The Customer’s attention is drawn to the Clauses here of which exclude or limit the Company’s liability and these which require the Customer to indemnify the Company in certain circumstances.
DEFINITION AND APPLICATION
- In these Conditions:
"Company" is GREEN AGENCY CARGO LLC (Limited Liability Company) under these Conditions and this expression includes any parent subsidiary or affiliated company of the Company.
"Person" includes persons or anybody or bodies corporate.
"Owner" means the Owner of the goods (including any packaging, containers or equipment) to which any business concluded under these Conditions relates and the consignee or any other Person who is or may become interested in or in possession or entitled to possession of them.
"Customer" means any Person at whose request or on whose behalf the Company undertakes any business or provides advice, information or services.
- (a) Subject to Sub-Paragraph (b) below, all and any activities of the Company
in the course of business whether gratuitous or not are undertaken subject to
(b) If any legislation is compulsorily applicable to any business undertaken, 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 the Company of any of its rights or im munities or as an increase of any of its responsibilities or liabilities under such legislation to any extent such part shall as regards such business be overridden to that extent and no further.
- The Customer warrants that he is either the Owner or the authorized agent of the Owner and also that he has authority to accept these Conditions not only for himself but also as agent for and on behalf of the Owner.
- In authorizing the Customer to enter into any contract with the company and/or in accepting any document issued by the company in connection with such Contract, the Owner irrevocably accepts these Conditions for themselves and their agents and for any parties on whose behalf they or their agents may act, and in particular but without prejudice to the generality of this Clause, they accept that the Company shall have the right to enforce against them jointly and severally any liability of the Customer under these Conditions or to recover from them any sums to be paid to the Company by the Customer which upon proper demand have not been paid.
- (a) Subject to Clauses 13 and 14 below, the Company shall be entitled to
procure any or all of its services as an agent or to provide these services as
(b) The offer and acceptance of an inclusive price for the accomplishment of any service or services shall not itself determine whether any such service is or services are to be arranged by the Company acting as agent or to be provided by the Company acting as a contracting principal.
(c) When 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 third parties so that direct contractual relationships are established between the Customer and such third parties.
(d) The Company shall on demand by the Customer provide evidence of any Contract entered into as agent for the Customer. Insofar as the Company may be in default of this obligation, it shall be deemed to have contracted with the Customer as a principal for the performance of the Customer’s instructions.
- When and to the extent that the Company has contracted as principal for the performance of any of its services, it undertakes to perform and/or in its own name to procure the performance of those services, and subject always to the totality of these Conditions and in particular to Clauses 26 - 29 hereof 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 Customer or Owner to take delivery of the goods.
- When and to the extent that the Company in accordance with these Conditions is acting as an agent on behalf of the Customer, it is acting in a customary manner. The Company shall be entitled, and the Customer hereby expressly authorizes the Company such entitlement, to enter into contracts on behalf of the Customer and the Owner:
- The carriage of goods by any route or means or Person,
- for the storage, packing, trans-shipment, loading, unloading or handling of the goods by any Person at any place and for any length of time,
- for the carriage or storage of goods in or on transport units as defined in sub clause 19 c. and with other goods of whatever nature, and
- to do such acts as may in the opinion of the Company be reasonably necessary in the performance of its obligations in the interests of the Customer and the Owner.
(b) The Company shall be entitled at the expense of the Customer to obtain an order by the competent UAE Court to dispose of perishable goods or non-delivered goods as defined by sub clause 12 a. here in as the Court thinks fit.
(b) Insofar as the Company agrees with the Customer 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 Clause 29 hereof.
(b) The Company shall not be under any liability in respect of such arrangements as are referred to under Sub-Clause a. hereof save where such arrangements are made in writing.
(c) 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 of or damage to goods.
(b) The Company may at any time waive its rights and exemptions from liability under Sub-Clause a. above in respect of any one or more of the categories of goods mentioned herein or any part of any category. If such waiver is not in writing, the onus of proving such waiver shall be on the Customer.
(a) That the description and particulars of any goods furnished by or on behalf of the Customer are full and accurate.
(b) That all goods have been properly and sufficiently prepared, packed, stowed, labeled and/or marked, and that the preparation, packing, stowage, labeling and marking are appropriate to any operations or transactions affecting the goods and the characteristics of the goods.
(c) That where the Company receives the goods from the Customer already stowed in or on a container, trailer, tanker, or any other device specifically constructed for the carriage of goods by land, sea or air (each hereafter individually referred to as the “transport unit”), the transport unit is in good condition, and is suitable for the carriage to the intended destination of the goods loaded therein or thereon.
(a) All liability, loss, damage, costs and expenses whatsoever (including without prejudice to the generality of the foregoing, all duties, taxes, imposts, levies, deposits and outlays of whatsoever nature levied by any authority in relation to the goods) arising out of the Company’s action in accordance with the Customer’s instructions or arising from any breach by the Customer of any warranty contained in these Conditions of from the negligence of the Customer, and
(b) Without derogation from Sub-Clause a. above, any liability assumed or incurred by the Company when by reason of carrying out the Customer’s instructions the Company has reasonably become liable or may become liable to any other party, and
(c) All claims, costs and demands whatsoever and by whomsoever made in excess of the liability of the Company under the terms of these Conditions regardless of whether such claims, costs and demands arise from or in connection with the negligence or breach of duty of the Company its servants, sub-contractors or agents, and any claim of a General Average nature which may be made on the Company.
(b)In respect of all sums which are overdue the Customer shall be liable to pay to the Company interest calculated at 2% above the Base Rate for the time being of the UAE Central bank.
LIABILITY AND LIMITATION
(a) strike, lock-out, stoppage or restraint of labour, the consequences of which the Company is unable to avoid by the exercise of reasonable diligence.
(b) any cause or event which the Company is unable to avoid and the consequences whereof the Company is unable to prevent by the exercise of reasonable diligence.
(b)above and Sub-Clause d. below the Company’s liability howsoever arising and notwithstanding that the cause of loss or damage be unexplained shall not exceed.
(i) In the case of claims for loss or damage to goods: -
(a) the value of any goods lost or damaged, or
(b) a sum at the rate of Dirhams 3 (three) per kilo of gross weight of any goods lost or damaged, subject to a limit of Dirhams 5,000 (five thousand) per shipment, whichever shall be the least.
(ii) In case of all other claims: -
(a) the value of the goods the subject of the relevant transaction between the Company and its Customer, or
(b) a sum at the rate of Dirhams 3 (three) per kilo of the gross weight of the goods the subject of the said transaction, subject to a limit of Dirhams 5,000 (five thousand) per shipment, whichever shall be the least.
(a) The value of the goods shall be their value when they were or should have been shipped.
(b) Subject to sub clause 2 b. above, and Sub-Clause d. below, the Company’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 a special arrangement under Clause 28) to adhere to agreed departure or arrival dates shall not in any circumstances whatsoever exceed a sum equal to twice the amount of the Company’s charges in respect of the relevant transaction.
(c) Save in respect of such loss or damage as is referred to at Sub-Clause b. and subject to Sub-Clause 2 b. above and Sub-Clause d. below, 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. d) By special arrangement agreed in writing, the Company may accept liability in excess of the limits set out in Sub-Clauses a. to c. above upon the Customer agreeing to pay the Company’s additional charges for accepting such increased liability. Details of the Company’s additional charges will be provided upon request.
(b) If the Company acts as a principal in making an agreement for the carriage of goods by air, the following notice is hereby given: -
If the carriage involves an ultimate destination to or stop in a country other than the country of departure, the Warsaw Convention may be applicable and the Convention governs and in most cases limits the liability of carriers in respect of loss of or damage to cargo. Agreed stopping places are those places (other than the places of departure and destination) shown under requested routing and/or those places shown in the carriers’ timetables as scheduled stopping places for the route. The address of the first carrier is the airport of departure.