CYPRUS SHIPPING ASSOCIATION (CSA)
STANDARD TRADING CONDITIONS
FEBRUARY 1998
All transactions entered into by a Member of the Cyprus Shipping Association (hereinafter
"the Company") in connection with or arising out of the Company's business as a
port agent or liner agent or booking agent or cargo handling agent shall be subject to the
following terms and conditions unless otherwise agreed or stated by the Company in
writing.
1. In these conditions the following expressions have the
following meanings:
(a)
"Supplier" means the company firm or person, organisation or
other competent Authority, who contracts through the
Company to supply services or goods to the Principal or Merchant
(b)
"Merchant" means the company firm or person who ships,
receives, owns or forwards goods in respect of which the
Company,
whether as agent or principal, has agreed to provide or procure
services.
(c)
"Principal" means the company firm or person who has or whose
representatives have instructed the Company and
is the owner or
charterer or manager of the vessel represented by the Company and/or the carrier under the bill of
lading in connection with which services are provided by the Company.
(d)
"Forwarding Services" means those services usually provided
or arranged by a freight forwarder including the carriage
of goods to
the port of loading and from the port of discharge, the storage, packing or consolidation
of goods and the
stuffing and
stripping of containers.
(e)
"Cargo Handling Services" means the services provided or
arranged by the Company in respect with the handling of
cargo including
loading and discharging, transport, lashing/unlashing, slinging/unslinging,
storage, stuffing and
stripping of containers
and any other related or connected cargo handling activities.
(f )
"Cargo Bïïking Services" means those services
provided or arranged by the Company in respect with the booking of
cargo on vessels
including providing information on vessels and schedules, the solicitation of cargo, the
canvassing
for cargoes, freight
quotations and negotiations as to any cargo transport agreements with Merchants and any
other
related activities.
Transactions with the Supplier
The following terms and conditions shall apply to
transactions with the Supplier:
2. Unless otherwise stated in writing, when
the Company is acting as a port agent or liner agent or booking
agent it acts at all times as agent for and on behalf of the
Principal and has authority to enter into
contracts with the Supplier as agent for the Principal. The Company shall
not be personally liable to
pay any debt due to the Supplier from the Principal.
3. Where the Company is acting as a
forwarding agent, cargo handling agent or cargo booking agent,
unless it is acting as agent for the Principal in accordance with
clause 2 hereof or otherwise agrees in
writing, it acts at all times as agent for and ïn behalf of the
Merchant and has authority to enter into
contracts with the Supplier as agent for the Merchant. The Company shall
not be personally liable to pay
any debt due from the Merchant.
Transactions with the Merchant
The following terms and conditions shall apply to
transactions with the Merchant:
4. When acting as port agent or liner
agent or cargo handling agent or cargo booking agent, the Company
acts at all times as agent for and on behalf of the
Principal and has authority to enter into contracts with
the Merchant as agent for the Principal. The Company shall
not be personally Iiable to pay any debt due
from the Principal.
5. Unless otherwise agreed in
writing, where the Company is instructed by the Merchant to arrange
forwarding services, cargo handling services or cargo
booking services, the Company shall act as
agent for the Merchant in procuring the requested services from
Supplier.
6. Where the Company arranges
services for the Merchant's goods which are or will be carried in
accordance with a contract with the Principal contained in
or evidenced by a bill of lading, charterparty
or other contract of affreightment, all services including
cargo handling services or cargo booking
services, forwarding services, are arranged by the Company as agent
for and on behalf of the Principal.
The provision of such services shall be subject to the terms and
conditions of the Principal's bill of lading
and tariff rules (if any), which may be inspected on request, or other
contract between the Principal and
the Merchant.
7. If the Company agrees in writing that it
will be personally responsible for the provision of forwarding
services, cargo handling services or cargo booking
services, unless otherwise agreed in writing, the
Company shall be relieved of any liability for loss or
damage if it can establish that such loss or damage
resulted from:
(a) the
act or omission of the Merchant or his representative or any other party from whom the
Company took charge of
the goods;
(b) inherent vice of the goods, including improper packing, labeling or
addressing (except to the extent that the Company
undertook to be responsible therefor);
(c) handling, loading, stowage or unloading of the goods by the Merchant
or any person acting on his behalf other than
the
Company;
(d) seizure or forfeiture under legal
process;
(e) riot, civil commotion, strike, lock-out, general or partial stoppage
or restraint of labour from whatever cause;
(f) any consequence or war, invasion, acts of foreign enemies,
hostilities (whether war be declared or not), civil war,
rebellion, revolution, insurrection, military or usurped power or confiscation or
nationalisation or requisition or
destruction
of or damage to any property or goods by or under the order of any Government or public or
local authority;
(g)
any cause or event which the Company was unable to avoid and the consequences
whereof the Company was unable
to prevent by the exercise of due diligence.
8. Where so requested in writing by the Merchant or
his representative, the Company shall enter and/or
clear goods through Customs and/or arrange insurance for the goods as agent
for the Merchant. The
Company shall have authority to appoint agents to perform
such services on behalf of the Merchant,
and the agents so appointed shall act as the Merchant's agents and
not the Company's agents.
9. Where the Company agrees to
provide or arrange services for the Merchant's goods, the Merchant
shall be deemed to have authorised the Company to
conclude all and any contracts necessary to provide
those services. The Merchant shall reimburse ïn
demand the Company with all taxes, charges or fines
whatsoever incurred by the Company as a result of
providing or arranging the services, or undertaking
any liability in connection with the services,
particularly in respect of any bond issued to the Department
of Customs and Excise, the Cyprus Ports Authority or any
other competent Authority by the Company.
10. The Merchant shall declare to the Company
full details of goods which are of a dangerous or damaging
nature, including those goods which are more
particularly described in the IMO Code. Should the
Merchant fail to provide such details at the time of contract,
the Merchant shall be responsible for all
costs and damages arising as a result thereof and the Company
shall have the right exercisable ïn
behalf of itself or its Principal to rescind the
contract.
11. The Company shall not be liable for loss or
damage to goods, unless it is advised thereof in writing
within three days after the termination of transit and the
claim is made in writing within 7 days,
alternatively advice is given within 28 days of the commencement of transit and the claim is made
in writing within 42 days,
provided always that these limits shall not apply if the Merchant can establish
that it
was not reasonably possible for himto make a claim in
writing within the time limit and notice was
given within a reasonable time.
Transactions with the Principal
The following terms and conditions shall apply to
transactions with the Principal:
12. The Company shall be the principal's agent
and shall exercise due care and diligence in performing
services for and ïn behalf of the
Principal.
13. The Principal shall indemnify the Company in
respect of all liabilities incurred by the Company where
acting as a port agent or liner agent or booking agent or
cargo handling agent ïr cargo booking agent
on the Principal's behalf.
14. The Principal shall pay forthwith by
telegraphic transfer to the Company's bank account such sum as the
Company may request as an advance on port and cargo
handling disbursements which the Company
estimate will be incurred whilst the Principal's
vessel is in the Company's agency. If the Principal should
fail to comply with the Company's request, the
Company may at any time give notice of the termination
of its agency.
15. The Company shall be entitled to deduct from
sums held by the Company for the Principal's account
any amounts due to the Company from the
principal.
16. The liability of the Company to its Principal
in respect of any negligent act error or omission committed
by the Company its directors or employees shall not
exceed the amount of the fees or commission
payable by the Principal to the Company in respect of
the vessel or shipment involved (whichever is
less) which fees or commission shall be deemed earned in any
event.
Provided
always that where the Agent acts prudently all damages sustained by or to the ships gear
including containers shall be for the account of the
Principal.
17. The Company shall not be liable to indemnify
the Principal in respect of any contractual fine, penalty or
forfeit incurred by the Principal.
18. Subject to any written instructions to the
contrary the Company shall have authority to appoint agents
to perform services on behalf of the Principal,
including such services as may be the subject of these
conditions, and the agents so appointed shall act as
the principal's agents and not the Company's
agents.
19. Save where otherwise specifically provided
herein the provisions to be found in the FONASBA Standard
Liner Agency Agreement (as applicable from time to
time) shall apply as between the Company and the
Principal.
Liability and Limitations
20. The Company shall perform its duties with a
reasonable degree of care, diligence, skill and judgment.
21. 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:
(a)
Strike, lock-out, stoppage or restraint of labour, the consequences of which
the Company is unable to avoid by the
exercise
of reasonable diligence.
(b) Any cause or event which the Company is unable to avoid and the
consequences whereof the Company is unable to
prevent by the exercise of reasonable diligence.
22. Unless otherwise agreed in writing and in
each instance with a maximum of CY£30.000,
the liability of
the Company to the Merchant shall in all circumstances be
limited to the lesser of sums calculated in the
following manner:
(a)
where goods are lost or damaged:
(i) the value ïf goods lost and damaged or
(ii) a sum calculated at the rate of CY£400 per tonne of the gross
weight of any goods lost or damaged.
(b)
in all other circumstances:
(i) the value of the goods the subject of the relevant transaction
between the Company and the Merchant or
(ii) a sum calculated at the rate of CY£400 per tonne of the gross
weight of the goods the subject of the transaction.
23. For cargo handling and/or stevedoring services the Company
in no event shall be liable for an amount in
excess of that to which the shipping line/shipowner is able to limit
its liability to the shipper or consignee
under the terms to the Bill of Lading or to a sum of
CY£400 per tonne of the
gross weight of the goods
whichever shall be the least.
General
24. If the Merchant or the Principal, as the case may
be, fails to make payment in full of any sums due to the
Company on demand or within any period agreed in
writing, the Company shall be entitled to recover
interest on any sums outstanding at the rate of
9% or such higher or other rate that may from time to
time be prescribed by the laws of
Cyprus.
25. The Company shall have a general lien ïn all goods
and documents relating to goods in its possession,
custody or control for all sums due at any time from
the Principal or the Merchant and/or their
representatives and shall be entitled to sell or
dispose of such goods or documents as agent for and at
the expense of the Principal or the Merchant and
apply the proceeds towards the monies due and the
expenses or the retention insurance and sale of the
goods, the Company shall, upon accounting to the
Principal or the Merchant for any balance remaining,
be discharged from all liability whatsoever in
respect of the goods.
26. The Company shall be entitled to retain and
be paid all brokerages, commission, allowances and other
remuneration, usually retained by or paid to freight
forwarders including cargo handling charges.
27. The Merchant, the Supplier and the Principal
each undertake with the Company that no claim or
allegation of any kind shall be made against any of the
Company's directors officers or employees
(herein collectively called "the Beneficiaries") for any loss
damage or delay of whatsoever kind arising
or resulting directly or indirectly from any negligent act error or omission
of the Beneficiaries in the
performance of the services the subject of these conditions. The Beneficiaries
shall have the benefit of
this undertaking and in entering into this contract the Company, to the extent of this
provision, does so
not only on its own behalf but also as agent or trustee for the Beneficiaries, who shall
to the extent of this
clause only be ïr be deemed to be parties to this
contract.
28. The Company shall perform the services it
undertakes to provide with due dispatch but shall not be
liable for any loss or damage arising from any delay which
it could not reasonably prevent.
29. The Company shall be discharged from all liability
whatsoever to the Principal the Supplier or the
Merchant unless suit is brought within one year of delivery of
the goods or the date when they should
have been delivered or of the act or default complained of,
whichever is the earlier.
30. These conditions shall be subject to Cyprus
Law.
31. If there is any conflict between the terms
set out herein and any other terms and conditions agreed
between the parties these Conditions shall prevail
unless the Company specifically agrees otherwise
in writing.
32. The Principal and/or Merchant undertake to comply with the provisions of the
International Convention
for Safe Container (CSG) 1972 relating to the safety
of containers. Any damage caused (including
bodily harm) by the non-compliance with the said Convention
shall render the Company harmless of
any responsibility despite any involvement of the
Company.
With regard
to containers the Customs Convention of Container 1972 shall apply under these
conditions.
33. A Principal or Merchant shall pay to the
Company for the services rendered by the Company all amounts
as may have been agreed between them by virtue of any
agreement concluded, the amounts arising out
of the charges as per the official tariffs approved
from time to time by the Cyprus Ports Authority as well
as all those charges normally or habitually charged
by the company for services such as notification
fees, bill of lading fees, service fees etc at the rates
recommended or otherwise suggested by the
C.S.A. In the event of a particular service not being provided for
in the scale of charges the Principal or
Merchant shall pay the Company a reasonable charge for such
service.
FEBRUARY, 1998
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