Standard Trading Conditions
General Conditions
(A) All activities undertaken by the Company, whether gratuitous or not, are subject to these conditions.
(B) If any applicable legislation, including regulations and directives, affects any business undertaken, these conditions will be read as subject to such legislation. Nothing in these conditions shall be construed as a waiver by the Company of any rights or immunities or as an increase in any of its responsibilities or liabilities under such legislation. If any part of these conditions is inconsistent with such legislation, it will be overridden to the extent necessary and no further.
Customer Warranties
- The Customer warrants that they are either the Owner or the authorized agent of the Owner and accepts these conditions on behalf of the Owner.
Company Operations
- The Company may act as an agent or principal in providing services.
- The Company reserves full discretion as to the means, route, and procedure for any service.
- When acting as a principal, the Company may subcontract any part of the services.
- As an agent, the Company is authorized to enter into contracts on behalf of the Customer to fulfill instructions.
- Evidence of contracts entered into as an agent will be provided upon request.
Customs Representation
- In dealings with the Department of Customs, the Company acts as a Direct Representative.
Lien and Disposal of Goods
- The Company has a general lien on all goods and documents for all sums due from the Customer and/or Owner.
- The Company may sell or dispose of goods after 28 days’ notice if sums remain unpaid.
- The Company’s liability for goods ceases upon storage if delivery is not taken as agreed.
- Goods held for 90 days or perishable goods may be sold or disposed of without prior notice.
Remunerations and Storage
- The Company retains all brokerages, commissions, allowances, and remunerations customary to freight forwarders.
- If the Customer fails to take delivery, the Company may store goods at the Customer’s risk and expense.
Insurance
- No insurance will be effected unless expressly instructed in writing by the Customer and accepted by the Company.
- The Company acts solely as an agent in arranging insurance.
Special Handling and Dangerous Goods
- The Company will not handle special goods without prior written agreement.
- Dangerous goods must be declared and may be disposed of if they pose a risk.
Liability and Indemnity
- The Company’s liability is limited and subject to certain conditions:
- Loss or damage liability is limited to the value of the goods or 2 SDR per kilo, whichever is lower.
- Liability for other claims is limited to the value of the goods or 75,000 SDRs per transaction, whichever is less.
- The Customer must indemnify the Company against all claims, damages, and expenses arising from the handling of dangerous goods or other breaches.
Claims
- Claims must be made in writing within 14 days of the event giving rise to the claim.
- The Company is discharged from liability if suit is not brought within nine months of the event.
Jurisdiction and Law
- These conditions and any related contracts are governed by Cypriot law and subject to the exclusive jurisdiction of the Cypriot courts.
This version retains the core principles and terms of your original conditions, ensuring clarity and legal robustness for your forwarding business.