1. Definitions and application
1.1 In these conditions the following words shall have the following meaning:
‘Consignee’ the Person to whom the goods are consigned
‘Customer’ any Person at whose request or on whose behalf
EV Cargo Global Forwarding undertakes any business or provides advice
information or services.
‘Goods’ the cargo in respect of which EV Cargo Global Forwarding provides services
under this agreement.
‘Owner’ the owner of the Goods and any other Person who is or
may become interested in them.
‘Person’ includes persons or any body or bodies corporate.
‘Transport Unit’ packing case, pallets, container, trailer, tanker, or any
other device used whatsoever for and in connection with
the carriage of Goods by land, sea or air.
1.2 Subject to sub-clause 1.4 below, all and any activities of EV Cargo Global Forwarding in the course of
business governed by the provisions of this agreement, whether gratuitous or not,
are undertaken subject to these conditions unless otherwise agreed in writing.
1.3 The receipt, custody, consolidation and forwarding of the Goods are governed by
the provisions of this agreement and the provisions of any applicable EV Cargo Global Forwarding tariff covering the performance of consolidation services by EV Cargo Global Forwarding. EV Cargo Global Forwarding tariffs are available for inspection at all EV Cargo Global Forwarding offices and locations where cargo is received
for consolidation upon reasonable notice and during normal business hours.
1.4 If any legislation is compulsorily applicable to any business undertaken pursuant to
this agreement, 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 EV Cargo Global Forwarding 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.
1.5 EV Cargo Global Forwarding shall:
(i) have a lien on all Goods and documents relating to Goods in its possession,
custody or control for all sums due at any time to EV Cargo Global Forwarding from the Customer
and/or Owner and/or Consignee on any account whatsoever, whether
relating to Goods belonging to or services provided by or on behalf of EV Cargo Global Forwarding
to the Customer and/or Owner and/or Consignee. Storage charges shall
continue to accrue on any Goods under lien:
(ii) 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) upon accounting to the Customer for any balance remaining after payment of
any sum due to EV Cargo Global Forwarding, 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.
1.6 When the Goods are liable to perish or deteriorate, EV Cargo Global Forwarding’s right to sell or dispose of or deal with the Goods shall arise immediately upon any sum becoming due to
EV Cargo Global Forwarding subject only to EV Cargo Global Forwarding taking reasonable steps to bring the Customers attention its intention to sell or dispose of the Goods before doing so.
1.7 Where the Customer, Consignee or Owner of the Goods fail to take delivery at the
appointed time and place and where EV Cargo Global Forwarding is entitled to deliver, EV Cargo Global Forwarding shall be entitled to store the Goods or any part thereof at the sole risk of the Customer or Consignee or Owner whereupon EV Cargo Global Forwarding’s liability in respect of the Goods or that part thereof stored as aforesaid shall wholly cease. All costs incurred by EV Cargo Global Forwarding as a result of the failure to take delivery shall be deemed as freight earned and such costs shall be paid immediately upon demand.
1.8 EV Cargo Global Forwarding shall be entitled, at the expense of the Customer, to dispose of or deal with any Goods (by sale or otherwise) which have been held by EV Cargo Global Forwarding for 90 days and which cannot be delivered as instructed after at least 28 days in writing to the Customer or without notice where the Customer cannot be traced and reasonable efforts have been made to contact any parties who may reasonably be supposed by EV Cargo Global Forwarding to have any
interest in the Goods.
1.9 EV Cargo Global Forwarding shall be entitled, at the expense of the Customer, to dispose of or deal with any Goods (by sale or otherwise) without prior notice where such Goods 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 EV Cargo Global Forwarding or third parties, or to contravene any applicable laws or regulations.
1.10 No insurance will be effected except upon express instructions given in writing by the
Customer and accepted in writing by EV Cargo Global Forwarding. All insurances effected by EV Cargo Global Forwarding are
subject to the usual exceptions and conditions of the policies of the insurers or
underwriters taking this risk. Unless agreed in writing, EV Cargo Global Forwarding shall not be under any obligation to effect a separate insurance on the Goods. In so far as EV Cargo Global Forwarding agrees to
effect insurance, EV Cargo Global Forwarding acts solely as agent for the Customer and limits of liability under clause 4.3 (i) below shall not apply to EV Cargo Global Forwarding’s obligations under clause 1.10.
1.11 Except under special arrangements made in writing by an officer of EV Cargo Global Forwarding so authorised, 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 EV Cargo Global Forwarding, where EV Cargo Global Forwarding has to engage third parties to effect compliance
with the instructions, only as agents for the Customer.
1.12 Where EV Cargo Global Forwarding accepts 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 EV Cargo Global Forwarding, and in the absence of evidence of payment by such Consignee or other Person for whatever reason, the Customer shall remain
responsible for such freight, duties, charges, dues or other expenses.
1.13 EV Cargo Global Forwarding shall not be under any liability in respect of such arrangements as are referred to under 1.12 above save where such arrangements are made in writing. In any event, EV Cargo Global Forwarding’s liability in respect of the performance or, or arranging the performance of, such instructions shall not exceed the limits set out in clause 4.3 (ii).
1.14 Advice and information, in whatever form it may be given, is provided for the Customer
only. The Customer shall indemnify EV Cargo Global Forwarding against all loss and damage suffered as a consequence of passing such advice or information on to any third party.
2. EV Cargo Global Forwarding and provision of services
2.1 All services are provided by EV Cargo Global Forwarding as agents except as otherwise expressly agreed in writing. In receiving the Goods and performing the consolidation services covered by this agreement, EV Cargo Global Forwarding is acting as agent only for the Consignee named on the face hereof and not as a carrier, transporter or distributor of the Goods.
2.2 EV Cargo Global Forwarding agrees to receive the Goods on behalf of the Consignee, hold the same and deliver or forward them to carriers or transporters in accordance with the instructions of the Consignee or Owner for subsequent transportation by water or air and for distribution and
ultimate delivery to the Consignee. EV Cargo Global Forwarding reserves to itself full liberty as to means, route and procedure to be followed in the performance of any services provided in the course of business undertaken subject to these conditions.
2.3 From and after delivery by EV Cargo Global Forwarding to a carrier in accordance with the instructions of the Consignee Owner, the Consignee Owner agree that the sole responsibility and liability for the care, custody, carriage and delivery of the Goods shall be that of said carrier. EV Cargo Global Forwarding is hereby authorised to forward the Goods and otherwise arrange for the shipment and transportation of the Goods by water or air as the agent of the Consignee Owner. The Consignee Owner acknowledge that they shall be bound by the terms and conditions of the
transportation agreements of the carriers into whose custody the goods may be forwarded.
2.4 If at any time the method and/or route of forwarding selected by the Consignees becomes
impossible to perform for any reason, EV Cargo Global Forwarding may at its absolute discretion use any other method available and all charges and/or expenses incurred in using such method shall be for the Consignee’s account. EV Cargo Global Forwarding shall so far as reasonably possible cause the Goods to be consolidated with the goods of others in order to secure the transportation benefits and economies contemplated by the instructions of the Consignee Owner. EV Cargo Global Forwarding shall be at liberty to employ agents, sub-contractors or third parties on such terms and conditions as it shall in its discretion think appropriate.
2.5 Without prior agreement in writing by an officer of EV Cargo Global Forwarding so authorised, EV Cargo Global Forwarding 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, valuable, antiques, pictures, human remains, livestock, pets, plants. Should the Customer nevertheless deliver any such goods or cause EV Cargo Global Forwarding to handle or deal with any such goods, otherwise than under such prior agreement. EV Cargo Global Forwarding shall have no liability whatsoever howsoever arising for or in connection with the goods.
2.6 EV Cargo Global Forwarding will not be required to secure export licenses and/or quote clearances or any other government consent in respect of the import or export of cargo.
3. The Customer
3.1 The Consignee warrants that:
(i) 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 Owner;
(ii) The Goods have been properly marked and suitably prepared for normal handling,
packed, stowed and/or labelled 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;
(iii) the description and particulars, including without limitation the weight and
description of packages and cargo units, of any Goods or information furnished
or services required by or on behalf of the Customer and/or shipper are full and
(iv) any Transport Unit and/or equipment supplied by the Customer in relation to
the performance of any requested service is fit for purpose and suitable for the
carriage to the intended destination of the Goods;
(v) the nature and amount of any hazardous or dangerous cargo has been packed
and/or labelled in accordance with IMCO regulations and identified as such in
accordance with such regulations to EV Cargo Global Forwarding at or before the time of receipt by EV Cargo Global Forwarding, and
(vi) the Goods do not require insulated, refrigerated, ventilated or other special
storage or handling not disclosed to EV Cargo Global Forwarding at or before the time of receipt
of the Goods.
3.2 Without prejudice to clause 2.5, where the Customer delivers to EV Cargo Global Forwarding or causes EV Cargo Global Forwarding to deal with or handle Goods of a dangerous or damaging nature, or Goods likely to harbour or encourage vermin or other pests, of Goods liable to taint or affect other goods, whether declared to EV Cargo Global Forwarding or not, the Customer shall be liable for all loss or damage arising in connection with such Goods and shall indemnify EV Cargo Global Forwarding against all penalties, claims, damages, costs and expenses whatsoever and howsoever arising in connection therewith, and the Goods may be dealt with in such manner
as EV Cargo Global Forwarding or any other person in whose custody they may be at the relevant time, shall think fit.
3.3 The Customer undertakes that no claim shall be made against any director, servant or
employee of EV Cargo Global Forwarding which imposes, or seeks 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 EV Cargo Global Forwarding against all consequences
3.4 The Consignee and/or Owner and/or shipper of the Goods shall defend, indemnify
and hold harmless EV Cargo Global Forwarding from and against:
(i) all liability, loss, damage, costs and expenses whatsoever and howsoever
arising including but not limited to all duties, taxes, imposts, levies, deposits
and outlays of whatsoever nature levied by any authority in relation to the
Goods, arising out of EV Cargo Global Forwarding 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
(ii) without prejudice to sub-clause 3.4 (i) above, any liability assumed, or incurred
by EV Cargo Global Forwarding when, by reason of carrying our the Customer’s instructions, EV Cargo Global Forwarding has become liable to any other party, and
(iii) all claims, costs and demands whatsoever and by whomsoever made or
preferred in excess of the liability of EV Cargo Global Forwarding under 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
EV Cargo Global Forwarding, its servants, sub-contractors or agents, and
(iv) any claims of a general average nature which my be made on EV Cargo Global Forwarding.
3.5 The Customer and/or Consignee and/or shipper hereby acknowledge that EV Cargo Global Forwarding acts solely as agent and shall be under no liability whatsoever in respect of any
failure by the Customer and/or Consignee and/or shipper or any other party to do
any act or pay any amounts due in respect of the cargo received hereunder including
but not limited to the purchase price of such cargo, freight, storage charges, insurance
premiums, lighterage charges, demurrage, salvage charges or general average
3.6 The Customer shall pay to EV Cargo Global Forwarding 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. EV Cargo Global Forwarding shall be entitled to charge interest on any outstanding sums at a rate of 8% per annum above the prevailing base rate from the date on which the sums became due and owing.
3.7 Where liability arises in respect of claims of a general average nature in connection with
the Goods, the Customer shall promptly provide security to EV Cargo Global Forwarding or to any other party designated by EV Cargo Global Forwarding in a form acceptable to EV Cargo Global Forwarding.
4. Liability and Limitation
4.1 EV Cargo Global Forwarding shall be relieved of liability and responsibility for any loss or damage if and to the extent that such loss or damage is caused by circumstances which EV Cargo Global Forwarding is unable to avoid by the exercise of reasonable diligence or any cause or event which EV Cargo Global Forwarding is unable to avoid and the consequences of which EV Cargo Global Forwarding is unable to prevent by the exercise of reasonable diligence, including but not limited to Act of God, war, civil riot,
civil commotion, import or export regulations, embargoes, strikes, lock-outs or other
industrial activities or trade disputes, acts of terrorism or governmental action or any
other cause beyond the reasonable control of EV Cargo Global Forwarding.
4.2 Except under previous agreement made in writing by an offer of EV Cargo Global Forwarding so authorised, EV Cargo Global Forwarding accepts no responsibility with regard to any failure to adhere to agreed departure
or arrival dates of Goods.
4.3 Subject to clause 1.4 and 1.10 above and 4.8 below, EV Cargo Global Forwarding’s liability howsoever arising and irrespective of whether the cause of loss or damage be unexplained, shall be limited to the least of:
(i) in the case of claims for loss or damage to Goods, the value of any loss or
damage, or a sum at the rate of two SDR per kilo of the gross weight of any
Goods lost or damaged.
(ii) subject to (i) above, in the case of all other claims, the true value of the subject
Goods or where the weight can be identified, a sum calculated at the rate of
two SDR per kilo of the gross weight of the subject Goods, or 75,000 SDR
in respect of any one transaction.
4.4 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, the loss
incurred, or 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.
4.5 For the purposes of the foregoing, the term ‘true value’ shall mean the CIF (FOB plus
proportionate insurance and freight) value of the goods as verified by appropriate
4.6 Subject to 1.4 above, EV Cargo Global Forwarding’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 prior written agreement under clause 4.2 above, to adhere to agreed departure or arrival times, shall
not in any circumstances whatever exceed a sum equal to twice the amount of EV Cargo Global Forwarding’s charges in respect of the relevant contract.
4.7 EV Cargo Global Forwarding is not responsible for any defect in quality, quantity, type or any inherent vice in the cargo. The Owner on behalf of itself and its assigns and any party acquiring title to the cargo under or though it, hereby waives any claim against EV Cargo Global Forwarding arising out of or in connection with the issuance of the Cargo Receipt by EV Cargo Global Forwarding unless such claim arise out of a misdeclaration in the said Cargo Receipt of the number of packages or shipping units received by EV Cargo Global Forwarding or the apparent order and conditions.
4.8 On express instructions in writing declaring the true value of the Goods received from
the Customer and accepted by EV Cargo Global Forwarding before the time of receipt by EV Cargo Global Forwarding of the Goods,
EV Cargo Global Forwarding may accept liability in excess of the limits set out 4.1 to 4.7 above upon the Customer agreeing to pay EV Cargo Global Forwarding’s additional charges for accepting such increased liability, in which case EV Cargo Global Forwarding’s liability for loss or damage to the Goods or for delay shall be the true value of the Goods.
4.9 Any claim against EV Cargo Global Forwarding shall be made in writing and notified to EV Cargo Global Forwarding 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 a 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
4.10 Notwithstanding clause 4.9 above, EV Cargo Global Forwarding shall in any event be discharged of all liability whatsoever and howsoever arising in contract and in tort, unless suit is duly commenced and written notice thereof given to EV Cargo Global Forwarding within nine months from the date of the event or occurrence alleged to give rise to a cause of action against EV Cargo Global Forwarding. Investigating, negotiating or otherwise dealing with claims by EV Cargo Global Forwarding or its legal advisers or representatives shall not be deemed a waiver of any of the foregoing provisions.
5. Law and Jurisdiction
5.1 These conditions and any act or contract to which they apply shall be governed by the
law of England and any dispute arising out of any act or contract to which these
conditions apply shall be subject to the exclusive jurisdiction of the Courts in England
and no other.