Trading Conditions
1.0 Definition
1.1 “The Company” means Columbia International Removals Limited and (unless the context forbids) includes its servants, agents, representatives, contractors, sub-contractors and any persons carrying or otherwise holding or storing goods for it anywise howsoever under any contracts or sub-contracts with it including but not limited to any carriers, haulier, warehousemen and/or forwarders whether in Hong Kong or anywhere abroad.
1.2 “The Customer” means and includes (unless the context forbids) any or all persons or parties placing the order or otherwise entering into the contract with the Company, the shipper, consignee, sender, receiver and owner of any goods making use or otherwise taking the benefit of any of the services of the Company.
1.3 “Goods” means goods, articles, chattels and/or merchandises of whatsoever nature, form and description including but not limited to all kinds of household goods, personal effects, machineries and commodities.
1.4 “Carrier” or “carriers” means any carrier by land, sea or air including but not limited to any ship owners or operators, lightermen, road haulier, operators of canal, land transport of any type, railway or aircraft or others and (unless the context forbids) includes all servants, agents, representatives and sub-contractors of such carrier or carriers and the warehousemen and/or forwarding agents engaged by such carrier or carriers.
2.0 The Company’s Obligations
2.1 In relation to any transaction involving the sending of goods abroad from Hong Kong (hereinafter referred to as “overseas transaction” or “overseas transactions”), the following shall apply -
2.1.1 In all overseas transactions, the Company is only acting as a forwarding agent and not a carrier (whether common or private) and shall only forward goods subject to the conditions hereof and to the contracts, terms, conditions and regulations of the various carriers, persons, companies or authorities into whose possession the goods may pass irrespective whether or not the Customer has any actual or constructive notice of the same Provided Always That if there is any conflict between them, the conditions hereof shall prevail.
2.1.2 Subject to the conditions hereof, the Company’s obligations and duties in any overseas transaction shall exclusively be restricted to the following and the Company shall be conclusively deemed to have fully and absolutely discharge all its obligations and duties upon the performing of the following2.1.2.1 The packing of such of the goods at the agreed time and place(s) as requested by the Customer.
2.1.2.2 Taking delivery of the goods at the agreed time and place(s) in Hong Kong and sending the same to the carrier in Hong Kong engaged for the carriage of the goods to the agreed designated destination(s).
2.1.2.3 In the event if the goods are not immediately delivered to the carrier, to store keep and/or warehouse the same at the Customer’s own risks and expenses of such place and in such manner as the Company shall deem fit from the time of taking delivery from the Customer to the time of delivery of the same to the carrier; and
2.1.2.4 Arranging with and paying such carrier or carriers as the Company shall deem fit for the delivery of the goods to the agreed designated destination(s).
2.1.3 For the avoidance of doubt, in addition and without prejudice to any other provisions hereinafter, in relation to any overseas transaction, the Customer hereby agrees that –
2.1.3.1 Once the goods are delivered to and received by the carrier (or as the case may be. If more than one carrier is involved, to the first carrier) in Hong Kong engaged for the delivery of the goods, the Company’s responsibility and/or liabilities in relation to the goods and its delivery or carriage shall be absolutely and conclusively discharged.
2.1.3.2 Any goods contracted to be forwarded by the Company shall be forwarded at the Customer’s own risks.
2.1.3.3 The Company shall not be liable and responsible (whether in contract or in tort);
2.1.3.3.1 for the choice or the taking of any route whether by the Company or by any carrier. Any advice by the Company to the Customer of the route is for reference only and is subject to change without prior notice and the Company shall not be liable or responsible howsoever (whether in contract or in tort) for any deviation departure and/or variation thereof.
2.1.3.3.2 for the loading, unloading, stowage (whether on or under deck), shipment, transshipment, re-shipment and/or storage (save as expressly provided herein) of the goods howsoever.
2.1.3.4 The goods may be discharged at any place or port, including the port of loading, for transshipment and may be transshipped, landed or stored either on shore or afloat and may be reshipped or forwarded by any manner of conveyance whatsoever by water, land or air or otherwise howsoever.
2.1.3.5 The Customer shall be solely responsible (at the Customer’s own costs and expenses) and the Company shall not be liable or responsible howsoever for any Customs clearance and the arranging and/or obtaining of any license permit and/or authorization and the compliance of any law rules and/or regulations for the export and import of the goods nor shall the Company be liable or responsible (whether in contract or in tort) for the giving of any advice therefor.
2.1.3.6 if it appears at any time that the goods or any part thereof cannot safely or properly be carried further, either at all or without incurring any additional expenses or taking any measures in relation to the goods or any part thereof, the Company may without any advance or prior notice to the Customer anthorize the taking of any measures and/or give any direction to the carrier and/or incur any responsible additional expenses for the carriage or continuing carriage thereof, and/or abandon or store or caused to be abandoned or stored the goods at any place ashore or afloat, under cover or in the open and such abandonment or storage shall be deemed to constitute due delivery under this document. If reasonable additional expenses shall be incurred, the Customer shall indemnify the Company thereof.
2.1.3.7 The goods are subject to inspections by Customs and governmental authorities at the place of origin, destinations, places and ports of transshipment and whenever whatever date and time.
2.1.3.8 The Company does not undertake that any goods to be forwarded by them meet any particular market and the Company shall under no circumstance be liable and responsible for any loss or damage to the Customer whether direct/indirect and/or consequential as a result or arising out of any early delivery, delay, misdelivery, and/or non-delivery of the goods. Any advice by the Company to the Customer of the shipping date, arrival date, time of loading and/or any other time in relation to the delivery carriage and/or dispatch of the goods is an estimate and for reference only and is subject to change without any prior notice and it shall be the Customer’s sole liability and responsibility to confirm and ascertain with the carrier or carriers concerned direct as to such times and make appropriate arrangement to take delivery.
2.2 In relation to any transaction for the moving of goods from one location(s) to another location(s) in Hong Kong (hereinafter referred to as “local transaction” or “local transactions”), the following shall apply2.2.1 In all local transactions, the Company is only a private carrier and not a common carrier and the goods are only accepted subject to the conditions hereof and to the contracts, terms, conditions and regulations of any carrier and/or sub-contractor engaged by the Company to carry out the transaction whether the Customer has any notice (actual or constructive) of the same Provided Always That if there is any conflict between the two, the conditions hereof shall prevail.
2.2.2 Subject to the conditions hereof, the Company’s and duties in any local transaction shall exclusively be restricted to the following and the Company shall be conclusively deemed to have fully and absolutely discharged all its obligations and duties upon the performing of the following2.2.2.1 the packing of such of the goods as required by the Customer at the agreed time and place(s), and
2.2.2.2 taking delivery of the goods at the agreed time and place(s) and carrying the same to the agreed designated destination(s).
2.2.3 In addition and without prejudice to any other provisions hereafter in relation to any local transactions, the Customer hereby agrees that if there are any unforeseen circumstances which in the opinion of the Company render the carrying of the goods more difficult or impracticable including but not limited to the suspension of lift service at the place of taking delivery or the agreed designated destination and/or the unavailability of any of the said place(s). inaccessibility or unforeseen hindrance of access to any such place(s) and/or parking and/or accident and/or variation of agreed plans wherefrom or whereto the goods are to be moved and/or the physical inability to move in any of the goods, the Company shall be entitled to suspend the carriage or operation or any part thereof to such other time or times as the Company shall in its sole and absolute discretion deem fit and store or warehouse the goods or any part thereof at such place(s) and in such manner as the Company shall deem fit at the Customer’s own risks and expenses. Further, in such event, any additional costs therefor shall be borne by the Customer.
3.0 The Customer’s Obligations
The Customer hereby acknowledges, undertakes and agrees the following3.1 The Company will not handle, accept or deal with any noxious, dangerous, hazardous, inflammable or explosive goods or any goods likely to cause danger or damage or threat to any other party, animal, person, pest, property, etc nor will the Company handle accept or deal with any goods which the illegal or unlawful to process. The customer by delivering any goods to the Company to handle or deal with the same (except under special arrangements previously made in writing) warrants and represents that the goods are not of any of the abovementioned nature and the Customer shall be liable and responsible for all loss or damage to the Company caused thereby and shall indemnify the Company against all penalties, claims, damages, costs and expenses as a result or arising out thereof and any goods of such description may be destroyed or otherwise dealt with or disposed of at the sole and absolute discretion of the Company or any other party in whose possession the goods may be at the relevant time.
3.2.1 The Customer shall be solely liable and responsible for the accuracy of all and any information supplied to the Company including but not limited to any particulars of the goods, address(es) and name(s) of the recipients(s) of the goods. Further, the Customer hereby warrants and represents that all relevant information in relation to the goods have been supplied to the Company including but not limited to any nature and/or condition of the goods which requires special handling and care. The company shall not be liable or responsible for any loss and damage to the goods as a result of the breach of this provision and the Customer shall indemnify and reimburse the Company on demand any damage loss, claims, liabilities, and/or additional expenses which the Company may suffer, sustain or incur as a result thereof. For the avoidance of doubt, it is hereby expressly agreed that the Company shall be under no duty to check or verify any information provided by the Customer.
3.2.2 The goods which cannot be delivered because the goods are insufficiently or incorrectly addressed or marked or because the goods are not collected or accepted by the Customer or the Customer’s designated recipient(s) or if the agreed designated destination(s) is not available for the delivery of the goods hereto, the goods shall be collected/disposed of in accordance with clause 5 hereunder.
3.2.3 The Customer shall be solely liable and responsible for any declaration of the goods to the Company and/or any third party or parties including but not limited to the Customer or insurer and the Company shall not be liable or responsible (whether in tort or in contract) to advise or check on the same and otherwise howsoever for any loss or damage arising from or as a result of any error or omission thereof.
3.3 The Customer shall make all necessary arrangement (a) for the goods to be available and ready for the packing and taking delivery by the Company at the agreed time therefor and (b) for the goods to be received upon arrival at the agreed designated destination(s) and the Customer shall be liable and responsible for all loss damages and/or additional expenses incurred by the Company as a result or arising out of any delay or failure threof.
3.4 If any of the goods are not packed by the Company but by the Customer or any third party, the Company shall not be liable or responsible for the packing thereof and for such goods, the Company shall have no duty to check or advice on the packing.
3.5 In the absence of written notice to the contrary given by the Customer to the Company at or prior to the time of taking delivery by the Company of the goods, the Customer by delivery of the goods to the Company warrants and represents that the goods are fit to be carried or stored in the conditions in which it is handed to the Company.
3.6 The Customer hereby warrants and represents that the goods are of no commercial value and not for sale at the destination(s) and only for the exclusive personal use of the Customer if such goods are declared as household goods and personal effects.
3.7 The Customer hereby acknowledges agrees and undertakes to comply with all regulations or requirements of the customs, governmental, port and other authorities, and shall bear and pay all duties, taxes, fines, imposts, expenses or losses incurred or suffered by reason thereof or by reason of any illegal, incorrect or insufficient information of the goods, and shall indemnify the Company in respect thereof.
3.8 Unless otherwise expressly agreed, the Customer shall be solely liable and responsible (at the Customer’s own costs and expenses) for the insurance of the goods and the Company shall not be liable or responsible howsoever for insuring the goods and/or the giving of any advice for the insurance of the goods. In the event if any insurance is requested by the Customer to be effected through or by the Company and the Company agrees so to do, (a) such insurance shall be subject to the usual exceptions and conditions of such type of insurance accepted by the insurer(s) or Underwriter(s) engaged and the Customer shall be conclusively deemed to have full knowledge thereof and the Company shall not be liable or responsible (whether in contract or in tort) for the insurer(s) or Underwriter(s) or the type of insurance chosen or recommended and/or the risk(s) covered or omitted to be covered, and (b) the Customer shall on demand reimburse the Company for all costs and expenses of such insurance: and (c) any request to effect insurance by the Customer (whether oral or in writing) once accepted by the Company shall be binding on the Customer and the Company’s record thereof shall be conclusive.
3.9 The Company shall not be liable or responsible (whether in tort or in contract howsoever) for any accident, delay, misdelivery, mishandling or otherwise howsoever caused and any or all other loss and damages in the course of delivery of any of the goods whether direct, indirect and/or consequential.
4.0 Sub-Contracting
The following conditions and all sub-clauses to this Clause 4 shall be applicable to both overseas transactions and local transactions.
4.1 The Company shall be entitled to contract or sub-contract on any terms and in such manner the whole or any part of any or all the operation and/or duties whatsoever undertaken by the Company in relation to any local transaction or overseas transaction.
4.2 The company shall not be liable or responsible howsoever (whether in tort or in contract) for any act, omission, default, misdelivery, mishandling, accident, delay, breach and/or neglect (howsoever arising whether willful, negligent or otherwise) of any of its contractor, sub-contractor, carrier, warehouseman and/or any other person or parties howsoever engaged involved or taken part in the carriage, delivery and/or storage of the goods.
4.3 The Company shall not be liable or responsible howsoever (whether in tort or in contract) for any choice or nomination of any agent, contractor, sub-contractor, carrier, warehouseman and/or any others in connection with the carriage or delivery of the goods. Further, any such choice or nomination is subject to change by the Company without prior notice.
4.4 For the avoidance of doubt, the Company shall in no event howsoever be liable for any loss or damage of any of the goods where its agents contractors or sub-contractors or the carriers warehousemen or others in whose possession the goods were at the time of such loss or damage occurring are not liable or responsible.
4.5 The Customer undertakes that no claim or allegation shall be made against any agent, representative, servant or sub-contractor of the Company which imposes or attempts to impose upon any of them any liability and responsibility whatsoever in connection with the goods, and, if any such claim or allegation should nevertheless be made, to indemnify the Company against all consequence thereof. Without prejudice to the foregoing, every such agent, representative, servant and sub-contractor shall have the benefit of all provisions herein benefiting the Company as it such provisions were expressly for their benefit.
4.6 The expression “sub-contractor” in this Clause includes direct and indirect sub-contractors including their respective agents, representatives and servants.
5.0 Collection/Disposal of Goods
5.1 Any goods delivered to, stored or kept by, or in anyway left in the possession of the Company shall be collected by the Customer within three(3) days of the Customer being notified by the Company that the goods are ready for collection.
5.2 Any goods not collected by the Customer within three days period as provided in Clause 5.1 above shall be subject to daily storage charges at the rate prescribed by the Company from time to time.
5.3 If the goods are not collected by the Customer within the three days period as provided in Clause 5.1 above, the Company shall be entitled to issue to the Customer a formal written notice which shall provide that if the goods are not collected within 21 days of the date of the formal written notice, the Company shall have the power:- (i) to dispose of the goods ( or any part of the goods) in whatever manner the Company deems fit at the Customer’s own risk and expense; and (ii) to sell the goods (or any part of the goods) at the Customer’s own risks and expense whether by private treaty or by public auction in such manner at such time and for such price as the Company shall in its sole and absolute discretion deem fit; and (iii) to return the goods ( or any part of the goods) to the Customer at the Customer’s own risks and expenses.
5.4 With regard to the sale, disposal or return of uncollected goods, the Company shall not be liable or responsible for any loss and/or damages however caused to the Customer as a result thereof.
5.5 In the case of the disposal or return of the uncollected the goods, the Company shall be entitled to recover from the Customer any outstanding storage, disposal, removal charges and all costs and expenses incurred by the Company.
5.6 In the case of the sale of the uncollected goods, if the proceeds of the sale shall be insufficient to cover all outstanding storage disposal, removal charges and all costs and expenses incurred by the Company, the Company shall be entitled to recover the difference from the Customer.
5.7 For the avoidance of doubt the Company shall have the power to open and inspect any uncollected goods.
6.0 Payment and Charges
6.1.1 The Customer must pay all charges due to the Company within twenty one calendar days from the date of invoice without any deduction set off and/or withholding irrespective whether the goods are lost or damaged Any sum due outstanding but unpaid shall bear interest at the rate of two percent per month from the date due to the date of actual payment (whether before or after judgment). The Company shall be entitled to withhold and not release the goods to the Customer until all outstanding payment and charges due to the Company are paid to the Company including but not limited to any additional interest, storage charges and/or other extra charges or expenses in relation to the goods prior to the taking delivery.
6.1.2 In the event of any retention of goods as provided in 6.1.1 above, the Company shall be entitled to store or otherwise warehouse the goods in such manner and at such place(s) as the Company shall in its sole and absolute discretion deem it at the Customer’s own expenses and risks. Further, the Company may but is not under any duty to insure the goods at the Customer’s own expenses and the Company shall not be liable or responsible for any loss degeneration and/or perishing of the goods during such retention.
6.1.3 The retention of goods or any part thereof as provided in Clause 6.1.1 above shall be deemed to be a failure or refusal of the Customer to collect the goods and all provisions in relation thereto including Clause 3.2.2 and the power of sale provided there under shall apply.
6.2 In addition and without prejudice to 6.1.1 to 6.1.3 above, the Company shall have a lien on the goods for any amount due under these Conditions and for all sums outstanding due but unpaid to the Company by the Customer and for any cost for the recovery of the same (on a full indemnity solicitor own client basis), and if the Customer fail to make any payment due for seven calendar days or more, the Company shall be entitled to sell the goods at such time, in such manner and at such price by private treaty or by public auction without any advertisement. If on sale of the goods, the proceeds shall fail to cover the amounts due and the costs and expenses incurred, the Company shall be entitled to recover the deficit from the Customer.
6.3 The Company is entitled to receive retain and be paid all brokerages, commissions, rebate, allowances and other remunerations customarily received from retained by or paid to Air Lines, Insurance Brokers and Forwarding and Shipping Agents.
6.4 Quotations will only be valid for acceptance within a period of thirty calendar days from the date of the written quotation Provided Always That notwithstanding the foregoing, 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 revisions accordingly with or without any advance or prior notice.
6.5 Any price is quoted on the basis of (a) the information supplied; and (b) the work to be undertake by the Company agreed on; and (c) usual working conditions and (d) there is no changes of rates of freight, insurance premium and the other charges or expenses to be incurred in connection with the carrying out of the transaction(s) whether overseas or local and the Company hereby reserves all rights and shall be entitled at its sole and absolute discretion to increase or revise the price quoted whether before or after the acceptance of such quotation by the Customer on the occurrence of any or more of the following events6.5.1 If the information supplied is inaccurate and any additional costs and expenses are incurred.
6.5.2 If there is any increase in freight, insurance premium and/or any other charges and/or expense to be incurred.
6.5.3 If there is any additional work required or if there is any variation of the instruction of the Customer which results in additional work or additional costs and expenses, and/or
6.5.4 If there are any unforeseen circumstances and/or working conditions which require or result in additional work or additional costs and expenses.
6.6 Further and in addition to the foregoing, for the avoidance of doubt, unless there is express agreement in writing to the contrary, the following are not included in charges quoted and shall be conclusively deemed to be additional services or works and additional charges therefor are required to be paid by the Customer over and above the quoted price6.6.1 Assembling and/or knocking down of furniture, fixtures, installations, machineries and/or any other equipments, appliances and/or instrument.
6.6.2 Customs duties, taxes, vat, etc.
6.6.3 Delivery through staircase due to no lift services and/or lifts are unable to accommodate the goods due to its size and/or weight.
6.6.4 Demurrage and container rental charges;
6.6.5 Insurance during the storage period in the warehouse,
6.6.6 Any warehouse overtime storage rental charges;
6.6.7 Hoisting of the goods in order to be delivered to the place of delivery at a upper floor of a building,
6.6.8 Handling charges into and out of storage facilities,
6.6.9 The consequence of unable to contact or communicate with the Customer due to late receipt of documents, advice, incorrect or without information provided or supplied and when the Customer is out of town or delay in arrival at the destination,
6.6.10 Working after normal working hours and during Saturdays, Sundays or Public Holidays unless previously agreed upon in writing;
6.6.11 Separate date to arrange unpacking of the goods at the place of delivery when the delivery of the goods are made before noon on a certain date unless previously agreed upon in writing.
6.6.12 Unless otherwise agreed upon in writing, delivery to a designated place within a radius of thirty miles from the place or port of entry or discharge,
6.6.13 Disconnection and connection of air-conditioners, lighting fixtures and electrical appliances, glasses, etc.
6.6.14 Delivery to a second place or district within or outside the same place, town, city or district unless otherwise agreed upon in writing.
6.7 For any overseas transaction, all ‘Cash On Delivery’ shipments are subject to additional service charges as the Company may from time to time announce. Subject to such additional sums due to foreign exchange controls at the designated place, the present charge is three percent on the billing amount or Hong Kong dollars five hundred per shipment whichever is higher.
7.0 Claims and Disputes
7.1 The Company must be notified in writing of any discrepancies and/or disputes on biliing and invoices and/or any items charges against the Customer within seven calendar days from the invoice date otherwise the bill and invoice shall be conclusively deemed to be correct valid and binding on the Customer and due or immediately payable.
7.2 Any claim by the Customer (including but not limited to any short delivery, misdelivery, mishandling, loss or damage to the goods, delay negligence and/or otherwise howsoever) must be submitted by the Customer in writing to and actually received by the Company within seven calendar days of the receipt of the goods (or in case of total non-delivery or loss, within seven calendar days of the expected arrival date advised by the Company to the Customer) and if the Customer shall fail so to do, (even if the claim is valid and the Company is liable) the Company’s liabilities and responsibility shall be deemed absolutely discharged and the Customer shall be deemed to have conclusively and irrevocably waived against and released the Company from any of all claims.
7.3 Any claim against the Company must be in writing and with full particulars and supported by an inventory and any other evidence or documents reasonably required by the Company.
7.4 Compensation from the Company shall under no circumstances whatsoever and however arising exceed Hong Kong dollar two only per kilogram of the gross weight of the article and/or goods loss or damaged irrespective of the declared value of the article and goods by the Customer and the maximum compensation from the Company shall not exceed Hong Kong dollars five hundred only per shipment.
8.0 Liabilities and Responsibilities of the Company
The following provisions shall be in addition and without prejudice to any other provisions hereof and applies to both overseas transactions and local transactions
8.1 The Company shall not under any circumstances be liable and responsible for any damages arising and resulting from loss of market or otherwise howsoever attributable to delay in forwarding or in transit or failure (whether willful or negligent) to carry out the instructions given to the Company.
8.2 The Company shall not under any circumstances be liable and responsible for loss or damages resulting from or attributable to any quotation statement representation on information whether oral or in writing howsoever whatsoever or to whomever made or given by or on behalf of the Company as to classification of or the liability and responsibility for the amount scale of rate of the Customers duty excise duty or other impost or tax applicable to any goods.
8.3 Any commitments in writing or otherwise made by any contractors or sub-contractors on behalf of the Company are invalid unless duty verified in writing by authorized personnel of the Company.
8.4 The Company shall not be liable or responsibility howsoever for any loss or damage to the Customer howsoever arising out or as a result of any one or more of the following8.4.1 the wrongful act or omission or neglect of the Customer.
8.4.2 any inherent vice or detect of the goods.
8.4.3 any condition of the goods.
8.4.4 strike, lock-out and/or civil commotion
8.4.5 war, war like or hostile actions.
8.4.6 any government action or intervention.
8.4.7 sudden change in political situations preventing previous and prevailing normal and usual practice in trading.
8.4.8 loss and damages by any accidents, animals, pests, fire, water, theft, explosion, etc.
8.4.9 late and delay arrivals and sailings of ships airplane or any means of carriage employed.
8.4.10 confiscation or extermination by the Customs due to the presence of prohibited packing materials and/or vermin.
8.4.11 act of God.
8.4.12 when the Goods are not in the actual and physical custody of the Company,
8.4.13 Inaccuracy of all description, values and other particulars fur noshed to the Company.
8.4.14 any course or event which the Company could not avoid and the consequence whereof the Company could not prevent by the exercise of reasonable diligence.
Miscellaneous
9.0 All local transactions and overseas transactions shall be governed by the laws of Hong Kong and any claims or dispute arising out thereof shall be subject to the exclusive jurisdiction of the Hong Kong Courts, unless the Company elects or approves otherwise.
10.0 In addition to and without prejudice to the foregoing conditions the Customer undertakes that the Customer shall in any event indemnify the Company against all liabilities and responsibilities suffered or incurred by the Company as a result or arising directly or indirectly out of or in connection with the carrying out by the Company of any of the instructions of the Customer.
11.0 Any notice required to be given by the Company to the Customer shall be deemed to be effectively given if in writing by leaving the same at or posting the same to the address given by the Customer with the Company. Further, any advice by telephone or otherwise verbal (including any telephone message left at the telephone number given by the Customer) shall also be binding on the Customer.
12.0 The terms and conditions hereof shall be all the terms and conditions applying to and governing any transactions undertaken or accepted by the Company and all other terms and conditions whether implied or express not contained in this document are hereby excluded and shall be of no effect howsoever.
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