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PART I: GENERAL
CONDITIONS | |
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Application |
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1. |
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(A) |
Subject to sub-clause (B) below, all
services of the Company whether gratuitous or not are
subject to these Conditions. |
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(i) |
The provisions of Part I shall apply
to all such services. |
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(ii) |
The provisions of Part II shall only
apply to the extent that such Services
are
provided by the Company as agents. |
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(iii) |
The provisions of Part Ill shall only
apply to the extent that such services
are
provided by the Company as
principals. | |
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(B) |
Where a document bearing a title of or
including “bill of lading” (whether or not negotiable)or
“waybill” is issued by or on behalf of the Company and
provides that the Company contracts as carrier, the
provisions set out in such document shall be paramount
in so far as such provisions are inconsistent with these
Conditions. |
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(C) |
Every variation, cancellation or waiver of
these Conditions must be in writing signed by a Director
of the Company. Notice is hereby given that no other
person has or will be given any authority whatsoever to
agree to any variation, cancellation or waiver of these
Conditions. | |
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2. |
All services are provided by the Company as agents
except in the following circumstances where the Company acts
as principal: |
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(A) |
where the company performs any carriage,
handling or storage of Goods but only to the extent that
the carriage is performed by the Company itself or its
servants and the Goods are in the actual custody and
control of the Company, or |
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(B) |
where prior to the commencement of the
carriage of Goods the Customer in
writing demands
from the Company particulars of the identity, services
or
charges of persons instructed by the Company to
perform part or all of the
carriage, the Company
shall be deemed to be contracting as a principal in
respect of that part of the carriage in respect of which
the Company fails to give such particulars demanded
within 28 days of the Company's receipt of such demand,
or |
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(C) |
to the extent that the Company expressly
agrees in writing to act as a principal, or |
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(D) |
to the extent that the Company is held by a
court of law to have acted as a
principal | |
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3. |
Without prejudice to the generality of
clause |
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(A) |
the charging by the Company of a fixed price
for a service or services of whatsoever nature shall not
in itself determine or be evidence that the Company is
acting as an agent or a principal in respect of such
service or services; |
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(B) |
the supplying by the Company of their own or
leased equipment shall not in itself determine or be
evidence that the Company in acting as an agent or a
principal in respect of any carriage, handling or
storage of Goods; |
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(C) |
the Company acts as an agent where the
Company procures a bill of lading or other document
evidencing a contract of carriage between a person,
other than the Company, and the Customer or
Owner; |
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(D) |
the Company acts as an agent and never as a
principal when providing services in respect of or
relating to customs requirements, taxes, licenses,
consular documents, certificates of origin, inspection,
certificates and other similar
services. | |
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Definitions |
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4. |
In these conditions |
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(A) |
“Company” is an EIFFA member trading under
these conditions . |
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(B) |
“Customer' means any person at whose request
or on whose behalf the company provides a service
. |
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(C) |
“Person” includes any body or corporate
bodies . |
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(D) |
“Owner' includes the owner, shipper and
consignee of the goods and any other person who is or
may become interested in the goods and anyone acting on
their behalf . |
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(E) |
“Authority” A duly constituted legal or
administrative person acting within its legal powers and
exercising jurisdiction within any nation , state ,
municipality , port or airport |
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(F) |
“Goods” includes the cargo and any container
not supplied by or on behalf of the Company, in respect
of which the Company provides a service; |
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(G) |
“Container' includes any container, flexi
tank, trailer, transportable tank, flat, pallet or any
article of transport used to carry or consolidate goods
and any equipment of or connected thereto. |
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(H) |
“Dangerous Goods” includes goods which are
or may become of a dangerous inflammable, radio-active
or damaging nature and goods likely to harbor or
encourage vermin or other pests; |
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(I) |
“Hague Rules” means the provisions of the
International Convention for the Unification of certain
rules Relating to Bills of Lading signed at Brussels on
25th August 1924. |
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(J) |
“Instructions” means a statement of the
Customers specific
requirements | |
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5. |
Customer warrants that he is either the
Owner or the authorized agent of the owner of the goods and
that he is authorized to accept and is accepting these not
only for himself but also as agent for and on behalf of the
Owner of the goods. |
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6. |
The Customer warrants that he has reasonable
knowledge of matters affecting the conduct of his business ,
including but not limited to the terms of sale and purchase of
the goods and all other matters relating thereto. |
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7. |
The Customer shall give sufficient and executable
instructions. |
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8. |
The Customer warrants that the description and
particulars of the Goods are complete and
correct. |
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9. |
The Customer warrants that the Goods are properly
packed and labeled, except where the Company has accepted
instructions in respect of such services. |
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Special Instructions, Goods and
Services |
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10. |
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(A) |
Unless otherwise previously agreed in
writing, the Customer shall not deliver
to the
Company or cause the Company to deal with or handle
Dangerous Goods. |
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(B) |
If the Customer is in breach of sub-clause
(A) above he shall be liable for all loss or damage
whatsoever caused by or to or in connection with the
Goods howsoever arising and shall defend, indemnify and
hold harmless the Company against all penalties, claims,
damages, costs and expenses whatsoever arising in
connection therewith and the goods may without notice be
destroyed or otherwise dealt with at the sole discretion
of the
Company or any other person in whose custody
they may be at the relevant time, |
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(C) |
If the Company agrees to accept Dangerous
Goods and then in the opinion of the Company or any
other person they constitute a risk to other goods,
property, life or health they may without notice be
destroyed or otherwise dealt with at the expense of the
Customer or Owner. | |
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11. |
The Customer undertakes not to tender for
transportation any Goods which require temperature control
without previously giving written notice of their nature and
particular temperature range to be maintained and in the case
of a temperature controlled Container stuffed by or on behalf
of the Customer further undertakes that the Container has been
properly pre-cooled or preheated as appropriate, that the
Goods have been properly stuffed in the container and that its
thermostatic controls have been properly set by the Customer.
If the above requirements are not complied with the Company
shall not be liable for any loss of or damage to the Goods
caused by such non-compliance. |
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12. |
No insurance will be effected except upon express
instructions given in writing by the Customer and all
insurances effected by the Company are subject to the usual
exceptions and conditions of the policies of the insurance
Company or underwriters taking the 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 or general policy. The Company
is an agent in respect of the effecting of insurance and
should the insurers dispute their liability for any reason the
insured shall have recourse against the insurers only and the
Company shall not be under any responsibility or liability
whatsoever in relation thereto notwithstanding that the
premium upon the policy may not be at the same rate as that
charged by the Company or paid to the Company by its
customers. |
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13. |
Except in accordance with express instructions
previously received in writing and accepted in writing by the
Company, the Company shall not be obliged to make any
declaration for the purposes of any statute, convention or
contract as to the nature of value of any Goods or as to any
special interest in delivery. |
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14. |
Unless otherwise previously agreed in writing or
otherwise provided for under the provisions of a document
signed by the Company, instructions relating to the delivery
or release of Goods against payment or against surrender of a
particular document shall be in writing and the Company's
liability shall not exceed that provided for in respect of
misdelivery of Goods. |
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15. |
Unless otherwise previously agreed in writing that
the Goods shall depart or arrive by a particular date, the
Company accepts no responsibility for departure or arrival
dates of Goods. |
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General Indemnities |
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16. |
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(A) |
(A) The Customer and Owner shall defend,
indemnify and hold harmless the Company against all
liability, loss, damage, costs and expenses arising from
(i) from the nature of the goods unless caused by the
Company's negligence, (ii) out of the Company acting in
accordance with the Customer's or Owner's instructions,
or (iii) arising from a breach of warranty or obligation
by the Customer or arising from the negligence of the
Customer or Owner, |
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(B) |
Except to the extent caused by the Company's
negligence, the Customer and
owner shall be liable
for and shall defend, indemnify and hold harmless the
company in respect of all duties, taxes, imposts,
levies, deposits and outlays of whatsoever nature levied
by any Authority and for all payments, fines, costs,
expenses, loss and damage whatsoever incurred or
sustained by the Company in connection
therewith. |
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(C) |
Advice and information, in whatever form it
may be given, are provided by the
Company for the
Customer only and the Customer shall defend, indemnify
and hold harmless the Company for all liability, loss,
damage, costs and expenses arising out of any other
person relying on such advice or information. |
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(D) |
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(i) |
The Customer undertakes that no claim
be made against any servant, sub-contractor or
agent of the Company which imposes or attempts to
impose upon any of them any liability whatsoever
in connection with the Goods, if any such claim
should nevertheless be made, to indemnify the
Company against all consequences
thereof. |
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(ii) |
Without prejudice to the foregoing,
every such servant, sub-contractor or agent shall
have the benefit of all provisions herein, as if
such provisions were expressly for their benefit.
In entering into this contract the Company, to the
extent of those provisions, does so not only on
his behalf, but as agent and trustee for such
servants, sub-contractors and agents. |
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(iii) |
The Customer shall defend, indemnify
and hold harmless the Company from and against all
claims, costs and demands whatsoever and by
whomsoever made or preferred in excess of the
liability of the Company under the terms of these
Conditions and without prejudice to the generality
of this clause this indemnity shall cover all
claims, costs and demands arising from or in
connection with the negligence of the Company, its
servants, subcontractors and agents. |
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(iv) |
In this clause, sub-contractors”
includes direct and indirect subcontractors and
their respective servants and
agents. | |
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(E) |
The Customer shall be liable for the loss,
damage, contamination, soiling, detention or demurrage
before, during and after the Carriage of property
(including, but not limited to, Containers) of the
Company of any person or vessel referred to in (D) above
caused by the Customer or Owner or any person acting on
behalf of either of them or for which the Customer is
otherwise responsible. | |
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17. |
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(A) |
The Customer shall pay to the Company in
cash or as agreed all sums immediately when due without
deduction or deferment on account of any claim,
counterclaim or set-off. |
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(B) |
When the Company is instructed to collect
freight, duties, charges or other expenses from any
person other than the Customer, the Customer shall be
responsible for the same on receipt of evidence of
demand and non payment by such other person when
due. |
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(C) |
On all amounts overdue to the Company, the
Company shall be entitled to interest, calculated at 4
per cent above base rate of the Central Bank of Egypt
applicable during the period that such amounts are
overdue. | |
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Liberties and Rights of Company |
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18. |
The Company shall be entitled, except insofar as
has been otherwise agreed in writing, to enter into contracts
on behalf of itself or the Customer and without notice to the
Customer |
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(A) |
for the carriage of Goods by any route,
means or person, |
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(B) |
for the carriage of Goods of any description
whether containerized or not on or
under the deck of
any vessel, |
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(C) |
for the storage, packing, transshipment,
loading, unloading or handling of Goods by any person at
any place whether on shore or afloat and for any length
of time, |
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(D) |
for the carriage or storage of Goods in
containers or with other goods of whatever
nature, |
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(E) |
for the performance of its own obligations,
and to do such acts as in the opinion of the Company may
be necessary or incidental to the performance of the
Company's obligations. | |
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19. |
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(A) |
The Company shall be entitled but under no
obligation, to depart from the Customer's instructions
in any respect if in the opinion of the Company there is
good reason to do so in the Customer's interest and it
shall not thereby incur any additional
liability. |
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(B) |
The Company may at any time comply with the
orders or recommendations given by any Authority. The
responsibility of the Company in respect of the Goods
shall cease on the delivery or other disposition of the
Goods in accordance with such orders or
recommendations. | |
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20. |
If at any time the performance of the Company's
obligations, in the opinion of the Company or any person whose
services the Company makes use of, is or is likely to be
affected by any hindrance, risk, delay, difficulty or
disadvantage whatsoever and which cannot be avoided by
reasonable endeavors by the Company or such other person, the
Company may, on giving notice in writing to the Customer or
Owner or without notice where it is not reasonably possible to
give such notice, treat the performance of its obligations as
terminated and place the Goods or any part of them at the
Customer or Owner's disposal at any place which the Company
may deem safe and convenient, whereupon the responsibility of
the Company in respect of the Goods shall cease. The Customer
shall be responsible for any additional costs of carriage to
and delivery and storage at such place and all other expenses
incurred by the Company. |
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21. |
If delivery of the Goods or any part thereof is
not taken by the Customer or Owner at the time and place when
and where the Company, or any person whose services the
Company makes use of, is entitled to call upon the Customer or
Owner to take delivery thereof, the Company or such other
person shall be entitled to store the Goods in the open or
under cover at the sole risk and expense of the
Customer. |
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22. |
Notwithstanding clauses 20 and 21, the Company
shall be entitled but under no obligation at the expense of
the Customer payable on demand and without any liability to
the Customer or Owner, to sell or dispose of |
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(A) |
on giving 21 days notice in writing to the
Customer all Goods which in the opinion of the Company
cannot be delivered as instructed, and |
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(B) |
without notice Goods which have perished,
deteriorated or altered, or are in immediate prospect of
doing so in a manner which has caused or may be
reasonably expected to cause loss or damage to any
person or property or to contravene applicable
regulations. | |
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23. |
The Company shall have a particular and general
lien on all Goods or documents relating to Goods in its
possession for all sums 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 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. |
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24. |
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. |
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25. |
The company shall have the right to enforce
against the Owner and the Customer jointly and severally any
liability of the Customer under these Conditions or to recover
from them any sums to be paid by the Customer which upon
demand have not been paid. |
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Containers |
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26. |
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(A) |
If a Container has not been packed nor
stuffed by the Company, the Company shall not be liable
for loss of or damage to the contents if caused
by: |
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(i) |
the manner in which the Container has
been packed or stuffed, |
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(ii) |
the unsuitability of the contents for
carriage in containers, unless the Company has
approved the suitability. |
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(iii) |
the unsuitability or defective
condition of the Container provided that where the
Container has been supplied by or on behalf of the
Company this paragraph (iii) shall only apply if
the unsuitability or defective condition arose (a)
without any negligence on the part of the Company
or (b) would have been apparent upon reasonable
inspection by the Customer or Owner or person
acting on behalf of either of them, |
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(iv) |
if the Container is not sealed at the
commencement of the Carriage except where the
Company has agreed to seal the
Container. | |
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(B) |
The Customer shall defend, indemnify and
hold harmless the Company against all liability, toss,
damage, costs and expenses arising from one or more of
the matters covered by (A) above except for (A)(iii)(a)
above. |
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(C) |
Where the Company is instructed to provide a
Container, in the absence of a written request to the
contrary, the Company is not under an obligation to
provide a Container of any particular type or
quality. | |
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General Liability |
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27. |
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(A) |
Except insofar as otherwise provided by
these Conditions, the Company shall not be liable for
any loss or damage whatsoever arising from: |
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(i) |
the act or omission of the Customer or
Owner or any person acting on their
behalf, |
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(ii) |
compliance with the instructions given
to the Company by the Customer, Owner or any other
person entitled to give them, |
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(iii) |
insufficiency of the packing or
labeling of the Goods except where such service
has been provided by the Company, |
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(iv) |
handling, loading, stowage or
unloading of the Goods by the Customer or Owner or
any person acting on their behalf, |
| (v) |
inherent vice of the
Goods, |
| (vi) |
riots, civil
commotions, strikes, lockouts, stoppage or
restraint of labour from whatsoever cause, |
| (vii) |
fire, flood or storm
or |
| (viii) |
any cause which the
Company could not avoid and the consequences
whereof it could not prevent by the exercise of
reasonable diligence. | |
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(B) |
Subject to clause 15, howsoever caused the
Company shall not be liable for loss or damage to the
property other than the Goods themselves, indirect or
consequential loss or damage, loss of profit, delay or
deviation, | |
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Amount of Compensation |
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28. |
Except insofar as otherwise provided by these
Conditions, the liability of the Company, howsoever arising,
and notwithstanding that the cause of loss or damage be
unexplained shall not exceed the following |
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(A) |
in respect of all claims other than those
subject to the provisions of sub-clause (C) below,
whichever is the least of |
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(i) |
the value of, or SDR 666,67 per
package or unit or |
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(ii) |
2 (two) special drawing rights ( SDRs
) per gross kilogram of the Goods, lost, Damaged,
misdirected, misbelieved or in respect of which a
claim arises. | |
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(B) |
The SDR shall be defined by the
international monetary fund and the value of a SDR shall
be calculated as at the date when settlement is agreed
or judgment |
| (C) |
In respect of claims for
delay where not excluded by the provisions of these
Conditions, the amount of the Company's charges in
respect of the Goods delayed. | |
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29. |
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(A) |
Compensation shall be calculated by
reference to the invoice value of the Goods plus freight
and insurance if paid, |
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(B) |
If there be no invoice value for the Goods,
the compensation shall be calculated by reference to the
value of such Goods at the place and time when they are
delivered to the Customer or Owner or should have been
so delivered. The value of the Goods shall be fixed
according to the current market price or, if there be no
commodity exchange price or current market price, by
reference to the normal value of goods of the same kind
and quality. | |
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30. |
By special agreement in writing and on payment of
additional charges, higher compensation may be claimed from
the Company not exceeding the value of the Goods or the agreed
value, whichever is the lesser. |
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Notice of loss, Time Bar |
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31. |
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(A) |
The Company shall be discharged of all
liability unless: |
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(i) |
notice of any claim is received in
writing by the Company or its agent within 14 days
after the date specified in (B) below, or within a
reasonable time after such date if the Customer
proves that it was impossible to so notify,
and |
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(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. | |
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(B) |
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(i) |
in the case of loss or damage to
Goods, the date of delivery of the
Goods, |
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(ii) |
in the case of delay or non-delivery
of the Goods, the date that the Goods should have
been delivered, |
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(iii) |
in any other case, the event giving
rise to the
claim. | | |
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General Average |
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32. |
The Customer shall defend, indemnify and hold
harmless the Company in respect of any claims of a General
Average nature which may be made on the Company and the
Customer shall provide such security as may be required by the
Company in this connection. |
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Miscellaneous |
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33. |
Any notice served by post shall be deemed to have
to be given on the third day following the day on which it was
posted to the address of the recipient of such notice last
known to the Company. |
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34. |
The defenses and limits if liability for by these
Conditions shall apply in any action against the Company
whether such action be founded in contract or tort. |
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35. |
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 immunities or as an
increase of any of its responsibilities or liabilities under
such legislation and if any part or 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. |
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36. |
Headings of clauses or groups in these Conditions
are for indicative purposes only. |
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Jurisdiction and Law |
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37. |
These Conditions and any claim or dispute out of
or in connection with the
services of the Company shall be
subject to Egyptian law and the exclusive
jurisdiction of
the Egyptian courts. |
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PART II: COMPANY AS
AGENT | |
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Special Liability and Indemnity
Conditions |
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38. |
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(A) |
To the extent that the Company acts as an
agent, the Company does not make or purport to make any
contract with the Customer for the carriage, storage or
handling of the Goods nor for any other physical service
in relation to them and acts solely on behalf of the
Customer in securing such services by establishing
contracts with third parties so that direct contractual
relationships are established between the Customer and
such third parties. |
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(B) |
The Company shall not be liable for the acts
and omissions of such third parties referred to in
sub-clause (A) above. | |
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39. |
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(A) |
The Company when acting as an agent has the
authority of the Customer to enter into contracts on the
Customers behalf and to do such acts so as to bind the
Customer by such contracts and acts in all respects
notwithstanding any departure from the Customers
instructions. |
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(B) |
Except to the extent caused by the Company's
negligence, the Customer shall defend, indemnify and
hold harmless the Company in respect of all liability,
loss, damage, costs or expenses arising our of any
contracts made in the procurement of the Customers
requirements in accordance with clause
38. | |
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Choice of Rates |
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40. |
Where there is a choice of rates according to the
extent or degree of liability assumed by persons carrying,
storing, handling the Goods, no declaration of value where
optional will be made unless otherwise agreed in
writing. |
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PART III: COMPANY AS
PRINCIPAL | |
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Special Liability Conditions |
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41. |
To the extent that the Company contracts as
principal for the performance of the Customer's instructions,
the Company undertakes to perform or in its own name to
procure the performances of the Customer's instructions and
subject to the provisions of these Conditions shall be liable
for the loss of or damage to the Goods occurring from the time
that the Goods are taken into its charge until the time of
delivery. |
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42. |
Notwithstanding other provisions in these
Conditions, if it can be proved where the loss of or damage to
the Goods occurred, the Company's liability shall be
determined by the provisions contained in any international
convention or national law, the provisions of which |
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(A) |
cannot be departed from by private contract,
to the detriment of the claimant, and |
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(B) |
would have applied if the claimant had made
a separate and direct contract with the actual provider
of the particular service in respect of that service or
stage of carriage where the loss or damage occurred and
received as evidence thereof any particular document
which must be issued if such international convention or
national law shall apply. | |
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43. |
Notwithstanding other provisions in these
Conditions, if it can be proved that the loss of or damage to
the Goods occurred at sea or inland waterway and the
provisions of clause 42 do not apply, the Company's liability
shall be determined in accordance with the Hamburg rules 1978
in the countries where such rules are compulsorily applicable
, otherwise the company's liability shall be determined by the
Hague Rules. Reference to the Hamburg Rules or the Hauge rules
,as the case may be , to carriage by sea should deem to
include reference to carriage by inland waterways and the
Hamburg or Hague rules shall be construed accordingly
. |
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44. |
Notwithstanding the provisions of clause 42 if the
loss of or damage to the Goods occurred at sea or on inland
waterways, and the Owner, Charterer or operator of the vessel
establishes a limitation fund, the liability of the Company
shall be limited to the proportion of the said limitation fund
allocated to the Goods. |
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45. |
Air Carriage:
If the Company acts as a
principal in respect of a carriage of Goods by air, the
following notice is hereby given:
If the carriage involves
an ultimate destination 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 place (other than the
places of departure and destination) shown under requested
routing and/or those places shown in carriers' timetables as
scheduled stopping places for the route, The address of the
first carrier is the airport of departure.ces for the route,
The address of the first carrier is the airport of
departure. |
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46. |
Both to Blame Collision Clause:
The current
Both-to-Blame Collision Clause adopted by BIMCO is
incorporated in these conditions. |
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