1. These conditions shall apply to all work by the Contractor (as hereinafter defined) and they supersede any earlier Conditions of the Contractor and exclude so far as it is legally permissible any Warranties. Conditions or liability imposed or implied by Common Law Statute or trade usage and over-ride any Items and conditions stipulated by anyone inviting the Contractor a tender or estimate for work to be carried out whether in published conditions in any acceptance or any tender or estimate or any other communications or document or negotiation. Acceptance of the Contractor's estimate or tender implies acceptance of these conditions which can only be varied in writing and signed on behalf of the Contractor by a Director thereof.
2. ln these conditions the following expressions shalt have the following meaning:
(a) “The Contractor” shall mean T Rogers & Co. (Packers) Ltd. and any associated Company.
(b) "The Owner” shall mean the person, persons, corporation or entity owning the property in respect of which services are rendered by the Contractor or having possession thereof as apparent owner.
(c) "The Agent of the Owner” shall mean the person, persons, company or entity authorised by the Owner to deal with such property in all respects including (but without prejudice to the generality of
the foregoing ) the authority to give instructions to the Contractor and to enter into this Contract for and on behalf of the Owner.
(d) “The Property” of the "Goods” (both words in these Conditions being interchangeable) shall mean the Property or Goods in respect of which the Owner or the Agent of the Owner shall have given
instructions to the Contractor and in respect of which the Contractor has rendered or is to render services.
3. (a) The Owner warrants that he is the legal owner of the Property and that such property is unencumbered in any way.
(b) The Agent of the Owner warrants the Owner is the legal owner of the Property and that the Agent has the authority of all persons owing or interested in the Property to contract on their behalf and the Agent is deemed for all purposes to be the Agent of the Owner.
4. Any quotation given by the Contractor is to be valid for such a period (if any) as shall be mentioned in the quotation but if no such period is mentioned then such quotation is given on the basis of acceptance within 14 days of the date of such quotation shall and of freight charges, insurance, premiums, exchange rates and all other expenses or outgoings remaining current at the date upon which the services in respect of such quotation are to be rendered. If the quotation shall not be accepted within the time limits of the aforesaid or if any of the charges or rates referred to above shall alter between the date of the quotation and the date upon which the services are to be rendered the Contractor shall have the right to revise the quotation or withdraw from the quotation without notice (whether or not quotation has been accepted).
5. (a) The Property shall remain at the risk of the Owner not withstanding that the same be entrusted to the Contractor.
(b) Subject to Condition 15, the Owner will insure the goods on an All Risk Policy and provide documentary evidence of the same to the Contractor and ensure that the Contractor's interest is noted on the All Risks Policy. Alternatively the Contractor will at the written request and expense of the Owner insure the goods on an All Risks Policy.
(a) The Owner warrants that full disclosure has been made to the Contractor of all information relating to the property and all matters which might reasonably be expected to influence the Contractor in its decision whether or not to accept the property for warehousing and/or storage and/or transportation and/or export/or import.
(b) The Owner shall indemnify the Contractor against all loses, costs, claims, penalties, demands, damages and expenses which may arise out of or in connection with the Property, resulting from the Property or any part thereof being or containing any dangerous, noxious, hazardous, inflammable or explosive material or any item or goods likely to cause damage or infestation of whatever nature. In this Condition the expression ''likely to cause damage or infestation" shall include goods likely to contain or encourage vermin, woodworm, pest or other infestation of whatever nature.
7. The Owner shall indemnify the Contractor against losses, claims, damage, injury, costs and expenses arising from the nature or condition of the Property or the packing of the Property.
8. The Contractor may engage Agents and/or Subcontractors who shall be of a standard reasonably acceptable to the Contractor to perform the Contract or any part thereof on its behalf without serving notice on the Owner or the Owners Agent.
9. The Contractor shall have a genera l lien as well as a particular lien on all goods for the charges and expenses (including warehouse rent and insurance charges during the period of the lien) due to or incurred by the Contractor and such lien shall extend and apply to goods in the possession of the Contractor or any of its Agents or subcontractors or under its of their direct or indirect control or disposition. The Contractor shall also have the right to sell the goods or part thereof by Public auction or otherwise and thereout to pay or retain the cost and expenses of maintaining and exercising such lien and or such sale and all the sums for which a lien is given to the Contractor hereunder.
10. No Agent, servant or representative of a Contract has, unless expressly authorised by the Contractor, authority to alter, modify or waive any provision of this Contract and under no circumstances shall such agent, servant or representative have any authority to bind the Contractor to any contract whatsoever unless by specific negotiated arrangement with the Contractor.
11. The Contract between the Owner and the Contractor shall be made in. governed by and construed 1n accordance with the laws of England and Wales and the Owner and the Owner's Agent submit to the jurisdiction of the Courts of England and Wales.
Warehousing and Storage
12. All goods for warehousing and/or storage shall be listed by the Owner or Owner’s Agent in such manner as the Contractor may require.
13. The liability of the Contractor shall be limited by the list of Goods and it shall not be responsible for any Goods not comprised therein.
14. The Contractor shall not be responsible for the destruction or loss of or damage to any article contained in furniture, box, or other receptacle unless the same h::is been packed by its employees.
15. The aggregate liability of the Contractor in respect of any Goods shall not exceed 1.000 sterling pounds except where the Owner or Owner's Agent has specifically requested the Contractor as bailee to insure the agreed value of the Goods through the Contractor's own insurance policy.
16. The Contractor undertakes no liability for any destruction, damage or loss howsoever caused unless due to negligence or wilful defaults of the Contractor or the employees or agents.
17. The Contractor may refuse to deliver up to any person the goods deposited or any of them unless a delivery order in writing (specifically or identifying the goods to be delivered up and the person to whom they are to be delivered up) signed by the Owner or Owners Agent and the original receipt for the goods shall be given to the Contractor. At least three working days’ notice shall be given by the Owner to the Contractor before the removal of the Goods, but special exceptions may be made at the discretion of the Contactor to release the Goods more quickly.
18. All claims in respect of loss or damage shall be notified to the Contractor in writing within 5 working days after the delivery of the Goods to the Owner or the Owner's Agent whichever shall be the sooner and any claims not so notified within such time shall be deemed to be waived.
19. Warehousing or storage charges do not include the cost of packing Goods or the carriage thereof to and from the warehouse.
20. All warehousing or storage charges whether of a recurring nature or otherwise are payable in advance and all additional charges (if any) are payable by the Owner upon written demand by the Contractor.
21. The Contractor may at any time send to the Owner written notice that the Contractor requires the Goods to be removed and the Owner shall remove the Goods within thirty days of service of such notice. If notice is given under this clause a proportionate refund of any annual charge shall be made for any period for which the Owner shall have paid an annual charge but during which he Goods are not stored by the Contractor no other charge due will be refunded and the Contractor may at its discretion set off any charges which would otherwise be refunded against any other sums due or becoming due in the future of the Contractor from the Owner.
(a) in the event that payment of any sums due to the Contractor are not paid within seven days the Owner shall pay interest on any overdue amount from the date which payment was due to that on which it is made (whether before or after judgement) on a daily basis at a rate of 2% per annum over the base rate from time to time quoted by Lloyds Bank Pie and duly and effectually indemnify the Contractor against all cost and expenses (including legal costs) incurred in the collection of any overdue amount.
(b) the Goods are not removed by the Owner in compliance with a notice in accordance with Clause 21 hereof the Contractor shall have full power to open to examine the whole or any part of the Goods and to sell the whole or any part of the Goods, and the Owner shall be liable for any cost and expenses incurred. The Contractor may apply the proceeds of sale in payment of or towards payment of all sums due to the Contractor by the owner, and all liabilities incurred by the Contractor. The Contractor shall be released from all other liabilities whatsoever in relation to the Goods.
23. The Owner acknowledges that if any sum shall be due from the Owner or the Agent of the Owner to the Contractor but shall not be paid within three days of the same becoming due and payable or the goods are not removed by the Owner or the Agent of the Owner in accordance with the provisions of these Conditions the Contractor shall be entitled to open the whole of any part of the property and to sell the whole or any part thereof and the Owner shall be liable for any cost and expenses incurred and in this connection the Contractor may apply the proceeds of sale in payment towards the payment of all sums due to the Contractor by the owner and all liabilities incurred by the Contractor on behalf of the Owner or on behalf of the Agent of the Owner before paying the balance without interest to the Owner whereupon the Contractor shall be released from all liabilities of whatever nature in respect of the property.
Packing, Transporting, Importing and Exporting
24. The Contractor is not a common Carrier and only deals with Goods subject to these Conditions.
25. Pending forwarding or delivery goods may be warehoused or otherwise held at any place or places at the sole discretion of the Contractor and the cost thereof shall be for the account of the Owner and the Conditions set out in Clause 12 to 24 hereof shall apply.
26. Except where the Contractor is instructed in writing to pack the Goods the Owner warrants that all Goods have been properly and sufficiently prepared, protected and packed.
27. The Contractor is entitled to retain and be paid all brokerage, commission, allowances and other remuneration customarily retained by or paid by Shipping and Forwarding Agents (or freight forwarders) and insurance brokers.
28. The Owner shall be liable for any duties, taxes, imports, levies, deposits or outlays of any kind levied by the authorities at any port or place for or in connection with the Goods and for any payments, fines, expenses, loss or damage incurred or sustained by the Contractor in connection therewith.
29. When the Goods are accepted or dealt with upon instructions to collect freight duties, charges or other expenses from the consignee or any other expenses from the consignee or any other person the Owner shall remain responsible for the same if they are not paid by such consignee or other person.
30. (a) The Contractor shall only be responsible for the Goods whilst they are in its actual custody and under its actual control and the Contractor shall not be liable for the loss of or damage to Goods or failure to deliver the Goods unless it is proved that such loss or damage or failure to deliver the Goods occurred whilst the Goods were in the actual custody of the Contractor and under its actual control and such loss or damage or failure to deliver the Goods was due to the wilful neglect or default of the Contractor or its own servants.
(b) The Contractor shall on be liat>e for any non-compliance with the instructions given to it or it is proved that the same was caused by the wilful neglect or default of the Contractor or its own servants.
(c) Save as aforesaid the Contractor shall be under no liability in connection with the Goods or instructions given to it.
(d) Further and without prejudice to the generality of the proceedings sub-condition, the Contractor shall not in any event be under liability for any delay or consequential loss or loss of market howsoever caused nor for any loss, damage or expense arising from or in any way connected with the marks, weights, numbers, brands, contents, quality or description of any Goods howsoever caused.
31. In any event the Contractor shall be discharged from all liability
For loss from a package or an unpacked consignment or for damage. deviation or mis-delivery (howsoever caused) unless notice is received in writing within seven days after the end of the transit where transit ends in the British Isles or within fourteen days after the end of transit where the transit ends at any place outside the British Isles.
For loss or non-delivery of the Whole of the consignment or any separate package forming part of the consignment (howsoever caused) unless notice is received in writing within twenty eight days of the date when goods should have been delivered.
Notwithstanding the provisions of Sub-paragraphs (a) and (b) the company shall in any event be discharged of all liability, whatsoever, howsoever arising in respect of any service provided for the customer or which the Company has undertaken to provide unless suit be brought within nine months from the date of the event or occurrence alleged to give rise to a cause of action against the Company.
32. (a) The Contractor shall not be obliged to make any declaration for the purpose of any statute as to the nature or value of any Goods or as to any special interest in delivery unless required by law or expressly instructed by the Owner in writing.
Where there is a choice of rate according to the extent or degree of the liability assumed by carriers, warehousemen or other Goods will be forwarded and dealt with at the Owner's risk or other minimum charges and no declaration of value (where optional) will be made unless express instructions in writing to the contrary have previously been given by the Owner.
The Owner shall be deemed to be bound by and to warrant to the accuracy of all descriptions, values and other particulars furnished by the Contractor for Customs, Consular and other purposes and the Owner undertakes to indemnify the Contractor fully against all losses, damages, expenses and claims arising from any inaccuracy or omission even if such inaccuracy or omission is not due to any negligence.
33. Instructions to collect payment on delivery in cash or otherwise are accepted by the Contractor, upon the condition that the Contractor in the matter of such collection will be liable for the exercise of reasonable diligence and care only. A percentage charge will be made for any cash, cheque or other negotiable instruments collected.
34. The Contractor shall not be liable for any loss or damage to the Goods occasioned during storage, if such an event has arisen from:
(a) Act of God
(b) Any consequence of war, invasion, hostilities or by Order of Government or Public or Local Authority.
(c) Seizure under legal process.
(d) The act or commission of the Owner or those of whom he Contracts or of Servant or Agents of either.
(e) Inherent or latent defect, vice or natural deterioration of the Goods.
(f) Inadequate or improper packing if the packing has not been carried out by the Contractor.
(g) Insufficient or incorrect labelling or addressing. If this has not been carried out by the Contractor.
(h) Riot, Civil Commotion or Industrial Action.