Terms and Conditions

Medsea Ltd. terms and conditions of use

Standard Terms and Conditions of Trading

Medsea Shipping Agency

Standard Terms and Conditions of Trading

The Attention of the Customer is drawn to the following terms and conditions of trading which exclude or limit the Company’s liability and those which require the Customer to indemnify the Company in certain circumstances.

1. APPLICATION AND DEFINITIONS

(i) Application

All services of the Company, whether gratuitous or not, are subject to:

(A) The provisions of these Terms and Conditions and to the provisions of the Company’s or another applicable Tariff, if any.

(B) To the extent that the Company undertakes or arranges the carriage of Goods Containers and any services connected therewith, the provisions of these Conditions, shall be paramount in so far as such provisions are inconsistent with these Conditions.

(C) In so far as these Conditions are inconsistent with the provisions of any applicable Tariff, these Conditions shall be paramount.

(D) Copies of the provisions of any applicable tariff are obtainable from the Company upon written request.

(ii) Definitions

In these terms and conditions

(A) The term “Authority” shall mean any person or body of persons which is a duly constituted legal or administrative person, acting within its legal powers and exercising jurisdiction within any nation, state, municipality, port or airport;

(B) The term “Company” shall mean Medsea Shipping Agency Limited Limited;

(C) The term “Container” shall mean any container, flexitank, trailer, transportable tank, flat, pallet or any article of transport used to carry or consolidate goods and any equipment of or connected thereto and in respect of which the Company performs or is requested to perform any service or which enters the Company’s depot in connection with such service;

(D) The term “Customer” shall mean any person at whose request or on whose behalf the Company undertakes any business or provides a service and any person having any rights or obligations under any contract whatsoever concluded with the Company or as a result of his activity in connection with such services;

(E) The term “Goods” shall mean the cargo and containers, pallets or similar articles of transport or packaging, in respect of which the Company provides or is requested to provide a service;

(F) The Term “Dangerous Goods” shall mean goods which are officially classified as hazardous and includes goods which are or may become of a dangerous, inflammable, radioactive, noxious or damaging nature and goods likely to harbour or encourage vermin or other pests;

(G) The term “Goods of High Value” shall include bullion, precious stones, bank notes or coins, bonds, negotiable instruments or securities of any kind, cigarettes, spirits, precious metal objects, precious jewelry, valuable works of art, antiques, historical artifacts and bloodstock;

(H) The term “In writing/written” shall mean and include inter alia any telegram, telex, facsimile, e-mail, handwriting or any recording by electronic means.

(I) The term “Owner” shall mean and include the owner, shipper and consignee of goods and any other person who is or who may become interested in the Goods and anyone acting on their behalf

(J) The term “Agent” shall mean and include direct and indirect sub-contractors and their respective servants and agents.

(K) The term “Person” shall mean and include persons or any body or bodies corporate;

(L) The term “Vehicle” shall mean any motor vehicle (including but not limited to any lorry, van, trailer, crane, forklifter or car) in respect of which the Company performs or is requested to perform any service or which enters the Company’s depot in connection with such service.

(M) Except where the context otherwise requires, words denoting the singular include the plural and the masculine include the feminine and vice versa.

2. SERVICES PROVIDED TO THE CUSTOMER

The Company shall undertake to provide or to make arrangements for the provision of the following services to the Customer:

(i) the carriage of goods and/or the arrangement for the carriage of goods and/or
(ii) storage of goods and/or
(iii) handling of goods and/or
(iv) lifting of goods.
(v) packaging and labeling of goods
(vi) renting and leasing of equipment, vehicles, machinery
(vii) renting and leasing of dry van containers

3. WARRANTY OF AGENCY

The Customer shall warrant that it is either the owner of the Goods concerned or is duly authorised by such owner to accept these Conditions for and on such owner’s behalf.

The Customer contracts and agrees with the Company on behalf of himself and as agent for all persons who have or may acquire any proprietary, possessory or other rights in respect of Goods, Containers or Vehicles to be bound by the terms of these Conditions and by the terms of any applicable Tariff and warrants that he has the authority of all such persons to contract and to agree as aforesaid.

4. OBLIGATIONS OF THE CUSTOMER

(i) The Customer shall give sufficient and executable instructions.

(ii) The Customer warrants that the description and particulars of the Goods and Containers (including, but not limited to, weight, content, measure, quantity, condition, marks, numbers and value) are complete and correct and that the Goods are labeled and marked in compliance with all laws, regulations and requirements which may be applicable.

(iii) The Customer warrants that the Goods and non-empty Containers are properly packed in a manner adequate to withstand normal handling or storage and in compliance with all laws, regulations and requirements or official or recognized standards as may be applicable and in such condition as not to cause damage or injury to the property of the Company or to any other goods, whether by spreading of damp, infestation, leakage or the escape of fumes or substances or otherwise howsoever.

(iv) Before presentation of the Goods for any of the services provided in Article 2 of these Standard Terms and Conditions of Trading, the Customer shall duly inform the Company in writing of any special precautions necessitated by the nature, weight or condition of the Goods and of any statutory duties specific to the Goods with which the Company may need to comply. The Customer also undertakes to supply the Company with any information concerning the nature of the Goods and their packaging as the Company may reasonably request.

(v) The owners or agents of the owners of the goods undertake to reimburse the Company with all duties and taxes that the Company may be required to pay in respect of the Goods, except to the extent that the Company is required to accept responsibility for them in accordance with this Article.

5. GOODS OF A PARTICULAR NATURE

(i) Unless prior to acceptance of the Goods by the Company, the Company receives written notice containing all appropriate information, none whatsoever of such Goods will be construed to be Valuables, Dangerous Goods, human remains, live animals or plants and unless prior to acceptance of the Goods by the Company, the Company receives written notice containing all appropriate information, none of the Goods will be construed as to being of their very nature or as to containing substances the storage of which would require the obtaining of any consent or licence or which, if they escaped from their packaging, would or may cause pollution of the environment or harm to human health.

(ii) If Goods in the opinion of the Company or any Authority constitute a risk to other goods, property, life or health such Goods may without notice be destroyed or otherwise dealt with at the sole discretion of the Company and at the risk and expense of the Customer.

6. GOODS OF HIGH VALUE

Unless otherwise agreed in writing, the Customer undertakes that no Goods of High Value or requiring special use or handling shall be delivered to the Company and that the Company shall not be caused to deal with or handle such Goods. If such Goods are delivered without such agreement, the Goods may be refused receipt by the Company or stored elsewhere at the Customer’s own risk and expense.

7. TEMPERATURE CONTROLLED GOODS

(a) Unless otherwise previously agreed in writing, the Customer undertakes that no Goods requiring temperature control will be delivered to the Company and that the Company shall not be caused to deal with or handle such Goods.

(b) If the Company agrees to handle Goods which require temperature control, the Customer warrants and undertakes:

(i) to give written notice of the nature of the Goods and particular temperature range to be maintained and that the Container has been properly pre-cooled or pre-heated as appropriate; that the Goods have been properly stuffed in the container and that its thermostatic controls have been properly set. If the above requirements are not complied with, the Company shall not be liable for any loss of or damage to the Goods to the extent caused by such non-compliance.

(ii) that any refrigerated container shall be in good working order at the time it is placed in the custody of the Company and to hold the Company harmless for any loss of or damage to the Goods directly or indirectly arising from any failure of the cooling mechanism of any refrigerated container.

8. BREACH

(i) If the Customer is in breach of Articles 5 or 6 or 7 above the Goods may without notice be refused receipt by the Company, be destroyed or otherwise dealt with at the sole discretion of the Company and at the risk and expense of the Customer.

(ii) The Customer shall indemnify the Company against any loss or damage it suffers which is directly related to the breach, including all costs and expenses, judicial and extra-judicial incurred therein, and the Company’s reasonable charges for reparation of the breach and its consequences.

(iii) The Customer will in addition 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 of this contract.

9. INDEMNITIES

(i) The Customer shall defend, indemnify and hold harmless the Company against all loss, damage, liability, costs and expense to the extent arising from:-

(a) any breach of the Customer’s undertakings in accordance with the articles above;

(b) the act or omission of the Customer or the Owner or any person acting on their behalf;

(d) the Company complying with the orders of an Authority with regard to the Goods;

(e) the handling, loading, stowage or unloading of the Goods by the Customer or Owner or any person acting on their behalf;

(f) the nature of the Goods, or

(g) the defective condition of or overweight Containers or Vehicles.

(ii) The Customer shall defend, indemnify and hold harmless the Company against all duties, taxes and fines in respect of the Goods howsoever arising. Notwithstanding the foregoing, if the duty or tax arises from the physical loss or damage to the Goods for which the Company is liable under article 13 of these Conditions, the Customer having indemnified the Company may include such duty or tax in any claim arising under Article 4 of these Standard Terms and Conditions.

(iii) The Customer’s Bill of Lading or other contracts of carriage, handling or storage shall include a provision prohibiting the making of any claim against the Company, its servants or agents, and a provision that the Company, its servants and agents shall have the benefit of any provisions in such contract of carriage, handling or storage excluding or limiting the liability of the Customer in respect of the Goods, Containers or Vehicles.

(iv) The Customer undertakes that no claim be made against any servant or agent of the Company which imposes or attempts to impose upon any of them any liability whatsoever in connection with the Goods, Containers or Vehicles and if any such claim should nevertheless be made, to indemnify the Company against all consequences thereof.

(v) Without prejudice to the foregoing, every such servant or agent shall have the benefit of all provisions herein, as if such provisions were expressly for their benefit. In entering into this contract the Company, to the extent of those provisions, does so not only do so on its own behalf, but as agent and trustee for such servants and agents.

(vi) The Customer shall defend, indemnify and hold harmless the Company from and against 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 and without prejudice to the generality of this article this indemnity shall cover all claims, costs and demands arising from or in connection with the negligence of the Company, its servants and agents.

10. RECEIPTS

(i) Goods, Containers or Vehicles are not received by the Company until the person delivering has reported to the Company’s reception office or area and in addition the Company has agreed to receive the Goods, Container or Vehicle or until the Company has acknowledged receipt thereof in writing.

(ii) The Company may refuse to receive or unload any Goods, Container or Vehicle if the Company is not satisfied that arrangements have or will be made for the removal of such Goods, Container or Vehicle.

11. DELIVERY AND DISPOSAL

(i) If any Goods, Containers or Vehicles are not removed from the Company’s premises within fourteen (14) days of the Company having given notice in writing to the Customer, the Company shall be entitled to remove or dispose of such Goods, Container or Vehicle at the sole discretion of the Company and at the risk and expense of the Customer.

(ii) If at any time whatsoever, any Goods constitute a risk to other goods, property, life or health in the opinion of the Company or any Authority, such Goods may without notice be destroyed or otherwise dealt with at the sole discretion of the Company and at the risk and expense of the Customer.

(iii) Instructions contained in the Customer’s bill of lading, airwaybill, seawaybill, delivery order or other documents shall entitle the Company to deliver to the bearer thereof notwithstanding that such bill of lading, waybill, delivery order, or other document provides for delivery to a named party or to his order. The Company is entitled to assume that the person presenting such bill of lading, waybill, delivery order or other document is the person lawfully entitled to take delivery. The Company is not required to verify signatures appearing on such bill of lading, waybill, delivery order or other document. It will accept the document on good faith and at face value.

12. INSPECTION OF THE GOODS AND/OR VEHICLES

The Company will inform the Customer of any discrepancies to Goods ascertained on receipt by or delivery from the Company and which are apparent upon reasonable inspection and if possible without effecting, as much as possible, the packaging of the Goods.

13. LIABILITY AND LIMITATION OF LIABILITY

(i) The Company shall not be liable for any loss, damage, delay, duty, tax, rent, charges or demurrages or consequential loss, non-performance of any obligation, mis-delivery, misdirection, costs, expense, death or injury of whatsoever nature and howsoever caused except as specified in this article.

(ii) Subject to the exclusions of liability in these Conditions, to the extent that it is proved that the claim arises from the negligence of the Company, its servants, agents or sub-contractors, the Company shall be liable for the type of loss or damage set out below subject to the financial limits stated.

(a) Physical loss of or damage to Goods, but not exceeding the lesser
of:

the value of the Goods lost, or

the reasonable cost of repair in the case of damage, or

Three Maltese Liri (LM 3.00) per kilogram of the weight of the Goods lost or damaged.

(b) Misdirection of the Goods, but not exceeding the lesser of:

the cost of transporting the Goods to the correct destination by the mode of transport that would have applied in the absence of such misdirection less the cost that would have been incurred in transporting the Goods to the correct destination in the absence of such misdirection, or

the value of the Goods misdirected, or

Three Maltese Liri (LM 3.00) per kg of the Goods misdirected.

the value of the Container or Vehicle, or

the reasonable cost of repair in the case of physical damage;

(d) Physical loss of or damage to property of any form other than
that in Section 13 (a), (b), or (c), but not exceeding the lesser of:

the value of the property lost, or

the reasonable cost of repair in the case of damage, or

Three Maltese Liri (LM 3.00) each event or events arising from a common cause.

(iii) In no event shall the Company’s liability under one or more of sub-articles (a) and/or, (b) and/or, (c) and/or (d) exceed Three hundred Maltese Liri (LM 300) per event or events arising from a common cause.

(v) For the purposes of this Article,

(a) the value of Goods shall mean the invoice value added to the cost of freight (if paid) and insurance (if applicable) plus any Customs Duty or tax incurred on the Goods in respect of their carriage and not recoverable from any Authority or, in the absence of such value, is the market value at the place where the Company handled the Goods;

(b) the value of the Customer’s Container or Vehicle shall be taken to be its lease value if leased by the Customer and if owned by the Customer the value shall be taken to be the market value at the place where the loss or damage occurred;

(vi) The Company shall not incur any liability whatsoever for claims arising
from:

(a) any act or omission of the Customer Or Owner or any person acting on their behalf,

(b) any acts of the Company conforming with the instructions given by or on behalf of the Customer or Owner,

(d) insufficiency or inefficiency of the packing or labeling of the Goods or Containers except where such services have been provided by the Company,

(e) the handling, loading, stowage or unloading of the Goods by the
Customer or Owner or any person acting on their behalf,

(f) the nature of the Goods,

(g) the defective or overweight condition of Containers or Vehicles

(h) riots, civil commotions, strikes, lockouts, stoppage or restraint of
labour,

(i) explosion, fire, flood or storm,

(j) breakdown of or failure of any handling equipment of the Company,

(k) breakdown of, accident to, failure or interruption of or reduction in
the mains electrical supply to the Company, it hereby being agreed that the Company is under no obligation whatsoever to have available any auxiliary Power supply,

(l) any cause which the Company could not avoid and the consequences whereof it could not prevent by the exercise of reasonable diligence.

(vi) In no case whatsoever shall the Company be liable for any loss of profit or direct or indirect consequential loss of any kind.

14. CHARGES

(i) The Customer shall pay to the Company as agreed all sums immediately when due without deduction or deferment on account of any claim, counterclaim or set-off.

(ii) When the Company is instructed to collect freight, duties, charges or other expenses from any person other than the Customer, the Customer shall be responsible for the same on receipt of evidence of demand and non-payment by such other person when due.

(iii) On all amounts overdue to the Company, the Company shall be entitled to interest, calculated at one per cent above the base rate established by The Central Bank of Malta applicable during the period that such amounts are overdue.

(iv) The Company’s charges, which may be increased from time to time by at least 21 days’ prior notice to the Customer, shall be payable free of any deductions 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 the removal of the Goods from the Company’s custody or control.

.
15. LIEN

The Company shall have a particular and general lien or similar charge on all Goods, Containers and Vehicles, or documents relating thereto, in its possession for all sums due at any time from the Customer or Owner, entitling it to retain the goods as security for payment of all sums due from the Customer or any outstanding account whether relating to the Goods or not. Storage charges shall continue to accrue on any of the goods detained under lien or similar charge.

16. INSURANCE

The Company does not insure the Goods and the customer shall make arrangements to cover the Goods against all risks to the full insurable value thereof.

17. TIME LIMIT

The Company shall be discharged of all liability:

(i) in respect of damages, unless the Company has been given a reasonable time period in which to survey such damage except where it was not reasonably possible for the Company to be given such opportunity,

(ii) in respect of loss or damage at the Company’s premises of any Container or Vehicle, unless written notice of such loss or damage is received within 30 days of the date when such Container or Vehicle left the Company’s premises or, if lost, when such Container or Vehicle should have left the Company’s depot,

(iii) in respect of all claims, unless within 12 months from the date of delivery of the goods to the Customer, suit is brought against the Company in the proper forum and written notice thereof received by the Company.

18. MISCELLANEOUS

(i) Any notice given by the Company to the Customer shall be duly given if left at or sent by mail to the last known address of the Customer or by facsimile or electronic transmission to the last notified number and such notice or account shall if posted be deemed to have been given 2 working days after posting and, if by facsimile or electronic mail, the next working day.

(ii) The defences and limits of liability provided for by these Conditions shall apply in any action against the Company and each exclusion and liability in these Conditions exists separately and cumulatively.

(iii) If any legislation 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.

(iv) No servants or agents of the Company shall have power to waive or vary any of the terms hereof unless such waiver or variation is in writing and is specifically authorized or ratified in writing by a director or officer of the Company who has the actual authority of the Company so to waive or vary.

(v) When reasonably necessary and at the discretion of the Company the Goods may be carried, stored or handled with other compatible goods or handled between stores.

(vi) The Customer and the Owner shall not take any proceedings against any employee or sub-contractor of the Company for a claim.

(vii) The Company shall be relieved of its contractual obligations to the extent that their performance is prevented by, or their non-performance results wholly or partly, directly or indirectly from the act, neglect, or default of the Customer, including any breach by the Customer of these Conditions, or by storm, flood, fire, explosion, breakdown or failure of plant and/or machinery, riot, civil disturbance, industrial dispute, labour disturbance or cause beyond the reasonable control of the Company.

19. SERVICES UNDERTAKEN OR ARRANGED BY THE COMPANY

(i) If the Company undertakes or arranges any services related to Goods or Containers and any handling or storage connected therewith, it does so solely as an agent for the Customer and shall not be liable for the acts or omission of those engaged to perform the carriage, handling or storage. If the Company itself or its own servants have been negligent, the Company’s liability shall be that provided under these Terms and Conditions, otherwise the Company shall, subject to these Terms and Conditions, have no liability whatsoever and howsoever arising.

(ii) When engaging a person to perform the services of carriage, handling or storage, or any other services the Company may as agents enter into contracts with such persons on any terms whatsoever including terms less favourable than the terms in of these Conditions.

(iii) In the event of a claim in respect of the Goods or Containers, the Company shall provide the Customer with particulars of the identity, services and charges of persons instructed to perform the carriage, handling or storage or any other services to the extent that such particulars are relevant to the Customer’s claim.

(iv) If the services provided by the Company to the Customer include Warehousing Services then these Standard Terms shall apply solely to Freight Forwarding Services whilst the Standard Terms for Warehousing Services shall apply to the Warehousing Services and all ancillary services.

20. JURISDICTION AND FORUM

These Conditions and any claim or dispute arising out of or in connection with the services of the Company shall be governed by and in accordance with Maltese Law and any dispute in relation with such services shall be subject to arbitration in Malta in terms of the Arbitration Act 1996. The award of the arbitrators shall be final and binding on both parties.

21. AMENDMENT

The Company reserves the right to amend these Standard Terms and Conditions of Trading at any time without notifying the Customer.

Such amendments will not, of course, apply retrospectively, and will not effect any business transaction which the Company has contracted with the Customer prior to such amendment.

Ship Agency Standard Terms and Conditions of Trading

Medsea Shipping Agency Limited

Ship Agency Standard Terms and Conditions of Trading

The Attention of the Service Provider is drawn to the following terms and conditions of trading which exclude or limit the Company’s liability.

1. APPLICATION AND DEFINITIONS

(i) Application

All services of the Company, whether gratuitous or not, are subject to:

(A) The provisions of these Terms and Conditions.

(B) To the extent that the Company undertakes or arranges the carriage of Goods, Containers and any services connected therewith, the provisions of the Company’s Freight Forwarding and Liner Agent Conditions shall be paramount in so far as such provisions are inconsistent with these Conditions.

(C) In so far as these Conditions are inconsistent with the provisions of any applicable Tariff, these Conditions shall be paramount.

(D) Copies of the provisions of any applicable tariff are obtainable from the Company upon written request.

(ii) Definitions

In these terms and conditions

(B) The term “Company” shall mean Medsea Shipping Agency Limited;

(C) The term “Service Provider” shall mean any person with whom the Company undertakes any business or requests a service and any person or body of persons having any rights or obligations under any contract whatsoever and howsoever concluded with the Company or as a result of his activity in connection with such services;

(D) The term “In writing/written” shall mean and include inter alia any telegram, telex, facsimile, e-mail, handwriting or any recording by electronic means.

(E) The term “Owner” shall mean and include the ship owner.

(F) The term “Charterer” shall mean and include the charterer of the vessel, whether he is a voyage charterer, time charterer, demise charterer, bareboat charterer or otherwise.

(G) The term “Person” shall mean and include persons or any body or bodies corporate;

(H) The term “Services” shall include but shall not be limited to supply of provisions, towage, pilotage, supply of works and spares to vessels, supply of bunker oils and lubricating oils, garbage removal and so on and so forth.

(I) Except where the context otherwise requires, words denoting the singular include the plural and the masculine include the feminine and vice versa.

2. WARRANTY OF AGENCY

The Service Provider shall warrant that it is either the owner of the Goods or authorized provider of the Services concerned or is duly authorised by such owner to accept these Conditions for and on such owner’s behalf.

The Service Provider contracts and agrees with the Company on behalf of himself and as agent for all persons who have or may acquire any proprietary, possessory or other rights in respect of Goods, Containers or Vehicles to be bound by the terms of these Conditions and by the terms of any applicable Tariff and warrants that he has the authority of all such persons to contract and to agree as aforesaid.

3. GOODS AND SERVICES

All goods and services ordered by the Company are ordered solely by the Company as agent for and on behalf of the Owner or Charterer of the vessel for which such goods and services are being ordered.

4. INVOICING

The Service Provider hereby undertakes to invoice the Company on behalf of the Owners and/or Charterers in the following manner:

Medsea Shipping Agency Limited as agents only for the Owner/Charterers, MV…………

5. LIABILITY

The Company hereby declares, and the Service Provider hereby understands and accepts, that the Company is simply an agent for the Owner and/or the Charterer and that the Company is not, will not and can not be held liable at any time for any debts, losses, expenses and/or damages of whatever kind that are contracted by the Owners and/or Charterers.

Any claims brought by the Service Provider against the Owner and/or Charterer and which are transmitted or addressed to the Company must be done so in a manner whereas the Company is shown to be acting in its capacity as agent only for and on behalf of the Charterer.

6. MISCELLANEOUS

(i) Any notice given by the Company to the Service Provider shall be duly given if left at or sent by mail to the last known address of the Service Provider or by facsimile or electronic transmission to the last notified number and such notice or account shall if posted be deemed to have been given 2 working days after posting and, if by facsimile or electronic mail, the next working day.

(v) The Service Provider shall not take any proceedings against any employee or sub-contractor of the Company for a claim.

7. JURISDICTION AND FORUM

8. AMENDMENT

The Company reserves the right to amend these Standard Terms and Conditions of Trading at any time without notifying the Service Provider.

Such amendments will not, of course, apply retrospectively, and will not effect any business transaction which the Company has contracted with the Service Provider prior to such amendment.