A.J.BROWN & CO. LTD. is a supplier of international freight-related services including international freight forwarding, customs clearance, customs tariff consultancy and road delivery services. It is the Supplier referred to in this Contract. In terms of the Carriage Of Goods Act A.J.BROWN & CO. LTD. is also the Carrier. The Client referred to herein is the company, person or persons at whose request the services are provided..

 

Pursuant to the Warsaw and Hague Conventions there are further conditions of contract relating specifically to goods being carried internationally. These are printed on the reverse of our Waybill.

 

1.       LIABILITY OF CARRIER (such term to include unless the context otherwise requires its servants agents sub-contractors and actual carriers). Unless otherwise agreed in writing all contracts of carriage shall be 'at limited carriers risk' pursuant to the Carriage of Goods Act, 1979 (hereinafter called 'the Act'). The Client shall be responsible for insuring the goods for any value over this limit.

 

(i)       the Carrier shall not be under any liability, howsoever caused or arising and (without limiting the generality of the foregoing) whether caused or arising as a result of the negligence of the Carrier or otherwise for any damage, loss, deterioration, mis-delivery, delay in delivery or non-delivery of the goods (whether the goods are or have been in the possession of the Carrier or not) nor for any instructions, advice, information or service given by or provided to any person, whether in respect of the goods or any other thing or matter, nor for any consequential or indirect loss, loss of market or consequences of delay and

 

(ii)      the Client will indemnify the Carrier against all claims of any kind whatsoever, howsoever caused or arising and (without limiting the generality of the foregoing) whether caused or arising as a result of the negligence of the Carrier or otherwise, brought by any person in connection with any matter or thing done said or omitted by the Carrier in connection with the goods.

 

2.       NOTIFICATION OF CLAIMS AND LIMITATIONS OF ACTIONS.

(a)      The Carrier shall be under no liability whatsoever unless

          (i) written notice of any claim, giving reasonable particulars of the event giving rise to the claim and any alleged damage or loss, is received by the Carrier within seven days after delivery at the destination on the face hereof or, in the case of non-delivery, within fourteen days after the date of despatch.

          (ii) An action shall have been commenced by the Client in a Court of competent jurisdiction within six months of delivery or, in the case of non-delivery, within six months and fourteen days of the date of despatch.

(b)      Sections 18, 19, and 20 of the Act shall not apply to the Contract.

 

3.       ALL terms used in this contract shall have the meaning as set out in the Act, and where the conditions contained in this contract differ from the provisions of the Act then so far as the parties are able the contract prevails over any statutory provisions and the parties are deemed to have contracted out of the provisions of the Act and the Carrier shall not be bound by any agreement varying these conditions unless such agreement shall be in writing and signed with due authority on behalf of the Carrier.

 

4.       The goods shall comply with the requirement of any applicable law relating to the nature, labeling and packaging and carriage of goods and the expenses and charges of the Carrier in complying with the provisions of any such law or with any order or requirement thereunder or with the requirement of any harbour, dock, railway, shipping, custom, excise duty, or sales tax, warehouse or other authority or company or the expenses, charges, levies or fines arising out of the breach of any applicable law shall be paid by the Client.

 

TERMS OF CREDIT

5.       PAYMENT. Should the Supplier not receive by due date any amounts demanded by it then those amounts shall be considered “outstanding” for the purposes of these terms. Amounts requested by way of Advance Request are due at the time of the request. Other charges are due either within 7 days from the date of the invoice, or by the 20th of the month following the date of the invoice, whichever has been notified to the Client from time to time. Failure of the Client to make payment in accordance with these Terms is likely to result in the suspension of services by the Supplier without warning unless other written arrangements have been made.

 

6.       In addition the Client will pay to the Supplier on demand reimbursement for any costs incurred in obtaining or attempting to obtain payment for any outstanding amounts due to the Supplier by the Client.

 

7.       TERMINATION. This contract can be terminated at any time by either party, at which time all amounts due shall be immediately payable unless the Supplier agrees in writing to postpone the requirement for immediate payment.