Terms of Service

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All of SHOHAM’S  business activities are governed by the "Standard Trading Conditions of the Cyprus Shipping Agents " established by the Association in 1998.

 

CYPRUS SHIPPINGASSOCIATION  (CSA) STANDARD TRADING CONDITIONS FEBRUARY1998

 

 

 

All transactions entered into by a Member of the Cyprus Shipping Association (hereinafter "the Company")

in connection with or arising out of the Company'sbusiness as a port agent or liner agent or booking agent orcargo 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 expressionshave the following meanings:

 

a) "Supplier"means thecompany firmor person, organisation or other competent Authority, who contracts through the Company to supplyservices or goods to the Principal or Merchant.

 

b) "Merchant" means thecompany firmor person who ships, receives, owns orforwards goods in respect of which the Company, whether as agent or principal, has agreed to provide or procure services.

 

c) "Principal" means thecompany firmor person who hasor whose representatives have instructed the Company and is the owner or chartereror managerofthe vessel represented bythe Company and/or the carrier underthe bill of lading in connection with which services are provided by the Company.

 

d) "Forwarding Services" means thoseservices usually providedor arranged bya freight forwarder including thecarriage of goods to the port of loadingand 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 handlingof cargo including loadingand discharging, transport, lashing/unlashing, slinging/unslinging, storage, stuffing andstripping of containers and any other related or connected cargo-handlingactivities.

 

f)"CargoBooking Services" means thoseservices provided or arranged by the Company in respect with the booking ofcargoon vessels including providing information on vessels and schedules, thesolicitation of cargo, the canvassing for cargoes, freight quotations and negotiations as to any cargo transport agreementswith Merchants and any other related activities.

 

Transactionswith the Supplier

 

The followingterms and conditions shall apply to transactions with the Supplier:

2.Unless otherwisestatedin writing, when the Company is acting as a port agent or liner agent or booking agent it acts at all times as agentfor and on behalf of the Principal and has authority to enter into contracts withthe Supplieras agent for the Principal.The Companyshall not bepersonally liable to pay

any debt dueto the Supplier from the Principal.

 

3.  Where the Company is acting as a forwardingagent, cargo handling agentor cargo booking agent, unless it is acting as agent for the Principal in accordance with clause 2 hereof or otherwiseagrees in writing, it actsat all times as agent for and inbehalf of the Merchant and has authority to enter into contracts withthe Supplieras agent for the Merchant. The Companyshall not bepersonally liable to pay any debt duefrom the Merchant.

 

 

Transactions with the Merchant

 

The following terms andconditions shall applytotransactionswiththe Merchant:

 

4.  When acting as port agent or liner agent orcargo handling agent or cargo booking agent, the Company acts at all timesas agent for and on behalf of the Principal and has authority to enter into contracts withthe Merchantas agent for the Principal.The Companyshall not bepersonally Liable to pay any debt duefrom the Principal.

 

5.  Unless otherwise agreed in writing, where theCompany is instructed by the Merchant to arrange forwarding services, cargohandling services orcargobookingservices, the Company shall actas agent for the Merchant in procuring the requested services from Supplier.

 

6.  Where the Company arranges services for theMerchant's goods which areor will becarried in accordancewith a contract with the Principal contained in or evidenced by a bill of lading, charter party or other contractof affreightment, all services including cargo handlingservices or cargo bookingservices, forwarding services, are arranged by the Companyasagent for andon behalf of the Principal.The provision of suchservices shall be subject to the terms andconditions of the Principal's bill oflading and tariff rules(if any), whichmay be inspected onrequest, or othercontract between the Principal and the Merchant.

 

7. Ifthe Company agrees in writing thatit will be personally responsiblefor the provision of forwarding services, cargo handlingservices or cargo bookingservices, unless otherwise agreed in writing, the Company shall be relieved of any liability for loss or damage if it can establish that such lossor damage resulted from:

 

(a) The act or omission of the Merchant or hisrepresentative or any other party from whom the

Company took charge of the goods;

(b) Inherent vice of the goods, including improperpacking, labellingor addressing(except to the extent that the Company undertookto be responsibletherefore);

(c)Handling,loading, stowage or unloading of the goods by the Merchant or any person actingon his behalf other than the Company;

(d) Seizure or forfeiture under legal process;

(e)Riot, civil commotion, strike, lock-out, generalor partial stoppage or restraint of labour from whatever cause;

(f) Any consequence or war, invasion, acts of foreignenemies, hostilities (whether war be declared or not), civil war,rebellion, revolution, insurrection, military or usurped power or

confiscation or nationalization 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;

 

Any cause orevent which the Companywas unable to avoid and the consequences whereofthe

Company was unable to prevent bythe exercise of due diligence.

 

8.  Wheresorequested inwriting by theMerchant orhis 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 performsuchservices on behalf of the Merchant, and the agents soappointed shall act as theMerchant's agents and notthe Company's agents.

 

9.  Where the Company agrees to provide or arrangeservices for the Merchant's goods, theMerchant shall be deemed to have authorised the Company toconclude alland any contracts necessary to provide thoseservices. The Merchant shall reimburse in demand the Company with all taxes, charges or fines whatsoever incurred by the Company as a result ofproviding or arranging the services, or undertaking

any    liability in connection with the services, particularly in respect of any bond issued to theDepartment of Customs and Excise, the Cyprus Ports Authority or any other competent Authority by the Company.

 

 

10.The Merchant shall declare to the Company fulldetails of goods, which are of a dangerous or damaging nature, includingthose goods, which are moreparticularlydescribed in the IMO Code. Should the Merchant fail to providesuch details at the timeofcontract, theMerchant shall be responsible for all costs and damages arising as a result thereof and the Company shall have theright exercisable in behalf of itself or its Principal to rescind the contract.

 

11.The Company shall not be liable for loss or damageto goods, unless it is advised thereof in writing within three days after the termination of transitand the claim is made in writing within 7 days, alternatively advice is given within 28 days of the commencement of transit andthe claim ismade in

writingwithin42 days, provided alwaysthat these limits shall not apply ifthe Merchant can establish that it was not reasonably possible for him to make aclaiminwriting within the time limit and notice was given within a reasonable time.

 

Transactions with the Principal

 

The followingterms and conditions shall apply to transactions with the Principal:

 

12.The Company shall bethe principal's agent and shall exercise due care anddiligence in performing services for and in behalf of the Principal.

 

13.The Principal shall indemnify the Company in respect of all liabilities incurredby the Company where acting as a port agent or liner agent orbooking agent or cargo handling agentor cargo booking agent on the Principal's behalf.

 

14.The Principal shall pay forthwith by telegraphic transfer to theCompany's bank account suchsum as the Companymay request as an advance on port andcargo handling disbursements, which the Company estimate will be incurred whilst the Principal's vessel isinthe Company's agency. If the Principal should  fail to comply with the Company'srequest, the Company may atany time give notice of the termination of its agency.

 

15.The Company shall beentitled to deduct fromsumsheld by the Company for the Principal's account any amounts due to the Company from the principal.

 

16.The liability ofthe Company to its Principal in respect of any negligent act error or omission committed by the Company its directors or employeesshallnot exceed the amount of the fees or commission payable by the Principal to the Companyin respect of the vessel orshipment involved (whichever is less) which fees or commissionshall be deemed earned inany event. Provided always that where the Agent acts prudentlyall damages sustained byor to the ships gear including containersshall 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 toany written instructions tothe contrary the Companyshall have authority to appoint agents to perform services on behalf of the Principal, including such services as may bethe subject ofthese conditions, and the agents so appointedshall act asthe principal's agents and not the Company's agents.

 

19.Save where otherwisespecifically provided herein the provisions to be foundin the FONASBA Standard Liner Agency Agreement (as applicable from time to time) shall applyas 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 berelieved of liability for any loss or damage if and to the extent thatsuch loss or damage is caused by:

a) Strike, lockout, stoppageor restraint oflabour, the consequences of which theCompany is unable to avoid by the exercise of reasonable diligence.

b) Any causeor event which the Company is unableto avoid and the consequences whereofthe

Company is unable to prevent by the exercise of reasonable diligence.

 

22.Unless otherwise agreed in writing and in each instancewith a maximum ofCY£30.000,the liability of the Companyto the Merchant shall in allcircumstances be limitedto the lesserof sums calculated in the following manner:

 

a) Where goods are lost or damaged:

(i) The value ifgoods lost and damagedor

(ii) A sum calculated at the rate of CY£400 per tonneof the grossweight of any goods lost or damaged.

 

b) In all other circumstances:

(i) The valueof 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 tonneof the grossweight of the goods the subject of the transaction.

 

 

23.For cargohandling and/or stevedoring services the Company in no event shall be liable for an amount in excess of that to which the shipping line/ship owner is able to limit its liability to the shipper or

consignee under the terms to the Bill ofLading or to asum of CY£400 per tonneof the grossweight of the goods whichever shall be the least.

 

General

 

24.If the Merchant or thePrincipal, as the case maybe,fails to make payment in full of any sums due to the Companyon demand or within any period agreed inwriting, theCompany shall be entitledto recover interest on any sums outstanding at the rate of 9% orsuch higher or otherrate that may from time to time be prescribedby the laws ofCyprus.

 

25.The Company shall have a general lien in all goods and documents relating to goods in its

possession, custody orcontrol for all sums due at anytime from the Principal orthe Merchant and/or their representatives and shall be entitled to sell or disposeof such goods or documents as agent for and at the expense of the Principal orthe Merchant and apply the proceeds towards the monies due and the expenses or the retention insurance andsale of the goods, the Company shall, upon accounting to the Principal or the Merchant for any balance remaining, be discharged fromall ability whatsoever in respect

of the goods.

 

26.The Company shall beentitled to retain and bepaid all brokerages, commission, allowances and other remuneration, usuallyretained by or paid to freight forwarders including cargo handling charges.

 

27.The Merchant, the Supplier and the Principal eachundertake with the Company that no claim or allegation ofany kindshallbe made against any of theCompany'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 negligentact error oromission of the Beneficiaries in the performance of the services the subject of these conditions. The Beneficiariesshall have the benefit of this undertaking and in entering into this contract the Company,to the extentof this provision, does so not only on its own behalf but also as agent or trustee for the Beneficiaries, who shall to theextent of this clause only be or be deemed to be     parties to this contract.

 

28.The Company shall perform theservices it undertakes to provide with due dispatch but shall not be liable for anyloss or damage arising from anydelay which it couldnot reasonably prevent.

 

29.The Company shall bedischarged from all liabilitywhatsoever to the Principal the Supplieror the Merchant unless suit is brought within one year ofdelivery of the goods or the date when theyshould 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 termssetout herein and anyother termsand conditions agreed between theparties these Conditionsshould prevail unless the Companyspecifically agrees otherwise in writing.

 

32. The Principal and/or Merchant undertake tocomply with the provisions of the International Convention for Safe Container(CSG)1972 relatingto the safetyof containers. Any damagecaused (including bodily harm) by the non-compliance with thesaid Conventionshall render the Companyharmless of any responsibility despite any involvement ofthe Company. With regard to containers the Customs

Convention ofContainer 1972 shall apply under these conditions.

 

33.A Principal or Merchantshall pay to the Companyfor the services rendered by the Company all amounts asmay have been agreed between them byvirtue of any agreement concluded, the amounts arising out of the charges as per the official tariffsapproved from time to time by the Cyprus Ports Authority aswell as all those charges normally or habitually charged by the company for servicessuch as notification fees, bill of lading fees, service fees etc atthe rates recommended or otherwise suggested by the C.S.A. Inthe event of a particularservice not being provided for inthe scale of charges the Principal or Merchant shall pay the Company a reasonablecharge for suchservice.

 

 

Est. 1951

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