1st Move International and Autoshippers trade under the Standard Trading Conditions as approved by the British International Freight Association (BIFA).


Insurance Terms for Marine Insurance can be found below the introduction and key points. You can
Jump to our main standard trading terms by clicking here

Motor Vehicle Insurance Terms for our Marine Insurance Policy.


Download PDF: Full Summary of Cover for Motor Vehicles PDF

Introduction and summary of our terms and conditions

We are bound by our trading body to ensure that both us as a company and you as the customer understand and agree to our trading conditions before we can ship your vehicle. These trading conditions are approved by our governing body The British International Freight Association, of which we are members.

We encourage all our customers to read our terms and conditions in full however we do understand that terms and conditions for most companies can be overly worded so according to the UK Governments best practice guide we have summarised the key points which we feel better explain, in plain English, the key points under which we trade.

Key points on Insurance & Limited Liability

Our marine insurance policy is issued on behalf of insurance giants Royal Sun Alliance through our marine brokers Basil Fry & Company. A brief summary of key points of cover as follows:

  • Limited Liability and Insurance
    In the car shipping industry, limited liability is standard practice because the shipping company does not know the value of a customer's vehicle. In most cases our limited liability will not cover the value of your vehicle in the event of loss or damage.
    In order to protect your vehicle from the vagaries of international transport we therefore advise that insurance is mandatory for all vehicles booked with our company.

  • Insurance Exclusions
    Our Marine Transit Policy is an insurance policy to cover customer’s property against loss or damage whilst being moved and/or stored. This excludes loss or damage resulting from such things as wear & tear, gradual deterioration, insects, moth, vermin, rust, mildew, climatic or atmospheric conditions or extremes of temperature or depreciation resulting from repairs.

  • Denting, Scratching or Damage to your Vehicle
    Taking a “Standard” or “Super” cover insurance policy will provide protection against loss, theft and damage to your vehicle. A pre-shipment vehicle condition report is completed for all vehicles we ship. This ensures that, should your vehicle sustain any damage during shipment, your insurance cover can respond to claims for repair costs.

  • Restricted Cover Insurance
    When taking a “Restricted” cover insurance policy it is important to understand this will provide cover only in the event of total loss of your vehicle and does not provide any cover against potential damage.

  • Electrical or Mechanical Damage
    Unless as a direct result of physical damage being sustained to your vehicle, our Marine Transit Policy does not provide cover against any electronic or mechanical derangement.

  • Aftermarket Modifications and Non-Factory Fit Items
    Unless notified to us in advance of shipment, insurance cover does not extend to offer protection for any non-factory fitted or aftermarket modifications. If you require extended insurance cover on any non-factory fitted items or accessories, you must itemise and value these items separately to your vehicle itself.

  • Personal Effects Shipped in Vehicles
    We can provide insurance cover for personal effects shipped in vehicles, but this excludes breakage, scratching, denting, chipping, staining or tearing of owner packed effect unless caused by fire, stranding, sinking, collision or overturning of the vessel or conveyance. Also excluding claims for missing items from owner packed receptacles unless an itemised and valued list of contents is supplied to us prior to collection or delivery to our UK depot.

  • Other Costs Incurred
    Although your vehicle can be covered for loss or damages by taking our insurance cover, we cannot be held responsible for any indirect costs such as (but not limited to) hire car costs should you be without your car for repairs to be completed.

  • Claims Time Limit
    For vehicles shipped by us claims must be notified within 30 days of delivery to the destination shown on your insurance certificate or within 30 days of the scheduled delivery date in the event of non-delivery.

A few other key points

Sailing and arrival times.
At all times the company uses reputable, long standing carriers and whenever possible the company will endeavour to meet with preferred collection dates and first available scheduled departures from the UK. Notwithstanding this there are occasions when we are unable to meet an intended vessel, these include random UK customs inspections prior to shipment which may delay loading to the vessel. Bad weather resulting in vessel delays or change of schedules or deviation to shipment routings by the shipping lines. Periods of high customer activity resulting in restricted space or equipment availability. Please check with us to confirm your anticipated shipping dates.

These are examples of circumstances over which we have no control and as such the company, like all other freight companies, cannot guarantee arrival times when shipping goods by sea and as such cannot be held responsible for any costs incurred due to late arrival of your vehicle. For example, we cannot compensate you for vehicle hire costs at destination.

Variations in Shipping Rates
All rates are correct at the time of quoting. Shipping lines can issue General Rate Increases or Surcharges at any point. If additional costs are implemented after quotation these will need to be passed back to the customer.

Overseas Customs Authorities. Your responsibility.
We have absolutely no control over overseas customs authorities or border control agencies. Customs authorities have the right to exam any goods crossing their borders and have no obligation to facilitate this process quickly. It is up to the client to properly declare their goods according to the laws and regulations in their arriving country. We cannot be held responsible for any changes that Customs authorities make to their procedures that may incur delay and additional costs for our customers. Whilst we have overseas agents who can assist in facilitating customs clearance procedures neither they, nor 1st Move International, can intervene if a shipment is delayed due to customs intervention. Neither can the company be held responsible for any costs involved in such delays.

Insurance Terms and Conditions
Summary of Cover – Customers’ Goods Insurance - Marine

Company: Royal & Sun Alliance Plc.
Product: ‘Flexicover‘ Marine Transit Insurance Policy

Overview
The ‘Flexicover’ Marine Transit Policy is a dedicated insurance policy for Movers to cover customers’ property against loss or damage whilst being moved and/or stored. This Summary of Cover is for your guidance and explains both the principles of the cover and the terms and conditions of the insurance. If you fulfil the obligations noted herein you will become the beneficiary of the Mover’s policy, subject to all terms and conditions noted below. In this document, “we”, “us” and “our” means the Insurer. “You” and “your” means the beneficiary of this cover. Your Mover is not able to provide any advice regarding the suitability of this cover and cannot provide any additional information other than what is contained within this document.

What is covered?

  • COVER
    • Subject to the INSURANCE COVER selected on the Certificate, the scope of cover provided is as follows
    • SUPER COVER: provides cover for physical loss and/or damage to your property except for the exclusions listed herein.
    • STANDARD COVER: is as per SUPER COVER, but subject to you bearing an excess of 1% of the total value declared by you, subject to a minimum of £25 and a maximum of £250.
    • RESTRICTED COVER: only provides cover for total loss of the complete consignment or an individual carton or package detailed on the inventory subject to the exclusions listed below.
  • You are entitled to claim against the Mover for any loss or damage, up to the value declared to the Mover, other than items and causes specifically excluded or restricted as stated within this Summary of Cover
  • The settlement of any claim shall be by replacement, repair and/or compensation at Insurers’ option. Insurers will take into consideration the age, quality, degree of use and consequent market value of the items when calculating settlement.
  • This insurance is a policy of indemnity and therefore does not provide ‘new for old’ cover.
  • Cover is restricted to the reasonable cost of repair and no claim will attach for depreciation consequent upon such repair
  • In respect of documents, the basis of claims settlement shall be limited to the physical cost of replacing the documents and/or cost of reprinting, re-issue and/or reconstitution but excluding the value of the information contained thereon.
  • Packing and shipping costs are covered in the event of the total loss of your consignment, subject to you declaring these costs in your valued inventory

Are there any restrictions on cover?

  • Average: If you fail to declare the full indemnity value of the property you have elected to cover, in the event of loss or damage you will only be entitled to recover from the insurers the proportion of the loss that the declared value of the lost or damaged item(s) bears to its actual indemnity value at destination.
  • Non Contribution: If at the time of loss there is other insurance in force this cover shall only respond to the extent that losses are not recoverable under the other insurance
  • Insurers’ Rights: Subject to payment of the actual value of a damaged item by Insurers, they may at their discretion take over ownership of the property. No property may be abandoned to Insurers.
  • Fragile items: Fragile items must not make up more than 30% of the total value of the consignment without first referring to your Mover

Where am I covered?

  • Cover is in force while property is in the custody and control of the Mover for transit and/or storage, subject to you declaring the value of your effects to the Mover.
  • Cover is extended to include temporary storage in the ordinary course of transit and terminates either on completion of unloading from the carrying vehicle in or at the final place of storage named in the contract, or on the expiry of 60 days after completion of discharge overside of the insured items from the carrying vehicle, whichever shall first occur.
  • Law & Jurisdiction: English Law and the exclusive jurisdiction of the High Court of Justice, England will apply

What is not covered?

  • Any items not listed on the supplied valuation form.
  • Excluded Property
    Mobile phones; furs valued at over £100; jewellery; watches; precious stones; precious metals; money; deeds, bonds, securities; stamps, coins or goods or collections of any similar kind; manuscripts or other documents; wines and spirits; perfumery; tobacco products; foodstuffs; live animals; plants, trees and shrubs; perishable goods of any kind and /or those requiring a controlled environment; firearms and explosive items; drugs; Loss of data records other than the cost of blank data carrying materials.
  • Loss of or damage to china, glassware and fragile items unless they have been both professionally packed and unpacked by the Mover or their subcontractor. In the event of an accident involving an owner packed container where damage would have occurred irrespective of the quality of the packing, then Insurer’s liability is limited to £100 or its actual value whichever is less
  • Accidental damage or theft where collection and delivery into storage is not handled by the Mover.
  • Loss or damage caused by wear and tear, gradual deterioration inherent vice or latent defect
  • Loss, damage or expense attributable to your wilful misconduct.
  • Loss or damage caused by moth, insect and vermin.
  • Loss or damage caused by ordinary leakage, ordinary loss in weight or volume, evaporation or nature of the property removed and/or stored.
  • Loss or damage caused by leakage of liquid from any receptacle or container
  • Loss of structural integrity of furniture constructed of particle board resulting from crumbling of the board.
  • Any financial loss other than loss, destruction or damage to the property insured.
  • Damage resulting from property being moved under your express instructions against the Mover‘s advice.
  • Pairs & Sets Exclusion: If a claim is made for an item which is part of a pair or set, then Insurers will only pay the indemnity value of that item in isolation. The payment will be made without reference to any particular value the item might have acquired simply because it is part of a pair or set.
  • Mould & Mildew Exclusion: Loss or damage caused by mildew, mould, extremes of temperature or other atmospheric conditions
  • Electrical, Electronic or Mechanical Derangement Exclusion: Electrical, electronic or mechanical derangement to any electrical, electronic or mechanical items, unless external physical damage has occurred, or as a result of fire, derailment, collision or overturning of the conveying vessel, vehicle or aircraft. Any loss of or damage to electronic equipment resulting from configuration failure of the controlling software and/or microchip.
  • In respect of Motor Vehicles and Boats: Scratching, bruising, denting, marring and subsequent cost of repainting, rust, oxidisation and discolouration unless a preshipment condition report is completed prior to shipment; Risks whilst under own power except whilst loading to/from the shipping container or carrying conveyance; Theft of accessories, personal effects and tool kits but including loss of accessories if factory fitted.
  • Loss or damage from or liability or expense directly or indirectly caused by or contributed to, by, or arising from Radioactive Contamination, Biological, BioChemical and Electromagnetic Weapons; Loss or destruction or damage directly occasioned by pressure waves caused by aircraft and other aerial devices travelling at sonic or supersonic speeds; Loss, damage, expense or liability of whatever nature arising out of or in any way connected with Cyber Attack whether directly or indirectly;Loss or damage directly or indirectly occasioned by happening through or in consequence of war, invasion, acts of foreign enemy hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military or usurped power or confiscation or nationalisation or requisition or destruction of or damage to property by or under the order of any government or public or local authority; Loss or damage in respect of goods in storage caused by or resulting from Acts of Terrorism or any person(s) acting from a political motive.

What are my obligations?

  • To benefit from this cover you are required to accept the appropriate option shown on the Mover‘s estimate or quotation form, provide a full valued inventory on the supplied valuation form and to pay all charges in full. Any items you fail to list will not be covered.
  • You must declare the value of your property at its current used value taking into account condition and age. The cover provided is not on a ‘new for old‘ basis. It is essential that you do not under value your property as the settlement of any claim may be reduced. Please do not ask your Mover for guidance about your valuation. The responsibility for declaring the correct value is yours
  • The value(s) declared on the inventory provided must represent the indemnity replacement value(s) at destination.
  • You must make sure that any particular items that have an above-average value (in comparison to similarly grouped items) are listed separately
  • Any single item with a value exceeding £1,500 must be separately listed.
  • You must provide a copy of your completed valuation form/inventory to the Mover as soon as possible. You will then be issued with a Certificate. You must check your Certificate to ensure it has been issued correctly and advise your Mover immediately if there are any errors.
  • If you do not wish to benefit from this protection, any responsibility the Mover may have to you for loss or damage will be governed by their Trading Conditions which may limit both the circumstances and amounts available for compensation.
  • Claims must be notified to the Mover within thirty days of delivery, or by the scheduled delivery date in the event of non-delivery to the destination. Any claims submitted after this period has elapsed may be jeopardised.

When and how do I pay?

  • You must pay all charges due to your Mover in full before you can benefit from this cover. Please be aware that any insurance related charges are fees to cover the cost of administering the arrangement of this protection for you.

When does the cover start and end?

  • Cover is effective from the time your property is professionally packed and /or uplifted from your residence or business location for the commencement of transit and continues, including storage if any, until the Property is professionally delivered to the final destination named on the Certificate including temporary storage in the ordinary course of transit of not more than 60 days after the arrival of the conveying vessel or aircraft. Subject to prior agreement by insurers and payment of additional charges, the period of cover may be extended to include property stored at a rental.
  • If the goods are professionally unpacked, cover is extended to include the period of professional unpacking, provided this takes place within 7 days of delivery
  • Cover includes the loading and unloading of Customers’ vehicles whilst being driven under their own power on and off the Movers‘ transporting vehicle.
  • In respect of Motor Vehicles and Boats, cover ceases upon discharge from the shipping company’s care, custody or control unless the vehicle or boat remains in a shipping container to the final agreed destination, or the vehicle or boat is conveyed by a commercial carrier to the final destination agreed.

How do I cancel the cover?

  • You may cancel the contract by giving notice to the Mover prior to any packing of goods and/or commencement of the move taking place. You may not cancel cover after packing and/or move has commenced unless goods are placed into storage for more than one month in which case notice of cancellation must be issued to the Mover prior to removal from storage.

What if I have a claim?

  • You should report any loss or damage to your Mover as soon as possible and no later than 30 days after taking delivery or the scheduled delivery date. You will be issued with a claim form to complete and return to the Mover, who will send it to the Insurers and/or their claims settling agent.
  • The following information will be required: Your name and contact details; Your certificate number; The name of the Mover with whom your original contract was made; Estimates for repairs or replacement; As many details as possible regarding your loss and/or damage.
  • If no response is received within a reasonable time, please contact the Insurers‘ claims settling agent directly:
    • RCS,
      Swan House, Swan Centre, Leatherhead, Surrey, KT22 8AH, United Kingdom
      Tel: +44 (0) 1372 385970 Email: info@removalclaims.co.uk
  • The above notification period is important both for you and Insurers. Where a claim is notified late, it may prejudice your / Insurers position and affect how the claim is considered. Your claim will be dealt with as quickly as possible. To enable claims to be dealt with promptly you should:
    • Only claim for items that are lost or damaged and covered by the policy,
    • Provide all available supporting documents without delay,
    • Submit repair estimates, evidence of original/replacement purchase price and photographs of any damage with your claim form.
  • If any claim is found to be fraudulent in any respect, this cover shall become void and all claims shall be forfeited

Complaints Notice

  • Both Insurers and their claims settling agents, RCS, make every effort to provide a good service to customers who are entitled to claim from this cover. If on any occasion service falls below the standard you would expect, we would like the opportunity to offer additional support to put things right. In order for us to resolve your grievance promptly, we ask you to follow the below procedure:
  • Contact the Adjuster handling your claim
  • If no satisfaction is obtained, please contact our Claims Manager directly:
    • Claims Manager, RCS
      Swan House, Swan Centre, Leatherhead, Surrey, KT22 8AH, United Kingdom
      Tel: +44 (0) 1372 385985, Email: info@removalclaims.co.uk
  • In the event you wish to pursue matters further you may be able to refer the matter to the Financial Ombudsman Service. Further details will be provided at the appropriate time.

British International Freight Association (BIFA)
Standard Trading Conditions
2021 Edition (England) © BIFA 2021

These Standard Trading Conditions (STC) are for the exclusive use of BIFA corporate members only. They provide safeguards for both the customer and the freight forwarder, and have the approval of representatives of shippers' organisations such as the Institute of Export and the British Shippers Council. These trading conditions are also registered with the Office of Fair Trading.


1st Move International Limited trade under the standard trading conditions of the British International freight Association. The "Company" named below is 1st Move International Limited. BIFA membership number 1884 (1999)


THE CUSTOMER'S ATTENTION IS DRAWN TO SPECIFIC CLAUSES HEREOF WHICH EXCLUDE OR LIMIT THE COMPANY'S LIABILITY AND THOSE WHICH REQUIRE THE CUSTOMER TO INDEMNIFY THE COMPANY IN CERTAIN CIRCUMSTANCES AND THOSE WHICH LIMIT TIME AND THOSE WHICH DEAL WITH CONDITIONS OF ISSUING EFFECTIVE GOODS INSURANCE BEING CLAUSES 8, 10, 11(A) AND 11(B) 12-14 INCLUSIVE, 18-20 INCLUSIVE, AND 24-27 INCLUSIVE

All headings are indicative and do not form part of these conditions

DEFINITIONS AND APPLICATION

1 In these conditions the following words shall have the following meanings:-

"Company"

the BIFA member trading under these conditions

"Consignee"

the Person to whom the goods are consigned

"Customer"

any Person at whose request or on whose behalf the Company undertakes any business or provides advice, information or services

"Direct Customs Agent"

the Company acting in the name of and on behalf of the Customer and/or Owner with H.M. Revenue and Customs ("HMRC") as defined the Taxation (Cross Border Trade) Act 2018, Clause 21.1(a), or as amended.

"Goods"

the cargo to which any business under these conditions relates

"Person"

natural person(s) or any body or bodies corporate

"SDR"

are Special Drawing Rights as defined by the International Monetary Fund

"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

"Owner"

the Owner of the Goods or Transport Unit and any other Person who is or may become interested in them



2(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 these conditions.

(B) If any legislation, to include regulations and directives, 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 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.

3 The Customer warrants that 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.

THE COMPANY

4(A) Subject to clauses 11 and 12 below, the Company shall be entitled to procure any or all of the services as an agent, or, to provide those services as a principal.

(B) The Company reserves to itself full liberty as to the means, route and procedure to be followed in the performance of any service provided in the course of business undertaken subject to these conditions.

5 When the Company contracts as a principal for any services, it shall have full liberty to perform such services itself, or, to subcontract on any terms whatsoever, the whole or any part of such services.

6(A) When the Company acts as an agent on behalf of the Customer, the Company shall be entitled, and the Customer hereby expressly authorises the Company, to enter into all and any contracts on behalf of the Customer as may be necessary or desirable to fulfil the Customer’s instructions, and whether such contracts are subject to the trading conditions of the parties with whom such contracts are made, or otherwise.

(B) The Company shall, within 14 days’ notice given by the Customer, provide evidence of any contract entered into as agent for the Customer. Insofar as the Company may be in default of the obligation to provide such evidence, it shall be deemed to have contracted with the Customer as a principal for the performance of the Customer’s instructions.

7 In all and any dealings with HMRC, for and on behalf of the UK established Customer and/or Owner, the Company is deemed to be appointed and duly empowered to act as a Direct Customs Agent only, to make Customs declarations in the name of the Customer (Principal) as their “Direct Agent”.

8(A) Subject to sub-clause (B) below,

the Company:

(i) has a general lien on all Goods and documents relating to Goods in its possession, custody or control for all sums due at any time to the Company from the Customer and/or Owner on any account whatsoever, whether relating to Goods belonging to, or services provided by or on behalf of the Company to the Customer or Owner. Storage charges shall continue to accrue on any Goods detained under lien;

(ii) shall be entitled, on at least 21 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) shall, upon accounting to the Customer for any balance remaining after payment of any sum due to the Company, 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.

(B) When the Goods are liable to perish or deteriorate, the Company's right to sell or dispose of or deal with the Goods shall arise immediately upon any sum becoming due to the Company, subject only to the Company taking reasonable steps to bring to the Customer's attention its intention to sell or dispose of the Goods before doing so.

9 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.

10(A) Should the Customer, Consignee or Owner of the Goods fail to take delivery at the appointed time and place when and where the company is entitled to deliver, the Company shall be entitled to store the Goods, or any part thereof, at the sole risk of the Customer or Consignee or Owner, whereupon the Company’s liability in respect of the Goods, or that part thereof, stored as aforesaid, shall wholly cease. The Company’s liability, if any, in relation to such storage, shall be governed by these conditions. All costs incurred by the Company as a result of the failure to take delivery shall be deemed as freight earned, and such costs shall, upon demand, be paid by the Customer.

(B) The Company shall be entitled at the expense of the Customer to dispose of or deal with (by sale or otherwise as may be reasonable in all the circumstances):-

(i) after at least 21 days’ notice in writing to the Customer, or (where the Customer cannot be traced and reasonable efforts have been made to contact any parties who may reasonably be supposed by the Company to have any interest in the Goods) without notice, any Goods which have been held by the Company for 60 days and which cannot be delivered as instructed; and

(ii) without prior notice, any Goods which 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 the Company, or third parties, or to contravene any applicable laws or regulations.

11(A) No insurance will be effected except pursuant to and in accordance with clearly stated instructions given in writing by the Customer and accepted in writing by the Company, and all insurances effected by the Company are subject to the usual exceptions and conditions of the policies of the insurers or underwriters taking the risk. Unless otherwise agreed in writing, the Company shall not be under any obligation to effect a separate insurance on the Goods, but may declare it on any open or general policy held by the Company.

(B) Insofar as the Company agrees to effect insurance, the Company acts solely as agent for the Customer, and the limits of liability under clause 26(A) of these conditions shall not apply to the Company’s obligations under clause 11.

12(A) Except under special arrangements previously made in writing by an officer of the Company so authorised, or made pursuant to or under the terms of a printed document signed by the Company, 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 the Company, where the Company has to engage third parties to effect compliance with the instructions, only as agents for the Customer.

(B) Despite the acceptance by the Company of 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 the Company, and, in the absence of evidence of payment (for whatever reason) by such Consignee, or other Person, the Customer shall remain responsible for such freight, duties, charges, dues, or other expenses.

(C) The Company shall not be under any liability in respect of such arrangements as are referred to under sub-clause (A) and (B) hereof save where such arrangements are made in writing, and in any event, the Company’s liability in respect of the performance of, or arranging the performance of, such instructions shall not exceed the limits set out in clause 26(A) (ii) of these conditions.

13 Advice and information, in whatever form it may be given, is provided by the Company for the Customer only. The Customer shall indemnify the Company against all loss and damage suffered as a consequence of passing such advice or information on to any third party.

14 Without prior agreement in writing by an officer of the Company so authorised, the Company 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, currency, securities, precious stones, jewellery, valuables, antiques, pictures, human remains, living creatures, plants. Should any Customer nevertheless deliver any such goods to the Company, or cause the Company to handle or deal with any such goods, otherwise than under such prior agreement, the Company shall have no liability whatsoever for or in connection with the goods, howsoever arising.

15 Except pursuant to instructions previously received in writing and accepted in writing by the Company, the Company will not accept or deal with Goods of a dangerous or damaging nature, nor with Goods likely to harbour or encourage vermin or other pests, nor with Goods liable to taint or affect other Goods. If such Goods are accepted pursuant to a special arrangement, but, thereafter, and in the opinion of the Company, constitute a risk to other goods, property, life or health, the Company shall, where reasonably practicable, contact the Customer in order to require him to remove or otherwise deal with the goods, but reserves the right, in any event, to do so at the expense of the Customer.

16 Where there is a choice of rates according to the extent or degree of the liability assumed by the Company and/or third parties, no declaration of value will be made and/or treated as having been made except under special arrangements previously made in writing by an officer of the Company so authorised as referred to in clause 26(D).

THE CUSTOMER

17 The Customer warrants:

(A) (i) that the following (furnished by on or behalf of the Customer) are full and accurate: the description and particulars of any Goods; any information furnished (including but not limited to, the nature, gross weight, gross mass (including the verified actual gross mass of any container packed with packages and cargo items), and measurements of any Goods); and the description and particulars of any services required by or on behalf of the Customer are full and accurate, and

(ii) that any Transport Unit and/or equipment supplied by the Customer in relation to the performance of any requested service is fit for purpose;

(B) that all Goods have been properly and sufficiently prepared, packed, stowed, labelled and/or marked, 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.

(C) that where the Company receives the Goods from the Customer already stowed in or on a 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;

(D) that where the Company provides the Transport Unit, on loading by the Customer, the Transport Unit is in good condition, and is suitable for the carriage to the intended destination of the Goods loaded therein, or thereon.

18 Without prejudice to any rights under clause 15, where the Customer delivers to the Company, or causes the Company to deal with or handle Goods of a dangerous or damaging nature, or Goods likely to harbour or encourage vermin or other pests, or Goods liable to taint or affect other goods, whether declared to the Company or not, he shall be liable for all loss or damage arising in connection with such Goods, and shall indemnify the Company against all penalties, claims, damages, costs and expenses whatsoever arising in connection therewith, and the Goods may be dealt with in such manner as the Company, or any other person in whose custody they may be at any relevant time, shall think fit.

19 The Customer undertakes that no claim shall be made against any director, servant, or employee of the Company which imposes, or attempts 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 the Company against all consequences thereof.

20 The Customer shall save harmless and keep the Company indemnified from and against

(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 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;

(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 become liable to any other party;

(C) 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, 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 the Company, its servants, sub-contractors or agents;

(D) any claims of a general average nature which may be made on the Company.

21(A) The punctual receipt in full of sums falling due from the Customer to the Company is critical to the operation of the Company’s business and its performance of its obligations to the Customer. Accordingly the Customer shall pay to the Company in cash, or as otherwise agreed, all sums when due, immediately and without reduction or deferment on account of any claim, counterclaim or setoff. Time is of the essence of payment of all and any sums payable by the Customer to the Company.

(B) In the event of any failure by the Customer to make full and punctual payment of any sum payable to the Company (in accordance with clause 21(A) above):

(i) Any and all other sums properly earned by and/or otherwise due to the Company (but which, but for this clause 21(B), would otherwise not yet be payable by the Customer, whether by virtue of an agreed credit period or otherwise) shall become immediately payable in full; and

(ii) Any sum thereby becoming immediately payable shall be paid to the Company in cash, or as otherwise agreed, and without reduction or deferment on account of any claim, counterclaim or setoff.

(C) No omission to seek compensation for breach of 21(A) and (B) above by the Company shall constitute a waiver or release to the Customer from any liability under 21(A) and (B) above during the application of these terms unless agreed in writing by authorised officers of the Company and Customer.

(D) The Late Payment of Commercial Debts (Interest) Act 1998, as amended, shall apply to all sums due from the Customer.

22 Where liability arises in respect of claims of a general average nature in connection with the Goods, the Customer shall promptly provide security to the Company, or to any other party designated by the Company, in a form acceptable to the Company.

LIABILITY AND LIMITATION

23 The Company shall perform its duties with a reasonable degree of care, diligence, skill and judgment.

24 The Company shall be relieved of liability for any loss or damage if, and to the extent that, such loss or damage is caused by:-

(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; or

(B) any cause or event which the Company is unable to avoid, and the consequences of which the company is unable to prevent by the exercise of reasonable diligence.

25 Except under special arrangements previously made in writing by an officer of the Company so authorised, the Company accepts no responsibility with regard to any failure to adhere to agreed departure or arrival dates of Goods.

26(A) Subject to clause 2(B) and 11(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 loss or damage; or

(b) a sum at the rate of 2 SDR per kilo of the gross weight of any Goods lost or damaged

whichever shall be the lesser.

(ii) subject to (iii) below, in the case of all other claims:

(a) the value of the subject Goods of the relevant transaction between the Company and its Customer; or

(b) where the weight can be defined, a sum calculated at the rate of 2 SDR per kilo of the gross weight of the subject Goods of the said transaction; or

(c) 75,000 SDR in respect of any one transaction,

whichever shall be the lesser.

(iii) 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:

(a) the loss incurred; or

(b) 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 lesser.

For the purposes of clause 26(A), the value of the Goods shall be their value when they were, or should have been, shipped. The value of SDR shall be calculated as at the date when the claim is received by the Company in writing.

(B) Subject to 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 25) to adhere to agreed departure or arrival dates, shall not in any circumstances whatever exceed a sum equal to twice the amount of the Company’s charges in respect of the relevant contract.

(C) Save in respect of such loss or damage as is referred to at sub-clause (B), and subject to 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 profit, loss of market, or the consequences of delay or deviation, however caused.

(D) On clearly stated instructions in writing declaring the commodity and its value, received from the Customer and accepted by the Company, 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.

27(A) Any claim by the Customer against the Company arising in respect of any service provided for the Customer, or which the Company has undertaken to provide, shall be made in writing and notified to the Company 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 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 do so.

(B) Notwithstanding the provisions of sub-paragraph (A) above, the Company shall in any event be discharged of all liability whatsoever and howsoever arising in respect of any service provided for the Customer, or which the Company has undertaken to provide, unless suit be brought and written notice thereof given to the Company within nine months from the date of the event or occurrence alleged to give rise to a cause of action against the Company.

JURISDICTION AND LAW

28 (A)These conditions and any act or contract to which they apply shall be governed by English law.

(B) Any dispute arising out of any act or contract to which these Conditions apply shall, save as provided in (C) below, be subject to the exclusive jurisdiction of the English courts.

(C) Notwithstanding (B) above, the Company is entitled to require any dispute to be determined by arbitration.

(D) The Company may exercise its rights under (C) above either by itself commencing arbitration in respect of a dispute or by giving written notice to the Customer requiring a dispute to be determined by arbitration.

(E) In the event that the Company exercises its rights under (C) above, the corresponding arbitration shall be conducted as follows:

(i) Where the amount claimed by the claimant is less than £400,000, excluding interest, (or such other sum as the Company and Customer may agree, and subject to (iii) below), the reference shall be to a tribunal of three arbitrators and the arbitration shall be conducted in accordance with the LMAA Intermediate Claims Procedure applicable at the date of the commencement of the arbitration proceedings;

(ii) Where the amount claimed by the claimant is less than £100,000, excluding interest, (or such other sum as the Company and Customer may agree, and subject to (iii) below), the reference shall be to a sole arbitrator and the arbitration shall be conducted in accordance with the LMAA Small Claims Procedure applicable at the date of the commencement of the arbitration proceedings;

(iii) In any case where neither of the LMAA Procedures referred to in (i) and/or (ii) above applies, the reference shall be to three arbitrators in accordance with the LMAA Terms applicable at the date of the commencement of the arbitration proceedings.