THE CUSTOMER'S ATTENTION IS DRAWN
TO SPECIFIC CLAUSES HEREOF WHICH EXCLUDE OR LIMIT THE COMPANY'S
LIABILITY AND THOSE WHICH REQUIRE THE CUSTOMER TO INDEMNIFY THE
COMPANY IN CERTAIN CIRCUMSTANCES AND THOSE WHICH LIMIT TIME BEING
CLAUSES 8, 10, 12-14 INCLUSIVE, 18-20 INCLUSIVE, AND 24-27
Insurance may only be effected by
the Company under clause 11(A) if so authorised by the Financial
Services Authority or its successor.
All headings are indicative and do not form part of these
DEFINITIONS AND APPLICATION
1 In these conditions the
following words shall have the following meanings:-
"Company" the BIFA member trading
under these conditions.
"Consignee" the Person to whom the goods are consigned.
"Customer" any Person at whose request or on whose behalf the
Company undertakes any business or provides advice, information or
"Direct Representative" the Company acting in the name of and on
behalf of the Customer and/or Owner with H.M. Revenue and Customs
("HMRC") as defined by Council Regulation 2193/92 or as
"Goods" the cargo to which any business under these conditions
relates "Person" natural person(s) or any body or bodies
"SDR" are Special Drawing Rights as defined by the International
"Transport Unit" packing case, pallets, container, trailer,
tanker, or any other device used whatsoever for and in connection
with the carriage of Goods by land, sea or air.
"Owner" the Owner of the Goods or Transport Unit and any other
Person who is or may become interested in them
Subject to sub-paragraph (B) below, all and any activities of the
Company in the course of business, whether gratuitous or not, are
undertaken subject to these conditions.
2 (B) If any
legislation, to include regulations and directives, is compulsorily
applicable to any business undertaken, these conditions shall, as
regards such business, be read as subject to such legislation, and
nothing in these conditions shall be construed as a surrender by
the Company of any of its rights or immunities or as an increase of
any of its responsibilities or liabilities under such legislation,
and if any part of these conditions be repugnant to such
legislation to any extent, such part shall as regards such business
be overridden to that extent and no further.
Customer warrants that he is either the Owner, or the authorised
agent of the Owner and, also, that he is accepting
these conditions not only for himself, but also as agent for and
on behalf of the Owner.
4 (A) Subject
to clauses 11 and 12 below, the Company shall be entitled to
procure any or all of the services as an agent, or, to provide
those services as a principal.
4 (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
5 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.
6 (A) 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
6 (B) The
Company shall, on demand by the Customer, provide evidence of any
contract entered into as agent for the Customer. Insofar as the
Company may be in default of the obligation to provide such
evidence, it shall be deemed to have contracted with the Customer
as a principal for the performance of the Customer's
7 In all and
any dealings with HMRC for and on behalf of the Customer and/or
Owner, the Company is deemed to be appointed, and acts as, Direct
8 (A) Subject
to sub-clause (B) below, the Company:
(i) has a general lien on all Goods and documents relating to
Goods in its possession, custody or control for all sums due at any
time to the Company from the Customer and/or Owner on any account
whatsoever, whether relating to Goods belonging to, or services
provided by or on behalf of the Company to the Customer or Owner.
charges shall continue to accrue on any Goods detained under
(ii) shall be entitled, on at least
28 days notice in writing to the Customer, to sell or dispose of or
deal with such Goods or documents as agent for, and at the expense
of, the Customer and apply the proceeds in or towards the payment
of such sums;
(iii) shall, upon accounting to the
Customer for any balance remaining after payment of any sum due to
the Company, and for the cost of sale and/or disposal and/or
dealing, be discharged of any liability whatsoever in respect of
the Goods or documents.
8 (B) When
the Goods are liable to perish or deteriorate, the Company's right
to sell or dispose of or deal with the Goods shall arise
immediately upon any sum becoming due to the Company, subject only
to the Company taking reasonable steps to bring to the Customer's
attention its intention to sell or dispose of the Goods before
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.
10 (B) 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
(i) after at least 28 days notice in writing to the Customer, or
(where the Customer cannot be traced and reasonable efforts have
been made to contact any parties who may reasonably be supposed by
the Company to have any interest in the Goods) without notice, any
Goods which have been held by the Company for 90 days and
cannot be delivered as instructed; and
(ii) without prior notice, any
Goods which have perished, deteriorated, or altered, or are in
immediate prospect of doing so in a manner which has caused or may
reasonably be expected to cause loss or damage to the Company, or
third parties, or to contravene any applicable laws or
11 (A) No
insurance will be effected except upon express instructions given
in writing by the Customer and accepted in writing by the Company,
and all insurances effected by the Company are subject to the usual
exceptions and conditions of the policies of the insurers or
underwriters taking the risk. Unless otherwise agreed in writing,
the Company shall not be under any obligation to effect a separate
insurance on the goods, but may declare it on any open or general
policy held by the Company.
(B) Insofar as the Company agrees to effect
insurance, the Company acts solely as agent for the Customer, and
the limits of liability under clause 26(A) (ii) of these conditions
shall not apply to the Company's obligations under clause 11.
Except under special arrangements previously made in writing by an
officer of the Company so authorised, or made pursuant to or under
the terms of a printed document signed by the Company, any
instructions relating to the delivery or release of the Goods in
specified circumstances (such as, but not limited to, against
payment or against surrender of a particular document) are accepted
by the Company, where the Company has to engage third parties to
effect compliance with the instructions, only as agents for the
(B) Despite the acceptance by the Company of
instructions from the Customer to collect freight, duties, charges,
dues, or other expenses from the Consignee, or any other Person, on
receipt of evidence of proper demand by the Company, and, in the
absence of evidence of payment (for whatever reason) by such
Consignee, or other Person, the Customer shall remain responsible
for such freight, duties, charges, dues, or other expenses.
12 (C) The
Company shall not be under any liability in respect of such
arrangements as are referred to under sub-clause (A) and (B) hereof
save where such arrangements are made in writing, and in any event,
the Company's liability in respect of the performance of, or
arranging the performance of, such instructions shall not exceed
the limits set out in clause 26(A) (ii) of these conditions.
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.
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, coin, precious stones,
jewellery, valuables, antiques, pictures, human remains, livestock,
pets, 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.
pursuant to instructions previously received in writing and
accepted in writing by the Company, the Company 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 affect other Goods. If such Goods are
accepted pursuant to a special arrangement, but, thereafter, and in
the opinion of the Company, constitute a risk to other goods,
property, life or health, the Company shall, where reasonably
practicable, contact the Customer in order to require him to remove
or otherwise deal with the goods, but reserves the right, in any
event, to do so at the expense of the Customer.
there is a choice of rates according to the extent or degree of the
liability assumed by the Company and/or third parties, no
declaration of value will be made and/or treated as having
been made except under special arrangements previously made in
writing by an officer of the Company so authorised as referred to
in clause 26(D).
17 (A) The
(i) that the description and particulars of any Goods or
information furnished, or services required, by or on behalf of the
Customer are full and accurate, and
(ii) that any Transport Unit and/or
equipment supplied by the Customer in relation to the performance
of any requested service is fit for purpose, and
17 (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
17 (C) that
where the Company receives the Goods from the Customer already
stowed in or on a Transport Unit, the Transport Unit is in good
condition, and is suitable for the carriage to the intended
destination of the Goods loaded therein, or thereon, and
17 (D) that
where the Company 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.
prejudice to any rights under clause 15, where the Customer
delivers to the Company, or causes the Company 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, whether declared to the Company or
not, he shall be liable for all loss or damage arising in
connection with such Goods, and shall indemnify the Company against
all penalties, claims, damages, costs and expenses whatsoever
arising in connection therewith, and the Goods may be dealt with in
such manner as the Company, or any other person in whose custody
they may be at any relevant time, shall think fit.
Customer undertakes that no claim shall be made against any
director, servant, or employee of the Company which imposes, or
attempts to impose, upon them any liability in connection with any
services which are the subject of these conditions, and, if any
such claim should nevertheless be made, to indemnify the Company
against all consequences thereof.
Customer shall save harmless and keep the Company indemnified from
20 (A) 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,
or arising from any breach by the Customer of any warranty
contained in these conditions, or from the negligence of the
without derogation from sub-clause (A) above, any liability
assumed, or incurred by the Company when, by reason of carrying out
the Customer's instructions, the Company has become liable to any
other party, and
20 (C) all
claims, costs and demands whatsoever and by whomsoever made or
preferred, in excess of the liability of the Company under the
terms of these conditions, regardless of whether such claims,
costs, and/or demands arise from, or in connection with, the breach
of contract, negligence or breach of duty of the Company, its
servants, sub-contractors or agents, and
20 (D) any
claims of a general average nature which may be made on the
21 (A) The
Customer shall pay to the Company in cash, or as otherwise agreed,
all sums when due, immediately and without reduction or deferment
on account of any claim, counterclaim or set-off.
21 (B) The
Late Payment of Commercial Debts (Interest) Act 1998, as amended,
shall apply to all sums due from the Customer
liability arises in respect of claims of a general average nature
in connection with the Goods, the Customer shall promptly provide
security to the Company, or to any other party designated by the
Company, in a form acceptable to the Company.
LIABILITY AND LIMITATION
Company shall perform its duties with a reasonable degree of care,
diligence, skill and judgment.
Company shall be relieved of liability for any loss or damage if,
and to the extent that, such loss or damage is caused by:-
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
24 (B) 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.
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.
26 (A) Subject to clause 2(B) and
11(B) above and sub-clause (D) below, 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:
(a) the value of any loss or damage, or
(b) a sum at the rate of 2 SDR per kilo of the gross weight of any
Goods lost or damaged whichever shall be the lower.
(ii) subject to (iii) below, in the case of all other claims:
(a) the value of the subject Goods
of the relevant transaction between the Company and its Customer,
(b) where the weight can be defined, a sum calculated at the rate
of two SDR per kilo of the gross weight of the subject
Goods of the said transaction, or
(c) 75,000 SDR in respect of any one transaction, whichever shall
be the least.
(iii) in the case of an error and/or omission, or a series of
errors and/or omissions which are repetitions of or represent
the continuation of an original error, and/or omission
(a) the loss incurred, or
(b) 75,000 SDR in the aggregate of any one trading year commencing
from the time of the making of the original error,
and/or omission, whichever shall be the lower.
For the purposes of clause 26(A),
the value of the Goods shall be their value when they were, or
should have been,
shipped. The value of SDR shall be calculated as at the date when
the claim is received by the Company in writing.
26 (B) Subject to clause 2(B) above
and sub-clause (D) below, the Company's liability for loss or
damage as a result of failure
to deliver, or arrange delivery of goods, in a reasonable time, or
(where there is a special arrangement under Clause 25)
to adhere to agreed departure or arrival dates, shall not in any
circumstances whatever exceed a sum equal to twice the
amount of the Company's charges in respect of the relevant
26 (C) Save in respect of such loss
or damage as is referred to at sub-clause (B), and subject to
clause 2(B) above and Sub-
Clause (D) below, the Company shall not in any circumstances
whatsoever be liable for indirect or consequential loss
such as (but not limited to) loss of profit, loss of market, or
the consequences of delay or deviation, however caused.
26 (D) On express instructions in
writing declaring the commodity and its value, received from the
Customer and accepted by
the Company, the Company may accept liability in excess of the
limits set out in sub-clauses (A) to (C) above upon the
Customer agreeing to pay the Company's additional charges for
accepting such increased liability. Details of the
Company's additional charges will be provided upon request.
27 (A) Any claim by the Customer
against the Company arising in respect of any service provided for
the Customer, or which
the Company has undertaken to provide, shall be made in writing
and notified to the Company within 14 days of the date
upon which the Customer became, or ought reasonably to have
become, aware of any event or occurrence alleged to
give rise to such claim, and any claim not made and notified as
aforesaid shall be deemed to be waived and absolutely
barred, except where the Customer can show that it was impossible
for him to comply with this time limit, and that he has
made the claim as soon as it was reasonably possible for him to do
27 (B) Notwithstanding the
provisions of sub-paragraph (A) above, the Company shall in any
event be discharged of all liability
whatsoever and howsoever arising in respect of any service
provided for the Customer, or which the Company has
undertaken to provide, unless suit be brought and written notice
thereof given to the Company within nine months from
the date of the event or occurrence alleged to give rise to a
cause of action against the Company.
JURISDICTION AND LAW
28 These conditions and any act or
contract to which they apply shall be governed by English law and
any dispute arising out of any act or contract to which these
Conditions apply shall be subject to the exclusive jurisdiction of
the English courts.
At Edaran Express
Int Ltd we are committed to safeguarding and preserving
provided by our legal resource and reviewed and approved by our
that you provide to us, or that we collect from you whilst you
visit our site.
We do update this Policy from time to time so please do review
this Policy regularly.
Information We Collect
In running and maintaining our website we may collect and
process the following data about you:
i. Information about your use of our site including details of
your visits such as pages viewed and the resources that you access.
Such information includes traffic data, location data and other
ii. Information provided voluntarily by you. For example, when
you register for information or make a purchase.
iii. Information that you provide when you communicate with us
by any means.
Cookies provide information regarding the computer used by a
about your computer in order to assist us in improving our
We may gather information about your general internet use by
using the cookie. Where used, these cookies are downloaded to your
computer and stored on the computer's hard drive. Such information
will not identify you personally. It is statistical data. This
statistical data does not identify any personal details whatsoever.
You can adjust the settings on your computer to decline any cookies
if you wish. This can easily be done by activating the reject
cookies setting on your computer.
control. Such cookies (if used) would be downloaded once you click
on advertisements on our website.
Use of your information
We use the information that we collect from you to provide our
services to you. In addition to this we may use the information for
one or more of the following purposes:
i. To provide information to you that you request from us
relating to our products or services.
ii. To provide information to you relating to other products
that may be of interest to you. Such additional information will
only be provided where you have consented to receive such
iii. To inform you of any changes to our website, services or
goods and products.
If you have previously purchased goods or services from us we
may provide to you details of similar goods or services, or other
goods and services, that you may be interested in.
Where your consent has been provided in advance we may allow
selected third parties to use your data to enable them to provide
you with information regarding unrelated goods and services which
we believe may interest you. Where such consent has been provided
it can be withdrawn by you at any time.
Storing Your Personal Data
In operating our website it may become necessary to transfer
data that we collect from you to locations outside of the European
Union for processing and storing. By providing your personal data
to us, you agree to this transfer, storing or processing. We do our
upmost to ensure that all reasonable steps are taken to make sure
that your data is treated stored securely.
Unfortunately the sending of information via the internet is not
totally secure and on occasion such information can be intercepted.
We cannot guarantee the security of data that you choose to send us
electronically, Sending such information is entirely at your own
Disclosing Your Information
We will not disclose your personal information to any other
circumstances detailed below:
i. In the event that we sell any or all of our business to the
ii. Where we are legally required by law to disclose your personal
iii. To further fraud protection and reduce the risk of fraud.
On occasion we include links to third parties on this website.
Where we provide a link it does not mean that we endorse or approve
that site's policy towards visitor privacy. You should review their
Access to Information
In accordance with the Data Protection Act 1998 you have the
right to access any information that we hold relating to you.
Please note that we reserve the right to charge a fee of £10 to
cover costs incurred by us in providing you with the
Please do not hesitate to contact us regarding any matter
firstname.lastname@example.org OR by calling us on 01612029388. All
enquiries will be replied Monday to Friday 9am - 5pm GMT.