Terms and Condtions Of Carriage of Cargo

Isle of Sark Shipping Company Limited

STANDARD CONDITIONS OF CARRIAGE OF GOODS

(INCLUDING LIVE STOCK AND UNCCOMPANIED PASSENGERS’ LUGGAGE)

1. In these Conditions the expression “goods” (save where the context otherwise requires) includes animals, carriages, motor cars, goods, merchandise, passengers’ unaccompanied luggage and personal property of all description whatever, the expression “Owners” includes owners, shippers, consignees and receivers of the goods and their servants and agents and each of them;  the expression “animals” includes livestock, domestic and wild animals, birds, fishes and reptiles. Save where the context otherwise requires the singular includes the plural and vice versa. The expression “person” includes firms and corporations.
2. The Company is not and does not hold itself out as a common carrier. All goods handed or sent to the Company by any person for shipment, carriage or forwarding shall be deemed to be so handed or sent to and received by it upon and subject to these Conditions, and these Conditions shall be deemed to form part of every agreement with the Company for the shipment, carriage or forwarding of goods. Goods are only accepted by the Company for shipment, carriage or forwarding upon the condition that the person handing or sending the same to the Company is either the owner or the authorised agent of the Owners of the goods to hand or send the goods to the Company for shipment, carriage or forwarding on the terms of these Conditions, and that he accepts for himself and for the Owners and all other parties interested in such goods the terms of these Conditions.  In particular, persons who or whose servants or agents request the Company to ship, carry, or forward goods or who hand or send goods to the Company for any of such purposes are deemed to have accepted and to have agreed to be bound by these Conditions.  Where goods which are being carried or forwarded under a contract of through-carriage are handed or sent to the Company by or on behalf of the carrier or other person with whom the Owners have made such contract, such carrier or other person shall conclusively be deemed to have represented to the Company that he has the authority of the Owners to contract with the Company on the terms of these Conditions with regard to any portion of the carriage or forwarding or matters incidental thereto to be performed by the Company.
3. The Company shall not in any circumstances whatsoever be liable for any damage, loss (including death or sickness of or injury to animals), detention, deterioration, delay, misdelivery or nondelivery of or to goods (of whatever nature they may be) howsoever, whensoever or wheresoever the same may have been caused, even though such damage, loss, detention, deterioration, delay, misdelivery or non delivery, is wholly or partly due to the wrongful act, neglect or default of the Company or its servants or agents or of any other person for whom the Company is or may be responsible, and even though any ship or craft in or on which any of the goods may at any time be loaded was unseaworthy at the time of loading or sailing or at any other time. In particular and without limiting the generality of the foregoing provisions, such provisions shall apply whether the goods were on land or water, or in or on any vessel, craft, conveyance or in any other place of any kind, and whether in the custody of the Company or not, and whether during or in the course of collection, delivery, loading, stowing, discharging, carriage, lighterage, transhipment, storage or otherwise howsoever; and when goods are being or to be carried under a contract of through carriage whether made by or on behalf  of the Owners with the Company or with some other carrier or person, the above provisions shall apply as between the Owners and the Company throughout the whole transit until they are lost or finally received by the Owners and whether the goods are at a particular time being carried by or in the custody of the Company or by or of some other carrier or person.  The Company is authorised by the Owners to employ or contract with other carriers or persons to ship, carry or forward the goods on the terms of these Conditions or on such other Conditions as to the Company shall seem fit, and also to employ or contract with wharfingers, warehousemen, tug-owners, lightermen, stevedores or other persons for any purpose of or incidental to the shipment, carriage, forwarding or custody of the goods on the terms of  these Conditions or on such other Conditions as to the Company shall seem fit. Any carrier or persons employed by the Company or with whom the Company has contracted as mentioned in this clause is also authorised by the Owners to employ or contract with wharfingers, warehousemen, tug-owners, lightermen, stevedores or other persons on the terms of these Conditions or any of them for the purpose of performing any matters involved in the employment or contract between him and the Company. All rights, exemptions from liability, defences and immunities of whatsoever nature referred to in this or any other Clause of these Conditions shall in all respect ensure also for the benefit of any servants or agents of the Company acting in the course or in connection with their employment so that in no circumstances shall any such servant or agent as a result of so acting be under any liability in respect of goods greater than or different from that of the Company and for the purpose of the foregoing the Company is or shall be deemed to be acting as agent or trustee on behalf and for the benefit of all persons who are may be its servants or agents from time to time, and all such persons shall to this extent be or be deemed to be parties to the Contract of which these Conditions form part. Unless written agreement is reached between the Company and the other Companies mentioned immediately hereafter in terms inconsistent herewith the words servants or agents in this paragraph shall include (a) other Companies whose vessels may at the request of or by agreement with the Company whether express or implied carry goods on behalf of the Company and (b) the servants or agents of such other Companies. The terms of this clause are paramount and shall not be deemed to be limited or prejudiced by any other provisions of these Conditions.
4. Unless otherwise agreed between the Company and a carrier or person employed by the Company or with whom the Company has contracted under the last preceeding clause and without prejudice to the provisions of such clause such carrier or person shall not be liable to the Owners in any circumstances whatsoever for any damage, loss (including death or sickness of or injury to animals), detention, deterioration, delay, misdelivery or nondelivery of or to goods (of whatsoever nature they may be), howsoever, whensoever or wheresoever the same may have been caused, even though such damage, loss, deterioration, detention, delay, misdelivery or nondelivery is wholly or partly due to the wrongful act, neglect or default of himself or his servants or agents or of any other person for whom he is or may be responsible, and even though any ship or craft in or on which any of the goods may at any time be loaded was unseaworthy at the time of loading or sailing or at any other time.  If the goods are shipped, carried or forwarded in a vessel owned by any person who has not entered into any contract with or been employed by the Company for such purpose the said person shall be under no further liability to the Owners than he would be if he were a carrier or person employed by the Company or with whom the Company has contacted as aforesaid.
5. The Company is at liberty to ship the goods on such day at such time in such order that in such vessels (to whomsoever belonging) as it may desire (without reference to the order or time in or at which goods may have been booked or received and notwithstanding the goods may have been booked for a particular vessel or for a sailing on or at a particular date of time) and to carry the goods on more than one sailing and not all on the same day.The Company shall be entitled in its absolute discretion and without assigning any reason to refuse or receive or ship the goods or any part thereof, notwithstanding it may have previously agreed to receive or ship the same. All lighterage, cartage or rail haulage whether before or after shipment in or on the vessel will be entirely at the Owners’ expense unless otherwise agreed.
6. No vessel is obliged to sail according to advertisement or notice, and any vessel notwithstanding such advertisement or notice has liberty to sail on any other day or at any other hour and any sailing may be cancelled without notice notwithstanding any shipment or bookings previously made.
7. All vessels have liberty to sail with or without a pilot; to make trial trips, to adjust compasses; to tow and assist vessels in all situations; to carry goods of all kinds, dangerous or otherwise; to proceed backwards and/or forwards, once or oftener, to or from and use any port or ports, in any order or rotation, for any purpose whatsoever, whether in or out of or short of or beyond the route between the named termini for the carriage of the goods or the customary or advertised route; to carry on all or any of the goods to any port or ports beyond their port of destination, notwithstanding that the ship may have called at such port of destination and/or discharged other goods there, and to carry the goods back to the port of destination; to tranship the goods or any of them for any purpose into (including on deck of) any vessels or craft; to land and/or store the goods or any of them at any port or place and/or to forward or carry the same to their port of destination by any vessel craft or conveyance, either belonging to the Company or to others, by any route however circuitous, either by land or water, and to drydock any vessel or craft with the whole or part of the goods on board. The Company is at liberty to load, stow and carry the goods or any of them on deck or in any part of a vessel or craft.
8. All the liberties and other matters mentioned in this clause are agreed to be part of and within the scope of the contract voyage relating to the goods, and shall not constitute a deviation or a breach of any contract between the Company and the Owners.  All goods so carried or dealt with shall remain at all times subject to these Conditions.
9. Without prejudice to other provisions of these Conditions, if, in the opinion of the Company, the loading, carriage, transhipment, discharge or delivery is impeded, or may be impeded, directly or indirectly, by the imminence, outbreak or existence of war whether international or civil or by any exercise of control over the use of or movements of the vessel or goods by any Government or other Authority (which expression throughout this clause shall be deemed to include any body or organisation, international or otherwise, purporting or claiming to exercise the powers of a Government or Authority) or by the prohibition, restriction or control of intercourse, commercial or otherwise, by any Government or other Authority, or by the taking of any measures by any Government or other Authority in consequence of or connected with any of the above matters, or by quarantine, sanitary customs or labour regulations, lock-outs, strikes or disturbances (whether the Company be party thereto or not), ice, earthquakes, surf, stress of weather or congestion of the port, absence from any cause of full facilities for loading, discharge or delivery, or by any danger or delay howsoever caused to vessel and/or cargo, the Company shall have the absolute right at any time before or after the commencement of the voyage to cancel the engagement, abandon or suspend the voyage, alter, vary or depart from the proposed or advertised or agreed or customary route, and/or delay or detain the vessel at or off any port or place, and/or tranship and forward or put into hulk lighter or craft or land or store or otherwise dispose of the goods at any port or place without being liable for any loss or damage whatsoever directly or indirectly sustained by the Owners and all at the expense of the Owners. The vessel and/or the Company shall have the liberty to comply with any orders, directions or advice as to departure, arrival, routes, ports of loading, call or discharge, stoppages, transhipment, discharge or destination, or otherwise howsoever given by any Government or any department thereof, or any person acting or purporting to act with the authority of any Government or any department thereof, or by any committee or persons having under the terms of the War Risks Insurance on the vessel the right to give such orders or directions; and if by reason of and/or in compliance with any such orders or directions anything is done or is not done, the same shall not be a breach of this contract.  The vessel is free to carry contraband, explosives, munitions or warlike stores and may sail armed or unarmed.
10. General Average (if any) in accordance with York-Antwerp Rules 1950.
11. The Company does not undertake to give notice of the arrival or of the discharge of the goods.
12. All goods (excluding animals) shall be removed by the Owners from the quay as soon as landed from the vessel.  If not so removed the Company shall be entitled to remove them and the Owners shall pay to it any expenses incurred thereby.  The provisions of Clause 3 hereof shall apply to such removal. Any animals not claimed within two hours after arrival of the ship at the port of destination by some duly authorised person or remaining undelivered for such time for any reason whatsoever may be placed at livery or kept ashore or afloat subject to these Conditions wherever the Company may deem fit at the expense of the Owners without prejudice to the Company’s lien. Any goods (excluding animals) not claimed on the day of the discharge thereof from the vessel or undelivered on such day for any reason whatsoever may be stored ashore or afloat subject to these Conditions wherever the Company may deem fit at the expense of the Owners without prejudice to the Company’s lien. Any goods not claimed by the Owners within seven days after discharge at the port of destination may be sold by the Company without notice to the Owners at such time and in such manner as the Company may deem fit at the expense of the Owners.
13. Freight is to be considered as earned and due on shipment and must be paid vessel and/or goods lost or not lost, and when paid shall not be returnable in any circumstances whatsoever. Freight is payable at the option of the Company on gross intaken or discharged weight measurement or number.
14. The Company shall have a general lien on the goods. The said lien extends to all charges whether the amount thereof has been ascertained in money at the time of exercising such lien or not and whether such charges are in respect of the goods upon which this lien is exercised or of any goods handled by the Company. The expression “charges” in this clause includes freight and all moneys due on any account whatsoever from the Owners to the Company in respect of the goods handled at any time by the Company for the Owners, and also all moneys which the Company may become or be liable to pay on behalf of the Owners in respect of the goods handled at any time by it for the Owners whether pursuant to these Conditions or not, and the costs and expenses of exercising such lien. Such general lien shall be exercisable by sale without notice to the Owners at such time and in such manner as the Company may desire and the Company may deduct from the proceeds of sale the costs and expenses of and incidental to such sale.
15. The Company will be responsible for “charges forward” in respect of the goods if the goods are lost or refused by consignee nor for failure to collect such charges in any case where either before or after delivery the person from whom such charges are to be collected fails to pay the same on demand.  If goods are being carried or forwarded under a contract of through-carriage and the Company shall pay to any preceeding carrier any freight or other charges which may be payable by the consignee on delivery of the goods but which the Company may for any reason fail to collect from the consignee then such preceeding carrier and the Owners shall be severally bound to repay to the Company the amount so paid.
16. Any claim of whatsoever nature in respect of the goods must be made in writing to the Company in the case of animals within 12 hours and in the case of other goods within three days from the time at which the same arrived or would in the ordinary course have arrived at their destination, otherwise all rights of action against the Company shall be absolutely barred.
17. Valuable goods, bullion, bank notes, negotiable securities, title deeds, must be declared to the Company before shipment and freight thereon may be charged Ad Valorem, but in all respects such goods shall be subject to these conditions. Owners will be liable to double freight if a true declaration of value is not made before shipment.
18. Dangerous Goods within the meaning of the Merchant Shipping Acts 1894 to 1954, the Explosives Act 1875 and the Petroleum (Consolidation) Act 1928 and any Acts 1928 and any Acts amending or superseding the same will only be carried by special arrangement.  The Owners will be liable to the Company for double freight on such goods if shipped with incorrect descriptions, or without specific notice to the Company of their dangerous character, and for all damage, fines, expenses, costs, claims, loss, or delay which may be directly or indirectly sustained or incurred by reason of such shipments by the vessel or her master or the Company. Dangerous goods shipped without disclosure of their dangerous nature may be destroyed or otherwise disposed of by the Company at any time without notice or compensation to the Owners.
19. Live Stock must be alongside two hours before the time of sailing and in the event of them not being so alongside all charges paid shall be forfeited; if from any other cause, live stock are left behind without the Owner’ fault, the Company will return the charges paid in respect of such as have been so left behind, or will, at the option of the Owners, ship those left behind in some subsequent vessel on the terms of these Conditions. Live Stock must be accompanied by someone in charge appointed by the Owners.  If a member of the vessel’s crew is in charge, he shall for all purposes be deemed to be the servant of the Owners. In either case the live stock will be subject to the Company’s lien.
20. The Company will not undertake the conveyance of dogs unless delivered to them furnished with efficient collars, chains and muzzles.
21. No agent or servant of the Company has authority to alter or dispense with any of these conditions.
22. All expenses and liabilities incurred by the company in doing or procuring to be done anything which under these Conditions is to be or may be done at the Owners’ expense shall be a debt due by the Owners to the Company.
23. The Company if not the owner or demise charterer of any ship carrying goods on any part of the Company’s services shall have in respect of any goods so carried the same rights or limitation of liability as are given to owners and demise charterer by Statute in additions to the immunities conferred by these Conditions.
24. Any weight stated is shippers weight; weight, number, contents, conditions, brand, quality and measure unknown.