Standard Trading Conditions
1. DEFINITIONS
1.1 In these conditions:
Company' means SAS Cargo (Pvt) Limited, 2nd Floor, 74 Commercial Area Cavalry Ground, Lahore– Pakistan. `Person' means a physical or a Legal Person. `Customer' means the person by whom or in whose name or on whose behalf a contract is entered into with the Company to undertake any business, or provide advice, information or service. `Instructions' means a statement of the customer's requirements provided by the customer to the Company in writing, on Company’s or customer’s own stationery. Goods means the whole or any part of the cargo received from the customer and includes all kinds of packing etc. as well as the pallet or container supplied by or on behalf of the customer. `Sub-contractor' means and includes any independent contractor to whom any part or portion of the contract is assigned for performance by the Company directly or indirectly, their respective agents and/or their sub-agents.
2. SCOPE OF APPLICATION
2.1 Subject to Clause 2.2 below, all and any activities of the Company in the course of business as approved bonded carrier and/or transport operator, whether gratuitous or not, are undertaken subject to these conditions.
2.2 If any legislation is compulsorily applicable to any business undertaken under these conditions, then the Company has right to amend, modify, and alter these conditions unilaterally as shall be deemed appropriate by the Company in its sole discretion.
3. THE COMPANY'S GENERAL ROLE & RESPONSIBILITIES
3.1 The Company shall perform its duties with a reasonable degree of care, diligence, skill and judgment.
3.2 If at any stage in any transaction the Company should reasonably consider that there is good reason to depart from any of the customers Instructions, the Company shall be entitled to do so and shall not incur any additional liability in consequence of so doing.
3.3 If after a contract has been agreed, events or circumstances come to the knowledge of the Company which in the opinion of the Company make it wholly or in part impossible for the Company to fulfill its duties the Company shall not be held responsible for any loss, damage or delay to the customer or any other person.
3.4 Subject to clauses 4.5.1, 4.5.2, 4.7.1, 4.7.2 and 4.7.3, below and in the absence of specific written agreement between the customer and the Company, the Company shall, in the procurement of carriage, storage, packing or handling of the goods, and all other matters connected therewith directly or
Indirectly, be entitled to act as the principal or as an agent of the customer subject to these conditions.
3.5 While acting as an agent, the Company does not make or purport to make any contract with the customer for the carriage, storage, packing or handling of any goods nor for any other physical service in relation to them and acts solely on behalf of the customer in securing services by establishing contracts with other parties so that direct contractual relationships are established between the customer and such third parties.
3.6 The Company shall provide evidence of its having entered into any such contract as an agent for the customer when demanded by him.
4. COMPANY'S SPECIFIC CONDITIONS
4.1 Notwithstanding anything contained in these conditions, the Company shall be discharged of any liability whatsoever, howsoever arising in respect of
any service provided for the customer, or which the Company has undertaken to provide, or because of loss, damage or delay to the consignment, or any
part or portion of the consignment, unless the Company is informed in writing of any such complaint within ten (10) days from the date of the customer's
becoming aware of the event or occurrence of loss or damage alleged to give rise to cause of action against the Company or within two (2) days of the date when the goods are delivered to the customer's nominee or ought to have been so delivered in the normal course of carriage, whichever is earlier.
4.2 Except under special arrangement previously made in writing the Company accepts no responsibility for departure or arrival dates of goods.
4.3 If delivery of the goods or any part thereof is not taken by the customer, or his nominee, at the time and place when and where the Company is entitled to call upon such person to take delivery thereof, the Company shall endeavor to cause to store goods or any part thereof at the sole risk of the customer, whereupon the liability of the Company in respect of the goods or that part thereof stored as aforesaid shall wholly cease and the cost of such storage, if
paid for or payable by the Company or any agent or subcontractor of the Company, shall forthwith be paid by the customer to the Company. In case of any default of the customer or his nominee to pay such charges, the Company shall be entitled to claim surcharge at the rate of 20% per annum and also
extend lien over any other goods that the customer may have delivered or deliver to the Company for carriage under another independent contract.
4.4 Except insofar as may be required to comply with the customer's written instructions as regards documentation, or except under special arrangements previously made in writing, the Company shall not be obliged to arrange for the goods to be carried, stored or handled separately from other goods.
4.5.1 No Insurance will be effected by the Company except upon express instructions given in writing by the customer and all insurance effected or arranged by the Company are subject to the payment of premium by the customer, and such insurance policy/policies shall be subject to the usual
exceptions and conditions of the policies of the insurance Company taking risk. Unless otherwise agreed in writing, the Company shall not be under any obligation to effect a separate insurance on each consignment but may declare it on any open general policy held by the Company for its own
exclusive benefit.
4.5.2 Insofar as the Company agrees to arrange insurance, the Company acts solely as agent for the customer using its best endeavors to arrange such insurance and does so subject to the limits of liability contained in 8.3 hereof.
4.6 Except in accordance with express instructions in writing previously received and accepted by the Company, the Company shall not be obliged to make any declaration for the purpose of any statute, convention or contract as to the nature or value of any goods as to any special interest in delivery.
4.7.1 Except under special arrangements previously made in writing or under the terms of a printed document signed by the Company, any instructions
relating to the delivery or release of goods in specified circumstances only, such as (but without prejudice to the generality of this clause) against
payment or against surrender of a particular document, are accepted by the Company only as an agent for the customer where third parties are engaged to effect compliance with the instructions.
4.7.2 The Company shall not be under any liability in respect of such arrangements as are preferred to under 4.7.1. hereof save where such arrangements are made in writing.
4.7.3 In any event, the Company's liability in respect of the performance or arranging the performance of such instructions shall not exceed that provided for in these conditions in respect of loss or damage to goods.
4.8 Advice and information, in whatever form it may be given, is provided by the Company for the customer only and the customer hereby indemnifies the
Company against any liability, claims, losses, damages, costs or expenses arising out of any other person relying upon such advice or information.
4.9 The defence and limits of liability provided for in these conditions shall apply in any action against the Company whatsoever, howsoever arising whether the action be found in contract or otherwise.
5. COMPANY'S SPECIAL CONDITIONS RELATING TO PARTICULAR GOODS
5.1. Except following instructions previously received in writing and accepted by the Company, the Company will not accept or deal with goods of a dangerous or damaging nature, or with goods likely to harbour or encourage vermin or other pests. If such goods are accepted pursuant to special arrangements and then in the opinion of the Company they constitute a risk
to other goods, property or persons, the Company shall, where reasonably practicable, contact the customer but reserves the right at the expense of the
customer to remove or otherwise deal with goods in such manner that it deems fit.
5.2. Should any customer otherwise than under special arrangements previously made in writing as let out in clause 5.1. above, deliver to the Company or cause 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, he shall be liable for all loss or damage arising in connection with handling of such goods and hereby indemnifies the Company against all penalties, claims, damages, costs and expenses whatsoever arising in connection there with, 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.
6. COMPANY AS AN AGENT OR PRINCIPAL
6.1 Clauses 6.2. to 6.4. both inclusive apply where and to the extent that the Company in accordance with these conditions is acting as agent on behalf of the customer.
6.2 The Company shall be entitled and the customer hereby expressly authorizes the Company, except in so far as has been otherwise specifically agreed between the Company and the customer, to act as his agent and wherever considered necessary or appropriate to enter into contracts on behalf of the customer for the carriage of goods by any route or mean or person, and/or for the storage, packing, transhipment, loading, unloading or handling of the goods by any person at any place and for any length of time, and/or for the carriage or storage of goods in or on transport units as defined in clause 7.9.3 or with other goods of whatever nature; and to do such acts as may be, in the opinion of the Company, reasonably necessary in the performance of its obligations in the interests of the customer.
6.3 The Company shall be entitled to perform any of its obligations herein by itself or by its parent, subsidiary or associated companies or by any other person, firm or company. In the absence of agreement to the contrary, any contract to which these conditions apply, is made by the Company on its own behalf and for and on behalf of any such parent, subsidiary or associated company, and any such company shall be entitled to the benefit of these conditions.
6.4 Where there is a choice of rates according to the extent or degree of the liability assumed by carriers, warehousemen or others, no declaration of value
where optional will be made except under special arrangements previously made in writing, nor shall the Company be under any liability to the customer
by reason of having entered into any contract on behalf of the customer whereby the extent or degree of the liability assumed by a carrier, warehousemen or other party is in any respect excluded or limited save where such contract is entered into contrary to written specific instructions given by the customer and accepted by the Company.
6.5 Clauses 6.6. to clause 6.7 apply where and to the extent that the Company in accordance with these conditions is contracting as principal. 6.6 The Company is not a common carrier and deals on the basis of these conditions alone. The Company reserves to itself liberty as to the means, route and procedure to be followed in the handling, storage and transporting of goods.
6.7.1 When and to the extent that the Company has contracted in writing as principal in its own right and not as an agent of the customer for the performance of any services, and/or it undertakes to perform in its own name to procure the performance of these services, and subject always to the totality of these conditions, with particular reference to the value of goods, it accepts liability for loss of or damage to goods taken into its charge occurring between the time when it takes the goods into its charge and the time when the Company is entitled to call upon the authorities or customers representatives at the inland destination to take delivery of the goods.
6.7.2 The Company shall be deemed to have taken the goods into charge when they have been received by the Company through acknowledgement in writing signed by an authorized representative of the Company or have been released or handed over by the customer or any person acting on behalf of the customer to any authorized person acting on behalf of the Company in accordance with any written direction of the Company for the performance of the customer's instructions.
7. THE CUSTOMER'S UNDERTAKING
7.1 The customer warrants that the description and particulars of all goods furnished by or on behalf of the customer are full and accurate.
7.2 The customer warrants that he is either the owner of goods delivered to the Company for carriage or the authorized agent of the owner and also that he is accepting these conditions not only for himself but also as an agent for and on behalf of the owner.
7.3 The customer hereby indemnifies the Company against all liability, loss, damage, costs and expenses whatsoever 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.
7.4 Without derogation from clause 7.3 above, the customer indemnifies the Company against any liability assumed or incurred by the Company when by reason of carrying out the customer's instructions; the Company has become liable or may become liable to any other party.
7.5 The customer shall be liable for and hereby indemnifies the Company in respect of all duties, taxes, imports levies, deposits and outlays of whatsoever nature levied by any authority in relation to goods and for all payments, fines, costs, expenses, loss or damage whatsoever incurred or sustained by the Company in connection therewith.
7.6 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 or any one of them any liability in connection with any service rendered by the Company under this contract and if any such claim could nevertheless be made, to indemnify the Company against all consequences thereof.
7.7 The customer shall keep the Company harmless and indemnified from and against all claims, costs and damages whatsoever and by whomsoever made or preferred in excess of the liability of the Company under the terms of these conditions regardless of whether or not it arises from or in connection with the negligence or breach of duty of the Company, its servants, sub-contractors or agents.
7.8 The customer is deemed to have full knowledge of matters affecting the conduct of his business, including terms of sale and purchase with the consignee and all other matters relating thereto and shall give clearly understandable and executable instructions and shall bear all the consequences arising out of unclear or in-executable instructions even if there is no negligence or misconduct on his part.
7.9.1 The customer shall warn the Company in writing if any goods which are the subject of any transaction to which these conditions apply, are liable to taint or effect other goods, and the customer shall indemnify the Company against any liability loss, damage, cost or expenses incurred by the Company as a consequence of the customer's failure or omission to do so or his failure or omission to do so before any damage or loss is caused to the goods,
7.9.2 Except where the Company has, through acknowledgement in writing accepted instructions in respect of the preparation, packing, stowage, labeling or marking of the goods, the customer warrants that all goods have been properly and sufficiently prepared, packed, stowed, labeled and/or markings are appropriate to any operations or transactions affecting the goods and the characteristics of the goods.
7.9.3 In all cases where the Company has not undertaken to supply and load, and regardless of the fact as to who supplies or provides the containers, trailers, flats, tilts, railway wagons, tanks, igloos, or any other unit load device, constructed for the carriage of goods by land, sea or air (each hereafter individually referred to as "transport unit") the customer agrees and warrants:
7.9.3.1 That the transport unit has been properly and competently loaded;
7.9.3.2 That the goods are suitable for carriage in or on the transport unit; and
7.9.3.3 That the transport unit is in a suitable condition to carry the goods loaded therein.
7.9.3.4 The customer shall pay to the Company or its nominee any fluctuation in the currency rates qua freight and other charges that may occur.
8. LIMITATION OF LIABILITY
8.1 The Company is not liable for any loss or damage if and to the extent that such loss or damage was caused by:
8.1.1 The act or omission of the customer, or person acting on behalf of the customer, or of the person from whom the Company took the goods in charge.
8.1.2 Handing over of goods and documentation by the customer after the cut-off times fixed by the Company including any modifications made therein from time to time for dispatch of shipments on intended flights or vessels.
8.1.3 Insufficiency of the packing and/or marks and/or labels and/or numbers save where the Company had undertaken in writing to carry out the packing application of marks or labeling or numbering of the goods.
8.1.4 Handling, loading, stowage or unloading of the goods by the customer or any person acting on behalf of the customer.
8.1.5 Inherent vice or nature of the goods.
8.1.6 Wear, tear, scratching, bruising, denting and claims for the cost of repainting,
8.1.7 Moth, mildew, vermin, mechanical or electrical breakdown or derangement,
8.1.8 Ordinary leakage, ordinary loss in weight or volume,
8.1.9 Claims by third parties
8.1.10 Currency fluctuations
8.1.11 Delay in the release of goods and/or documents by the Company due to financial default of the customer.
8.1.12 Strike, lockout, stoppage or restraint of labour, the consequence of which the Company was unable to avoid.
8.1.13 Loss, damage or expense proximately caused by delay.
8.1.14 Any cause or event which the Company was unable to avoid and the consequence whereof the Company was unable to prevent.
8.2 The Company shall not be liable for:
8.2.1 Any claim, loss or damage resulting from any inability of the customer to pay, or pay promptly accounts or collect accounts.
8.2.2 Any claim resulting from the insolvency or financial default of the Customer 8.2.3 Any liability, costs or expenses for which the customer is entitled to any indemnity, under any certificate or policy of insurance.
8.2.4 Loss or damage directly or indirectly occasioned by, happening through or in consequence of war, invasion, acts of foreign enemies, terrorism, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation or nationalization or requisition or destruction of or damage to property by or under the order of any government or public or local authority.
8.2.5 Loss or destruction of or damage to any property whatsoever or any loss or expenses whatsoever resulting or arising there from or any consequential loss, 8.3 The burden of proving that the loss or damage was not due to one or more of the above causes or events shall rest upon the customer.
8.4 The Company's liability, howsoever arising and not withstanding that the cause of loss or damage being unexplained, shall not exceed:
8.4.1 In case of a claim for loss of or damage to goods, (a) the actual value of any goods lost or damaged, or (b) a Pak Rupee sum calculated at the rate of US$ 20.00 (Twenty US Dollars) per kilogram of cargo lost or damaged in international aviation transport sector and/or Pak Rs.88.00 (Eighty-eight Rupees) per kilogram of cargo lost or damaged in domestic aviation transport sector, and/or a Pak Rupee sum calculated at the rate of SDR 2.00 (Two SDR) per kilogram of cargo lost or damaged in marine transport sector or land transport sector, or (c) a Pak Rupee sum equivalent to US$ 100,000.00 (One hundred thousand US Dollars) whichever is applicable, and whichever of the (a), (b) and (c) shall be the least.
8.4.2 In case of all other claims the value of goods, or sum equivalent to freight actually received by the Company from the customer, or a Pak Rupee sum equivalent to US$ 10,000.00 (Ten thousand US Dollars), whichever shall be the least.
8.5 The Company shall not in any circumstances whatsoever be liable for indirect or consequential loss such as (but not limited to) loss of profits, loss of market or the consequences of delay or deviation however caused.
9. MISCELLANEOUS
9.1 The Customer shall pay to the Company in cash or as otherwise agreed all sums immediately when due without reduction on account of any claim, counterclaim or set off. All such payments shall be made by the customer against written receipt signed by an authorized representative of the Company. It is clearly understood by the customer that the words "freight pre-paid" appearing on the air way bills, bills of lading or any other documents, shall not perse constitute proof or evidence that freight or other charges have been really paid by the customer to the Company and that it is merely a term conveying mode of payment and has no relation to the factum of actual payment.
9.2 Despite acceptance by the Company of instructions to collect freight, duties, charges or other expenses from the consignee or any other persons, the customer shall remain responsible for such freight, duties, charges or expenses on receipt of evidence of proper demand and in the absence of evidence of payment (for whatever reason) by such consignee or other person when due.
9.2.1 Subject to clause 9.2.2. hereof, the Company shall have a general lien on all goods and documents relating to goods in its possession, custody or control for all sums due at any time from the customer and shall be entitled to sell, dispose of 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 on 21 days notice in writing to the customer. Upon accounting to the customer for any balance remaining after payment of any sum due to the Company and the cost of sale or disposal the Company shall be discharged of any liability whatsoever in respect of the goods or documents.
9.2.2 When the goods are liable to perish or deteriorate, the Company's right to sell or dispose of the goods shall arise immediately upon any sum becoming due to the Company, subject only to the Company's taking reasonable steps to bring to the customer's attention its intention of selling or disposing of the goods before doing so.
9.2.3 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 and trading agents in the field of transportation of goods.
9.3 If by order of the authorities a cargo has to be opened for the inspection of goods for any purpose whatever, the Company will not be liable for any loss or damage incurred as a result of any such opening, unpacking, inspection or re-packing. The Company shall be entitled to recover from the customer any cost or expenses incurred because of the act(s) of authorities.
9.4 All records pertaining to shipments including shipper's instructions may be destroyed by the Company after two years from the date of the instructions without incurring any liability or responsibility whatsoever.
9.5 Nothing in these conditions shall restrict the Company to amend, alter, or replace these conditions or any provisions thereof without any notice to the customer or without associating the customer therewith in any manner whatsoever.
9.6 In case of any dispute arising between the Company and the customer in relation to any matter under these conditions of contract, the same shall be referred to a mutually agreed sole Arbitrator appointed by the parties in dispute and all proceedings before the said Arbitrator shall be conducted at Lahore in accordance with the Arbitration Act, 1940. 10. APPLICABLE LAW These conditions as well as any transaction or contract subject to these conditions would be governed by Pakistani Law and all disputes arising from transactions governed by these conditions shall be subject to the exclusive jurisdiction of the Pakistani Courts.