Bahrain International Cargo Services

1.

All and any business undertaken by BAHRAIN INTERNATIONAL CARGO SERVICES W.L.L.(hereinafter called “the company”) is transacted subject to the conditions hereinafter set out and each and every condition set out shall be deemed to be a condition of any agreement between the Company and its customers.

2.

The Company is not a Common Carrier. Whenever the Company is instructed to undertake or arrange transport, storage or any other service, it shall be authorized to entrust the goods or arrangements to third parties subject to the latter’s contractual conditions. The customers shall be bound by such conditions and shall indemnify the Company against any claims arising of their acceptance.

3.

Customers entering into transactions of any kind with the Company expressly warrant that they are either owners or authorized agents of the agents of the owners of any goods or property the subject matter of the transaction, and by entering into the transaction they accept these conditions for themselves as well as for all other parties on whose behalf they are acting.

4.

Subject to express instructions in writing given by the customer, the Company reserves to itself complete freedom in respect of means, route and procedure to be followed in the handling and transportation of goods.

5.

The company is entitled to retain and be paid all brokerages, commissions, allowances and other remunerations customarily retained by or paid to Shipping and Forwarding Agents and Insurance Brokers.

6.

Quotations and charges are given on the basis of immediate acceptance and Subject to the right of withdrawal or revision. If any changes occur in the rates of freight, insurance premiums or other charges applicable to the goods, quotations and charges shall be subject to revision accordingly with or without notice.

7.

The Senders, Owners and Consignee of any goods and their agents, if any shall be deemed to be bound by and to warrant the accuracy of all descriptions, values and other purposes and they undertake to indemnify the Company against all losses, damages, expenses and fines arising from any inaccuracy or omission, even if such inaccuracy or omission is not due to any negligence.

8.

The Company shall not be liable under any circumstances for any loss, damage or expense arising from or in any way connected with marks, weight, numbers, brands, contents, quality or description of any goods.

9.

The Senders , Owners and Consignees and their agents , if any, shall be liable for any duty, tax, impost or outlays of whatsoever nature 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 Company in connection therewith.

10.

No insurance will be effected expect upon express instructions given in writing by the customer and all insurance effected by the company are subject to the usual expectations and conditions of the policies of the insurance company or underwriters taking the risks. The Company shall not be under any obligation to affect a separate insurance on each consignment but may declare it on any open or general policy. Should be insurers dispute their liability for any reason the insured shall not be under any responsibility for any reason the insured shall have recourse against the insures only and the Company shall not be under any responsibility or liability in relation thereto, notwithstanding that the premium upon the policy may not be at the same rate as that charged by the Company or paid to the Company by its customers.

11.

The Company shall not be liable for delay or detention of goods or any loss, damage or deterioration arising there from expect upon proof that the delay, detention, loss, damage or deterioration, was due solely to the willful negligence of the company or company servants.

12.

The Company shall not in any liable for:
(a) Loss of a particular market, or
(b) Indirect or consequential damages; or
(c) Loss or damage arising from:-
(i) insufficient or improper packing or addressing, or
(ii) The perishable hazardous fragile or brittle nature or the mechanical derangement of the goods; or
(iii) Riots, civil commotion, strikes, lockouts, stoppages or restraint of labour from whatever cause, whether partial or general or
(iv) Failure by the consignee to take delivery within a reasonable time.

13.

In no case shall the liability of the company exceed the value of the goods or a sum at the rate of BD.50 per t ton of 20 cwl of goods lost or damaged, whichever shall be the smaller. In case of furniture, plate, china, glass and holds effects of any kind the liability of the Company in respect of any one article, suite of furniture, services or complete contents of a package, shall be limited to BD 10.

14.

(a) In the case of goods of a value exceeding BD 100 per package or unit or the (b) equivalent of that sum in other currency, the value will not be declared or (c) inserted in the Bill of Landing for the purpose of extending the Ship owners’ liability under Article IV, Rule 5 of the Carriage of Goods by Sea Act, 1924, except upon express instructions given in writing by the customer.
(b) In the case of Carriage by Air, no optional declaration of value to increase the Air Carrier’s liability under the Carriage by Air Act, 1932, Article 22 (2) of the First Schedule will be made except on express instructions given in writing by the customer.
(c) In all other cases where there is a choice of tariff rates according to the extent of the liability assumed by carriers; warehousemen or other no declaration of value (where optional) will be made for the purpose of extending liability, and goods will be forwarded or dealt with at owner’s risk or other minimum charges, unless express instructions in writing to the contrary are given by the customer.

15.

Instructions to collect payment on delivery (C.O.D.) in cash or otherwise are accepted by the Company upon the condition that the Company in the matter of such collected will be liable for the exercise of reasonable diligence and care only

16.

Perishable goods, which are not taken up immediately upon arrival or which are insufficiently addressed or marked or otherwise not identifiable, may be sold or otherwise disposed of without any notice to the Senders. Owners or Consignees deduction of charges shall be equivalent to delivery.

17.

Non-perishable goods which cannot be delivered either because they are insufficiently or incorrectly addressed or because they are not collected or accepted by the Consignee may be sold or returned at the Company’s option at any time after expiration of 21 days from a notice in writing sent to the address which the Sender gave the Company on delivery of the goods. All charges and expenses arising in connection with the sale or return of the good shall be paid by the customer. A communication from any agent or correspondent of the company to the effect that the goods cannot be delivered for any reason shall be conclusive evidence of that fact.

18.

Expect under special arrangements previously made in writing the Company will not accept or deal with any noxious, hazardous or inflammable or explosive goods or any goods likely to cause damage. Any person delivering such goods to the Company or causing the Company to handle or deal with any such goods( expect under special arrangements previously made in writing) shall be liable for all loss or damage caused thereby and shall indemnity the Company against all penalties claims damages costs and expenses arising in connection therewith and the goods may be destroyed or otherwise dealt with at the sole discretion of the Company or any person in whose custody they may be at the relevant time. If such goods are accepted under arrangements previously made in writing they may nevertheless be so destroyed or otherwise dealt with if they become dangerous to other goods or property. The expression “goods likely to cause damage” includes good likely to harbors or encourage vermin other pests.

19.

Expect under special arrangements previously made in writing the Company will not accept bullion, coins, precious stones, jewellery, valuables, antiques, pictures, livestock or plants and the Company will not accept any liability what ever for any such goods except under special arrangements previously made in writing.

20.

Pending forwarding and delivery, goods may be warehoused or otherwise held at any place at the sold discretion of the Company at the owner’s risk and expenses.

21.

All goods (and documents relating to goods) shall be subject to a particulars and general lien for monies due either in respect of such goods or for any particular or general balance or other monies due from Senders. Owners or Consignees to the Company. If any monies due to the Company are not paid within one calendar month after notice has been given to the person from whom the monies are due to his or her last known address that such goods are detained, they may be sold by auction or otherwise at the sole discretion of the Company and the expense of such person, and the proceeds applied in or towards satisfaction of such particular and general lien.

22.

The servant, employees and agents of the Company shall be entitled to the benefit of all provisions in these conditions which exclude or restrict tortuous liability of any kind.

23.

All agreements between the Company shall be governed according to established principles of English Law.

24.

The Company shall not under any circumstances be liable for loss or damage resulting from fire, water, explosion or theft, whether caused by negligence of the Company’s servants or otherwise.

25.

In the event of unexplained loss of goods in the custody of the Company the liability of the Company shall not exceed the limits defined in the paragraph 13of these conditions.