Forwarder Cargo Receipt

FORWARDER CARGO RECEIPT

TERMS AND CONDITIONS

1. Definitions and application

1.1 In these conditions the following words shall have the following meaning:

‘ACS’ Allport Cargo Services Limited

‘Consignee’ the Person to whom the goods are consigned

‘Customer’ any Person at whose request or on whose behalf

ACS undertakes any business or provides advice

information or services.

‘Goods’ the cargo in respect of which ACS provides services

under this agreement.

‘Owner’ the owner of the Goods and any other Person who is or

may become interested in them.

‘Person’ includes persons or any body or bodies corporate.

‘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.

1.2 Subject to sub-clause 1.4 below, all and any activities of ACS in the course of

business governed by the provisions of this agreement, whether gratuitous or not,

are undertaken subject to these conditions unless otherwise agreed in writing.

1.3 The receipt, custody, consolidation and forwarding of the Goods are governed by

the provisions of this agreement and the provisions of any applicable ACS tariff

covering the performance of consolidation services by ACS. ACS tariffs are

available for inspection at all ACS offices and locations where cargo is received

for consolidation upon reasonable notice and during normal business hours.

1.4 If any legislation is compulsorily applicable to any business undertaken pursuant to

this agreement, 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 ACS 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.

1.5 ACS shall:

(i) have a lien on all Goods and documents relating to Goods in its possession,

custody or control for all sums due at any time to ACS from the Customer

and/or Owner and/or Consignee on any account whatsoever, whether

relating to Goods belonging to or services provided by or on behalf of ACS

to the Customer and/or Owner and/or Consignee. Storage charges shall

continue to accrue on any Goods under lien:

(ii) be entitled on at least 28 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) upon accounting to the Customer for any balance remaining after payment of

any sum due to ACS, 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.

1.6 When the Goods are liable to perish or deteriorate, ACS’s right to sell or dispose

of or deal with the Goods shall arise immediately upon any sum becoming due to

ACS subject only to ACS taking reasonable steps to bring the Customers attention

its intention to sell or dispose of the Goods before doing so.

1.7 Where the Customer, Consignee or Owner of the Goods fail to take delivery at the

appointed time and place and where ACS is entitled to deliver, ACS shall be entitled

to store the Goods or any part thereof at the sole risk of the Customer or Consignee or

Owner whereupon ACS’s liability in respect of the Goods or that part thereof stored

as aforesaid shall wholly cease. All costs incurred by ACS as a result of the failure to

take delivery shall be deemed as freight earned and such costs shall be paid immediately

upon demand.

1.8 ACS shall be entitled, at the expense of the Customer, to dispose of or deal with any

Goods (by sale or otherwise) which have been held by ACS for 90 days and which

cannot be delivered as instructed after at least 28 days in writing to the Customer or

without notice where the Customer cannot be traced and reasonable efforts have been

made to contact any parties who may reasonably be supposed by ACS to have any

interest in the Goods.

1.9 ACS shall be entitled, at the expense of the Customer, to dispose of or deal with any

Goods (by sale or otherwise) without prior notice where such Goods 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 ACS, or

third parties, or to contravene any applicable laws or regulations.

1.10 No insurance will be effected except upon express instructions given in writing by the

Customer and accepted in writing by ACS. All insurances effected by ACS are

subject to the usual exceptions and conditions of the policies of the insurers or

underwriters taking this risk. Unless agreed in writing, ACS shall not be under any

obligation to effect a separate insurance on the Goods. In so far as ACS agrees to

effect insurance, ACS acts solely as agent for the Customer and limits of liability

under clause 4.3 (i) below shall not apply to ACS’s obligations under clause 1.10.

1.11 Except under special arrangements made in writing by an officer of ACS so authorised,

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 ACS, where ACS has to engage third parties to effect compliance

with the instructions, only as agents for the Customer.

1.12 Where ACS accepts 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 ACS, and in the absence of evidence of payment by

such Consignee or other Person for whatever reason, the Customer shall remain

responsible for such freight, duties, charges, dues or other expenses.

1.13 ACS shall not be under any liability in respect of such arrangements as are referred

to under 1.12 above save where such arrangements are made in writing. In any event,

ACS’s liability in respect of the performance or, or arranging the performance of, such

instructions shall not exceed the limits set out in clause 4.3 (ii).

1.14 Advice and information, in whatever form it may be given, is provided for the Customer

only. The Customer shall indemnify ACS against all loss and damage suffered as a

consequence of passing such advice or information on to any third party.

2. ACS and provision of services

2.1 All services are provided by ACS as agents except as otherwise expressly agreed in

writing. In receiving the Goods and performing the consolidation services covered by this

agreement, ACS is acting as agent only for the Consignee named on the face hereof and

not as a carrier, transporter or distributor of the Goods.

2.2 ACS agrees to receive the Goods on behalf of the Consignee, hold the same and deliver

or forward them to carriers or transporters in accordance with the instructions of the

Consignee or Owner for subsequent transportation by water or air and for distribution and

ultimate delivery to the Consignee. ACS reserves to itself full liberty as to means, route

and procedure to be followed in the performance of any services provided in the course of

business undertaken subject to these conditions.

2.3 From and after delivery by ACS to a carrier in accordance with the instructions of the

Consignee Owner, the Consignee Owner agree that the sole responsibility and liability for

the care, custody, carriage and delivery of the Goods shall be that of said carrier. ACS

is hereby authorised to forward the Goods and otherwise arrange for the shipment and

transportation of the Goods by water or air as the agent of the Consignee Owner. The

Consignee Owner acknowledge that they shall be bound by the terms and conditions of the

transportation agreements of the carriers into whose custody the goods may be forwarded.

2.4 If at any time the method and/or route of forwarding selected by the Consignees becomes

impossible to perform for any reason, ACS may at its absolute discretion use any other

method available and all charges and/or expenses incurred in using such method shall be

for the Consignee’s account. ACS shall so far as reasonably possible cause the Goods to

be consolidated with the goods of others in order to secure the transportation benefits and

economies contemplated by the instructions of the Consignee Owner. ACS shall be at

liberty to employ agents, sub-contractors or third parties on such terms and conditions as

it shall in its discretion think appropriate.

2.5 Without prior agreement in writing by an officer of ACS so authorised, ACS 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, coin, precious stones, jewellery, valuable, antiques, pictures, human

remains, livestock, pets, plants. Should the Customer nevertheless deliver any such

goods or cause ACS to handle or deal with any such goods, otherwise than under such

prior agreement. ACS shall have no liability whatsoever howsoever arising for or in

connection with the goods.

2.6 ACS will not be required to secure export licenses and/or quote clearances or any other

government consent in respect of the import or export of cargo.

3. The Customer

3.1 The Consignee warrants that:

(i) 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;

(ii) The Goods have been properly marked and suitably prepared for normal handling,

packed, stowed and/or labelled 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;

(iii) the description and particulars, including without limitation the weight and

description of packages and cargo units, of any Goods or information furnished

or services required by or on behalf of the Customer and/or shipper are full and

accurate;

(iv) any Transport Unit and/or equipment supplied by the Customer in relation to

the performance of any requested service is fit for purpose and suitable for the

carriage to the intended destination of the Goods;

(v) the nature and amount of any hazardous or dangerous cargo has been packed

and/or labelled in accordance with IMCO regulations and identified as such in

accordance with such regulations to ACS at or before the time of receipt by

ACS, and

(vi) the Goods do not require insulated, refrigerated, ventilated or other special

storage or handling not disclosed to ACS at or before the time of receipt

of the Goods.

3.2 Without prejudice to clause 2.5, where the Customer delivers to ACS or causes

ACS to deal with or handle Goods of a dangerous or damaging nature, or Goods

likely to harbour or encourage vermin or other pests, of Goods liable to taint or affect

other goods, whether declared to ACS or not, the Customer shall be liable for all

loss or damage arising in connection with such Goods and shall indemnify ACS

against all penalties, claims, damages, costs and expenses whatsoever and howsoever

arising in connection therewith, and the Goods may be dealt with in such manner

as ACS or any other person in whose custody they may be at the relevant time, shall

think fit.

3.3 The Customer undertakes that no claim shall be made against any director, servant or

employee of ACS which imposes, or seeks 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 ACS against all consequences

thereof.

3.4 The Consignee and/or Owner and/or shipper of the Goods shall defend, indemnify

and hold harmless ACS from and against:

(i) all liability, loss, damage, costs and expenses whatsoever and howsoever

arising including but not limited to all duties, taxes, imposts, levies, deposits

and outlays of whatsoever nature levied by any authority in relation to the

Goods, arising out of ACS 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, and

(ii) without prejudice to sub-clause 3.4 (i) above, any liability assumed, or incurred

by ACS when, by reason of carrying our the Customer’s instructions, ACS

has become liable to any other party, and

(iii) all claims, costs and demands whatsoever and by whomsoever made or

preferred in excess of the liability of ACS under 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

ACS, its servants, sub-contractors or agents, and

(iv) any claims of a general average nature which my be made on ACS.

3.5 The Customer and/or Consignee and/or shipper hereby acknowledge that ACS

acts solely as agent and shall be under no liability whatsoever in respect of any

failure by the Customer and/or Consignee and/or shipper or any other party to do

any act or pay any amounts due in respect of the cargo received hereunder including

but not limited to the purchase price of such cargo, freight, storage charges, insurance

premiums, lighterage charges, demurrage, salvage charges or general average

contributions.

3.6 The Customer shall pay to ACS in cash, or as otherwise agreed, all sums when

due immediately and without reduction or deferment on account of any claim,

counterclaim or set-off. ACS shall be entitled to charge interest on any outstanding

sums at a rate of 8% per annum above the prevailing base rate from the date on which

the sums became due and owing.