Breakbulk refers to cargo that is properly packaged, but not containerized. This type of cargo must be loaded and unloaded individually piece by piece at each transfer point.
In the shipping business, chartering is the practise of a shipowner renting out the use of their vessel to a charterer. A charterparty is the name of the agreement between the parties.
Cross-trade shipments are when merchandise is sent from one nation to another without first passing through the nation where the shipper’s company is registered.
These terms and conditions applies between you, the User of this Website, and , the owner and provider of this Website. takes the privacy of your information very seriously. The terms and conditions applies to our use of any and all Data collected by us or provided by you in relation to your use of the Website.
“Carriage” means the services undertaken by the Carrier in relation to the Goods, including but not limited to transport (whether by sea, road or any other mode), loading, unloading, storing, warehousing and handling. “Carrier” means
“Goods” means the whole or any part of the cargo accepted from the Shipper and includes any packaging and/or any Container not supplied by or on behalf of the Carrier.
“Container” means any article used to consolidate Goods, including but not limited to any container, open top container, trailer, canvas tops, transportable tank, flat, platform or pallet, and any equipment connected thereto or associated therewith.
“Dangerous Goods” means any Goods which are or may become of a dangerous, noxious, hazardous, flammable or damaging nature (including radioactive material), or which are or may become liable to damage any Persons or property, whether or not listed in any official or unofficial international or national code, convention, listing or table.
“Freight” means all charges payable to the Carrier in accordance with this Bill of Lading and the tariff incorporated herein.
“Holder” means any Person in possession of this Bill of Lading to or in whom the property in the Goods and/or rights of suit and/or liability under this Bill of Lading has passed or been vested by reason of the consignment of the Goods or the endorsement of this Bill of Lading or otherwise.
“Merchant” includes the Shipper, Holder, Consignee, the receiver of the Goods and/or any Person owning or entitled to the possession of the Goods or this Bill of Lading and/or acting on behalf of any such Persons, whether as agent or otherwise.
“Multimodal Movement” arises when the Place of Receipt and/or the Place of Delivery are specified on the face hereof in the relevant spaces.
“Package” means the units enumerated on the face hereof as being packed in a Container.
“Person” includes but is not limited to individuals, firms, partnerships, corporations or any other legal entity.
“Port to Port Movement” arises when the Port of Loading and Port of Discharge have been specified on the face hereof, but neither the Place of Receipt nor the Place of Delivery have been specified.
“Subcontractor” includes all servants and agents of the Carrier, and all direct, indirect and/or independent subcontractors employed by the Carrier, and their servants or agents, whether in direct contractual privity or not, and includes but is not limited to: owners, charterers and operators (including the Master, Officer and crew) of vessels other than the Carrier; underlying carriers; stevedores; terminal, depot and groupage operators; road and rail transport operators; and warehousemen.
The provisions set out and referred to in the Bill of Lading shall apply to all Carriage as defined herein as performed by the Carrier and/or his Subcontractor(s).
The terms of the Carrier’s applicable tariff at the date of shipment, which includes terms relating to freetime, demurrage and detention, are incorporated herein. Copies of the relevant provisions of the applicable tariff are available from the Carrier upon request. In the case of inconsistency between the Bill of Lading and the applicable tariff, this Bill of Lading shall prevail.
use any method, manner, means and/or route whatsoever to perform the Carriage;
transfer the Goods from one conveyance to another including transhipping or carrying the same on a vessel other than the vessel named overleaf or on any other means of transport whatsoever, notwithstanding that such transhipment or forwarding may not have been contemplated or provided for herein;
proceed with or without pilots by any route in his discretion whether or not the nearest or most direct or customary or advertised route at any speed and proceed to or stay at or return to any place or port whatsoever once or more often and in any order;
load and unload the Goods at any place or port (whether or not such place is named overleaf as the Place of Receipt or Place of Delivery, or such port is named overleaf as the Port of Loading or Port of Discharge) and store the Goods at any such place or port, and/or unpack and remove Goods packed into a Container and forward via Container or otherwise;
comply with any other orders or recommendations given by any government authority or any Person or body acting or purporting to act as or on behalf of such government authority or having under the terms of insurance on the conveyance employed by the Carrier the right to give orders or directions.
treat the performance of this contract as terminated and place the Goods or any part thereof at the Merchant’s disposal at any place or port which the Carrier may deem safe and convenient, whereupon responsibility of the Carrier in respect of such Goods shall cease;
carry the Goods to the contracted Port of Discharge or Place of Delivery, as applicable, by an alternative route to that provided for in this Bill of Lading or to that which would otherwise be usual;
suspend the carriage of the Goods and store them ashore or afloat upon the conditions of this Bill of Lading, in which case the Carrier will endeavour to forward the Goods as soon as possible, but without making any representation as to the maximum period of suspension.
in the case of Port to Port Movements, shall begin to run from the time of loading at the Port of Loading and shall end at the time of discharge at the Port of Discharge;
in the case of Multimodal Movements, shall begin to run from the time of taking over the goods at the Place of Receipt, if applicable, otherwise from the time of loading at the Port of Loading, and shall end upon delivery to the Place of Delivery, if applicable, otherwise at the time of discharge at the Port of Discharge;
shall in no case extend to loss or damage to Goods before loading, if the Place of Receipt is not named, and/or to loss of or damage to Goods after discharge, if the Place of Delivery is not named.
any act, omission or neglect of the Merchant or any third party other than the Carrier or his Subcontractor(s);
compliance with the instructions of the Merchant or any other Person entitled to give them;
the lack, inadequacy, insufficiency or defective condition of packing, marks or numbers on the Containers, Goods or any coverings used;
handling, loading, stowage or unloading of the Goods by or on behalf of the Merchant;
inherent vice of the Goods;
strikes, lockouts, stoppage or restraints of labour from whatever cause, whether partial or general;
any nuclear incident;
any cause or event which the Carrier could not avoid and the consequences of which he could not prevent by the exercise of reasonable diligence.
Without prejudice to the generality of the Carrier’s rights under this Bill of Lading:
all landing charges, customs duties, wharfage, terminal handling charges and destuffing costs are for the Merchant’s account and shall be due from and payable by all of the Persons falling within the definition of Merchant as defined in clause 1 herein, who shall be jointly and severally liable thereof, irrespective of any acceptance by the Carrier of instructions to collect ay such charges from the Shipper, Consignee or any other Person;
expenses are chargeable in accordance with local Port rules;
the time allowed for destuffing is 4 (FOUR) hours for each container as from the time of arrival at pier/warehouse/premises, thereafter demurrage will be charged to the Merchant in accordance with clause 26(c)(i) above.
As Agents Only
BRITISH INTERNATIONAL FREIGHT ASSOCIATION (BIFA) STANDARD TRADING CONDITIONS
2021 EDITION, © BIFA 2021
THE CUSTOMER’S ATTENTION IS DRAWN TO SPECIFIC CLAUSES HEREOF WHICH EXCLUDE OR LIMIT THE COMPANY’S LIABILITY AND THOSE WHICH REQUIRE THE CUSTOMER TO INDEMNIFY THE COMPANY IN CERTAIN CIRCUMSTANCES AND THOSE WHICH LIMIT TIME AND THOSE WHICH DEAL WITH CONDITIONS OF ISSUING EFFECTIVE GOODS INSURANCE BEING CLAUSES 7, 8, 10, 11(A) and 11(B) 12-14 INCLUSIVE, 18-20 INCLUSIVE, AND 24-27 INCLUSIVE. THE CUSTOMER’S ATTENTION IS ALSO DRAWN TO CLAUSE 28 WHICH PERMITS ARBITRATION IN CERTAIN CIRCUMSTANCES
All headings are indicative and do not form part of these conditions
DEFINITIONS AND APPLICATION
1 In these conditions the following words shall have the following meanings:-
“Company” | the BIFA member trading under these conditions |
“Consignee” | the Person to whom the goods are consigned |
“Customer” | any Person at whose request or on whose behalf the Company undertakes any business or provides advice, information or services |
“Direct Customs Agent” | the Company acting in the name of and on behalf of the Customer and/or Owner with H.M. Revenue and Customs (“HMRC”) as defined by the Taxation (Cross Border Trade) Act 2018, Clause 21.1(a), or as amended |
“Goods” | the cargo to which any business under these conditions relates |
“Person” | natural person(s) or any body or bodies corporate |
“LMAA” | the London Maritime Arbitrators Association |
“SDR” | are Special Drawing Rights as defined by the International Monetary Fund |
“Transport Unit” | packing case, pallets, container, trailer, tanker, or any other device used whatsoever for and in connection with the carriage of Goods by land, sea or air |
“Owner” | the Owner of the Goods or Transport Unit and any other Person who is or may become interested in them
|
2(A) Subject to sub-paragraph (B) below, all and any activities of the Company in the course of business, whether gratuitous or not, are undertaken subject to these conditions.
(B) If any legislation, to include regulations and directives, 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.
3 The Customer warrants that he is either the Owner, or the authorised agent of the Owner and, also, that he is accepting these conditions not only for himself, but also as agent for and on behalf of the Owner.
THE COMPANY
4(A) Subject to clauses 11 and 12 below, the Company shall be entitled to procure any or all of the services as an agent, or, to provide those services as a principal.
(B) The Company reserves to itself full liberty as to the means, route and procedure to be followed in the performance of any service provided in the course of business undertaken subject to these conditions.
5 When the Company contracts as a principal for any services, it shall have full liberty to perform such services itself, or, to subcontract on any terms whatsoever, the whole or any part of such services.
6(A) When the Company acts as an agent on behalf of the Customer, the Company shall be entitled, and the Customer hereby expressly authorises the Company, to enter into all and any contracts on behalf of the Customer as may be necessary or desirable to fulfil the Customer’s instructions, and whether such contracts are subject to the trading conditions of the parties with whom such contracts are made, or otherwise.
(B) The Company shall, within 14 days’ notice given by the Customer, provide evidence of any contract entered into as agent for the Customer. Insofar as the Company may be in default of the obligation to provide such evidence, it shall be deemed to have contracted with the Customer as a principal for the performance of the Customer’s instructions.
7 In all and any dealings with HMRC, for and on behalf of the UK established Customer and/or Owner, the Company is deemed to be appointed and duly empowered to act as a Direct Customs Agent only, to make Customs declarations in the name of the Customer (Principal) as their “Direct Agent”.
8(A) Subject to sub-clause (B) below,
the Company:
(i) has a general lien on all Goods and documents relating to Goods in its possession, custody or control for allsums due at any time to the Company from the Customer and/or Owner on any account whatsoever, whether relating to Goods belonging to, or services provided by or on behalf of the Company to the Customer or Owner. Storage charges shall continue to accrue on any Goods detained under lien;
(ii) shall be entitled, on at least 21 days’ notice in writing to the Customer, to sell or dispose of or deal with such Goods or documents as agent for, and at the expense of, the Customer and apply the proceeds in or towards the payment of such sums;
(iii) shall, upon accounting to the Customer for any balance remaining after payment of any sum due to the Company, and for the cost of sale and/or disposal and/or dealing, be discharged of any liability whatsoever in respect of the Goods or documents.
(B) When the Goods are liable to perish or deteriorate, the Company’s right to sell or dispose of or deal with the Goods shall arise immediately upon any sum becoming due to the Company, subject only to the Company taking reasonable steps to bring to the Customer’s attention its intention to sell or dispose of the Goods before doing so.
9 The Company shall be entitled to retain and be paid all brokerages, commissions, allowances and other remunerations customarily retained by, or paid to, freight forwarders.
10(A) Should the Customer, Consignee or Owner of the Goods fail to take delivery at the appointed time and place when and where the company is entitled to deliver, the Company shall be entitled to store the Goods, or any part thereof, at the sole risk of the Customer or Consignee or Owner, whereupon the Company’s liability in respect of the Goods, or that part thereof, stored as aforesaid, shall wholly cease. The Company’s liability, if any, in relation to such storage, shall be governed by these conditions. All costs incurred by the Company as a result of the failure to take delivery shall be deemed as freight earned, and such costs shall, upon demand, be paid by the Customer.
(B) The Company shall be entitled at the expense of the Customer to dispose of or deal with (by sale or otherwise as may be reasonable in all the circumstances):-
(i) after at least 21 days’ notice in writing to the Customer, or (where the Customer cannot be traced and reasonable efforts have been made to contact any parties who may reasonably be supposed by the Company to have any interest in the Goods) without notice, any Goods which have been held by the Company for 60 days and which cannot be delivered as instructed; and
(ii) without prior notice, any Goods which have perished, deteriorated, or altered, or are in immediate prospect of doing so in a manner which has caused or may reasonably be expected to cause loss or damage to the Company, or third parties, or to contravene any applicable laws or regulations.
11(A) No insurance will be effected except pursuant to and in accordance with clearly stated instructions given in writing by the Customer and accepted in writing by the Company, and all insurances effected by the Company are subject to the usual exceptions and conditions of the policies of the insurers or underwriters taking the risk. Unless otherwise agreed in writing, the Company shall not be under any obligation to effect a separate insurance on the Goods, but may declare it on any open or general policy held by the Company.
(B) Insofar as the Company agrees to effect insurance, the Company acts solely as agent for the Customer, and the limits of liability under clause 26(A) of these conditions shall not apply to the Company’s obligations under clause 11.
12(A) Except under special arrangements previously made in writing by an officer of the Company so authorised, or made pursuant to or under the terms of a printed document signed by the Company, any instructions relating to the delivery or release of the Goods in specified circumstances (such as, but not limited to, against payment or against surrender of a particular document) are accepted by the Company, where the Company has to engage third parties to effect compliance with the instructions, only as agents for the Customer.
(B) Despite the acceptance by the Company of instructions from the Customer to collect freight, duties, charges, dues, or other expenses from the Consignee, or any other Person, on receipt of evidence of proper demand by the Company, and, in the absence of evidence of payment (for whatever reason) by such Consignee, or other Person, the Customer shall remain responsible for such freight, duties, charges, dues, or other expenses.
(C) The Company shall not be under any liability in respect of such arrangements as are referred to under sub-clause (A) and (B) hereof save where such arrangements are made in writing, and in any event, the Company’s liability in respect of the performance of, or arranging the performance of, such instructions shall not exceed the limits set out in clause 26(A) (ii) of these conditions.
13 Advice and information, in whatever form it may be given, is provided by the Company for the Customer only. The Customer shall indemnify the Company against all loss and damage suffered as a consequence of passing such advice or information on to any third party.
14 Without prior agreement in writing by an officer of the Company so authorised, the Company will not accept or deal with Goods that require special handling regarding carriage, handling, or security whether owing to their thief attractive nature or otherwise including, but not limited to bullion, currency, securities, precious stones, jewellery, valuables, antiques, pictures, human remains, living creatures, plants. Should any Customer nevertheless deliver any such goods to the Company, or cause the Company to handle or deal with any such goods, otherwise than under such prior agreement, the Company shall have no liability whatsoever for or in connection with the goods, howsoever arising.
15 Except pursuant to instructions previously received in writing and accepted in writing by the Company, the Company will not accept or deal with Goods of a dangerous or damaging nature, nor with Goods likely to harbour or encourage vermin or other pests, nor with Goods liable to taint or affect other Goods. If such Goods are accepted pursuant to a special arrangement, but, thereafter, and in the opinion of the Company, constitute a risk to other goods, property, life or health, the Company shall, where reasonably practicable, contact the Customer in order to require him to remove or otherwise deal with the goods, but reserves the right, in any event, to do so at the expense of the Customer.
16 Where there is a choice of rates according to the extent or degree of the liability assumed by the Company and/or third parties, no declaration of value will be made and/or treated as having been made except under special arrangements previously made in writing by an officer of the Company so authorised as referred to in clause 26(D).
THE CUSTOMER
17 (A)The Customer warrants:
(i) that the following (furnished by on or behalf of the Customer) are full and accurate: the description and particulars of any Goods; any information furnished (including but not limited to, the nature, gross weight, gross mass (including the verified actual gross mass of any container packed with packages and cargo items), and measurements of any Goods); and the description and particulars of any services required by or on behalf of the Customer are full and accurate, and
(ii) that any Transport Unit and/or equipment supplied by the Customer in relation to the performance of any requested service is fit for purpose;
(B) that all Goods have been properly and sufficiently prepared, packed, stowed, labelled and/or marked, and that the preparation, packing, stowage, labelling and marking are appropriate to any operations or transactions affecting the Goods and the characteristics of the Goods.
(C) that where the Company receives the Goods from the Customer already stowed in or on a Transport Unit, the Transport Unit is in good condition, and is suitable for the carriage to the intended destination of the Goods loaded therein, or thereon;
(D) that where the Company provides the Transport Unit, on loading by the Customer, the Transport Unit is in good condition, and is suitable for the carriage to the intended destination of the Goods loaded therein, or thereon.
18 Without prejudice to any rights under clause 15, where the Customer delivers to the Company, or causes the Company to deal with or handle Goods of a dangerous or damaging nature, or Goods likely to harbour or encourage vermin or other pests, or Goods liable to taint or affect other goods, whether declared to the Company or not, he shall be liable for all loss or damage arising in connection with such Goods, and shall indemnify the Company against all penalties, claims, damages, costs and expenses whatsoever arising in connection therewith, and the Goods may be dealt with in such manner as the Company, or any other person in whose custody they may be at any relevant time, shall think fit.
19 The Customer undertakes that no claim shall be made against any director, servant, or employee of the Company which imposes, or attempts to impose, upon them any liability in connection with any services which are the subject of these conditions, and, if any such claim should nevertheless be made, to indemnify the Company against all consequences thereof.
20 The Customer shall save harmless and keep the Company indemnified from and against
(A) all liability, loss, damage, costs and expenses whatsoever (including, without prejudice to the generality of the foregoing, all duties, taxes, imposts, levies, deposits and outlays of whatsoever nature levied by any authority in relation to the Goods) arising out of the Company acting in accordance with the Customer’s instructions, or arising from any breach by the Customer of any warranty contained in these conditions, or from the negligence of the Customer;
(B) without derogation from sub-clause (A) above, any liability assumed, or incurred by the Company when, by reason of carrying out the Customer’s instructions, the Company has become liable to any other party;
(C) 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, regardless of whether such claims, costs, and/or demands arise from, or in connection with, the breach of contract, negligence or breach of duty of the Company, its servants, sub-contractors or agents;
(D) any claims of a general average nature which may be made on the Company.
21(A) The punctual receipt in full of sums falling due from the Customer to the Company is critical to the operation of the Company’s business and its performance of its obligations to the Customer. Accordingly the Customer shall pay to the Company in cash, or as otherwise agreed, all sums when due, immediately and without reduction or deferment on account of any claim, counterclaim or set-off. Time is of the essence of payment of all and any sums payable by the Customer to the Company.
(B) In the event of any failure by the Customer to make full and punctual payment of any sum payable to the Company (in accordance with clause 21(A) above):
(i) Any and all other sums properly earned by and/or otherwise due to the Company (but which, but for this clause 21(B), would otherwise not yet be payable by the Customer, whether by virtue of an agreed credit period or otherwise) shall become immediately payable in full; and
(ii) Any sum thereby becoming immediately payable shall be paid to the Company in cash, or as otherwise agreed, and without reduction or deferment on account of any claim, counterclaim or set-off.
(C) No omission to seek compensation for breach of 21(A) and (B) above by the Company shall constitute a waiver or release to the Customer from any liability under 21(A) and (B) above during the application of these terms unless agreed in writing by authorised officers of the Company and Customer.
(D) The Late Payment of Commercial Debts (Interest) Act 1998, as amended, shall apply to all sums due from the Customer.
22 Where liability arises in respect of claims of a general average nature in connection with the Goods, the Customer shall promptly provide security to the Company, or to any other party designated by the Company, in a form acceptable to the Company.
LIABILITY AND LIMITATION
23 The Company shall perform its duties with a reasonable degree of care, diligence, skill and judgment.
24 The Company shall be relieved of liability for any loss or damage if, and to the extent that, such loss or damage is caused by:-
(A) strike, lock-out, stoppage or restraint of labour, the consequences of which the Company is unable to avoid by the exercise of reasonable diligence; or
(B) any cause or event which the Company is unable to avoid, and the consequences of which the company is unable to prevent by the exercise of reasonable diligence.
25 Except under special arrangements previously made in writing by an officer of the Company so authorised, the Company accepts no responsibility with regard to any failure to adhere to agreed departure or arrival dates of Goods.
26(A) Subject to clause 2(B) and 11(B) above and sub-clause (D) below, the Company’s liability howsoever arising and, notwithstanding that the cause of loss or damage be unexplained, shall not exceed:
(i) in the case of claims for loss or damage to Goods:
(a) the value of any loss or damage; or
(b) a sum at the rate of 2 SDR per kilo of the gross weight of any Goods lost or damaged
whichever shall be the lesser.
(ii) subject to (iii) below, in the case of all other claims:
(a) the value of the subject Goods of the relevant transaction between the Company and its Customer; or
(b) where the weight can be defined, a sum calculated at the rate of 2 SDR per kilo of the gross weight of the subject Goods of the said transaction; or
(c) 75,000 SDR in respect of any one transaction,
whichever shall be the lesser.
(iii) in the case of an error and/or omission, or a series of errors and/or omissions which are repetitions of or represent the continuation of an original error and/or omission:
(a) the loss incurred; or
(b) 75,000 SDR in the aggregate of any one trading year commencing from the time of the making of the original error and/or omission,
whichever shall be the lesser.
For the purposes of clause 26(A), the value of the Goods shall be their value when they were, or should have been, shipped. The value of SDR shall be calculated as at the date when the claim is received by the Company in writing.
(B) Subject to clause 2(B) above and sub-clause (D) below, the Company’s liability for loss or damage as a result of failure to deliver, or arrange delivery of goods, in a reasonable time, or (where there is a special arrangement under Clause 25) to adhere to agreed departure or arrival dates, shall not in any circumstances whatever exceed a sum equal to twice the amount of the Company’s charges in respect of the relevant contract.
(C) Save in respect of such loss or damage as is referred to at sub-clause (B), and subject to clause 2(B) above and sub-clause (D) below, the Company shall not in any circumstances whatsoever be liable for indirect or consequential loss such as (but not limited to) loss of profit, loss of market, or the consequences of delay or deviation, however caused.
(D) On clearly stated instructions in writing declaring the commodity and its value, received from the Customer and accepted by the Company, the Company may accept liability in excess of the limits set out in sub-clauses (A) to (C) above upon the Customer agreeing to pay the Company’s additional charges for accepting such increased liability. Details of the Company’s additional charges will be provided upon request.
27(A) Any claim by the Customer against the Company arising in respect of any service provided for the Customer, or which the Company has undertaken to provide, shall be made in writing and notified to the Company within 14 days of the date upon which the Customer became, or ought reasonably to have become, aware of any event or occurrence alleged to give rise to such claim, and any claim not made and notified as aforesaid shall be deemed to be waived and absolutely barred, except where the Customer can show that it was impossible for him to comply with this time limit, and that he has made the claim as soon as it was reasonably possible for him to do so.
(B) Notwithstanding the provisions of sub-paragraph (A) above, the Company shall in any event be discharged of all liability whatsoever and howsoever arising in respect of any service provided for the Customer, or which the Company has undertaken to provide, unless suit be brought and written notice thereof given to the Company within nine months from the date of the event or occurrence alleged to give rise to a cause of action against the Company.
JURISDICTION AND LAW
28(A) These conditions and any act or contract to which they apply shall be governed by English law.
(B) Any dispute arising out of any act or contract to which these Conditions apply shall, save as provided in (C) below, be subject to the exclusive jurisdiction of the English courts.
(C) Notwithstanding (B) above, the Company is entitled to require any dispute to be determined by arbitration.
(D) The Company may exercise its rights under (C) above either by itself commencing arbitration in respect of a dispute or by giving written notice to the Customer requiring a dispute to be determined by arbitration.
(E) In the event that the Company exercises its rights under (C) above, the corresponding arbitration shall be conducted as follows:
(i) Where the amount claimed by the claimant is less than £400,000, excluding interest, (or such other sum as the Company and Customer may agree, and subject to (iii) below), the reference shall be to a tribunal of three arbitrators and the arbitration shall be conducted in accordance with the LMAA Intermediate Claims Procedure applicable at the date of the commencement of the arbitration proceedings;
(ii) Where the amount claimed by the claimant is less than £100,000, excluding interest, (or such other sum as the Company and Customer may agree, and subject to (iii) below), the reference shall be to a sole arbitrator and the arbitration shall be conducted in accordance with the LMAA Small Claims Procedure applicable at the date of the commencement of the arbitration proceedings;
(iii) In any case where neither of the LMAA Procedures referred to in (i) and/or (ii) above applies, the reference shall be to three arbitrators in accordance with the LMAA Terms applicable at the date of the commencement of the arbitration proceedings.
At Tuscor Lloyds we are committed to maintaining the trust and confidence of customers who use us, approach us for quotations and visit our website. We want to make it clear that Tuscor Lloyds does not sell, rent or trade any information with other companies and businesses for marketing purposes.
The below policy includes detailed information on when and why we collect your personal information, how we use it, secure it and the limited circumstances around which we may share it with others.
We collect your personal data whenever you contact us to make an enquiry about our services, when you fill out the contact form on our website, or when you are kind enough to make booking with us to move your cargo.
We will store and use your personal data throughout the duration of our business together, and for some time afterwards in connection with the work you have asked us to carry out for you. In most cases, we will hold data for no more than 6 years.
We process and store the personal data of all customers and suppliers in connection with our business together. This enables us to improve our services, tailor our offer to our customers and their requirements, and from time to time your data on file enables us to contact you regarding offers and products which are related to you and your business.
We also use data for market research purposes, so that we can understand your needs better.
Tuscor Lloyds does not share or buy personal details for marketing purposes and if we are contacting you there will be a reason why, usually because you have contacted us in a business context at some time in the past, and you have asked us to keep you informed about your services.
If you feel that we have contacted you in error, please feel free to let us know:
If you would like to carry out any of the above, then please contact us right away at [email protected] or call us on +44161 8686000.
If you have any comments, concerns or complaints about our messaging or our use of data, please email us at [email protected] or call us on +44161 8686000.
You can also use the ‘Unsubscribe’ link in the regular emails and newsletters we send out, and we will remove you from the mailing list. Please note however that we will not permanently destroy your personal data unless requested to do so by you.
We collect standard internet logging information from users to our website and social network feeds, information such as the IP address, and we use tracking services such a Google Analytics to do this.
We and our suppliers will not make any attempt to track the identities of users interacting with our web-based services. Users who fill out contact forms or engage with us on social media will be supplying some of their personal data when they do so. These details are subject to the same policies outlined above.
When you register with us to receive our newsletter, we collect personal details during this process. We use this information to send you news in respect of the commercial activities of Tuscor Lloyds. We will also use the information to contact you about offers and promotions which we feel you will benefit from, or check you are happy with our services, how we might improve and if we need additional information from you.
We do not rent or trade email lists with any third parties or organisations unless legally required to do so.
Newsletters and circulars are sent using MailChimp. During this process, we gather data around who opens and views the emails and what content the recipients are engaging with. This data is confidential and is used for statistical purposes only. For more information please see [MailChimp’s Privacy Notice].
Recipients can unsubscribe from our emails, newsletters and other circulars by clicking on the ‘Unsubscribe’ Link at the bottom of the page, or by emailing [email protected] or calling us on +44161 8686000.
As Agents Only
At Tuscor Lloyds we are committed to protecting and preserving the privacy of our visitors when visiting our site or communicating electronically with us. This Privacy Policy contains an explanation of what happens to personal data that you choose to provide to us, or that we collect from you whilst you visit this site. Our Privacy Policy should be read in conjunction with our terms of website use. We do occasionally update this Policy so please do return and review this Policy from time to time.
In running and operating this website we may collect and process certain data and information relating to you and your use of this site. This data and information is detailed below:
Cookies are sometimes used to improve the website experience of a visitor to a website. We may sometimes use cookies on this website to record aggregate statistical information about the visitors to our site and the use that our visitors make of the website. When collected this information is used by us to improve our website and further enhance the visitor experience and, may be shared with advertisers. Pease note that no personally identifiable information is recorded. We may also use the cookies to gather information about your general internet use to further assist us in developing or website. Where used, these cookies are downloaded to your computer automatically. This cookie file is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive and then stored there and transferred to us where appropriate to help us to improve our website and the service that we provide to you. All computers have the ability to decline cookies. You can easily decline or remove cookies from your computer using the settings within the Internet Options section in your computer control panel. Our advertisers may also use cookies on their website. We have no control over this and you should review the privacy policy of any advertiser that you visit as a result of an advert or link on this website.
The information we collect is used for our own use in developing our website and also occasionally by advertisers on this site. In addition, we may use the information for the following purposes:
If you are an existing customer, we may contact you with information about goods and services similar to those that you have expressed an interest in previously via our website. Finally, we may use your data, or allow carefully selected third parties to use your data, so that you can be provided with information about unrelated goods and services which we consider are likely to be of interest to you. We or they may contact you about these goods and services by any of the methods that you consented to at the time your information was collected. If you are a new customer, we will only contact you or allow third parties to contact you only when you have provided consent and, only by those means you provided consent for. If you do not want us to use your data for our or third parties use then you will always have the option to object to such use.
Information that we collect may on occasion be transferred and stored outside of the European Union for the purpose of supplying our goods or services to you. By submitting your personal data, you agree to this transfer, storing or processing. We will always take all reasonable precautions to make sure that your data remains secure and is handled in accordance with this Privacy Policy. Data that is provided to us is stored on our secure servers. Details relating to any transactions entered into on our site will be encrypted to ensure its safety. The transmission of information via the internet is not completely secure and therefore we cannot guarantee the security of data sent to us electronically and transmission of such data is therefore entirely at your own risk. Where we have given you (or where you have chosen) a password so that you can access certain parts of our site, you are responsible for keeping this password confidential.
Where applicable, we may disclose your personal information to any member of our group. This includes, where applicable, our subsidiaries, our holding company and its other subsidiaries (if any). We may also disclose your personal information to third parties:
You mind find links to third party websites on our website. These websites should have their own privacy policies which you should check. We do not accept any responsibility or liability for their policies whatsoever as we have no control over them.
The Data Protection Act 1998 gives all individuals the right to access personal information that is held about them. You can request a copy of any information that we hold about you. Please note that any request for this information may be subject to payment of £10 which covers our administrative costs. Please contact us if you wish to make such a request.
If you have any questions or queries relating to this Privacy Policy then please contact us at [email protected]
As Agents Only
Tuscor Lloyds Acts As Agents Only
Please note phone calls may be recorded for training and customer service purposes.
Tuscor Lloyds Acts As Agents Only
This E-mail is intended for the addressee(s) named above and any other use is prohibited. It may contain confidential information. If you receive this E-mail in error, Please contact the sender by return E-mail. Tuscor Lloyds does not accept legal responsibility for the contents of this message if it has reached you via the Internet. Any opinions expressed are those of the author and are not necessarily endorsed by Tuscor Lloyds. Recipients are advised to apply their own virus checks through this message and all incoming E-mail on delivery. All other services provided are performed as agents for the shipper/consignee and are provided under the current edition of the Standard Trading Conditions of BIFA (2005) & our Bill of Lading. Copies of all of these conditions are available on request.
Tuscor Lloyds
Tuscor Lloyds Acts As Agents Only
Reg. No: 291 6888 England | VAT NO: 588 7817 63 | BIFA Reg. No: 2495
Tuscor Lloyds Ltd
Tuscor Lloyds Acts As Agents Only
Reg. No: 031 94387 England | VAT NO: 628 7767 86 |
1. This credit agreement is between Tuscor Lloyds (UK) Limited (hereafter also known as ‘the company’), and the entity named on the front page of this document (hereafter also known as ‘the customer’).
2. All trading is conducted under standard terms of trade as published by BIFA. These terms are available on request, and are to be read in conjunction with the bill of lading (if issued), and the payment/credit terms set out herein.
3. Any claims for damage or loss of cargo whilst in transit are part of separate discussions and will not affect the payment of freight and other charges as set out on this invoice.
4. Any disputes arising from performance of obligations under contracts outside of this agreement shall not in any way influence or alter the terms of this credit agreement. Withholding payment for reasons connected to any other contract shall be deemed a breach of this agreement.
5. By signing this agreement you declare that the information contained herein is accepted and correct to the best of your knowledge. As a signatory, you are entering into a legal agreement and do so in the full knowledge and apparent or actual authority of the party on whose behalf you are signing.
6. Tuscor Lloyds (UK) Limited will continue to issue statements of account throughout the credit period. Please take note of invoice due dates and ensure all payments are up to date.
7. This credit agreement is subject to periodic review by the company. Credit is granted on a purely discretionary basis. The customer may be requested to sign new credit agreements when applicable.
8. Any application for credit is subject to trade references and credit checks by Tuscor Lloyds (UK) Limited. If the status of the customer changes, then the company reserves the right to cancel the current agreement and request a re-application for credit from the customer.
9. The customer must make a fresh credit application in order to vary terms and extend the agreed credit period or limit.
10. If these credit terms are not being met by the customer, then the company reserves the right to cancel the credit agreement.
11. If any event occurs which can be seen to influence the customer’s ability to settle their account within terms, unexpected or otherwise, Tuscor Lloyds (UK) Limited reserves the right to cancel credit arrangements in order to limit exposure the company.
12. Tuscor Lloyds (UK) Limited reserves the right to alter, change or amend the credit terms without notice, explanation or prejudice to any other agreements or contracts.
13. Credit is granted from the date of invoice up to and including the final day allowed to pay as shown on the credit agreement.
14. Any default of payment falls under the statutory law of England and Wales. Default or late payment may attract further administrative costs and interest as applicable under statutory law.
15. The credit limit is shown on the front of this agreement. If the limit is exceeded then standard payment terms are to be applied. Standard payment terms are immediate payment due on the date of invoice. Tuscor Lloyds (UK) Limited reserves the right to demand immediate payments to bring the balance down to the assigned credit limit.
16. All queries related to billing by Tuscor Lloyds (UK) Limited must be submitted in writing within 7 days from the date of invoice. In any event queries or disputes do not affect the due date of invoice, and any new invoices issued to correct the matter (if applicable) will become due on the same date as the first (originally disputed) invoice.
17. This agreement is subject to the jurisdiction of England and Wales.