AL NASEEM SHIPPING L.L.C
STANDARD TRADING TERMS & CONDITIONS
PART I. GENERAL PROVISIONS
1. These terms apply to all Freight Forwarding Services undertaken (in whatever name) by Al Naseem Shipping L.L.C residing at City Tower – 2, Sheikh Zyed Road Dubai UAE and any of its subsidiaries.
2.1 Freight Forwarding Services means services of any kind and whether physical, advisory or otherwise relating to the carriage, consolidation, storage, handling, packing or distribution of Goods as well as all ancillary and advisory services in connection therewith, including but not limited to selecting any performing third parties or the route and method of work, customs and fiscal matters, declaring Goods for official purposes, procuring insurance and collecting or procuring payment or documents relating to Goods.
2.2 Al Naseem means Al Naseem Shipping L.L.C and any of its subsidiaries.
2.3 Customer means any person having rights or obligations under a contract of or for Freight Forwarding Services concluded with Al Naseem or as a result of any work in connection with such services or any person have some proprietary or possessory interest in Goods relating to any such contract.
2.4 Goods means any property including live animals as well as containers, pallets or similar articles of transport or packaging not supplied by Al Naseem.
2.5 SDR means a Special Drawing Right as defined by the International Monetary Fund.
2.6. in writing includes email and any message or recording by electronic means.
2.7. Valuables means bullion, coins, money, negotiable instruments, precious stones, jewellery, antiques, pictures, works of art and similar properties.
2.8. Dangerous Goods means Goods which are officially classified as hazardous as well as Goods which are or may become of a dangerous, inflammable, radioactive noxious or damaging nature.
3. ACTIONS IN TORT ETC
3. These terms apply to all claims against Al Naseem whether the claim is founded in contract, bailment, tort or otherwise.
4. LIABILITY OF EMPLOYEES AND OTHER PERSONS
4. These terms apply whenever any claim (whether founded in contract, bailment or tort) is made against an employee, agent, sub-agent, contractor, sub-contractor or other person engaged in the performance of the Freight Forwarding Services and the aggregate liability of Al Naseem and such servants, agents or other persons shall not exceed the limit applicable to the service concerned under these terms.
5. No cargo or other insurance will be effected by Al Naseem, except upon express instructions given in writing by the Customer. All insurances effected are subject to the usual exceptions and conditions of the policies of the insurers underwriting the risk. Unless otherwise agreed in writing Al Naseem shall in any event be under no obligation to effect a separate insurance on each consignment, but may declare it on any open or general policy held by Al Naseem.
6. AGENT FOR THE CUSTOMER OR PRINCIPAL CONTRACTOR
6.1 Where the whole or any part of the Freight Forwarding Services is performed or is to be performed by third parties (such as, but not limited to, carriers, warehousemen, stevedores, port authorities, and other freight forwarders and technical and advisory consultants) Al Naseem contracts with the Customer solely as its agent to arrange that whole or part of the Freight Forwarding Services unless Al Naseem issues to the Customer its own transport, storage or other document evidencing assumption by it of the role of the contrary role of principal contractor in that respect.
6.2 Otherwise Al Naseem contracts with the Customer as a principal contractor.
7. METHOD OF WORK ETC
7. Al Naseem has full liberty, whether contracting as principal contractor or otherwise, to choose and/or substitute the means, route, parties, terms and procedure (including without limitation the handling, stowage below or above deck, storage and transportation of the Goods) to be employed in all matters concerning the performance of the Freight Forwarding Services and to sub-contract or delegate, as the case may be, the whole or any part of the Freight Forwarding Services on any terms.
8. RETENTION OF COMMISSIONS ETC
8. Al Naseem is authorized and is entitled to retain and be paid all payments customarily paid to, or retained by, Al Naseem.
9. NO SET-OFF
9. All monies due to Al Naseem shall be paid without any abatement, reduction, deferment, set-off or counterclaim.
10. HINDRANCES ETC
10.1 If at any time Al Naseem’s performance of the Freight Forwarding Services (whether as principal contractor or otherwise) is, or is likely to be, affected by any hindrance or risk of any kind (including the condition of the Goods) not arising from any fault or neglect of Al Naseem, and which cannot be avoided by the exercise of reasonable endeavours, Al Naseem may abandon the carriage or other relevant freight forwarding services in respect of the Goods and, where reasonably possible, make the Goods or any part of them available to the Customer at a place which Al Naseem may deem safe and convenient; whereupon delivery shall be deemed to have been made and the responsibility of Al Naseem in respect of such Goods shall cease.
10.2 In any event, Al Naseem shall be entitled to the agreed remuneration under the contract and the Customer shall bear and pay any additional costs resulting from the above-mentioned circumstances.
11.1 Al Naseem has a lien on all goods and documents in its possession, control or custody for all amounts due by the Customer to Al Naseem on any account. Any storage or other charges shall continue to accrue on any goods which are detained under lien.
11.2 On giving at least 14 days (or in the case of perishable goods such shorter period as is reasonably practical in all the circumstances) notice in writing to the Customer Al Naseem has liberty to sell or otherwise dispose of all goods or documents on which it has a lien as agent for, and at the expense of, the Customer and to apply the proceeds in or towards the payment of any sums due from the Customer.
12. FAILURE TO TAKE TIMELY DELIVERY
12. If the Customer neglects to take delivery of the Goods at the appointed time and place, Al Naseem has liberty to store the Goods at the Customer’s sole risk and expense.
13. FREIGHT COLLECT AND DELIVERY INSTRUCTIONS ETC
13.1 Any instructions in regard to the delivery or release of goods or documents are accepted by Al Naseem as agent only for the Customer where Al Naseem engages third parties to fulfill such instructions notwithstanding that Al Naseem may otherwise act in the transaction as principal contractor in whole or part.
13.2 The Customer shall in any event remain responsible for any freight, dues, duties, charges or other such expenses notwithstanding acceptance by Al Naseem (which acceptance must in any case be in writing) of instructions from the Customer to collect such sums from the consignee or any other person.
14. BRIBERY AND CORRUPTION
14. Al Naseem and the Customer shall each comply at all times with all applicable anti-corruption legislation and have procedures in place that are, to the best of its knowledge and belief, designed to prevent the commission of any offence under such legislation by any member of its organisation or by any person providing services for it or on its behalf; and make and keep books, records, and accounts which in reasonable detail accurately and fairly reflect all transactions undertaken.
PART II. Al Naseem’S OBLIGATIONS
15. WHEN ACTING OTHER THAN AS A PRINCIPAL
15. Al Naseem’s responsibility is limited to the exercise to of due diligence in selecting and instructing any third parties used in connection with the Freight Forwarding Services.
16. WHEN ACTING AS A PRINCIPAL
16. Al Naseem shall, subject to the other terms herein, be responsible for the acts and omissions of third parties it has engaged for the performance of the Freight Forwarding Services in the same manner as if such acts and omissions were its own but its rights, duties and liabilities shall be subject to the provisions of any mandatory law, including any mandatory convention carriage regime, applicable to the mode of transport or service concerned.
17. GENERAL EXCLUSION OF LIABILITY FOR VALUABLES, DANGEROUS GOODS, AND LOSS OF PROFIT ETC
Al Naseem shall not in any event and in any circumstances and whether acting as principal contractor or otherwise be liable for;
17.1. Loss of or in connection with Valuables or Dangerous Goods unless declared to Al Naseem at the time of the conclusion of the contract,
17.2 Loss of profit and loss of market of whatever class of remoteness and whether or not direct or indirect loss.
17.3 Any loss of whatever type of an indirect or consequential nature.
18. MONETARY LIMITS OF LIABILITY
18.1 Al Naseem shall not in any event and in any circumstances and whether acting as principal contractor or otherwise be liable for;
18.1.1 Any loss arising out of any claim for loss or damage to the Goods in an amount exceeding the equivalent of 2 SDR per kilogram of the gross weight of that whole or part of the Goods actually lost or damaged.
18.1.2 Any loss arising out any claim for delay to the Goods in an amount exceeding the remuneration of the “Al Naseem” relating to the service in respect of that whole or part of the Goods actually subject to delay.
18.1.3 Any loss in respect of any other claim howsoever or whatsoever arising in an amount exceeding 2 SDR per kilogram of the gross weight of that whole or part of the Goods actually the subject of the claim.
19. NOTICE OF CLAIMS
19. Any claim by the Customer against Al Naseem arising in respect of any Freight Forwarding Services shall be made in writing and notified to Al Naseem within 14 days of the date upon which the Customer became or should have become aware of any event or occurrence alleged to give rise to such claim. Any claim not made and notified as aforesaid shall be deemed to be waived and absolutely barred and extinguished except where the Customer can show that it was impossible for it to comply with this time limit and that it has made the claim as soon as it was reasonably possible for it to do so.
PART III. THE CUSTOMER’S OBLIGATIONS
20. INFORMATION AND INSTRUCTIONS ETC
20. The Customer warrants the accuracy, at the time the Goods were taken in charge by Al Naseem, of all particulars relating to the general nature of the Goods, their marks, number, weight, volume and quantity and, if applicable, to the dangerous character of the Goods, as furnished by or on behalf of the Customer.
21. GENERAL DUTY OF INDEMNIFICATION
21.1 Except to the extent that Al Naseem is liable according to these terms, the Customer shall indemnify Al Naseem for all liability incurred in the performance of the Freight Forwarding Services including liabilities incurred by the Freight Forwarder, in case of unforeseen circumstances, where it acts in the best interest of the Customer.
21.2 The Customer shall indemnify Al Naseem in respect of any claims of a General Average nature which may be made on it and shall provide such security as may be required by Al Naseem in this connection.
PART IV. APPLICABLE LAW AND DISPUTES
22. ENGLISH LAW AND LONDON LMAA ARBITRATION
22. These terms and any business conducted thereunder shall be governed by and construed in accordance with the laws of England and all disputes arising under or in connection with the same shall be referred to arbitration in London conducted in accordance with one of the following London Maritime Arbitrators Association (LMAA) procedures applicable at the date of the commencement of the arbitration proceedings:
22.1 Where the amount claimed by the Claimants is less than US$400,000.00, excluding interest, (or such other sum as the parties may agree and subject to paragraph (ii) below), the reference shall be to a tribunal of three arbitrators and the arbitration shall be conducted in accordance with the LMAA Intermediate Claims Procedure;
22.2 Where the amount claimed by the Claimants is less than US$100,000.00, excluding interest (or such other sum as the parties may agree) the reference shall be to a sole arbitrator and the arbitration shall be conducted in accordance with the LMAA Small Claims Procedure.
22.3 In any case where the LMAA procedures referred to above do not apply, the reference shall be to three arbitrators in accordance with the LMAA Terms current at the date of commencement of the arbitration proceedings.
PART V. ARBITRATION TIME BAR
23. Al Naseem shall in any event be discharged of all and any liability unless arbitration is commenced by the Customer within 9 months after the event or occurrence giving rise to the claim.
PART VI. FORCE-MAJEURE
24. The Parties shall be released from liability for full or partial failure to fulfil their obligations hereunder, and for the delayed fulfilment of obligations under this Contract, if such failure resulted from the acts of God (hereinafter referred to as the “Force Majeure”).
25. The force majeure include: wars, social disorders, strikes, natural disasters including the storms, earthquakes, volcanic explosion, gales, mudslides, floods, poor traffic- climatic conditions, widespread communicable diseases and viruses, ports, railways, airports and airlines closure, border closure, adoption of the legislative and normative legal acts by the national regulatory and administrative authorities of the countries to provide the respective cargo transportation which impede the fulfillment of the Contractual obligations by the Parties, delayed fulfillment of obligations by the contractors, if such delay was caused due to the circumstances above.