ARK B.L: ARK BUSINESS AND LOGISTICS S.A.E. is hereinafter referred to as ARK B.L. ARK B.L as referenced hereinafter shall include, but is not limited to the following services:Trucking, Sea freight, Air freight, warhousing and logistics provided by ARK B.L personnel to clients pursuant to any purchase of Services.
Agents: ARK B.L’ agents, sub-contractors, carriers, and the agents of each.
Customer: shipper, consignee or other party requesting Services from ARK B.L.
Goods: Exhibits, property, and commodities of any type for which ARK B.L is requested to perform.
Shipper: Party who tenders Goods to Carrier for transportation.
Cold Storage: Holding of Goods in a climate controlled area.
Consignee: Party to whom goods are shipped.
HAZMAT: Those articles, commodities and/or goods defined as hazardous.
Services: freight forwarder services and, a Non-Vessel Operating Common Carrier.
Principal is that party that instructs its contracting partner with the provision of logistics services for itself or third parties.
Areas of application:
These logistics terms and conditions apply to all (supple- mentary) logistics services not covered by a transportation contract in accordance with any correspondence between ARK B.L and the client – if applicable – or / and a freight, a forwarding or a warehousing contract but that are provided by a service provider in con- nection with such a transportation contract.
Such logistics services may be activities for the principal or third parties named by the principal, like, for example, order acceptance (Call Center), treatment of goods, country- or customer-specific adaptation of goods, assembly, repair, quality control, price labelling, shelf service, installation or implementation of goods and commodities or activities in connection with the planning, implementation, control or monitoring of the management of orders, processes, sales, returns, disposals, recycling and information technology.
(A) Payment for Services.
Customer, Shipper, and Consignee shall be jointly liable for all unpaid charges for services performed by ARK B.L or Agents. Customer authorizes ARK B.L to charge its invoices directly for services rendered on Customer’s behalf after departure by placing an order on-line, via fax, phone, E-Mail, Mail or through a work order on site.
(B) Credit Terms. All charges are due before Services are performed unless other arrangements have been made in advance. ARK B.L has the right to require prepayment or guarantee of the charges at the time of request for Services. A failure to pay timely will result in Customer having to pay in cash in advance for future services. ARK B.L retains its right to hold Customers’ Goods for non-payment. Any charges not paid within 30 days of delivery will be subject to interest at 3% per month until paid.
(C) Proper Description. Customer is obligated to disclose to ARK B.L and Carrier if Customer’s packages contain items that are considered Hazardous Materials or Dangerous Goods. Customer has the obligation to ensure that each package is properly and completely described, is properly marked and addressed, and is packaged adequately to protect the contents during transportation. Customer must provide all documentation for HAZMAT shipping as required by the Department of Transportation. Customer hereby agrees to provide ARK B.L and Carrier with accurate information in order to allow for all proper disclosures to be made on Customer’s shipment. Customer is responsible for all placarding.
(A) The Company shall be entitled to procure any or all of the services as an agent, or, to provide those services as a principal.
(B) The Company reserves to itself full liberty as to the means, route and procedure to be followed in the performance of any service provided in the course of business undertaken subject to these conditions.
(C) When the Company contracts as a principal for any services, it shall have full liberty to perform such services itself, or, to subcontract on any terms whatsoever, the whole or any part of such services.
(D) When the Company acts as an agent on behalf of the Customer, the Company shall be entitled, and the Customer hereby expressly authorises the Company, to enter into all and any contracts on behalf of the Customer as may be necessary or desirable to fulfil the Customer’s instructions, and whether such contracts are subject to the trading conditions of the parties with whom such contracts are made, or otherwise.
(E) The Company shall be entitled to retain and be paid all brokerages, commissions, allowances and other remunerations customarily retained by, or paid to, freight forwarders.
Should the Customer, Consignee or Owner of the Goods fail to take delivery at the appointed time and place when and where the company is entitled to deliver, the Company shall be entitled to store the Goods, or any part thereof, at the sole risk of the Customer or Consignee or Owner, whereupon the Company’s liability in respect of the Goods, or that part thereof, stored as aforesaid, shall wholly cease. The Company’s liability, if any, in relation to such storage, shall be governed by these conditions. All costs incurred by the Company as a result of the failure to take delivery shall be deemed as freight earned, and such costs shall, upon demand, be paid by the Customer.
The Company shall be entitled at the expense of the Customer to dispose of or deal with (by sale or otherwise as may be reasonable in all the circumstances):-
(F) Advice and information, in whatever form it may be given, is provided by the Company for the Customer only. The Customer shall indemnify the Company against all loss and damage suffered as a consequence of passing such advice or information on to any third party.
(G) Without prior agreement in writing by an officer of the Company so authorised, the Company will not accept or deal with Goods that require special handling regarding carriage, handling, or security whether owing to their thief attractive nature or otherwise including, but not limited to bullion, currency, securities, precious stones, jewellery, valuables, antiques, pictures, human remains, living creatures, plants. Should any Customer nevertheless deliver any such goods to the Company, or cause the Company to handle or deal with any such goods, otherwise than under such prior agreement, the Company shall have no liability whatsoever for or in connection with the goods, howsoever arising.
Liability and Limitation
(A) The Company shall perform its duties with a reasonable degree of care, diligence, skill and judgment.
(B) The Company shall be relieved of liability for any loss or damage if, and to the extent that, such loss or damage is caused by:-
(C) strike, lock-out, stoppage or restraint of labour, the consequences of which the Company is unable to avoid by the exercise of reasonable diligence; or
(D) any cause or event which the Company is unable to avoid, and the consequences of which the company is unable to prevent by the exercise of reasonable diligence.
(E) Except under special arrangements previously made in writing by an officer of the Company so authorised, the Company accepts no responsibility with regard to any failure to adhere to agreed departure or arrival dates of Goods.
(F) The Company’s liability howsoever arising and, notwithstanding that the cause of loss or damage be unexplained, shall not exceed:
(i) in the case of claims for loss or damage to Goods:
(ii) the value of any loss or damage; or a sum at the rate of 20% per kilo of the gross weight of any Goods lost or damaged whichever shall be the lesser.
The Customer warrants:
(A) that the following (furnished by on or behalf of the Customer) are full and accurate: the description and particulars of any Goods; any information furnished (including but not limited to, the nature, gross weight, gross mass (including the verified actual gross mass of any container packed with packages and cargo items), and measurements of any Goods); and the description and particulars of any services required by or on behalf of the Customer are full and accurate, and
That any Transport Unit and/or equipment supplied by the Customer in relation to the performance of any requested service is fit for purpose;
(B) that all Goods have been properly and sufficiently prepared, packed, stowed, labelled and/or marked, and that the preparation, packing, stowage, labelling and marking are appropriate to any operations or transactions affecting the Goods and the characteristics of the Goods.
(C) that where the customer provides the Transport Unit, on loading by the Customer, the Transport Unit is in good condition, and is suitable for the carriage to the intended destination of the Goods loaded therein, or thereon.
(D) all liability, loss, damage, costs and expenses whatsoever (including, without prejudice to the generality of the foregoing, all duties, taxes, imposts, levies, deposits and outlays of whatsoever nature levied by any authority in relation to the Goods) arising out of the Company acting in accordance with the Customer's instructions, and on his account only.
JURISDICTION AND LAW
(A)These conditions and any act or contract to which they apply shall be governed by Egyptian law.
(B) Any dispute arising out of any act or contract to which these Conditions apply shall, save as provided in (C) below, be subject to the exclusive jurisdiction of the Egyptian courts.
(C) Notwithstanding (B) above, the Company is entitled to require any dispute to be determined by arbitration.
(D) The Company may exercise its rights under (C) above either by itself commencing arbitration in respect of a dispute or by giving written notice to the Customer requiring a dispute to be determined by arbitration.