Standard Trading Condition
1. The following terms and conditions shall govern the relationship between Mutrah Shipping & Trading Agency LLC (hereinafter referred to as “the Company”) and customers in respect of any and all business undertaken by the Company.
2. It is expressly understood and agreed that whenever the Company is instructed to clear, forward, transport or store goods or render any other service, the company is authorised to entrust any or all such services to third parties subject to the latter's contractual conditions and the customer shall be bound by such conditions and shall indemnify the Company against any claim arising therefrom.
3. The customer hereby warrants that they are either the owners or their authorised agents in respect of the subject matter of this transaction.The customer hereby warrants that they are either the owners or their authorised agents in respect of the subject matter of this transaction.The customer hereby warrants that they are either the owners or their authorised agents in respect of the subject matter of this transaction.
4. The company shall have absolute freedom in respect of means, route and procedure to be followed in clearing, forwarding, transportation, storage and handling of goods.
5. The customer shall have no claim whatsoever on all brokerages, commissions and allowances and any other remunerations received by the Company as shipping and forwarding agents and as insurance brokers.
6. Company's qualifications shall be on the basis of immediate acceptance and subject always to the Company's right of withdrawal or revision with or without notice.
7. If any legislation 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 or these Conditions be repugnant to such legislation to any extent such part shall as regards such business be over-ridden to that extent and no further.
8. The customer shall be bound by and shall be deemed to have warranted the accuracy of description, values and other particulars furnished to the Company and undertakes to indemnify the Company against all losses, damages, expenses, fines resulting from any inaccuracy or omission even if such accuracy or omission is not due to any negligence.
9. The Company shall not be liable under any circumstance whatsoever for any loss, damage or expense arising from or directly or indirectly connected with marks, weight, numbers, brands, contents, quality or description of goods.
10. No liability shall attach to the Company or their servants and agents for delay or detention of goods and any consequent loss or damage or deterioration unless such delay or detention was due solely to the willful negligence of the Company or their servants.
11. The Company shall not be under any obligation to insure the goods except on express directions in writing of the Customer. The Company shall not be bound to effect separate insurance on each consignment but may declare the same on any open or general policy of insurance. The insured shall have no recourse against the Company for any claims in respect of the policy of insurance.
12. The Customer shall be liable for any duty, fines and any other impost levied by the customs, port municipal and other authorities in connection with the goods and shall make good to the Company expenses, loss or damage incurred by the Company in this behalf.
13. The Company shall not be liable for loss of any particular market or damages directly or indirectly attributable thereto.
14. The Company assumes no responsibility for (1) insufficient or improper packing or addressing. (2) perishables, fragile goods and for any mechanical derangement of the goods. (3) customers failure to receive the goods as soon as they are available for delivery to him.
15. Subject to Clause 7 above, the Company's liability shall under no circumstance exceed the invoice value of the goods or a sum at the rate of RO 0.800 per kg of goods lost or damaged whichever shall be the lower. In the case of furniture, china glass, plate and household effects of any kind, the liability shall be limited to RO 10/- per package, suite of furniture or article.
16. The Customer hereby agrees that :
(1) In respect of any one package or unit whose value exceeds RO 100/- such value shall be inserted in the Bill of Lading for the purpose of extending the shipowner's liability under Article IV rule 5 of the Hague Rules only if instructed by the Customer in writing.
(2) In case of carriage by air, no optional declaration of value to increase the carrier's liability under the carriage by Air Act 1932 Art 22(2) of the First Schedule shall be made except on instructions in writing by the Customer.
(3) In all other cases no declaration of value (where optional) will be made for extending liability of carriers, warehouse men or others and goods will be forwarded or dealt with at customers risk and cost unless written instructions are given by the Customer.
17. The Company may undertake business on Cash on Delivery basis on conditions that the company will be liable to exercise reasonable diligence and care only.
18. 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 of the goods, and payment or tender of the net proceeds of any sale after deduction of charges shall be equivalent to delivery.
19. 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 the expiration of 21 days from a notice in writing sent to the address which the Sender gave to the Company on delivery of the goods. All charges and expenses arising in connection with the sale or return of the goods 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.
20. Except under special arrangements previously made in writing the Company will not accept or deal with any noxious, dangerous, 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 (except under special arrangements previously made in writing) shall be liable for all loss or damage caused thereby and shall indemnify the Company against all penalties, claims, damages, costs and expenses arising in connection therewith and the goods may be destroyed or otherwise dealt with the sole discretion of the Company or any other 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 but is not limited to goods to harbour or encourage vermin or other pests.
21. Except 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 whatever for any such goods except under special arrangements previously made in writing.
22. Pending forwarding and delivery, goods may be warehoused or otherwise held at any place or places at the discretion of the Company at the owner's risk and expense.
23. The Company shall have particular and general lien on all goods and documents thereof for invoice due from the customer. If such dues are not paid within a month from the date of a written notice sent by post to the last known address of the customer, the Company may in exercise of its lien, sell the goods by auction or otherwise at the sole expense of the Customer and the sale proceeds applied towards the dues and balance if any paid to the Customer.
24. The servants, 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.
25. All agreements between the Company and its customers shall be governed by the laws of Oman.
26. The Company is not under any circumstances liable for loss or damage from the following causes, whether caused by negligence of the Company's servants or otherwise - fire, water, explosion, theft, riots, civil commotion, strikes, lock-outs, stoppages, labour unrest or restraint or any other matter outside the control of the Company.
27. 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 Clause 15 above.