Sri Lanka Freight Forwarders Association (SLFFA) STCs
STANDARD TRADING CONDITIONS
In these Conditions, the following expressions, except where the context otherwise requires, or where it is otherwise stated, shall have the following meanings.
(a) "Company" - means a member of Sri Lanka Freight Forwarders Association (SLFFA) who undertakes to provide the services.
(b) "Customer" - means any person at whose request or on whose behalf the Company provides a service.
(c) "Person" - moans any natural or legal person or persons and anybody or bodies of persons.
(d) "Owner - means the Owner of the Goods (including any packaging, containers or equipment) to which any business concluded under these Conditions relates and any other person who is Or may become interested in then.
(e) "Authority" - means a duly constituted legal or administrative person, acting within its legal powers and exercising jurisdiction within any nation, state municipality. port or airport.
(f) "Goods" - include the cargo and any container not supplied by or on behalf of the Company, or any part thereof in respect of which the Company provides a service.
(g) "Container" - includes any container, flexi tank. trailer, transportable tank, flat, pallet or any article used to consolidate Goods and any equipment forming part of or connected thereof.
(h) "Dangerous Goods" - includes Goods which are or may become of a dangerous, inflammable, Or radio-active character or damaging to itself or to other property or so dangerously packed or Goods likely to harbour or encourage vermin Cr other pests, or owing to legal obstacles as to their carriage or discharge they may involve detention either of itself or any other property or person.
(i) "Services" - moans any services to be provided within the scope of these Conditions.
(j) "Instructions" - means a statement of the Customers specific requirements.
(k) "Interpretation" - except where the context otherwise requires, words in the singular shall include the plural and words in the plural shall include he singular and one gender shall include any other gender.
(a) 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 ifs responsibilities or liabilities under such legislation and if any one or more of those Conditions be repugnant to such legislation to any extent such Condition shall as regards such business be overridden to that extent and no further.
(b) Subject to sub-clause 2(a) above, the Company and the Customer may agree that in respect of oil or any part or pads of any contract for the movement of Goods, the Company may Issue a F1ATA Combined Transport Bill of Lading (FBL) subject to the current Standard Conditions governing FIATA Combined Transport Bills of Lading, provided that such document is issued subject to current CC Uniform Rules for a Combined Transport Document and such is printed on the face of the document. Where such a document is issued, the terms and Conditions embodied in it shall be paramount in governing the relationship between the Customer and the Company inclusive of such governance in so far as those tern's and Conditions arc inconsistent with or repugnant to these Conditions.
03) Any activity or business undertaken, including any advice, information or service provided whether without charge or obligation or otherwise by the Company would be so undertaken subject only to the Conditions hereinafter set out. No other term and or Condition would be applicable to such undertaking for any reason whatsoever. Provided that if the Customer contracts with the Company otherwise than on these Conditions, such other conditions will apply, further provided that such other conditions are reduced to writing and signed by a Director of the Company. Save as set out in the said provisos no agent or employee of the Company has the Company's authority to waive or vary these Conditions.
04) Where in these Conditions any mailer is to be determined in accordance with the opinion of the Company, the certificate of a Director of the Company for the dine being setting out such determination shall be conclusive evidence as to any matter so certified.
05) If any provision of these Conditions be declared void, invalid or unenforceable by any Court of Law, the remaining provisions of these Conditions shall to the extent permitted by such declaration remain in full force and effect as though the void, invalid or unenforceable previsions were never a part of these Conditions.
06) Any forbearance shown by the Company to any default or any waiver of right under these Conditions shall riot be deemed to be a forbearance by the Company of any prior, subsequent or continuing defaulter any waiver of a right of alike or similar nature.
07) The Customer expressly warrants that be is either the Owner or the authorized agent of the Owner of the Goods as defined and any equipment to which any business relates, and further expressly warrants that be is authorized to accept and is accepting these Conditions not only for himself but also as agent for and on behalf of the Owner.
08) Except in the special circumstances to which parts ii and II' of these Conditions apply, the Company acts solely as agent in performing and securing services for the Customer and entering into contracts On lie Customer's behalf with other persons. Except in the special circumstances to which Part IN of these Conditions apply the Company is not a Carrier and does not make or purport to make any contract for the carriage, storage, packing and handling of Goods with the Customer.
09) These Conditions, and any act or Contract to which they apply shall be governed by the Laws of Sri Lanka and any dispute arising out of any such act or contract shall be within to exclusive Jurisdiction of the Courts of Sri Lanka.
10) The Customer shall defend, indemnity and hold harmless the Company in respect of any General Average or any claims of a General Average nature which may be made on the Company and the Customer shall provide such security as nay be required by the Company in this connection.
11) If the vessel carrying the Goods comes into collision with another ship as a result of the negligence of the ether ship, and any act, neglect or default of the Master Mater, Pilot, or the servants of the Company or the owner of the vessel in the navigation or In the management of the vessel, the customer, shall indemnify the Company against all less or liability which might be incurred directly or indirectly to the other or non-carrying ship or her owners in so far as such Jose or liability represents loss of or damage to his goods Or any claim whatsoever of the Customer paid or payable by the other or non-carrying ship or her owners to the Customer and set off, recouped or recovered by the other or non-carrying ship or her owners as pail of their claim against the carrying vessel or the owner thereof.
12) When acting in terms of Part I of these Conditions, the Company is a Forwarding Agent and is entitled to enter into contracts:
(a) For the carriage of Goods by any route or by any means'
(b) For the storage, packing or handling of Goods by any persons at any place or places and for any duration of time'
and to do such acts as may be necessary ancillary or incidental thereto at the absolute discretion of the Company, and to depart from the Customer's instructions in any respect if in the opinion of the Company it is necessary or desirable to do so in the Customer's interest.
13) The Customer specifically authorizes the Company to do all such acts and enter into such Contracts as are referred to in Condition 12 or implied there from on behalf of the Customer so as to bind the Customs r by such acts and contracts in all respects, notwithstanding any departure or deviation from the Customer's instructions as aforesaid.
14) The Company shall be entitled to perform any of its obligations hereunder by itself or by its parent. subsidiary or associated companies, or by any other person, firm or company carrying out the functions of Forwarding Agents. This Contract is entered into by the Company on its own behalf and also where relevant as agent for and on behalf of any such parent, subsidiary Or associated company, and any such Company shall be entitled to lbs benefits of these Conditions. The Customer will not seek to impose upon any such Company a liability greater than that accepted by the Company under these Conditions nor make use of such imposition.
15) Estimates and quotations are given on the basis of immediate acceptance and are subject to withdrawals or revisions. Further unless otherwise agreed in writing the Company shall after acceptance be at liberty to revise quotations for charges with or without notice in the event of changes occurring in currency exchange rates, rates of freight, insurance premia or any charges directly or indirectly applicable to the Goods, inclusive of but not confined to their carriage and storage.
16) (a) The Customer shall be deemed to have guaranteed to the Company the accuracy at the time the Goods were taken over by the Company, of the description of the Goods, marks, numbers, quantity, weight and/or volume as furnished by him and the Customer shall indemnity the Company against all loss. damage or expense arising Or resulting from inaccuracies in or inadequacy of such particulars.
(b) The Customer shall be liable for any loss, damage or injury caused by faulty or insufficient packing 01 the Goods or by faulty loading or packing within containers and trailers and on fiats when such loading or packing has been performed by the Customer or on behalf of the Customer by a person other than the Company, or by a defect or unsuitability of the containers. trailers or fiats, when supplied by the Customer and shall indemnify the Company against any additional expenses so caused.
(c) Notwithstanding anything to the contrary stated in these conditions, the Company shall not be liable for any damage if such loss or damage is caused by handling, loading. stowage or unloading by the customer or any person acting on behalf of the customer.
17) (a) The Company shell not be obliged to make any declaration for the purpose of any statute or convention or contract as to the nature or value of any Goods or as to any special Interest in delivery unless expressly instructed by the Customer in writing.
(b) Where there is a choice of changes according to the services given and extent or degree of the liability assumed by Carriers, warehousemen or others, Goods will be forwarded or dealt with at Customers risk or other minimum charges and declaration of value (where optional) will be made, unless express instructions in writing to the contrary have previously been given by the Customer.
18) (a) It shall net be the duty of the Company to arrange for the Goods to be carried, stored or handled separately from the Goods of other customers.
(b) Unless otherwise expressly agreed in writing that the Goods shall depart or arrive by a particular date, the Company accepts no responsibility for the departure or arrival dates of the Goods.
19) Notwithstanding the Company being an agent of the Customer, the Company shall be entitled to retain and be paid all brokerages. commissions, allowances and other remunerations customarily retained by or paid to Forwarding Agents and insurance brokers.
20) No insurance will be effected in respect of the Goods except upon specific instructions prior 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 establishments taking the risk. 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. Should the insurers dispute their liability for any reason the insured shall have recourse only against the insurers and the Company shall not be under any responsibility or liability whatsoever in relation thereto notwithstanding that the premium upon the policy nay not be at the same rate as that charged by the Company or paid to the Company by its Customer.
21) Save where special contracts have been previously made in writing the Company will not accept or deal with any noxious, dangerous. hazardous or inflammable or explosive Goods or any Goods likely to cause injury to persons or damage to property. In the event of any Customer delivering any such Goods to the Company or causing the Company to handle or deal with any such Goods otherwise than under special contracts previously made in writing, be shall be liable for all loss or damage whatsoever caused by or to or in connection with the Goods however arising and shall indemnify the Company against all penalties, claims, damages, costs and expenses whatsoever arising in connection therewith and the Goods may 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. Even if such Goods have been accepted under arrangements previously made in writing they may nevertheless be so destroyed or otherwise dealt with without any liability to the Company on account of risk to other Goods, property, life or health. The expression "Goods likely to cause damage" includes Goods likely to harbour or encourage vermin and other posts.
22) Save where special contracts have been previously made in writing the Company will not accept or deal with bullion, coins, precious stones, jewellery, valuables, antiques, pictures, livestock or 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 special arrangements previously made in writing the Company shall be under no liability whatsoever for or in connection with damage or loss to lbs Goods however caused.
23) The Company shall be entitled at the expense of the Customer to sell or dispose of;
a) After giving 21 days notice in writing to the Customer or where the Customer cannot be traced, after the Goods have been held by the Company for 90 days. all Goods which in the opinion of the Company cannot be delivered either because they are insufficiently or incorrectly addressed or because they are not collected or accepted by the consignee or for any reason, and
(b) Without notice perishable Goods which are not taken up immediately on arrival or which are insufficiently or incorrectly addressed or marked or which in the opinion of the Company would be likely to perish in the course of the carriage, storage or handling.
24) "The Company shall have a 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 the Company shall be entitled to sell or dispose of such Goods or Documents or any part thereof by public auction or otherwise at the expense of the Customer and apply the proceeds in or towards payment of such sums on 28 days notice in writing to the Customer. The Company shall also have a general hen on the Goods in respect of any previously unsatisfied freight charges due in respect of other goods from the Customer or Owner. if, on the safe of the Goods, the proceeds fail to cover the amount of which the Company has a lien on the Goods and the costs and expenses of maintaining and exercising such lien and of the Goode and the costs and expenses of maintaining and exercising such lien and of the sale, the Company shall be entitled to recover the difference from the Customer or Owner of the Goods"
25 (i) When Goods are accepted or dealt with upon instructions given by the Customer to collect freight, duties, charges or other expenses from the consignee or any other person the Customer shall remain responsible for the payment of same within seven (7) days of the tine when such moneys should have been paid by such consignee or other person immediately when due.
(ii) Without prejudice to Condition 12 the Company shall have the right to enforce any rights of the Company under these Conditions or to recover any sums to be paid by the Customer under these Conditions not only against or from the Customer but also where appropriate in its opinion against or from be sender and/or consignee and/or Owner.
(iii) All sums shall be paid to the Company in cash immediately when due without deduction and payment shall not be withheld or deferred on account of any claim, counter-claim or set-off.
26) The Company shall not be liable to the Customer or Owner
(a) For loss or damage caused by any default in executing or negligently executing the Customer's or Owner's instructions, or by any failure to perform or negligence in performing the Company's duties (whether such arise by
contract or otherwise), unless such loss or damage is due to the willful neglect or default of the Company or Its own servants: or
(b) For consequential loss or loss of market or delay or deviation however caused and tether such loss could have been or was envisaged or not.
(c) The Company shall not be liable to the Customer or Owner for loss of or damage to the Goods or non-performance of its obligations arising hereunder resulting from any cause whatsoever, unless such lose or damage or non-performance is proved by the Claimant to be due to willful neglect or default of the Company or its servants.
27) In no cause whatsoever shall any liability of the Company, however arising, and whether or not the cause of loss or damage be known, exceed
(a) The value of relevant goods or
(b) a sum at the rate of US$. 20/- per gross kilogram on the gross weight of the Goods or
(c) US$. 25,000/- in respect of any one claim whichever shall be the least.
28) Without prejudice to Condition 26, any claim by the Customer or Owner against the Company if made shall only be made in writing and be duly notified to the Company,
(a) in the case of damage to the Goods within 7 days after the end of the transit where the transit ends in the Republic of Sri Lanka and within 14 days after the end of the transit whew the transit ends outside the Republic of Sri Lanka, and
(b) in the case of delay in delivery or non-delivery within 14 days of the date when the Goods should have been delivered, and
(c) in any other case within 14 days of the event giving rise to the claim.
Any claim not made and notified as aforesaid shall be deemed for all purposes to have been waived and be absolutely barred.
The company will be discharged of all liabilities if any action is brought in any Court of Law or after a period of one (I) year after giving notification as aforesaid or of the arising of the cause of actions.
29) No claim of any kind shall be made in any Court or Tribunal of competent jurisdiction against any servant or agent of the Company on any ground whatsoever. No claim of any kind shall be made against any parent, subsidiary or associate company of the Company, or against any forwarding agent employed by the Company in pursuance of the Condition 14 or against any of their respective servants or agents on any ground whatsoever.
30) The Customer shall be liable for, and indemnify the Company against, levies of all kinds inclusive of but not confined to duties, Taxes, payments, flea, expenses, losses, damages (including physical damage) and liabilities whether or not arising out of negligence of be Company, their servants or agents, suffered or 'nourred by the Company in the performance of their obligations under any contract to which these Conditions apply including any liability to indemnify any other person against claims made against such other persons by the Customer or by the Owner.
31) Where in any circumstances the Company acts as Principal in entering into a Contract with any other person for the carriage, storage, packing or handling of the Goods, the Company is not itself Carrier or the purpose of any legislation as may be applicable or for any other purpose, nor does it make or purport to make any Contract for the carriage, storage, packing or handling of any Goods with the Customer. The Company's sole obligation is to procure contracts for the carriage, storage, packing Or handling of Goods by the other person.
32) Without prejudice to the exceptions and limitations contained herein, the company shall be entitled to the benefit of all exceptions and limitations in favour of the Carrier or other person strong or handling the Goods whether with or without the Carrier or on the Carrier's request impliedly or expressly made, contained in the Company's contract with the Carrier. The Customer will not seek to impose on the Carrier any liability greater than that accepted by the Carrier under such contract nor avail themselves of such imposition.
33) Unless otherwise agreed in writing Conditions 1 to II, the entitlements in Condition 12 and Conditions IS to 30 of these Conditions shall apply to this Part of these Conditions.
34) Notwithstanding the provisions of Part I and Ii of these Conditions the Company while not being a common carrier shall be entitled to perform all or part of the carriage, storage, packing or handling of the Goods by themselves or by their subsidiary or associated company or their agents. This Part of these Conditions shall apply to any such case. and also to any case where, notwithstanding Condition 31. the Company is deemed to be the Carder or otherwise to be in possession of the Goods. This Part of these Conditions shall apply only so long as and to the extent that the Company is or is deemed to be the Carrier or in possession of the Goods as aforesaid and no further.
35) Where the company is or is deemed to be the Carrier under a contract by virtue of any compulsory operation of law applicable thereto the Company shall be entitled to all the rights, immunities, exceptions and limitations conferred on the Carrier by virtue of such legislation, and these Conditions shall be void to the extent that they are inconsistent with such rights, immunities, exceptions and limitations, but no further.
36) The Company shall be entitled at its own discretion
(a) to carry the Goods by any route or by any means, and
(b) to store, pack or handle the Goods at any place or places and for any duration of time and to do all such other acts as may be necessary or incidental thereto and to depart from the Customer's instructions if in the opinion of the Company it is necessary or desirable to do so in the Customer's interest.
37) Without prejudice to Condition 34. unless otherwise agreed in writing, Conditions I to II hereof, the entitlements contained in Condition 12 and the Conditions 43 to 30 hereof shall apply to this Part of these Conditions.