Standard Trading Condition
1. The Company shall not be liable for any loss, damage, delay, duty, tax or fine, indirect or consequential loss, non-performance of any obligations, non-delivery, misdirection, costs, expense, death or injury of whatsoever nature and howsoever caused except as specified in clause 2 below.
2. Subject to the exclusions of liability in clause 3 and elsewhere in this Agreement, to the extent that it is proved that the claim arises from the negligence of the Company, its servants, agents or sub-contractors, the Company shall be liable for the type of loss or damage set out below subject to the financial limits stated.
(a) Physical loss of or damage to Goods, but not exceeding the least of:-
(i) The value of the Goods lost, or
(ii) The reasonable cost of repair in the case of damage, or
(iii) USD 2 per kilogram or USD 500 per package of the Goods lost or damaged, whichever is the least.
(b) Misdirection of the Goods, but not exceeding the least of:-
(i) the cost of transporting the Goods to the correct destination by the mode of transport that would have applied in the absence of such misdirection less the cost that would have been incurred in transporting the Goods to the correct destination in the absence of such misdirection, or
(ii) The value of the Goods misdirected, or
(iii) USD 2 per kilogram or USD 500 per package of the Goods misdirected, whichever is the least.
* "Package" - shall mean a pallet or carton designed and used to consolidate Goods for transportation and/or storage under this Agreement. In case if the pallet, carton or other article of transport/storage consists of smaller packaging units of the Goods within it, each of those smaller packaging units shall not constitute or be treated as a package under this Agreement.
(c) The maximum limit of the Company's liability under one or more of sub-clauses (a) and (b), whether in contract, tort, negligence, bailment, breach of statutory duty or otherwise shall not exceed USD250,000.00 in aggregate in respect of any one event or occurrence or any related series of events or occurrences arising out of one fortuitous event.
(d) The maximum limit of the Company's liability under one or more of sub-clauses (a) to (c), whether in contract, tort, negligence, bailment, breach of statutory duty or otherwise shall be as determined in our existing Insurance Policy, in aggregate in respect of any one event or occurrence or any related series of events or occurrences arising out of one fortuitous event.
3. The Company shall not have any liability whatsoever for claims arising from:
(a) an act or omission of the Customer or Owner or any person acting on their behalf,
(b) the Company complying with the instructions given by or on behalf of the Customer or Owner,
(c) an act or order of any Authority,
(d) the insufficiency of the packing or labeling of the Goods or Containers except where such service has been provided by the Company,
(e) the handling, loading, stowage or unloading of the Goods by the Customer or Owner or any person acting on their behalf,
(f) the nature of the Goods,
(g) the defective condition of or overweight Containers or Vehicles,
(h) riots, civil commotions, strikes, lockouts, stoppage or restraint of labor,
(i) explosion, fire, flood or storm,
(j) the breakdown of or failure or any handling equipment of the Company, providing the Company has complied with such testing and maintenance standards for the equipment as are customary in the Company's business and country,
(k) the breakdown of, accident to, failure or interruption of or reduction in the mains electrical supply to the Company, it being agreed that the Company is under no obligation to have available any auxiliary power supply, or
(l) any cause which the Company could not avoid and the consequences whereof it could not prevent by the exercise of reasonable diligence.
4 If any legislation is compulsorily applicable to any Services, this Agreement shall, as regards such Services, be read as subject to such legislation and nothing in this Agreement shall be construed as a surrender by the Company of any of its rights or immunities or as an increase of any of its responsibilities or liabilities under such legislation and if any part of this Agreement is repugnant to such legislation to any extent such part shall as regards such Services be overridden to that extent and no further.
(A) The Company shall have a particular and general lien on all Goods, Containers and/or Vehicles and/or documents relating thereto in its possession for all sums of whatsoever kind and nature due at any time from the Customer or Owner and on giving 28 days notice in writing to the Customer, shall be entitled to sell or dispose of such Goods, Containers and/or Vehicles and/or documents at the expense of the Customer and without any liability to the Customer and Owner and apply the proceeds in or towards the payment of such sums. Upon accounting to the Customer for any balance remaining after payment of any sum due to the Company and the costs of sale or disposal the company shall be discharged of any liability whatsoever in respect of the Goods, Containers and/or Vehicles and/or documents. If on the sale of the Goods, Containers and/or Vehicles and/or documents the proceeds fail to realise the amount due, the Company shall be entitled to recover the difference from any of the parties included in the terms Customer or Owner.
(B) In any event any lien shall:
(i) survive the delivery of the goods, and
(ii) extend to cover the cost of recovering any sums due
and for that purpose the Company shall have the right to sell the Goods, Containers and/or Vehicles and/or documents by public auction or private treaty, without notice to the Customer and/or Owner and at the Customer and/or Owner’s expense and without any liability towards the Customer and/or Owner.
Notice of Loss, Time Bar
The Company shall be discharged of all liability unless:
(a) (i) notice of any claim is received in writing by the Company or its agent within 3 days after the date specified in (b) below, except where the Customer can show that it was impossible to comply with this time limit and that the claim has been made as soon as it was reasonably possible so to do, and
(ii) suit is brought in the proper forum and written notice thereof received by the Company within 9 months after the date specified in (b) below. In the event that such time period shall be found contrary to any convention or law compulsorily applicable, the period prescribed by such convention or law shall then apply but in that circumstance only.
(b) (i) in the case of loss or damage to Goods, the date of delivery of the Goods,
(ii) in the case of delay or non-delivery of the Goods, the date that the Goods should have been delivered,
(iii) in any other case, the event giving rise to the claim,
otherwise any claim shall be deemed to be waived and absolutely barred.
The defenses and limits of liability provided for by these Conditions shall apply in any action against the Company whether such action be founded in contract or tort including claims made in bailment.
Jurisdiction and law
This Agreement and any claim or dispute arising out of or in connection with the services of the Company shall be subject to Macau law and the exclusive jurisdiction of the .Macau courts.