Wednesday13 November 2019
Container Slot Rate
General Conditions of Transport
Planning and development
General Conditions of Transport
For services rendered by VSC for and on behalf of the Customer where such Services are not covered by bills of lading or sea waybills or any other contract for carriage or for any other Services to the Goods.
VSC means valfajr shipping company or its subsidiaries and associated companies except in those instances where such affiliates and/or subsidiaries are acting on their own behalf.
"Customer" means any person to whom VSC provides any Services and shall include the owner of the Goods and any person who may acquire an interest in the Goods.
"Person" includes individuals, groups, companies or any other legal entity.
"Owner" means the Owner of the Goods to which VSC provides any Services and any other person who has or may acquire an interest in them.
"Goods" means all or any part of the Goods (including any packaging, containers or equipment supplied by the Customers, which are the subject of any Services.
"Services" means all or any business undertaken by VSC for the Customer including the provision of transportation, storage advice, information or any services whatsoever.
Except as provided below, any Services provided by VSC, whether gratuitous or otherwise shall be subject to these conditions.
Exceptions - the provisions herein shall not apply:
(A) When the Services provided herein are already covered by the terms and conditions of bills of lading, or sea waybills or any other contract for carriage or any other Services to the Goods.
(B) If any conditions contained herein are contrary to any mandatory applicable law relating to the Services undertaken by VSC or behalf of the Customer.
(C) When the Services being performed by a subsidiary or affiliate of VSC are being performed by such affiliate or subsidiary on its own behalf in which event local law or subsequent subsidiaries or affiliates own business conditions applicable to the Services being performed will be applied.
(D) In the event of any inconsistency between the conditions contained herein and local law. To the extent of any such inconsistency, mandatory local law will be applicable but no further.
Failure to take delivery
(A) Where the Customer fails to take delivery of the Goods, or any part thereof, at the time and place specified by VSC, then VSC shall be entitled to store the Goods, or any part thereof, at the sole risk of the Customer and the liability of VSC in respect of the Goods, or that part thereof stored as aforesaid, shall wholly cease and the cost of such storage shall forthwith upon demand be paid by the Customer to VSC.
(B) Where the Goods have been held by VSC for 90 days or more and cannot be delivered as instructed; VSC shall be entitled at the expense of the Customer to dispose of the Goods by sale or otherwise as may be reasonable on 28 days written notice to the Customer, or where the Customer cannot be located then to any party who may reasonably be supposed by VSC to have any interest in the Goods.
(C) Without prior notice VSC shall be entitled at the expense of the Customer to dispose of the Goods by sale or otherwise as may be reasonable if the Goods have perished, deteriorated or been altered or are in immediate danger thereof or where such conditions may reasonably be expected to cause loss or damage to third parties or may be deemed to contravene any applicable law or regulation.
VSC shall be under no responsibility whatsoever to obtain insurance coverage for the Customer in regard to the Goods for any services performed pursuant to this agreement. Notwithstanding the foregoing, in the event VSC agrees to arrange insurance, VSC shall act only as Agent for the Customer using its best endeavours to arrange such insurance and does so subject to the limits of liability .
. As per VSC standard of carriage.
Except under special arrangements previously made in writing, VSC will not accept or deal with Goods of a dangerous or damaging nature, nor with Goods likely to harbour or encourage vermin or other pests, nor with Goods liable to taint or effect other Goods. If such Goods are accepted pursuant to a special arrangement and if in the opinion of VSC they constitute a risk to other Goods, property, life or health, VSC shall, where reasonably practicable, contact the Customer, but further reserves the right at the expense of the Customer to remove or otherwise deal with the Goods.
Where there is a choice of rates according to the extent or degree of liability assumed by carriers, warehousemen or others, no declaration of value in regard to the services provided herein will be made by the Customer except under special arrangements previously made in writing with VSC.
The Customer warrants:
(A) That the description and particulars of any Goods furnished by or on behalf of the Customer are complete and accurate.
(B) That the Goods have been properly and sufficiently prepared, packed, stowed, labelled and/or marked, in a manner appropriate to the Services that are being provided to the Goods.
(C) That where VSC receives the Goods from the Customer already stowed in or on a container, trailer, tank, or any other device specifically
constructed for the carriage of Goods by land, sea such equipment shall be in good condition and suitable for the performance of the Services provided herein.
The Customer shall indemnify VSC:
(A) Against all penalties, claims, damages, costs and expenses which may arise as a result of the Customer delivering to VSC, or causing VSC to deal with or handle, Goods of a dangerous or damaging nature, or Goods likely to harbour or encourage vermin or other pests or Goods liable to taint or affect other Goods, which Goods are not the subject of special arrangements as per Clauses 10/11 above and VSC further reserves the right to deal with such Goods in any manner as VSC or any person in whose custody they may be at any relevant time shall think fit.
(B) Against all liability, loss damage, costs and expenses whatsoever (including but not limited to all duties, taxes, imposts, levies, deposits, penalties and outlays of whatsoever nature levied by any authority in relation to the Goods which arise out of VSC’s acting in accordance with the Customer’s instructions or arising from any breach by the Customer of any warranty contained herein or from any breach by the Customer of any warranty contained herein or from any negligence of the Customer, its employees, agents or subcontractors.
(C) Any liability that may be incurred by VSC as a result of its carrying out Customer instructions.
Payment for services
The Customer shall pay to VSC in cash or as otherwise agreed all sums which are due without reduction, deferment of set-off on account of any claim, counterclaim, etc. The Customer shall be liable to pay VSC interest . Failure by VSC to collect freight, duties, charges or other expenses from the consignee or any other person shall not release the Customer of its obligation to pay for such services, duties, charges or expenses on receipt of evidence of proper demand. If for any reason a liability for general average arises in connection with the Goods the Customer shall promptly
provide security to VSC or to any other party designated by VSC in a form acceptable to VSC.
Obligation as a principal
When, and to the extent that VSC has contracted as principal for the performance any services, VSC undertakes in its own name to procure the performance of the services provided herein. VSC shall subject to the conditions set forth herein, be liable for any loss of or damage to the Goods taken into its charge which occur between the time when it takes the Goods into its charge and the time when VSC is entitled to call upon the Customer, consignee or owner to take delivery of the Goods. In no event whatsoever shall VSC be responsible for delay in delivery of the Goods unless it has agreed in writing to a specific delivery date.
Liability and limitation
(A) VSC shall be relieved of liability for any loss or damage if and to the extent
that such loss or damage is caused by:
i. Strike lockout, stoppage or restraint of labour, storm, earthquake, natural disaster, acts of God, blockade, ice, civil commotion, restraints, or any other cause the consequences of which VSC is unable to avoid by the exercise of reasonable diligence.
ii. Any cause or event which VSC is unable to avoid and the consequences whereof VSC is unable to prevent by the exercise of reasonable diligence.
(B) Subject to clauses 2 B), 2 D) and 5 above and Sub-Clause below VSC's liability for claims for loss or damage to the Goods whatsoever arising, not withstanding that the cause of loss or damage is unexplained, shall not exceed the lesser of:
i. The value of any Goods lost or damaged .
(C) In the case of all other claims VSC’s liability shall not exceed the lesser of
i. the value of the Goods for which the services pursuant to this agreement have been provided.
For the purposes of these conditions the value of the Goods shall be their value when they were or should have been shipped and the value of SDR`s shall be calculated as of the date when the claim is received by VSC in writing.
Notwithstanding anything else to the contrary contained herein, if VSC shall be found liable for loss or damage as a result of its failure to deliver or arrange delivery of Goods in a reasonable time where, pursuant to clause 16 supra., VSC has entered into a special arrangement with the Customer then VSC’s maximum liability for such loss or damage shall not exceed a sum equal to twice the amount of VSC's charges in respect to the relevant transaction.
No consequential damages
VSC shall not in any circumstances whatsoever be liable for indirect or consequential loss such as, but not limited to, loss of profits, loss of market or the consequences of delay or deviation howsoever caused.
Notice of claim
Notice of any claim made pursuant to this agreement must be made in writing and notified to VSC within 14 days of the date upon which the Customer became or should have become aware of the event or occurrence which give rise to the claim. Failure to make claim within 14 days shall be deemed to be a waiver of such claim and any such claim shall be absolutely barred.
Notwithstanding anything contained herein VSC shall in any event be discharged from all liability whatsoever and howsoever arising in respect of any service provided to the Customer or for which VSC has undertaken to provide unless such suit or action is brought and written notice thereof given to VSC within nine months from the date of the event or occurrence giving rise to the cause of action against VSC.
The terms herein shall be separable and if any provision hereof or any part of any provision, is invalid or unenforceable under local law then any such invalidity, prohibition or lack of enforceability shall not affect the validity or enforceability of any other provision or part thereof contained herein.
Jurisdiction and law
These Conditions shall be subject to Iranian Government Law and any dispute arising out of this agreement to which these conditions apply shall be subject to the exclusive jurisdiction of the Courts of IROI . In case VSC intends to sue the Customer VSC has also the option to file a suit at the Customer’s place of business.
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