Terms and Conditions

K & L DELIVERIES LIMITED.

(HEREINAFTER REFERRED TO AS “THE CARRIER”) ACCEPTS GOODS FOR CARRIAGE UPON THE
TERMS AND SUBJECT TO THE CONDITIONS SET OUT BELOW (HEREIN DESCRIBED AS “THESE
CONDITIONS”). UNLESS PREVIOUSLY AGREED IN WRITING BY AN OFFICER OF THE CARRIER
WHO HAS EXPRESS AUTHORITY TO DO SO.
(1) NO VERBAL, WRITTEN OR OTHER ADDITION, AMMENDMENT, VARATION HERETO OR
HEREOF SHALL BE EFFECTIVE;
(2) THESE CONDITIONS SUPERSEDE ANY OTHER TERM AND CONDITIONS APPEARING
ELSEWHERE AND SHALL PREVAIL OVER AND EXCLUDE ANY TERMS OR CONDITIONS
STIPULATED OR INCORPORATED OR REFERRED TO BY THE TRADER OR HIS AGENTS OR
ANY THIRD PARTY; AND
(3) IT SHALL BE A PRECONDITION OF THE CARRIER ACCEPTING GOODS FOR CARRIAGE THAT
THE SAME IS SUBJECT TO THESE CONDITIONS IN ALL RESPECTS.
1
DEFINITIONS
IN THESE CONDITIONS THE FOLLOWING EXPRESSIONS SHALL HAVE THE MEANING HEREBY
RESPECTIVELY ASSIGNED TO THEM, THAT IS TO SAY: –
TRADER SHALL MEAN A CUSTOMER WHO CONTRACTS WITH THE CARRIER FOR
THE SERVICES.
CONSIGNMENT SHALL MEAN GOODS IN BULK OR CONTAINED IN ONE PARCEL OR
PACKAGE OR IN ANY NUMBER OF SEPARATE PACKAGES, IN ALL CASES
SENT AT ONE TIME IN ONE LOAD FROM ONE ADDRESS TO ONE
ADDRESS.
CONTRACT, SHALL MEAN THE CONTRACT OF CARRIAGE BETWEEN THE TRADER
AND THE CARRIER.
CARRIER, SHALL, WHERE THE CONTEXT SO ADMITS INCLUDES THE CARRIERS
OFFICERS, SERVANTS OR AGENTS AND ALSO ANY OTHER CARRIER OR
SUB CONTRACTING PARTY WHOM THE CARRIER HAS AUTHORISED
AND PERMITTED TO USE AND ENGAGE UNDER THESE CONDITIONS.
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PARTIES AND SUB CONTRACTING.
(i)WHERE THE TRADER IS NOT THE OWNER OF SOME OR ALL OF THE GOODS IN ANY
PARTICULAR CONSIGNMENT, THE TRADER HEREBY WARRANTS THAT IS FOR ALL PURPOSES
THE LAWFUL AND DULY AUTHORISED AGENT OF THE OWNER OR OWNERS THEREOF AND
THAT IT HEREBY ACCEPTS THESE CONDITIONS FOR ITSELF AND FOR AND ON BEHALF OF ANY
OTHER PERSON HAVING ANY OTHER INTEREST IN THE CONSIGNMENT.
(ii) THE CARRIER MAY EMPLOY AND ENGAGE THE SERVICES OF ANY OTHER CARRIER
FOR THE PURPOSES OF FULFILLING THE CONTRACT.
(iii) THE CARRIER ENTERS INTO THE CONTRACT FOR AND ON BEHALF OF ITSELF AND
ITS OFFICERS, SERVANTS, OR AGENTS AND SUB CONTRACTORS ALL OF WHOM
SHALL BE FULLY ENTITLED TO THE BENEFITS OF THE CONTRACT AND SHALL BE
UNDER NO LIABILITY WHATSOEVER TO THE TRADER OR ANYONE CLAIMING
THROUGH IT IN RESPECT OF A CONSIGNMENT IN ADDITION TO OR SEPARATELY
FROM THAT OF THE CARRIER UNDER THE CONTRACT.
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CARRIER CHARGES.
(i) THE CARRIER SHALL NOT ACCEPT ANY CONSIGNMENT UNDER A CONTRACT OF
CARRIAGE UNLESS EITHER THE TRADER HAS OPENED AN ACCOUNT WITH THE
CARRIER AND IS NOT IN BREACH OF ANY OF THE CONDITIONS OR CREDIT LIMITS
APPLICABLE THERETO. OR THE CONSIGNMENT IS A CASH TRANSACTION. FOR CASH
TRANSACTIONS, THE CARRIER ON COLLECTION OR ACCEPTANCE OF THE
CONSIGNMENT WILL REQUIRE PAYMENT UNLESS OTHERWISE AGREED IN WRITING. IF
THE TRADER HAS OPENED AN ACCOUNT WITH THE CARRIER, THE CARRIER SHALL
SUBMIT INVOICES TO THE TRADER MONTHLY AND THE TRADER SHALL BE OBLIGED TO
SETTLE SUCH INVOICES NOT LATER THAN THE THIRTIETH DAY OF THE CALENDAR
MONTH FOLLOWING THAT IN WHICH THE INVOICE WAS FIRST ISSUED.
(ii) THE CARRIERS CHARGES FOR CARRIAGE AND SERVICES INCIDENTAL THERETO SHALL
BE PAYABLE BY THE TRADER WITHOUT PREJUDICE TO THE CARRIERS RIGHTS AGAINST
THE CONSIGNEE OR ANY OTHER PERSON. THE CARRIER SHALL ONLY ACCEPT “
CARRIAGE FORWARD” OR “ PAID ON DELIVERY” CONSIGNMENTS BY PRIOR WRITTEN
ARRANGEMENT IN WHICH EVENT THE TRADER SHALL BE REQUIRED TO PAY SUCH
CHARGES. IF THE CONSIGNEE FAILS TO PAY AFTER A REASONABLE DEMAND HAS BEEN
MADE BY THE CARRIER FOR PAYMENT THEREOF AND IN ANY EVENT NOT LATER THAN
30 DAYS AFTER THE DUE DATE SET OUT IN PARAGRAPH 1 HEREOF.
(iii) THE TRADER SHALL NOT BE ENTITLED TO DEFER OR WITHHOLD PAYMENT OF ANY
MONEY DUE OR LIABILITIES INCURRED TO THE CARRIER BY REASON OF HAVING ANY
OR COUNTER CLAIM OR ANY ALLEGED CLAIM OR COUNTER CLAIM AND THE TRADER
SHALL NOT UNDER ANY CIRCUMSTANCES BE ENTITLED TO ANY RIGHTS OF SET-OFF IN
RELATION THERETO.
(iv) THE ABSENCE OF, OR ANY DISCREPANCY IN, A SIGNED DELIVERY NOTE SHALL NOT
ENTITLE THE TRADER TO DEFER OR WITHHOLD PAYMENT OF MONIES DUE OR
LIABILITIES INCURRED TO THE CARRIER.
(v) THE CARRIER SHALL HAVE FIRST SPECIFIC LIEN ON THE CONSIGNMENT FOR ALL THE
CARRIERS CHARGES REFERRED TO HEREUNDER AND SHALL HAVE THE SAME RIGHTS
OF SALE IN RELATION THERETO AS SET OUT IN CONDITION 17 BELOW.
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VALUE ADDED TAX.
ALL CHARGES EXCLUDE VALUE ADDED TAX. THE TRADER WILL INDEMNIFY THE
CARRIER AGAINST ANY LIABILITY ARISING UNDER SECTION 16(9) OF THE VALUE ADDED
TAX 1983 OR ANY STATUTORY MODIFICATION OR RE-ENACTMENT THEREOF IN RESPECT
OF A FAILURE TO EXPORT ZERO RATED GOODS OR TO COMPLY WITH ANY CONDITION IN
RELATION TO ZERO RATED GOODS INTENDED TO BE EXPORTED.
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VARIATIONS OF TERMS.
THE PRICE AT WHICH THE CARRIER HAS AGREED TO DELIVER OR PROCURE THE
DELIVERY OF THE CONSIGMENT IS BASED UPON :-
(i) THE WARRANTIES AND INDEMNITIES GIVEN AND ACCEPTED ON THE PART OF THE
TRADER HEREIN;
(ii) THE CARRIERS COST OF MAINTAINING INSURANCE COVER AGAINST THE LIABILITIES
OF ITS PART ASSUMED HEREUNDER; AND
(iii) THE EXCLUSIONS, LIMITATIONS AND RESTRICTIONS OF AND ON THE CARRIERS
LIABILITY HEREUNDER.
THE CARRIER IS PREPARED TO NEGOTIATE A DIFFERENT PRICE IF THE TRADER
REQUIRES ANY VARIATION OR AMENDMENT TO THESE CONDITIONS.
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PACKAGING, LABELLING, AND DANGEROUS GOODS.
(i) THE TRADER WARRANTS THAT EACH ARTICLE COMPRISED IN THE CONSIGMENT HAS
BEEN PROPERLY DESCRIBED TO THE CARRIER AND THAT THE CONSIGMENT ITSELF
HAS BEEN PROPERLY MARKED, ADDRESSED, AND PACKAGED SO AS TO ENSURE AT ALL
TIMES SAFE STORAGE AND TRANSPORTATION WITH ORDINARY CARE AND
HANDELING.
(ii) EVERY CONSIGNMENT SHALL BE ADDRESSED AND LABELLED USING LABELS IN
ACCORDANCE WITH THE CARRIER’S REQUIREMENTS AND SHALL BE ACCOMPANIED BY
A CONSIGNMENT NOTE CONTAINING SUCH PARTICULARS AS THE CARRIER MAY
REASONABLY REQUEST.
(iii) IF THE CARRIER AGREES TO ACCEPT DANGEROUS GOODS FOR CARRIAGE, SUCH GOODS
MUST BE ACCOMPANIED BY A FULL DECLARATION OF THEIR NATURE AND CONTENTS
AND BE PROPERLY AND SAFELY PACKED IN ACCORDANCE WITH ANY STATUTORY
REGULATIONS FOR THE TIME BEING IN FORCE IN RELATION TO ALL SUCH GOODS
AND/OR THEIR TRANSPORTATION.
(iv) THE TRADER SHALL INDEMNIFY THE CARRIER AGAINST ALL COSTS, LOSSES,
DAMAGES, EXPENSES OR OTHER LIABILITY WHATSOEVER ARISING OUT OF THE
CARRIAGE OF ANY DANGEROUS GOODS (WHETHER DECLARED AS SUCH OR NOT) SAVE
INSOFAR AS THE SAME ARISE OUT OF THE CARRIER’S OWN NEGLIGENCE.
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RECEIPTS FOR CONSIGNMENTS.
THE CARRIER SHALL, IF SO REQUIRED. SIGN A DOCUMENT PREPARED BY THE TRADER
ACKNOWLEDGING RECEIPT OF THE CONSIGNMENT BUT NO SUCH DOCUMENT SHALL BE
EVIDENCE OF THE CONDITION OR OF THE CORRECTNESS OF THE DECLARED NATURE,
QUANTITY OR WEIGHT OF THE CONSIGNMENT AT THE TIME IT IS RECEIVED BY THE
CARRIER.
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LOADING AND UNLOADING.
DELIVERING
THE CARRIER WILL USE ITS BEST ENDEAVOURS TO DELIVER A CONSIGNMENT NOT
LATER THAN THE NEXT WORKING DAY FOLLOWING THE DAY OF THE COLLECTION.
FOR THE PURPOSES OF THIS CLAUSE, SATURDAY IS NOT CONSIDERED A WORKING
DAY.
THE CARRIER WILL MAKE ONE ATTEMPT TO DELIVER A CONSIGNMENT DURING
NORMAL WORKING HOURS I.E. 9AM TO 5PM ON A WORKING DAY. IF THE
CONSIGNMENT CANNOT BE DELIVERED AND A RECEIPT OPTAINED THE COMPANY
WILL HAVE THE OPTION EITHER TO MAKE A FURTHER ATTEMPT TO DELIVER OR TO
RETURN THE CONSIGNMENT TO THE TRADER AT THE TRADERS COST.
(I) WHEN COLLECTION OR DELIVERY DOES NOT TAKE PLACE AT THE CARRIER’S OWN
PREMISES, THE CARRIER SHALL NOT BE UNDER ANY OBLIGATION WHATSOEVER TO
PROVIDE PLANT, POWER OR LABOUR WHICH, IN ADDITION TO THE CARRIER’S OWN
DRIVERS, IS REQUIRED FOR LOADING OR UNLOADING. ANY SUCH PLANT , POWER OR
LABEL SHALL BE PROVIDED AT THE SOLE RISK AND COST OF THE TRADER WHO SHALL
INDEMNIFY AND KEEP THE CARRIER FULLY IDEMNIFIED AGAINST ALL LOSSES,
LIABILITIES, COSTS, DAMAGES, EXPENSES, CLAIMS OR ACTIONS SUFFERED OR
INCURRED BY THE CARRIER IN RESPECT OF THE PROVISION OR USE OF THE SAME OR
ANY OTHER MATTERS RELATING THERETO.
(II) GOODS REQUIRING SPECIAL APPLIANCES FOR UNLOADING ARE ACCEPTED FOR
CARRIAGE ONLY ON CONDITION THAT THE TRADER HAS DULY ASCERTAINED FROM
THE CONSIGNEE THAT SUCH APPLIANCES ARE AVAILABLE AND WILL BE USED BY THE
CONSIGNEE AT THE SPECIFIED PLACE OF DELIVERY.
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UNREASONABLE DETENTION
THE TRADER SHALL BE LIABLE TO THE CARRIER FOR ALL COSTS, DAMAGES OR
EXPENSES SUFFERED BY THE CARRIER IN RESPECT OF UNREASONABLE, ABNORMAL
OR UNUSUAL DETENTION OF THE CARRIER’S VEHICLES, CONTAINERS AND OTHER
THINGS WHICH ARISE AS A RESULT OF THE NATURE, STATE, OR PACKAGING OF THE
CONSIGNMENT OR ANY PART THEREOF. IN ADDITION, TIME SPENT AT EITHER THE
POINT OF COLLECTION OR POINT OF DELIVERY OF THE CONSIGNMENT IN EXCESS OF
ONE QUARTER OF AN HOUR PER TONE IN GROSS WEIGHT OF THE CONSIGNMENT
SHALL, AT THE DISCRETIION OF THE CARRIER, BE SUBJECT TO AN ADDITIOINAL
CHARGE CALCULATED AT THE CARRIER’S HOURLY RATE LEVIED FOR THE
OPERATION OF THE PARTICULAR VEHICLE, CONTAINER OR OTHER THING INVOLVED.
10
ROUTE
UNLESS OTHERWISE AGREED IN WRITING, THE METHOD AND ROUTE OF TRANSIT
SHALL BE AT ABSOLUTE AND SOLE DISCRETION OF THE CARRIER.
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TRANSIT
(I) TRANSIT SHALL COMMENCE WHEN THE CONSIGNMENT IS HANDED TO THE CARRIER
WHETHER AT THE POINT OF COLLECTION OR (AS THE CASE MAY BE) AT THE CARRIER’S
PRIMISES.
(II) TRANSIT SHALL (UNLESS OTHERWISE PREVIOUSLY TERMINATED) END WHEN THE
CONSIGNMENT IS TENDERED AT THE SPECIFIED PLACE OF DELIVERY WITHIN THE
CUSTOMARY DELIVERY HOURS IN THE DISTRICT CONCERNED OR AT SUCH OTHER
TIMES AS MAY BE AGREED BETWEEN THE CARRIER AND THE TRADER PROVIDED
THAT:-
(A) IF NO SAFE AND ADEQUATE ACCESS OR NO ADEQUATE UNLOADING FACILITIES
THERE EXIST, THEN TRANSIT SHALL BE DEEMED TO END AT THE EXPIRY OF ONE
CLEAR DAY AFTER NOTICE IN WRITING ( INCLUDING FAX) OF THE ARRIVAL OF
THE CONSIGNMENT AT THE CARRIER’S PREMISES IN THE RELEVANT DISTRICT HAS
BEEN SENT TO THE CONSIGNEE; AND
(B) WHERE FOR ANY OTHER REASON WHATSOEVER A CONSIGNMENT CANNOT BE
DELIVERED OR WHEN A CONSIGNMENT IS HELD BY THE CARRIER TO AWAIT
ORDER OR “TO BE KEPT TILL CALLED FOR” OR UPON ANY LIKE INSTUCTIONS AND
SUCH INSTRUCTIONS ARE NOT GIVEN OR THE CONSIGNMENT IS NOT CALLED FOR
THEN TRANSIT SHALL BE DEEMED TO END AT THE EXPIRY OF ONE CLEAR DAY
AFTER NOTICE IN WRITING (INCLUDING FAX) OF SUCH FACT HAS BEEN SENT TO
THE CONSIGNEE.
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UNDELIVERED OR UNCLAIMED ITEMS
AFTER TERMINATION OF TRANSIT, UNLESS OTHERWISE AGREED IN WRITING, THE CARRIER
WILL HOLD THE CONSIGNMENT AS WARE-HOUSEMEN SUBJECT TO ITS NORMAL
WAREHOUSING CHARGES AND CONDITIONS PREVAILING AT THE TIME AND SUBJECT
ALWAYS TO THE CARRIER’S RIGHT OF SALE AND LIEN PROVIDED FOR IN CONDITION 4 AND
CONDITION 17 HEREOF.
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COMPUTATION OF TIME
WHERE ANY PERIOD OF SEVEN DAYS OR LESS PROVIDED BY THESE CONDITIONS IS
COMPUTED, THERE SHALL BE IGNORED BY ANY SUNDAY OR BANK, OR PUBLIC OR OTHER
STATUTORY HOLIDAY.
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LIABILITY OF CARRIER
THE CARRIER SHALL BE LIABLE FOR LOSS OR DAMAGE TO GOODS OCCASIONED DURING
TRANSIT UNLESS AND TO THE EXTENT THAT THE SAME HAS BEEN CAUSED BY , IS DUE TO,
OR HAS ARISEN FROM;-
(I) THE CARRIAGE OF EXPLOSIVES, RADIOACTIVE MATERIALS, POISONOUS GASES,
OXIDIZING MATERIALS, NARCOTICS OR FIREARMS;
(II) AN ACT OF GOD , FORCE MAJEURE OR ANY OTHER OCCURRENCE OR CAUSE
BEYOND THE CONTROL OF THE CARRIER, INCLUDING WAR , CIVIL COMMOTION,
INVASION, HOSTILITIES, RIOTS AND OTHER LIKE OCCURRENCES;
(III) SEIZURE,DAMAGE , CONFISCATION, REQUISITION OR DESTRUCTION UNDER
LEGAL PROCESS OR BY OR UNDER THE ORDER OF ANY GOVERNMENTAL, LOCAL
AUTHORITY, OR OTHER PULIC BODY;
(IV) ANY ACT OR OMISSION OF THE TRADER OR (IF NOT THE TRADER) THE OWNER OR
OWNERS OF THE GOODS COMPRISED IN A CONSIGNMENT (OR PART THEREOF) ,
INCLUDING THEIR RESPECTIVE SERVANTS OR AGENTS AND ANYTHING DONE BY
THE CARRIER AT THE EXPRESS REQUEST OR DIRECTION OF THEM;
(V) INHERENT LIABILITY TO WASTAGE, EITHER IN BULK, WEIGHT OR QUALITY, ANY
LATENT OR INHERENT DEFECTS OR NATURAL DETERIORATION OF THE GOODS;
(VI) INSUFFICIENT OR IMPROPER PACKAGING, LABELLING OR ADDRESSING;
(VII) INDUSTRIAL DISPUTES, LOCK-OUTS AND GENERAL OR PARTIAL STOPPAGES OR
RESTRAINTS OF LABOUR OF WHATSOEVER NATURE;
(VIII) ELECTRICAL, MAGNETIC, INJURY, ERASURE, X-RAY OTHER SIMILAR DAMAGE TO
ELECTRONIC OR PHOTOGRAPHIC IMAGES OR RECORDING IN ANY FORMS.
PROVIDED THAT UNDER NO CIRCUMSTANCES SHALL THE CARRIER BE LIABLE IN
ANY EVENT FOR CONSEQUENTIAL LOSS, SPECIAL DAMAGES OR OTHER INDIRECT
LOSS, HOWSOEVER ARISING, WHETHER OR NOT THE CARRIER KNEW OR OUGHT
TO HAVE KNOWN THAT SUCH LOSSES OR DAMAGES MIGHT BE INCURRED
INCLIDING WITHOUT LIMITATION LOSS OF INCOME, PROFITS, INTEREST OR LOSS
OF MARKET.
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LIMITATION OF LIABILITY
LIMITATION OF LIABILITY IS IN ACCORDANCE WITH THE TERMS OF THE CONDITIONS OF
CARRIAGE OF THE IRISH ROAD HAULAGE ASSOCIATION 2008.
LIABILITY IS LIMITED TO;
(A) THE VALUE OF THE GOODS ACTUALLY LOST, MIS-DELIVERED OR DAMAGED OR,
(B) THE COST OF REPAIRING ANY DAMAGE OR RECONDITIONING THE GOODS OR THE
SUM OF SEVEN EURO FIFTY CENT (€7.50) PER KILO SUBJECT TO A MAXIMUM OF TEN
THOUSAND EURO (€10,000.00) REGARDLESS OF THE WEIGHT OF THE CONSIGNMENT.
FULL TRANSIT LIABILITY COVER UP TO A MAXIMUM OF TEN THOUSAND EURO
(€10,000.00) PER CONSIGNMENT WILL BE PROVIDED BY THE CARRIER PROVIDED THE
TRADER SPECIFIES THAT SUCH COVER IS REQUIRED BY INFORMING THE CARRIER IN
WRITING PRIOR TO CARRIAGE. THE TRADER WILL BE LIABLE TO PAY A
SUPPLEMENTARY CHARGE WHERE SUCH COVER PER CONSIGNMENT AS DETAILED IN
THE CARRIER’S RATE SCHEDULE FROM TIME TO TIME.
(C) FULL TRANSIT LIABILITY COVER IS NOT AVAILABLE FOR CONSIGNMENTS WHICH
COMPRISE OR INCLUDE BULLION, CURRENCY, CHEQUES, BILLS OF EXCHANGE,
POSTAGE STAMPS, PRECIOUS METALS, GOLD AND SILVER ARTICLES, PRECIOUS
STONES, JEWELLERY, WATCHES, ANTIQUES, WORKS OF ART, FURS, ALCOHOL,
DANGEROUS DRUGS, DANGEROUS GOODS, LIVESTOCK, PLANTS, PERISHABLES,
CERAMICS AND GLASS, OR FOR DAMAGE RESULTING IN THEIR CARRIAGE.
PROVIDED THAT;-
(II)
(A) WHERE THE CARRIER HAS COVERED THE CONSIGNMENT IN ACCORDANCE WITH
PARAGRAPH B BELOW FOR FULL TRANSIT LIABILITY THE LIMITATION SHALL BE
INCREASED TO A MAXIMUM AGGREGATE AMOUNT OF €10,000 REGARDLESS OF
THE GROSS WEIGHT OF THE CONSIGNMENT;
(B) FULL TRANSIT LIABILITY COVER UP TO A MAXIMUM OF €10,000 PER
CONSIGNMENT WILL BE PROVIDED BY THE CARRIER PROVIDED THE TRADER
SPECIFIES THAT SUCH COVER IS REQUIRED BY INFORMING IN WRITING THE
CARRIER. THE TRADER WILL BE LIABLE TO PAY A SUPPLEMENTARY CHARGE FOR
SUCH COVER PER CONSIGNMENT AS DETAILED ON THE CARRIER’S RATE
SCHEDULE FROM TIME TO TIME.
(C) FULL TRANSIT LIABILITY COVER IS NOT, AVAILABLE FOR CONSIGNMENTS WHICH
COMPRISE OR INCLUDE BULLION, CURRENCY, CHEQUES, BILLS OF EXCHARGE,
POSTAGE STAMPS, PRECIOUS METALS, GOLD AND SILVER ARTICLES. PRECIOUS
STONES, JEWELLERY, WATCHES, ANTIQUES, WORKS OF ART, FURS, ALCOHOL,
DANGEROUS DURGS, DANGEROUS GOODS, LIVESTOCK, PLANTS, PERISHABLES,
CERAMICS AND GLASS, OR FOR DAMAGE RESULTING IN THEIR CARRIAGE.
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TIME LIMIT FOR CLAIMS
THE CARRIER SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR OTHER LIABILITY OF
WHATSOEVER NATURE UNLESS;-
(A) THE TRADER NOTIFIES THE CARRIER OF AN IMPENDING CLAIMS WITHIN THREE
WORKING DAYS AFTER TERMINATION OF TRANSIT; AND
(B) THE CARRIER RECIEVES A COMPLETED CLAIM FORM FROM THE TRADER WITHIN
SEVEN WORKING DAYS AFTER TERMINATION OF TRANSIT.
PROVIDED THAT NO CLAIM SHALL BE ENTERTAINED BY THE CARRIER NOR SHALL
ANY LIABILITY ATTACH TO IT, UNLESS ALL PAYMENTS DUE TO THE CARRIER
FROM THE TRADER ON RESPECT OF THE DELIVERY OF THE CONSIGNMENT HAVE
BEEN FULLY MADE.
17
GENERAL LIEN
THE CARRIER SHALL HAVE A GENERAL LIEN AGAINST THE TRADER OR THE OWNER OR
OWNERS OF ANY GOODS COMPRISED IN ANY CONSIGNMENT FOR ANY MONEYS AND OTHE
LIABILITIES WHATSOEVER DUE FORM THE TRADER OR SUCH OWNER OR OWNERS TO THE
CARRIER. IF ANY SUCH MONEYS OR LIABILITIES ARE NOT PAID OR SATISFIED WITHIN A
REASONABLE TIME, AND IN ANY EVENT NOT LATER THAN 30 DAYS AFTER THE DUE DATE
SPECIFIED IN PARAGRAPH 3.1 HEREOF. THE CARRIER SHALL BE AT LIBERTY IN ITS
ABSOLUTE DISCRETION TO SELL, ANY OR ALL SUCH GOODS AS AGENT FOR THE OWNER OR
OWNERS THEREOF AND TO APPLY THE PROCEEDS TOWARDS PAYMENT OR SATISFACTION
OF ALL SUCH MONEYS OR LIABILITIES AND ALL THE EXPENSES OF ANY SUCH SALE AND
THE CARRIER SHALL, UPON ACCOUNTING TO THE TRADER FOR THE BALANCE REMAINING
(IF ANY) OF SUCH PROCEEDS AFTER SUCH APPLICATION, BE DISCHARGED FORM ALL
LIABILITY WHATSOEVER IN RESPECT OF THE CONSIGNMENT. FAILURE TO DELIVER
WITHIN THE SPECIFIED TIME PERIOD DUE TO EXERCISE OF THE CARRIER’S LIEN SHALL
NOT ENTITLE THE TRADER OR SUCH OWNER OR OWNERS TO WITHHOLD PAYMENT OF ANY
OF THE CARRIER’S CHARGES.
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SEVERANCE
IF AT ANY TIME ANY ONE OR MORE OF THE PROVISIONS OF THESE CONDITIONS SHALL
BECOME OR BE DECLARED INVALID, ILLEGAL OR UNENFORCEABLE IN ANY RESPECT
UNDER ANY LAW, THE VALIDITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS
HEREOF SHALL NOT IN ANY WAY BE AFFECTED OR IMPAIRED THEREBY.
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HEADINGS
THE HEADINGS OF THESE TERMS AND CONDITIONS ARE FOR CONVENIENCE ONLY AND
SHALL HAVE NO EFFECT ON THE INTERPRETATION THEREOF.
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GOVERNING LAW
THESE CONDITIONS AND EACH AND EVERY CONTRACT MADE PURSUANT THERETO SHALL
BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH LAWS OF IRELAND AND THE
TRADER HEREBY SUSBMITS TO THE NON-EXCLUSIVE JURISDICTION OF THE IRISH COURTS.