulfil its duties it shall take reasonable<br \/>steps to inform the Customer of such events or circumstances and seek further instructions.<br \/>The Customer&#8217;s Undertakings<\/li>\n<li>(A) The Customer shall be deemed to be competent and to have reasonable knowledge of matters affecting<br \/>the conduct of his business, including terms of sale and purchase and all other matters relating thereto.<br \/>(B) The Customer shall give sufficient and executable instructions, and the Company shall, within the limits of its duty of<br \/>care and diligence, inform the Customer if it considers that the Customer\u2019s instructions are insufficient or inexecutable.<\/li>\n<li>The Customer warrants that he is either the Owner or the authorised agent of the Owner and also that he is<br \/>accepting these Conditions not only for himself but also as agent for and on behalf of the Owner.<\/li>\n<li>In authorising the Customer to enter into any contract with the Company and\/or in accepting any document<br \/>issued by the Company in connection with such contract the Owner, sender and consignee accept these<br \/>Conditions for themselves and their agents and for any parties on whose behalf they or their agents may act; and in<br \/>particular, but without prejudice to the generality of this clause, they accept that the Company shall have the right to<br \/>enforce against them jointly and severally any liability of the Customer under these Conditions or<br \/>to recover from them any sums to be paid by the Customer which upon proper demand have not been paid.<\/li>\n<li>(A) The Customer shall indemnify the Company against all liability loss damage costs and expenses whatsoever arising<br \/>out of the Company acting in accordance with the Customer\u2019s instructions or arising from any breach by the Customer of<br \/>any warranty contained in these Conditions or from the negligence of the Customer.<br \/>(B) Without derogation from sub-clause (A) above, the Customer shall indemnity the Company against any<br \/>liability assumed or incurred by the Company when by reason of carrying out the Customer\u2019s instructions the Company<br \/>has reasonably become liable or may become liable to any other party.<\/li>\n<li>Except to the extent caused by any negligence on the part of the Company the Customer shall be liable for<br \/>and shall indemnify the Company in respect of all duties taxes imposts levies deposits and outlays of whatsoever nature<br \/>levied by any authority in relation to the goods and for all payments fines costs expenses loss or damage whatsoever<br \/>incurred or sustained by the Company in connection therewith.<\/li>\n<li>(A) The Customer undertakes that no claim shall be made against any Director, servant or employee of the<br \/>Company which imposes or attempts to impose upon them any liability in connection with any services which are the<br \/>subject of these Conditions and if any such claims should nevertheless be made, to indemnify the<br \/>Company against all consequences thereof.<br \/>(B) The Customer shall save harmless and keep the Company indemnified from and against all claims, costs and demands<br \/>whatsoever and by whomsoever made or preferred in excess of the liability of the Company<br \/>under the terms of these Conditions and without prejudice to the generality of this Clause this indemnity shall cover all<br \/>claims costs and demands arising from or in connection with the negligence or breach of duty of the Company its servants<br \/>subcontractors or agents.<br \/>(C) In this Clause &#8220;sub-contractor&#8221; includes direct and indirect sub-contractors and their respective servants<br \/>and agents and &#8220;agents&#8221; includes sub-agents and their respective servants or agents.<\/li>\n<li>The Customer warrants that the description and particulars of any goods furnished by or on behalf of the<br \/>Customer are full and accurate.<\/li>\n<li>(A) The Customer shall warn the Company if any goods which are the subject of any transaction to which these<br \/>Conditions apply are liable to taint or affect other goods: and the Customer shall indemnify the Company<br \/>against any liability, loss, damage, costs or expenses incurred by the Company as a consequence of the<br \/>Customer\u2019s failure to do so or his failure to do so in good time.<br \/>(B) Except where the Company has accepted instructions in respect of the preparation packaging stowage<br \/>labelling or making of the goods the Customer warrants that all goods have been properly and sufficiently<br \/>prepared, packed, stowed, labelled and\/or marked, and that the preparation packing stowage labelling and<br \/>marking are appropriate to any operations or transactions affecting the goods and the characteristics of the<br \/>goods.<br \/>(C) Where the goods are carried in or on containers, trailers, flats, tilts, railway wagons, tanks, igloos, or any<br \/>other unit load device specifically constructed for the carriage of goods by land, sea or air, (each hereafter<br \/>individually referred to as &#8220;transport unit&#8221;) then, save where the Company has accepted instructions as principal to load<br \/>the transport unit, the Customer warrants.<br \/>(i) that the transport unit has been properly and competently loaded;<br \/>(ii) that the goods are suitable for carriage in or on the transport unit; and<br \/>(iii) that the transport unit is in a suitable condition to carry the goods loaded therein (save to such extent as<br \/>the Company has approved the suitability of the transport unit).<\/li>\n<li>The Customer shall indemnify the Company in respect of any claims of a general average nature which may<br \/>be made on it and shall provide such security as may be required by the Company in this connection.<\/li>\n<li>The Customer agrees to make any claim against the Company in writing and without delay; in the event of<br \/>delay in presentation of a claim causing prejudice to the Customer or to the Company, the Company shall be relieved of all<br \/>and any liability in respect of such claim.<br \/>The Company\u2019s role<\/li>\n<li>(A) Subject to Clauses 21 and 23 below, in the absence of specific agreement between the Customer and the Company,<br \/>the Company shall be entitled to procure the carriage, storage, packing or handling of the goods<br \/>as an Agent subject to these Conditions or to provide any or all of its services as a principal contractor.<br \/>(B) The offer and acceptance of a fixed price for the accomplishment of any task shall not itself determine<br \/>whether such task is to be arranged by the Company acting as Agent or to be provided by the Company acting as a<br \/>contracting principal.<br \/>(C) When acting as an Agent, the Company does not make or purport to make any contract with the Customer for the<br \/>carriage, storage, packing or handling of any goods nor for any other physical service in relation to<br \/>them and acts solely on behalf of the Customer in securing services by establishing contracts with third parties so that<br \/>direct contractual relationships are established between the Customer and such third parties.<br \/>(D) The Company shall on demand by the Customer provide evidence of any contract entered into as Agent<br \/>for the Customer. In so far as the Company may be in default of this obligation it shall be deemed to have<br \/>contracted with the Customer as a principal for the performance of the Customer\u2019s instructions.<br \/>Company\u2019s General Conditions<\/li>\n<li>The Company shall be discharged of all liability whatsoever howsoever arising in respect of any service provided for the<br \/>Customer or which the Company has undertaken to provide unless suit be brought and written notice thereof given to the<br \/>Company within nine months from the date of any event or occurrence alleged to give rise to a cause of action against the<br \/>Company.<\/li>\n<li>Except under special arrangements previously made in writing the Company accepts no responsibility for<br \/>departure or arrival dates of goods.<\/li>\n<li>(A) If delivery of the goods or any part thereof is not taken by the Customer, Consignee or Owner, at the time and place<br \/>when and where the Company is entitled to call upon such person to take delivery thereof, the<br \/>Company shall be entitled to store the goods or any part thereof at the sole risk of the Customer, where upon the liability<br \/>of the Company in respect of the goods or that part thereof stored as aforesaid shall wholly cease and the cost of such<br \/>storage if paid for or payable by the Company or any Agent or subcontractor of the<br \/>Company shall forthwith upon demand be paid by the Customer to the Company.<br \/>(B) (i) The Company shall be entitled at the expense of the Customer to dispose of (by sale or otherwise as<br \/>may be reasonable in all circumstances).<br \/>(a) on a 21 days notice in writing to the Customer, or where the Customer cannot be traced and<br \/>reasonable efforts have been made to contact any parties who may reasonably be supposed by<br \/>the Company to have any interest in the goods, any goods which have been held by the Company<br \/>for 90 days and which cannot be delivered as instructed, and<br \/>(b) without prior notice, goods which have perished, deteriorated or altered or are in immediate prospect of doing so in<br \/>a manner which has caused or may reasonably be expected to cause loss or damage<br \/>to third parties or to contravene any applicable laws or regulations.<br \/>(ii) The Company shall give appropriate credit to the Customer for any balance arising out of the proceeds of sale of the<br \/>goods after deduction of the Company\u2019s costs of sale.<\/li>\n<li>Except insofar as may be required to comply with the Customer\u2019s instructions as regards documentation, or<br \/>except under special arrangements previously made in writing the Company shall not be obliged to arrange<br \/>for the goods to be carried, stored or handled separately from other goods.<\/li>\n<li>(A) No insurance will be affected except upon express instructions given in writing by the Customer and<br \/>all insurances affected by the Company are subject to the usual exceptions and conditions of the policies of<br \/>the insurance company or underwriters taking the risk. Unless otherwise agreed in writing the Company shall not be<br \/>under any obligation to effect a separate insurance on each consignment but may declare it on any<br \/>open or general policy held by the Company.<br \/>(B) Insofar as the Company agrees to arrange insurance, the Company acts solely as Agent for the Customer using its best<br \/>endeavours to arrange such insurance and does so subject to the limits of liability contained in Clause 37 hereof.<\/li>\n<li>Except in accordance with express instructions in writing previously received and accepted by the Company<br \/>the Company shall not be obliged to make any declaration for the purpose at any statute, convention or contract as to the<br \/>nature or value of any goods or as to any special interest in delivery.<\/li>\n<li>(A) Except under special arrangements previously made in writing or under the terms of a printed document<br \/>signed by the Company any instructions relating to the delivery or release of goods in specified circumstances<br \/>only, such as (but without prejudice to the generality of this clause) against payment or against surrender of<br \/>a particular document are accepted by the Company only as Agents for the Customer where third parties are engaged to<br \/>effect compliance with the instructions.<br \/>(B) The Company shall not be under any liability in respect of such arrangements as are referred to under<br \/>subclause (A) hereof save where such arrangements are made inwriting.<br \/>(C) In any event the Company\u2019s liability in respect of the performance or arranging the performance of such instructions<br \/>shall not exceed that provided for in these Conditions in respect of loss of or damage to goods.<\/li>\n<li>Advice and information in whatever form it may be given, is provided by the Company for the Customer only<br \/>and the Customer shall indemnity the Company against any liability, claims, loss, damage, costs or expenses arising out of<br \/>any other person relying upon such advice or information. Except under special arrangements previously made in writing,<br \/>advice and information which is not related to specific instructions accepted by the Company is provided gratuitously and<br \/>without liability.<\/li>\n<li>The defences and limits of liability provided for in these Conditions shall apply in any action against the Company<br \/>whatsoever, howsoever arising, whether the action be founded in contract tort or otherwise.<br \/>Company\u2019s Special Conditions relating to Particular Goods<\/li>\n<li>Except following instructions previously received in writing and accepted by the Company, the Company will<br \/>not accept or deal with goods of a dangerous or damaging nature, nor with goods likely to harbour or encourage vermin<br \/>or other pests. If such goods are accepted pursuant to special arrangement and then in the opinion<br \/>of the Company they constitute a risk: to other goods, propertly, life or health, the Company shall where<br \/>reasonably practicable contact the Customer but reserves the right at the expense of the Customer to remove or otherwise<br \/>deal with the goods.<\/li>\n<li>Should any Customer otherwise than under special arrangements previously made in writing as set in Clause 26 above<br \/>deliver to the Company or cause the Company to deal with or handle goods of a dangerous<br \/>or damaging nature, or goods likely to harbour or encourage vermin or other pests, he shall be liable for all<br \/>loss or damage arising in connection with such goods and shall indemnify the Company against all penalties, claims,<br \/>damages, costs and expenses whatsoever arising in connection therewith, and the goods may be dealt with in such<br \/>manner as the Company or any other person in whose custody they may be at any relevant time shall think fit.<\/li>\n<li>(A) Except under special arrangement previously made in writing the Company will not accept or deal with<br \/>bullion, coin, previous stones, jewellery, valuables, antiques, pictures, human remains, livestock or plants.<br \/>Should any Customer nevertheless deliver any such goods to the Company or cause the Company to handle<br \/>or deal with any such goods otherwise than under special arrangements previously made in writing the Company<br \/>shall be under no liability whatsoever for or in connection with such goods howsoever arising.<br \/>(B) The Company may at any time waive its rights and exemptions from liability under sub-clause (A) above<br \/>in respect of any one or more of the categories of goods mentioned herein or of any part of any category.<br \/>If such waiver is not in writing, the onus of providing such waiver shall be on the Customer.<br \/>Company as a Forwarding Agent<\/li>\n<li>Clauses 30 to 32 below inclusive apply where and to the extent that the Company in accordance with these<br \/>Conditions is acting as agent on behalf of the Customer.<\/li>\n<li>The Company shall be entitled and the Customer hereby expressly authorises the Company, except in so far as has been<br \/>otherwise specifically agreed between the Company and the Customer, to enter into contracts<br \/>on behalf of the Customer.<br \/>(a) for the carriage of goods by any route or means or person.<br \/>(b) for the storage, packing, trans-shipment, loading, unloading or handling of the goods by any person at any place<br \/>whether on shore or afloat and for any length of time.<br \/>(c) for the carriage or storage of goods in or on transport units as defined in Clause 13(C) or with other goods of whatever<br \/>nature, and<br \/>(d) to do such acts as may in the opinion of the Company be reasonably necessary in the performance of its obligations<br \/>in the interests of the Customer.<\/li>\n<li>The Company shall be entitled to perform any of its obligations herein by itself or by its parent, subsidiary<br \/>or associated Companies or by any other person, firm or Company. In the absence of agreement to the contrary any<br \/>contract to which these Conditions apply is made by the Company on its own behalf and also as agent<br \/>for and on behalf of any such parent, subsidiary or associated Company and any such Company shall be<br \/>entitled to the benefit of these Conditions.<\/li>\n<li>Where there is a choice of rates according to the extent or degree of the liability assumed by carriers,<br \/>warenousement or others, no declaration of value where optional will be made except under special arrangements<br \/>previously made in writing per shall the Company be under any liability to the Customer by reason of having<br \/>entered into any contract on behalf of the Customer whereby the extent or degree of the liability assumed by<br \/>a carrier, warehouseman or other party is in any respect excluded or limited save where such contract is entered<br \/>into contrary to specific instructions given by the Customer and accepted by the Company.<br \/>Company Contracting as Principal<\/li>\n<li>Clauses 34 to 35 inclusive apply where and to the extent that the Company in accordance with these Conditions is<br \/>contracting as principal.<\/li>\n<li>The Company is not common carrier and deals on the basis of these Conditions alone. The Company reserves to itself a<br \/>reasonable liberty as to the means, route and procedure to be followed in the handling, storage and transportation of<br \/>goods.<\/li>\n<li>(A) When and to the extent that the Company has contracted as principal for the performance of any services, it<br \/>undertakes to perform and\/or in its own name to procure the performance of those services, and subject<br \/>always to the totality of these Conditions accepts liability for loss of or damage to goods taken into its charge occurring<br \/>between the time when it takes the goods into its charge and the time when the Company is entitled to call upon the<br \/>Customer, Consignee or Owner to take delivery of the goods.<br \/>(B) The Company shall be deemed to have taken the goods into its charge when they have been received by the Company<br \/>or have been released or handed over by the Customer or any person acting on behalf of the<br \/>Customer to any person acting on behalf of the Company in accordance with any directions of the Company<br \/>for the performance of the Customer\u2019s instructions.<br \/>Limitations of Liabilities<\/li>\n<li>Subject always to Clauses 3 above and 37 below the Company shall be relieved of liability for any loss or<br \/>damage if and to the extent that such loss or damage was caused by:<br \/>(a) the act or omission of the Customer, or person other than the Company acting on behalf of the Customer, or of the<br \/>person from whom the Company took the goods in charge;<br \/>(b) insufficiency of the packing and\/or marks and\/or labels and\/or numbers save where the Company had<br \/>undertaken to carry out the packing, application of marks or labelling or numbering of the goods;<br \/>(c)handling, loading, stowage or unloading of the goods by the Customer or any person acting on behalf of<br \/>the Customer.<br \/>(d)inherent vice of the goods<br \/>(e)strike, lock out, stoppage or restraint of labour the consequences of which the Company was unable to<br \/>avoid by the exercise of reasonable diligence;<br \/>(f))any cause or event which the Company was unable to avoid and the consequences whereof the Company was<br \/>unable to prevent by the exercise of reasonable diligence.<br \/>The burden of proving that the loss or damage was due to one or more of the above causes or events shall<br \/>rest upon the Company.<\/li>\n<li>(A) Subject to Clause 3 above and sub-clauses(D) and(F) below the Company\u2019s liability howsoever arising<br \/>and notwithstanding that the cause of loss or damage be unexplained shall not exceed<br \/>(i) in the case of claims for loss or damage to goods<br \/>(a) the value of any goods lost or damaged, by fault or omission of the Company, or<br \/>(b) a sum at the rate of one Special Drawing Rights as defined by the International Monetary Fund,<br \/>(hereinafter referred to as SDR&#8217;s), per kilo of gross weight of any goods lost or damaged whichever shall be the least.<br \/>(ii) in the case of all other claims<br \/>(a) the value of the goods the subject of the relevant transaction between the Company and its Customer, or<br \/>(b) a sum at the rate of one SDR&#8217;s per kilo of the gross weight of the goods the subject of the said<br \/>transaction, or<br \/>(c) 10,000 SDR&#8217;s in respect of any one transaction whichever shall be the least.<br \/>For the purposes of paras (i) and (ii) above the value of the goods shall be their value at the place and time<br \/>they are delivered to the Consignee in accordance with the relevant transaction between the Company and<br \/>the Customer or should have been so delivered. SDR\u2019s shall be calculated as at the date when the claim was first notified to<br \/>the Company in writing.<br \/>(B) Subject to Clause 3 above, and sub-clauses (D) and (F) below the Company\u2019s liability for loss or damage<br \/>as a result of failure to deliver or arrange delivery of goods in a reasonable time or (where there is a special arrangement<br \/>under Clause 18) to adhere to agreed departure or arrival dates shall not in any circumstances<br \/>whatever exceed a sum equal to twice the amount of the Company\u2019s charges in respect of the relevant<br \/>transaction.<br \/>(C) Save in respect of such loss or damage as is referred to at sub-Clause (B) and subject to Clause 3 above<br \/>and sub-clauses (D) and (F) below, the Company shall not in any circumstances whatsoever be liable for<br \/>indirect or consequential loss such as (but not limited to) loss of profits, loss of market or the consequences<br \/>of delay or deviation however caused<br \/>(D) By special arrangement agreed in writing the Company may accept liability in excess of the limits set out<br \/>in sub-clauses (A) to (C) above upon the Customer agreeing to pay the Company\u2019s additional charges for<br \/>accepting such increased liability. Details of the Company\u2019s additional charges will be provided upon request.<br \/>(E) if expressly instructed so to do in writing by the Customer, the Company will use its best endeavours<br \/>in accordance with Clause 21 hereof to procure insurance (where available) to indemnify the Customer in<br \/>respect of any loss which he may suffer in excess of the amounts recoverable in accordance with these<br \/>Conditions.<br \/>(F) In any case where in accordance with these Conditions, the Company is liable to pay compensation in respect of loss<br \/>or damage to goods, and it is known where such loss or damage occurred, the extend and the amount of the liability in<br \/>respect of such loss or damage shall be determined by the provisions contained in<br \/>any applicable convention or law which provisions.<br \/>(i) cannot be departed from by private contract to the detriment of Claimant; and<br \/>(ii) would have applied if the Claimant had made a separate and direct contract with the actual provider<br \/>of the particular service in respect of that service or that part of any operation where the loss or damage occurred and<br \/>had received as evidence thereof any particular document which must be issued in order<br \/>to make such convention or law applicable.<br \/>The relevant provisions of the Hague Visby rules contained in the protocol of Brussels dated February 23rd<br \/>1968asenactedintheUnitedKingdomshallbeappliedtoallcarriageofgoodsbyseaandwherenomandatory international<br \/>or national law applies to the carriage of goods by inland waterways also and such provisions<br \/>shall be applied to all goods whether carried on deck or under deck.<br \/>Warsaw Convention<\/li>\n<li>If the Company acts as principal in respect of a carriage of goods by air, the following notice is hereby given:<br \/>If the carriage involves an ultimate destination or stop in a country other than the country of departure, the<br \/>Warsaw Convention may be applicable and the Convention governs and in most cases limits the liability<br \/>of carriers in respect of loss of or damage to cargo. Agreed stopping places are those places (other than<br \/>the places of departure and destination) shown under requested routing and\/or those places shown in carriers&#8217;<br \/>timetables as scheduled stopping places for the route. The address of the first carrier is the airport of departure.<br \/>Miscellaneous<\/li>\n<li>The Customer shall pay to the Company in cash or as otherwise agreed all sums immediately when due without<br \/>reduction or deferment on account of any claim, counterclaim or set off.<\/li>\n<li>Despite the acceptance by the Company of instructions to collect freight, duties, charges or other expenses<br \/>from the Consignee or any other person the Customer shall remain responsible for such freight, duties, charges or<br \/>expenses on receipt of evidence of proper demand and in the absence of evidence of payment (for whatever reason) by<br \/>such Consignee or other person when due.<\/li>\n<li>(A) Subject to sub-clause (B) hereof the Company shall have a general lien on all goods and documents<br \/>relating to goods in its possession, custody or control for all sums due to at any time from the Customer or Owner, and<br \/>shall be entitled to sell or dispose of such goods or documents as agent for and at the expense<br \/>of the Customer and apply the proceeds in or towards the payment of such sums on 28 days notice in writing to the<br \/>Customer. Upon accounting to the Customer for any balance remaining after payment of any sum due to the Company and<br \/>the costs of sale or disposal the Company discharged of any liability whatsoever in respect of the goods or documents.<br \/>(B) When the goods are liable to perish or deteriorate, the Company&#8217;s right to sell or dispose of the goods<br \/>shall arise immediately upon any sum becoming due to the Company subject only to the Company taking reasonable<br \/>steps to bring to the Customer\u2019s attention its intention of selling or disposing of the goods before doing so.<\/li>\n<li>The Company shall be entitled to retain and be paid all brokerages commissions allowances and other remunerations<br \/>customarily retained by or paid to freight forwarders.<br \/>Jurisdiction and Law<\/li>\n<li>The Cyprus Courts shall have exclusive jurisdiction to deal with any dispute which has arisen or may arise out of or in<br \/>connection with the business of the Company.<\/li>\n<li>Subject to Clause 3(B) here of these conditions and any act to which they apply shall be governed by Cyprus Law.<br \/>Payment Terms<\/li>\n<li>(i) Invoices rendered by the Company in respect of duties, taxes, imposts, levies, deposits or outlays paid<br \/>by them to the authorities or of certain outlays of freight to operators must be settled immediately.<br \/>(ii) Invoices rendered by the Company in respect of freight charges other than those specified in 45(i) and<br \/>ancillary charges are payable nett by 15th day of month following month of invoice.<br \/>(iii) Interest at the rate of 1% per month of part thereof calculation from the date of invoice will be charged<br \/>on all monies outstanding beyond the above stipulated payment limits.\u00a0\u00a0<\/li>\n<\/ol>\n<p><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t<\/div>","protected":false},"excerpt":{"rendered":"<p>TERMS WERE ADOPTED FROM THE CYPRUS FREIGHT FORWARDERS &amp; 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