AMT Sa General Conditions
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 fulfillment 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 defenses 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.
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