1. The services refer to the activities of Advanced Maritime
Transports SA, Nyon, (hereafter called AMT), such as freight
forwarder, ship broker, freight broker, ship agent, husbandry
agent, clearing agent, bunker agent (The Services).
All Services performed by AMT shall be exclusively and solely
governed by the present General Conditions, which shall be
deemed accepted at the time of ordering.
The Principal, i.e. the party that contracts the Services, with
AMT, hereby accepts without reservation of any kind, the terms
and conditions set out hereafter every time it hires or conducts
any kind of operation with AMT.
No special or other general terms of the Principal shall take
precedence over the present terms and conditions without prior
formal acceptance by AMT.
The Principal hereby agrees that the present General
Conditions shall apply to any order placed either verbally or by
email/telex/fax.
2. AMT shall act as agent only on Principal's instructions,
account and risk. AMT shall carry out business and select any
kind of contractors either directly or through its subagents with
customary care and diligence as customary in the different
markets and countries.
Every sub-agent of AMT shall be deemed to be an integral part
of the contract and shall be entitled to the same rights,
exemptions from liability and defenses as AMT under these
General Conditions.
3. AMT shall be authorized to take at its discretion all steps
necessary for the fulfillment of the business, namely to enter
into agreements with third parties as agent of the Principal at
usual market conditions.
4. All offers submitted by AMT are made without prejudice,
subject to alteration and not binding upon AMT unless it is
explicitly stated therein to the contrary.
5. At no time and under no circumstances, will AMT be
committed to put up guarantees, securities, bonds, advance
monies of any kind, or to make payments unless cover and/or
security is provided by Principal timely in cash as requested by
AMT.
6. Whenever AMT will advance guarantees, securities, freight,
costs, expenses, disbursements, dues etc. an additional
commission payable by Principals will become due.
7. AMT shall not take out insurance without the Principal’s prior
written and repeated order for each Service asked to AMT,
indicating the risks and values to be covered. If such an order is
given, AMT, acting on behalf of the Principal, shall subscribe
an insurance policy with an insurance company known to be
solvent during the period of insurance coverage.
Unless specifically specified otherwise, only ordinary risks
(excluding war and strike risks) shall be insured.
Acting, in this specific case, as an agent, AMT shall in no way
be considered as the insurer. The terms and conditions of the
insurance policy are deemed to be known and approved by the
consignors and consignees, who shall bear the cost. An
insurance certificate shall be issued, as required.
8. AMT is responsible for the choice and instruction of the
contractors as carriers, operators, service companies, etc., but
shall be relieved from liability, if the choice has been done
carefully as per market standard and the received written
instructions have been transmitted to the contractor, etc. in
accordance with the received order.
AMT’s liability is limited strictly to its subcontractor’s liability for
the operation assigned to AMT. When intermediaries’ or
subcontractors’ indemnity limits are unknown or are not
stipulated by mandatory or legal provisions, they are deemed to
be identical to AMT’s indemnity limits.
AMT shall not be liable in respect of any consequential loss or
damage, such as loss of profit, loss of Principal, depreciation or
conventional fines. AMT shall not be liable for any loss on
exchange of currencies.
AMT's liability may not be engaged in all cases of “force
majeure” such as for instance but not limited to act of God, act
of government, strike, stoppage in transit, blocking of ports, war,
criminal action, civil
|
|
disturbances, bad weather conditions, accidents of any kind
etc. or any other event beyond AMT's control.
AMT's liability as agent of the Principal, and for any Service,
shall be limited to a maximum amount of US $ 10'000 for any
one event.
The defenses and limit of liability provided for in these
Conditions shall apply in any action against AMT whether the
action is founded in contract or in tort.
In case of delay, if the parties to the contract have stipulated in
writing a liability of AMT for delay and the claimant proves that
damage has resulted there from, AMT shall pay compensation
for such damage not exceeding US $ 10'000.
9. Down payments received in a foreign currency and/or
collected amounts for freight, harbour dues, bunker, supplies,
costs and expenses of all kinds etc. may be converted into the
contractual currency at the exchange rate of the day of their
due date and entered into the current account with Principals
accordingly.
10. For its contracted Services AMT will receive from
Principals a remuneration to be agreed upon. Principal is fully
and finally liable for all outlays, expenses, debentures, costs,
advanced amounts of any kind made by AMT in fulfilment of
the business received. AMT's Principal is deemed to be the
person/company owing the remuneration.
11. Prices are calculated based on information supplied by the
Principal, particularly taking into consideration the Services to
be performed. If one or more of these elements are modified
after prices have been quoted - including quotations by AMT’s
subcontractors - in a way that is binding on AMT and based on
evidence provided by AMT, the original quoted prices will be
modified accordingly. The same is true in the event any
unforeseen circumstance results in one of the Services
elements being changed.
Prices do not include charges, duties, fees and taxes due in
accordance with any legislation, particularly fiscal or customs-
related (such as, but not limited to excise duties, import duties,
…).
12. AMT's invoices are payable within 30 days running from the
date of issuance; the interest rate applied in case of late
payment is 2 % per month.
13. All AMT's obligations to remit monies of any kind and/or
assets of any quality to Principals and/or consignees shall
always be subject to AMT's right to a general and a particular
lien and pledge on the carried goods with respect to any claim
which it may have against the Principal or his lawful successor.
Such rights will be exercised by AMT at Principal’s cost and risk.
This right of lien and pledge shall also apply to claims, in lieu
of goods, which are hereby transferred to AMT.
14. The defences and limit of liability provided for in these
Conditions shall apply in any action against AMT whether the
action be founded in contract or in tort.
15. The terms of these General Conditions shall be severable,
and, if any part or term hereof shall be held invalid, such
holding shall not affect the validity or enforceability of any
other part or term hereof.
16. Within 48 hours after the Service is performed, the
Principal shall send due reservations in writing. Otherwise, any
claims directed against AMT shall be forfeited.
Any claim for damages etc. against AMT must be brought
before the competent court within six months running from the
date the damage occurred, failing which all such claims shall
be automatically forfeited.
Claims due to AMT, including costs and expenses, may by no
means be set-off against other claims.
17. All agreements shall be governed and construed in
accordance with the applicable national law. The place of
performance of the rights and obligations shall be at the
domicile of AMT's branch office which has executed the
agreement.
COPYRIGHT: AMT, 01.01.2008
|
