- All and any business undertaken, including any service provided by the Al Fares Cargo Services and Clearance L.L.C (here after called “the company”) is transacted subject to the condition here after set out. All other condition is here by excluded.
- The company is a transporting Agent and acts solely as agent in performing and securing services for the customer and entering into contracts on the Customer’s behalf with other person.
- The company shall be the entitled to enter into contracts for the carriage of goods by any route or by any means. Also for the lifting and installation of equipment and other goods and for the storage or handling of the goods by any person at any length of time.
- The customer expressly authorizes –for the company to do such acts and entering to such contracts as are referred to in condition 3 on behalf of the customers.
- The customers wants he is either the owner or the authorized agent of the owner of the goods ( including any containers or equipment) to which any business relates, and further warrants that he is authorized to accept and is accepting these conditional not only for himself but also as agent and on behalf of the owner of the goods and all other who are or may hereafter become interested in the goods (all such persons being hereinafter called “other owner”.
- The customer warrants that the description and particulars of any consignment and furnished b or on behalf of the customer are accurate and undertakes to indemnify the company against all losses expenses and fines arising from any inaccuracy or omission is not due to any negligence
- The company shall not be obliged to make any declaration for the purpose of any statue or convention or contact as to the nature of value of any goods or as to any special interest in delivery. Unless expressly instructed by the customers in writing.
- 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.
- No insurance will be effected except upon express instruction given in writing by the customers
- Except under special arrangements previously made in writing the company will not accept or deal with any noxious, Dangerous, hazardous of inflammable or explosive goods or any perishable goods to the company of cause the company to handle or deal with any such goods, he shall be liable for all loss or damage whatsoever caused by or to in connection with the goods however arising and shall indemnify the company against all penalties, claim, damages, costs and expenses whatsoever arising connection therewith and goods may be destroyed or otherwise dealt with at the solo discretion the company or any other person in whose custody they must be the relevant time.
- Except under special arrangement previously made in writing the company will not accept or deal with bullion coins, precious stones, jewelry, valuable antiques pictures, livestock or plants.
- The company shall be entitled at expense of the customer to sell or dispose of:
- When goods are accepted or dealt upon instruction to collect fright duties charges or other expenses from the consignee or any other person the customer shall remain responsible for the same if they are not paid by such consignee or other person immediately when due
- Without prejudice to condition 5, the company shall have the right to enforce any liability of the customer 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 if it thinks fit against or from the sender and/or owner
- The company shall not be liable to customer or owner:
- For loss or damage caused by any failure to carry out or negligence in carrying out the customer’s or owner instruction or by any failure to perform or negligence in performing the company’s obligations (whether such obligations arise by contract or otherwise), unless such loss or damage is due to the willful neglect or default or the company or its own servants.
- For consequential loss, including loss of profit or loss of market or deviation however caused
- For loss or damage issues from:
- Inefficient or improper packing or addressing or
- The perishable hazardous fragile or brittle nature or the mechanical derangement of the goods or
- Riots civil commotion strikes, lockout, stoppage or restraint of labor from whatsoever cause, whether partial or general or fire or
- Failure by the consignees to take delivery within a reasonable time
- For any failure to notify consignees of the arrival of goods
- In no cause shall the liability of the company, however arising and notwithstanding that the loss or damage be unexplained, exceed the value of the goods lost or damaged, whichever shall be smaller in the case of any kind. The liability of the company in respect of any one article. Suite or furniture, services or complete contents of a package shall be limited to DHs 500.Any claims of not made and notified as aforesaid shall be deemed to be waived and absolutely barred.
- No claims of not made and notified as aforesaid shall be deemed to be waived and absolutely barred.
- The customer shall indemnify the company against all duties, taxes, payments fines, expenses, damages (including physical damage) and liabilities. Whether or no arising out of the negligence of the company. Their servants or agents, suffered or incurred by the company in the performance of their obligations under any contract to which these conditions apply. Including any liabilities to indemnify any other person against claims made such other person by the customer or by the owner.
- No claim will be entertained if it arise after three months from data of collection.
- Shipper will be responsible on his behalf about all costs and expenses that includes for example customs duties or any fees or other taxes related to the shipment or any expenses related to returned shipments to the shipper includes depositing, storage and the right to do any way with shipment whatever it is
- The shipper agrees in case of any abstention to receive the shipment from the consignee and after notifying the shipper and consignee by all possible ways of communication email or phone so that mean the company is totally not responsible and have the right to make any action with the shipment after two month notify period
- The shipper agrees with AL Fares Cargo irrevocably subject to regulations applied in United Arab Emirates on each matter and exclusively submitted to law singular enforcement agencies within United Arab Emirates
Note: all the shipments transported by Land or Sea subject to another terms and conditions mentioned clearly in shipping agreement, shipper should inquire articulated.