CONTENTS A)
General Operating Conditions B)
Warehouse Conditions Section
A - General Operating Conditions 1)
The following conditions shall apply to all services performed by Victoria Group
Ltd and Subsidiaries (hereinafter called 'THE COMPANY') save as otherwise specifically
provided. 2) These conditions
may be altered or varied at any time and from time to time in such respects and
in such manner as THE COMPANY may consider necessary or requisite. 3)
DEFINITIONS
In these conditions:-
a)
'Charges' include charges, rates tolls and dues of every description for the time
being payable to THE COMPANY.
b) The 'dock
estate' means the docks, piers, wharves, quays, berths, roads, railways, bridges,
sheds and other works and conveniences and the lands, buildings and property of
every description and of whatever nature, for the time being vested in or occupied
by THE COMPANY.
c) 'Port Management/Harbour
Master' means the person duly appointed by THE COMPANY to be in charge of operations
at or on the dock estate and Harbour and shall include his deputies and assistants.
d)
'Goods' means any wares, merchandise, articles and things of any description including
fish, livestock and animals of all descriptions and oils, liquids and gases.
e)
'Owner' (a) when used in relation to goods includes the owner, agent, consignor,
shipper, consignee or other person in charge of the goods and their respective
agents in relation thereto and (b) when used with reference to any vessel includes
the owner, agent, charterer, master or other person in charge of the vessel and
(c) when used with reference to any road and rail vehicles includes the owner,
agent, driver or other person in charge of the vehicle.
f)
'Services' means any operation or service performed or provided by THE COMPANY
in connection with the berthing, unberthing, moving and servicing of any vessel,
the shipping and unshipping of goods, the sorting, weighing, making, checking,
coopering, storing and general handling and movement of goods and the embarking,
disembarking and movement of passengers. 4)
RIGHT TO REFUSE WORK
THE COMPANY reserves
the right to decline to perform any work or service and no liability shall attach
to it in consequence thereof. 5)
LIEN ON GOODS
Any goods held by THE
COMPANY shall be liable to a general lien for any charges payable to THE COMPANY
by the owner of such goods. 6)
IMPORT GOODS
Goods which for any reason
cannot be delivered at the time of landing ex ship or direct from the ship's side
will be placed on the quays in a transit shed or elsewhere within the dock estate
at the expense of an at the sole risk of the owner. 7)
CARGO
a) Authorisation fro the removal
of imported goods will not be granted unless documents of title have been duly
presented to Port Management/Harbour Mater or unless the owner of the vessel has
notified the Port Management/Harbour Master in writing that the goods may be released
to nominated persons.
b) No goods shall
be delivered to any consignee without the production by the consignee or his agent
of the necessary authority form H M Customs nor without a delivery order signed
by the ship's agent authorising the removal of the cargo.
c)
A ship shall not break bulk until her cargo has been reported at the Custom House
or special authority from H M Customs has been obtained. 8)
EXPORT GOODS
No goods shall be received
within the dock estate except by prior arrangement with the Port Management/ Harbour
Master and then only in accordance with such conditions as he may prescribe. 9)
CARGO NOT SHIPPED
The acceptance by
THE COMPANY of goods for shipment does not imply that such goods will be shipped.
The acceptance or refusal of goods for shipment is the responsibility of the owner
of the vessel concerned. 10)
RAILWAY
THE COMPANY will not accept
any responsibility should wagons not be available and consignors of goods may
be held liable for charges incurred as a result of wagons not being available
when required. 11) Any
demurrage charges by rail companies in respect of wagons, sheets, ropes, chains
or other similar fittings will be the responsibility of the owner of the goods. 12)
HAZARDOUS CARGOES
No goods of dangerous,
hazardous, inflammable or poisonous nature including those enumerated in the Dangerous
Substances in Harbour Area Regulations SI 1987/37 or Dangerous Goods & Marine
Pollutants Regulations SU 1997/2367 or such other relevant regulations for the
time being in force will be dealt with by THE COMPANY except by permission of
the Port Management/Harbour Master and then only in accordance with the conditions
prescribed by him and in accordance with the Statutory Regulations governing the
handling of such goods. 13)
PAYMENT OF CHARGES
All charges are due
on demand from the owner of any vessel or goods as the case may be and are payable
at the respective company's office. 14)
Any damage alleged to have been caused to vessels during loading or discharging
operations or deficiencies or damage to goods/conveyances must be notified to
the Port Management/Harbour Master in sufficient time to afford an opportunity
for such alleged damage to be surveyed. THE COMPANY will accept no liability whatsoever
if this condition is not complied with. 15)
GENERAL LIABILITY
THE COMPANY will not
be responsible for any loss, damage or delay sustained by goods, vessels, road
and rail vehicles or any other description of property during any service performed
by then except for injury or damage arising from the proven negligence of their
servants or agents. 16)
Notwithstanding the provisions of Condition 15 THE COMPANY will accept no responsibility
whatever for loss, damage or delay caused to goods, vessels or vehicles or other
descriptions of property arising as the result of:-
a)
Operations performed by workmen or persons not in the employ of THE COMPANY or
acts of omission committed by such workmen or persons.
b)
Operations involving the use of plant, gear or equipment not supplied by THE COMPANY.
c)
The insecure, inadequate or frail packaging of goods.
d)
Any lack of information or the provision of improper or incorrect information.
e)
Errors of judgements on the part of THE COMPANY or their servants or agents in
sorting, grading or selection processes.
f)
The deficient or illegible marking of goods.
g)
Cranes, grabs and ship's gear equipment working directly to/from road and rail
vehicles.
h) Handling lifts, the gross weight
of which are in excess of 5 tonnes or the declared weight whichever is the greater
including containers or flats.
i) The improper
or inadequate mooring of vessels or the movement of a vessel during cargo handling
operations.
j) The handling of long or awkward
lifts such as beams, girders or piling bars or of scrap metal materials.
k)
Goods held in open storage or in transit sheds otherwise than under special arrangements
whereby THE COMPANY become custodians of goods as warehousemen.
l)
The handling of animals and birds, bullion or specie, explosives, ammunition and
hazardous goods, glass, earthenware and fragile goods, machinery (unprotected),
instruments, radioactive and fissile materials.
m)
Failure on the part of bodies or persons to fulfil contractual obligations to
THE COMPANY upon which the proper performance of any service may depend. 17)
Subject to the provisions of Conditions 15 and 16 the total liability of THE COMPANY
for any loss or damage shall not exceed the value of the goods and shall be limited
to a sum of £100 per tonne (or pro rata for any part of a tonne) of the
gross weight of the whole consignment. Where the claim is in respect of part of
a consignment liability shall be limited to that portion of the sum ascertained
as above which the value of that part of the consignment bears to the value of
the whole consignment. 18)
Any item of goods weighing 1 tonne or more, including the weight of any packaging
or container shall have the correct gross weight clearly marked thereon. Any owner
failing to comply with this condition will be held responsible for any loss or
damage which may arise as a result of such information not being so marked.
Section
B - Warehouse Conditions
GOODS
ARE WAREHOUSED IN ACCORDANCE WITH THE CONDITIONS OF THE UNITED
KINGDOM WAREHOUSING ASSOCIATION AS
FOLLOWS:- Membership
Number 00019804 CONTRACT
CONDITIONS FOR LOGISTICS
The Company
is a member of UKWA, is not a common carrier and provides all items and services
on the following Conditions which can be varied only in writing by an Officer
of the Company. If a
Customer's acceptance document, purchase order or other documentation, received
by the Company before o after notification of these Conditions, contains terms
at variance with these Conditions, then every such term shall be of no effect. IMPORTANT
NOTE: PLEASE READ CONDITON 3 CAREFULLY. It has been included to relieve
the Customer of the additional amount that the Company would need to charge to
recover insurance costs (or an amount in lieu to reflect risk) were its liability
not limited as provided for in Condition3. THE
COMPANY'S OBLIGATIONS
1.1 The Company
will provide its services with reasonable skill and care. In the absence of prior
written instruction to the Company giving sufficient detail, no particular precautions
nor any special treatment need be taken or provided for the Goods. 1.2
In the case of bulk Goods, the Company many deal with and/or mix apparently similar
goods consigned by or for the Customer without distinguishing between consignments. 1.3
In the case of carriage the Company's responsibility for the Goods start when
loading on the vehicle s complete and ends when the Goods are tendered for unloading.
In the case of storage and/or processing it starts when they are accepted into
store and ends when they are tendered for collection, or the Company becomes aware
of the grounds for their removal under Condition 2.2 or on the expiry of notice
under Condition 7.1 or 7.2. Where the Company provides storage and carriage it
shall also be responsible for the Goods while they are transferred from its vehicle
into its store and vice versa. In the case of forwarding, the Company's responsibility
is only to engage or propose apparently competent contractors and to give them
adequate instructions in relation to the Goods and in this case, or where the
contract is for advice, it is not responsible for the Goods themselves. 1.4
The Company's duty is to the Customer only and not to any hired party. Any advice
given is for the Customer only. 1.5
Unless it states otherwise in writing, where the Company provides forwarding services
it operates as the Customer's agent in engaging contractors to deal with the Goods. CUSTOMER'S
UNDERTAKINGS
2.1 It is a condition of
the contract, and the Customer warrants and undertakes, that:- 2.1.1
It is either the owner of the Goods, or is authorised by the owner to accept these
Conditions on the owner's behalf.
2.1.2 The Goods shall be presented to the
Company (and/or anyone else dealing with them) securely and properly packed in
compliance with any applicable statutory regulations, recognised standards and
best practice and are and will remain in a condition to be safely handled, stored
an/or carried and so as not to cause injury, damage, contamination or deterioration
(or the possibility of them) to any person, premises, equipment or to any other
items in any way.
2.1.3 Before the Company assumes any responsibility for or
by reference to the Goods, the Customer will inform the Company in writing of
any relevant matters, including any special precautions necessitated by the nature,
weight or condition of the Goods and any statutory or other duties specific to
the Goods with the Company or others may need to comply, and will promptly after
invoicing pay the Company's reasonable extra charges for complying.
2.1.4 It
will promptly after invoicing reimburse all duties, taxes and expenses that the
Company many be required to pay in respect of the Goods including where the liability
to pay them arises due to the fault, other act or omission of the Company or its
employees or sub-contractors.
2.1.5 Except to the extent previously notified
in detail to and accepted by, the company in writing none of the Goods are hazardous
or contaminated, may cause pollution of the environment or harm to human health
if they escape from their packaging, require any official consent or licence to
handle, possess, deal with or carry; will at any time whilst in the care or control
of the Company constitute Waste.
2.1.6 Where the Company is carrying the Goods,
the Customer will provide a risk assessment and method statement appropriate for
the Goods and any location in which they are being handled. Unless otherwise previously
agreed the Customer will provide suitable facilities and equipment for, and will
procure, safe and prompt loading and unloading of the Goods. The Customer will
pay demurrage at the Company's standard rate if the vehicle is delayed for more
that 30 minutes beyond the time reasonably needed for loading or unloading; and
demurrage and storage charges if delivery is refused.
2.1.7 It will comply
with any reasonable regulations of the Company relating to handling, carriage,
storage or forwarding of Goods (and ancillary matters) which are notified in writing
form time to time.
2.1.8 Information given by or on its behalf shall be materially
correct and complete.
2.2
The Customer will indemnify the Company against any loss or damage it suffers
as a result of carrying out the Customer's instructions or which is related to
any breach of the Customer's obligations, and will pay all costs and expenses
(including professional fees) incurred in, and the Company's reasonable charges
for, dealing with the breach and its consequences. The Customer will pay an extra
charge equal to the amount of any fine or penalty payable by the Company wholly
or partly as a result of a breach by the customer. If the Company suspects a breach
of Condition 2, it may refuse to accept the Goods, demand their immediate removal,
or itself arrange their removal without notice, at the Customer's expense. INSURANCE
AND THE COMPANY'S LIABILITY FOR LOSS
3.1
Except as provided in Condition 3.5, the Company does not insure the Goods and
the Customer shall self-insure or make arrangements to cover the Goods against
all insurable risk to heir full insurable value (including all duties and taxes)
with any right for the insurer to bring a subrogated claim against the Company
being excluded. 3.2
Subject to Condition 3.3, the Company excludes all liability for Loss however
arising. 3.3 If an to
the extent that Loss is directly caused by negligence or wilful act or default
of the Company, its employees (acting in furtherance of their duties as employees)
or sub-contractors or agents (acting in furtherance of their duties as sub-contractors
or agents) and subject to Condition 3.4, 3.7 and 3.8, the Company will accept
liability for Loss assessed on normal legal principles but not exceeding the Limit
fixed by Condition 3.5. Any quantification of value includes duties and taxes. 3.4
In no case shall the Company be liable for any lost profit, income or saving,
wasted expenditure, or indirect or consequential loss. 3.5
In no case shall any liability of the Company (including inter alia any liability
in respect of duties and taxes) exceed the Limit, fixed as follows:- 3.5.1
The Customer may specify the Limit as an amount (in Sterling, US Dollars or Euros)
per tonne weight by notice in writing stating the Limit and the nature and maximum
value of the Goods, including duty and taxes. The Limit nominated by the Customer
shall apply n respect of any cause of action arising after the Data. It is a condition
of the contract that the Customer pays within 7 days of receipt the Company's
invoices for its costs in insuring against its potential liability up to the Limit,
and/or to the extent that the Company elects to carry the risk itself, its extra
charge equivalent to the estimated or likely cost of such insurance.
3.5.2
If the company having made reasonable efforts is unable to obtain insurance on
reasonable terms to cover its liability up to the Limit nominated by the customer,
or if the Customer has not yet paid any invoice issued under Condition 3.5.1,
the Company may give 7 days written notice, and the Limit for causes of action
arising after expiry shall be £100 sterling per tonne.
3.5.3 Unless and
until a higher limit has been fixed under Condition 3.5.1 and continues if effect,
the Limit shall be £100 sterling per tonne.
3.6
Without prejudice to the Company's rights under Condition 6 to be paid free from
deduction or set-off, any limitation of liability on the part of the Company shall
be applied to any claim by the Customer before any set off or counterclaim is
asserted against money due to the Company. 3.7.1
The Company shall not be liable for any claim unless:
it has received written
notice of it within 10 days of the event giving rise to the claim coming to the
knowledge of the Customer or consignee; and it has received within 21 days of
the event giving rise to the claim coming to the knowledge of the Customer or
consignee sufficient detail in writing to enable investigation. In the case of
failure to deliver, time shall run from the first working day after the expected
date of delivery.
3.7.2 No legal proceeding (including any counterclaim) may
be brought against the Company unless they are issued and served within 9 months
of the event giving rise to the claim.
3.8
The Company shall not be liable for any Loss to the extent that it is caused or
contributed to by a breach of any of the Customer's obligations in Condition 2,
or by any of the circumstances by virtue of which the Company is relieved or its
obligations under condition 8. EMPLOYEES,
SUB-CONTRACTORS AND OTHERS
4.1 The Company
shall be entitled to sub-contract all or any part of its obligations and in this
event these conditions shall apply to such services. Where storage is subcontracted
the Company will on request notify the Customer of the location of the Goods.
4.2 No interested Party
will make a claim or issue proceedings in respect of Loss against any Additional
Party. 4.3 Without prejudice
to Condition 4.2, if and Additional Party pay or is liable to make a payment to
an Interested Party in connection with a claim for Loss, the Interested Party
will fully indemnify the Company against any claim (including all cost and expenses)
by the Additional Party against the Company for reimbursement of, contribution
to or indemnity against that payment to the extent that it exceeds the Limit applicable
at the time of the event giving rise to the claim. CHANGE
OF CUSTOMER
5.0 The Customer may give
written authority for the Goods or any part to be transferred to the account of
another party on condition that before the effective date of the transfer the
other party notifies the Company in writing that it is to become the Customer
and is to be bound by these Conditions and by any notice given under Condition
3 and will pay the Company' charges for the period after the effective date. The
Customer will pay the charges for the period until the later of the effective
date or receipt and acceptance by the Company of the other party's written notification.
The Goods remain subject to any lien which applies at the time of transfer. CHARGES,
PAYMENTS AND LIEN
6.1 The Company's
charges are subject to VAT and may be increased by prior notice to the Customer.
The notice shall be at least 7 days for increases reflecting any rise in fuel
costs and at lest 21 days otherwise. The Company has the right to charge for storage
of the Goods for so long as it has custody of or is responsible for them. 6.2
The charges shall be paid free of any deduction or set-off at such periodic intervals
as may have been agreed between the parties and in any event on the earlier of
(a) the expiry of any agreed period of credit and (b) the time immediately before
any of the Goods cease to be in the Company's care or control. The Company shall
be entitled to payment for carriage at the time the Goods are loaded onto the
vehicle. 6.3 Interest
shall be paid on money overdue to the Company at the rate of 2% for each calendar
month during all or part of which it is overdue. 6.4
The Company shall (on its own behalf and as agent for any assigns of its invoices)
have a general and particular lien on the Goods (and any associated documentation
or records) as security for payment of all sums (whether due or not) claimed by
the Company from, or invoiced to, the Customer or another Interested Party on
any account (relating to the Goods or not), or otherwise claimed in respect of
the Goods or other property of an Interested Party. Storage shall be charged for
any goods detained under lien. TERMINATION
7.1
The Goods shall be removed by the Customer at the time agreed between the parties.
The Company may at any time by notice in writing to the Customer require the removal
of the Goods within 14 days from the date of such notice or, in the case of perishable
goods, within 3 days. 7.2
Where the Customer fails to comply with Condition 7.1, or any payment form the
Customer is overdue, the Company may, without prejudice to its other rights and
remedies against the Customer, notify the Customer in writing that the Foods may
be sold or otherwise disposed of at the Customer's entire risk and expense if
such payment is not made and/or such Goods are not removed within 21 days, or
in the case of perishable goods within 3 days, from the date of such notice. On
expiry of the period is such payments has not been mad and/or the Goods have not
been so removed the Company may sell or otherwise dispose of the Goods or any
part at the Customer's entire risk and expense by an appropriate method, and any
proceeds of sale or disposal shall be remitted to the Customer after deduction
of all expenses and all amounts claimed by the Company an any assignee of its
invoices.
FORCE
MAJEURE
8.0 The Company shall be relieved
of its obligations to the extent that their performance is prevented or delayed
by, or their non-performance results wholly or partly from, the act or omission
of the Customer or its agent or an Interested Party (including any breach by the
Customer of these conditions) or by storm, flood, fire, explosion, civil disturbance.
Governmental or quasi- governmental action, breakdown or unavailability of premises,
equipment or labour, or other cause beyond the reasonable control of the Company. GENERAL
9.1
Each exclusion or limitation in these conditions exists separately and cumulatively. 9.2
Signature on a delivery note is evidence that the Goods have been received in
apparently good order save as noted. 9.3
The Company may open up packaging to inspect Goods. 9.4
Any notice shall be duly given if left at or sent by first class prepaid post
to the last known address of the other party or by facsimile to the last notified
number evidenced by a successful transmission record, or by email to the last
address notified for the purpose of service; and shall if posted be deemed to
have been given 2 working days after posting, and if by facsimile or email, one
working day after sending. GOVERNING
LAW
10.0 All Contracts between the Company
and the Customer and any claims relating to the Goods shall be governed by the
law of England and disputes dealt with exclusively by the English courts. DEFINITIONS
11.0
terms used in these Conditions have the following meanings:
'Additional Party' means any employee, agent or sub-contractor of the Company,
or anyone entitled to an indemnity, reimbursement or contribution from the Company
in respect of a claim by an Interested Party.
'Company' means the party agreeing to provide the services and/or items
under the contract.
'Customer' means the party requesting the services and/or items under the
contract. 'Date'
means the 10th working day after the relevant notice is actually received
by the Company. 'Goods'
means goods (including any associated packaging and equipment) to which the contract
relates. 'Interested
Party' means the Customer and/or anyone with an interest in the Goods; any
obligation of the Interested Party is borne jointly and severally.
'Limit' means a limit per tonne gross weight of that part of the Goods
in respect of which a claim arises.
'Loss' includes (without limitation) loss (including theft), destruction,
damage, unavailability, contamination, deterioration, delay, non-delivery, mis-delivery,
unauthorised delivery, non-compliance with instructions or obligations, or incorrect
advice or information.
'Officer' includes a Director, Company Secretary, Partner, or member of
an LLP. 'Subcontractor'
means a party engaged at the behest of the Company to perform some or all
of the Company's obligations.
'Waste' bears its general meaning and also means 'Waste' and 'Directive
Waste' as defined legislatively. Reproduced
by kind permission of The United Kingdom Warehousing Association. AL/LB/06.07.07 | 
