TERMS AND CONDITIONS FOR S.A.C. SHIPPING LIMITED

INTRODUCTION
These conditions explain the rights, obligations and responsibilities of all parties to this Agreement.  Where we use the word "You" or "Your" it means the customer. "We”,” Us" or "Our" means the shipper. These terms and conditions can be varied or amended subject to prior written agreement.

1.Our quotation

1.1 Our quotation, unless otherwise stated, does not include insurance, customs duties and inspections or any other fees or taxes payable to government bodies.

1.2 We may change the price or make additional charges if circumstances are found to apply, which have not been taken in to account when preparing our quotation and confirmed by us in writing.  These include;

1.2.1Our costs change because of currency fluctuations or changes in taxation or freight charges beyond our control.

1.2.2 We supply any additional services, including moving or storing of extra goods (these conditions apply to such work).

1.2.3  We have to pay parking or other fees or charges in order to carry out services on your behalf.

1.2.4 There are delays or events outside our reasonable control, which increase or extend the resources or time allowed to complete the agreed work.

1.3 In any such circumstances, adjusted charges may apply and become payable.

2. Your responsibility.

2.1 It will be your sole responsibility to;

2.1.1 Arrange adequate insurance cover for the goods submitted for shipping, transit and/or storage, against all insurable risks as our liability is limited.

2.1.2 Be present or represented during the collection and delivery.

2.1.3  Ensure authorised signature on agreed inventories, receipts, job sheets or other relevant documents by way of confirmation of collection or delivery of goods.

2.1.4 Take all reasonable steps to ensure that nothing that should be removed is left behind and nothing is taken away in error.

2.1.5  Arrange proper protection for goods left in unoccupied or unattended premises, or where other people such as tenants or work men, will be present.

2.1.6 Provide us with a contact address and details for correspondence during shipments.

2.2 Other than by reason of our negligence or breach of contract, we will not be liable for any loss or damage, costs or additional charges that may arise from failure to discharge these responsibilities.

3. Goods not to be submitted for shipping or storage.

3.1 Unless previously agreed in writing by a director or other authorised company representative, the following items must not be submitted for shipping or storage and will under no circumstances be shipped or stored by us. The items listed under (3.1.1) below may present risks to health, safety and/or fire.  Items listed under (3.1.2) to (3.1.6) below carry other risks and you should make your own arrangements for their transport and storage.

3.1.1 Prohibited or stolen goods, drugs, pornographic material, potentially dangerous, damaging or explosive items, including gas bottles, aerosols, paints, firearms and ammunition.

3.1.2 Jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, coins or goods or collection of any similar kind.

3.1.3 Plants or goods, likely to encourage vermin or other pests or cause infestation or contamination.

3.1.4 Perishable items, and/or those requiring a controlled environment without prior notification.

3.1.5 Any live animals, birds or fish.

3.1.6 Goods which require special licence, or government permission for export or import without such licences.

3.2 If we do agree such goods, we will not accept liability for loss or damage unless we are negligent or in breach of contract, in which case all thes conditions will apply.  If you submit such goods without our knowledge we will make them available for your collection and if you do not collect them within a reasonable time we will apply for an appropriate court order to dispose of any such goods found in the consignment without notice.  You will furthermore pay to us any charges, expenses, damages, legal costs or penalties incurred by us.

4.Ownership of the Goods.

4.1By entering into this Agreement, you guarantee that;

4.1.1The goods to be shipped and/or stored are your own property, or

4.1.2 The person(s) who own or have an interest in them have given you explicit authority to make this contract and have been made aware of these conditions.

4.1.3 You will pay to us for any claim or damages and/or costs brought against us if either warranty (4.1.1) or (4.1.2) is not true.
5 Payment.

5.1Unless otherwise agreed by us in writing;

5.1.1Payment is required by cleared funds in advance of the shipping/storage period.

5.1.2 You may not withhold any part of the agreed price.

5.1.3 In respect of all sums which are overdue to us, we will charge interest on a daily basis calculated at 4% per annum above the prevailing base rate for the time being of the Bank Of England.

6 Our liability for loss or damage.

6.1 In the event of our negligence or breach of contract resulting in loss or damage of your goods, we will pay a sum equivalent to the cost of their repair or replacement up to a maximum of £40 for any one item.

6.2 We will accept liability for loss or damage;

6.2.1 Arising from our negligence or breach of contract whilst the goods are in our physical possession, or

6.2.2 If the carrying vessel/conveyance, should for reasons beyond the carriers control, fail to deliver the goods, or route them to a place other than the original destination, you have limited recourse against the carrier, and may be liable for general average contribution (e.g. the costs incurred to preserve the vessel/conveyance and cargo) and salvage charges, or the additional costs of onward transmission to the place, port or airport of destination.  These are insurable risks and it is your responsibility to arrange adequate marine/transit insurance cover.

6.2.3 We do not accept liability for goods confiscated, seized, removed or damaged by Customs Authorities or other Government Agencies unless we have been negligent or in breach of contract.
6.3 For the purposes of this agreement an item is defined as;

6.3.1 The entire contents of a box, parcel, package, carton or similar container.

6.3.2 Any other object or thing that is moved, handled or stored by us.

7.Exclusions of liability.

7.1 Other than a result of our negligence or breach of contract we will not be liable for any loss, damage or failure to produce the goods if caused by any of the following circumstances;

7.1.1 By fire howsoever caused.

7.1.2 By war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion and/or military coup, acts of god, third party industrial action or other such events outside our reasonable control.

7.1.3  By normal wear and tear, natural or gradual deterioration, leakage or evaporation or from perishable or unstable goods. This includes goods left within furniture or appliances.

7.1.4  By moth or vermin or similar infestation.

7.1.5  By change to atmospheric or climatic conditions or

7.1.6  For any goods in wardrobes, drawers or appliances, or in a package, bundle, carton, case or other container not packed or unpacked by us.

7.1.7 For electrical or mechanical derangement to any appliance, instrument, clock, computer or other equipment unless there is evidence of related external damage.

7.1.8 For any goods which have a pre-existing defect or are inherently defective.

7.1.9 For items referred to in clause 4.

7.2 No employee of ours shall be separately liable to you for any loss, damage, mis-delivery, errors or omissions under the terms of this agreement.

7.3 Our liability will cease upon handing over goods from our containers/warehouse.
8 Delays in transit.

8.1 Other than by reason of our negligence or breach of contract, we will not be liable for delays in transit.

8.2  If from no fault of ours we are unable to deliver your goods, we will take them into store. The agreement will then be fulfilled and any additional service(s), including storage and delivery, will be at your expense.

9 Our rights to hold the goods.

9.1We shall have a right to withhold and/or ultimately dispose of some or all of the goods until you have paid all our charges and any other payment due under this or any other agreement (See also clause 16).  These include any charges that have been paid out on your behalf. While we hold the goods you will be liable to pay all storage charges and other costs incurred by our withholding your goods and these terms and conditions shall continue to apply.
10 Our rights to sub-contract the work
10.1 We reserve the right to sub-contract some or all of the work.

10.2 If we sub-contract, then these conditions will still apply.

11Route and method

11.1 We have the right to choose the method and route by which to carry out the work.

11.2 Unless it has been specifically agreed otherwise in writing in our quotation, other space/volume/capacity on our vehicles and/or container may be utilised for consignments of other customers

12 Applicable law

12.1 This contract is subject to the law of the country in which the office of the company issuing this contract is situated.

13 Your forwarding address

13.1 If you send goods to be stored, you must provide an address and contact details for correspondence and notify us if it changes.  All correspondence and notices will be considered to have been received by you 7 days after sending it to your last known address recorded by us.

13.2  If you do not provide an address or respond to our correspondence or notices, we may publish such notices in a public newspaper in the area to or from which the goods were removed.  Such notice will be considered to have been received by you 7 days after the publication date of the newspaper.  Note: If we are unable to contact you, we will charge you any costs incurred in establishing your whereabouts.

14 List of goods [inventory] or receipt

14.1  Where we produce a list of your goods [inventory] or a receipt and send it to you, it will be accepted as accurate unless you write to us within 10 days of the date of our sending, or a reasonable period agreed between us, notifying us of any errors or omissions.

15 Revision of storage charges.

15.1 We review our storage charges periodically, you will be given 3 months notice in writing of any increases.

16 Our right to sell or dispose of the goods

16.1 If payment of our charges relating to your goods is in arrears, and on giving you 3 months' notice, we are entitled to require you to remove your goods from our custody and pay all money due to us.  If you fail to pay all outstanding amounts due to us, we may sell or dispose of some or all of the goods without further notice.  the cost of the sale or disposal will be charged to you.  The net proceeds will be credited to your account and any eventual surplus will be paid to you without interest.  If the full amount due is not received, we may seek to recover the balance from you.

17 Termination

17.1 If payments are up to date, we will not end this contract except by giving you 3 months notice in writing.   If you wish to terminate your storage contract, you must give us at least 10 working days notice.  If we can release the goods earlier, we will endeavour to do so, provided that your account is paid up to date.  Charges for storage are payable to the date when the notice should have taken effect.

All services are subject to alterations and changes without notice and navigation permitting.

All goods are carried under our terms and conditions whilst under our control and with the express permission of the owners of the said goods.

Goods are not insured by the company unless instructed in writing, and are moved at the owners risk.