TERMS & CONDITIONS

Preamble

The terms and conditions are recommended for use, by KOSO INCORPORATED PRIVATE LIMITED. This recommendation is obligatory.

 

DEFINITIONS AND APPLICATION

i. “COMPANY’ means KoSo Incorporated Private Limited t/a Beyond Borders Logistics

ii. “CUSTOMER” any person at whose request or on whose behalf the Company undertakes any business or provides advice, information or services.

iii. “AGENT” means, except when the context otherwise requires, any person who has authority, express or implied, to act for or on behalf of the company in relation to the carriage of cargo.

iv. “AIR WAYBILL” means the document entitled “Air Waybill” made out by or on behalf of Beyond Borders Logistics which evidences the contract between the company or their agents and the carrier for carriage of cargo.

v. “CARGO” (which is equivalent to the term “goods” or “shipment”) means anything carried or to be carried in an aircraft except mail or baggage carried under a passenger ticket and baggage check, but including baggage moving under an air waybill or shipment record.

vi. “CARRIAGE” (which is equivalent to the term “transportation”) means carriage of cargo by air or by sea or another means of transport, whether gratuitously or for reward.

vii. “CARRIER” includes the air carrier issuing the air waybill or preserving the shipment record and all carriers that carry or undertake to carry the cargo or to perform any other services related to such air carriage.

viii. “CONSIGNEE” means the person whose name appears on the air waybill or shipment record as the party to whom the shipment is to be delivered.

ix. “DAYS” means full calendar days, including Sundays and legal holidays; provided that for purposes of notification the balance of the day upon which the notice is dispatched shall not be counted.

x.“PERSON” means natural person(s) or anybody or bodies corporate

xi. “OWNER” the Owner of the Goods whose name the goods are addressed to

xii. “SHIPPING AGENT” the person or company that receives goods in country of origin, prepares and books shipping space for air or sea cargo and ensures that goods are loaded for shipping to country of destination. 

xiii. “WARSAW CONVENTION” is an international convention which regulates liability for international carriage of persons, luggage, or goods performed by aircraft for reward.

 

INTEREST OF THE CUSTOMER AND DUE CARE

  1. The Company shall act in the interest of his customer and fulfil his duties with due care.

  2. The Company shall be entitled to procure any or all of the services as an agent, or, to provide those services as a customer. 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.

  3. When the Company contracts as a customer 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.

  4. 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. 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.

AREA OF APPLICATION

  1. The Beyond Borders Logistics Standard Terms and Conditions apply to all contracts for the transportation of goods, irrespective of whether they concern freight forwarding, carriage, clearing, warehousing or other services common to the forwarding trade; these also include logistical services commonly provided by freight forwarders in connection with the carriage or storage of goods. In the case of forwarding services, the Company is only responsible for arranging the necessary contracts required for the performance of these services, unless other legal provisions take precedence.

  2. The Beyond Borders Logistics Standard Terms and Conditions are not applicable for contracts that deal exclusively with

  • packaging,

  • the carriage of removal goods and their storage,

  • crane lifting, assembly jobs or heavy lift and high-volume transports, except for normal transshipment services of the freight forwarder.

  • the carriage and storage of goods to be towed or salvaged.

 

OWNER'S RISK

  1. 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.

  2. All Forwarding Services provided by the Company by or on behalf of or at the request of the Customer and/or the Owner, is provided at the sole risk of the Customer and/or Owner, and the Customer indemnifies the Company against any claim which might be brought against the Company, howsoever arising, whether in contract or delict or otherwise, by any Owner or any other third party.

  3. The Company shall not be liable to any Customer or Owner for any loss or damage of whatsoever nature and, howsoever caused, whether by breach of contract, negligence, gross negligence or the intentional acts of the Company, its servants, agents or sub-contractors.

  4. Notwithstanding any representations made by the Company regarding any times or delivery dates for performance by the Company, these times and delivery dates are estimates only, and it is agreed that insofar as the Company is concerned time shall not be of the essence and any delay in the Company performing any of its obligations will not entitle the Customer to cancel any contract or claim damages.

  5. If the Company is prevented or restricted, whether directly or indirectly, from carrying out all or any of its obligations by force majeure or by any other reason beyond its control, the Company shall be relieved of performing its obligations for the period that such event continues and no liability whatsoever shall attach to the Company for any inability to perform. Force majeure includes, but is not limited to, any strike, lock-out, port closure, industrial dispute, fire, explosion, earthquake, storms, hail, flood, landslide, riot, unrest, act of God, legislation, derailment, regulation or ordinance, act or omission of any port or other authority.

 

PACKAGING, PROVISION OF LOADING, PACKAGING AIDS AND CHECKING

   1. Unless specifically stated, the shipping instruction does not cover the packaging of the goods,

  • checking & measures to preserve or enhance the goods and its packaging

  • the provision or exchange of pallets or other loading or packaging aids. These services are charged for separately.

 

CUSTOMS CLEARANCE

  1. The instruction for shipment to a destination in another country includes instructions for customs clearance.

  2. The freight forwarder is entitled to an extra fee for the customs clearance, over and above the actual costs incurred.

  3. The instruction to forward goods or to deliver them, authorises the Company to affect the customs clearance and to advance customs and excise duties and fees.

 

PACKAGING AND MARKING OBLIGATION OF THE CUSTOMER

  1. The packages have to be clearly and durably marked by the customer to facilitate their proper handling, e.g. addresses, marks, numbers, symbols for handling and properties; old marks must be removed or made illegible.

  2. In addition, the customer is under obligation:

  • to mark all packages belonging to the same consignment in such a way that they are easily recognised as forming one consignment,

  • to prepare packages in such a way that they may not be accessed without leaving visible trace (adhesive tape, bands, etc. are only permissible when they are individually designed or otherwise difficult to imitate; foil wrapping must be thermally sealed);

  • in case of a consignment being part of a forwarder’s consolidation, to group the individual packages or units of this consignment into larger units if their weight is less than 5kg;

  • to combine a consignment of hanging garments consisting of several individual units into wrapped units for easier handling;

  • to mark packing units with a gross weight of at least 1,000 kilograms with the weight specification as prescribed for heavy loads to be transported by ship.

 

ACCEPTABILITY OF GOODS FOR CARRIAGE

  1. Customer agrees that its Shipment is acceptable for transportation and is deemed unacceptable if: it is classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organisation), any applicable government department or other relevant organisation; no Customs declaration is made when required by applicable Customs regulations; or the Company decides it cannot transport an item safely or legally. Such items include but are not limited to: animals, bullion, currency, bearer form negotiable instruments, precious metals and stones, firearms, parts thereof and ammunition, human remains, pornography and illegal narcotics/drugs). Without prejudice to any rights , 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. 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.

 

EXAMINATION OF GOODS

  1. Where it is necessary for an examination to be held or other action to be taken by the freight forwarder in respect of any discrepancy in the Goods, no responsibility or liability shall attach to the Company for any failure to hold such examination or to take any other action.

  2. The freight forwarder and Company will not be responsible for examining or counting any Goods received by it where such Goods are bundled, palletised or packed in any manner such that their number cannot be quickly and easily counted. Should the freight forwarder undertake to examine or count Goods so received, it shall incur no liability in respect of any error or inaccuracy in such counting, whether such error or inaccuracy is the result of negligence on the part of the Company or otherwise. The freight forwarder shall be entitled to levy a charge on the Customer for the counting of Goods in such circumstances.

 

SHIPMENT CHARGES AND BILLING

  1. Shipping charges shall be remitted directly to the shipping agent in the country of origin as such all matters relating to shipping shall be directed to the shipping agent in country of origin.

  2. Shipping charges are calculated according to the higher of actual or volumetric weight and any Shipment may be re-weighed and re-measured by to confirm this calculation.

  3. The shipping agent will also charge rounded off kg to set off the weight added by packaging.

  4. The Customer shall pay or reimburse all  shipping charges, storage charges, duties and taxes owed for services provided by Carriers or incurred by shipping agent on Customer’s or Consignee’s or any third party’s behalf and all claims, damages, fines and expenses incurred if the Shipment is deemed unacceptable for transport as described in Section 7.

  5. Should the customer fail to pay for goods in full before they arrive at destination, goods will be put on hold for a period of 7 days after which goods shall be sold to recover costs without notice. During the 7-day period goods shall incur a storage charge of US$20 in the first week and thereafter US$10 per day until goods are collected.

 

INSURANCE

  1. Unless otherwise agreed in writing, the Company shall not be under any obligation to effect a separate insurance on the Goods, but the Customer may insure his goods if he wishes to do so. 

 

DELIVERY OF SHIPMENT

  1. The goods may be collected from the Company’s premises or delivery will be made only to the consignee named therein, or his agent, or, as per the Customer’s instructions. Delivery cannot be made to P. O. boxes or postal codes.

  2. 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.

  3. The Company’s liability, if any, in relation to such storage, shall be governed by these conditions.

  4. 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

 

LIEN AND RETENTION

  1. The Company has a lien on all goods in its possession or other valuables in connection with any claim, whether due or not for any services for his customer in accordance with section 2.

  2. This lien does not exceed the general legal lien which applies. The Company may exercise his lien for claims arising out of other contracts with the Customer only if they are undisputed or if the financial situation of the debtor puts the claims of the Company at risk without time limit.

  3. If the Customer is in arrears, the Company is entitled, after due notice, to sell such a portion of the Customer's goods in his possession as is necessary, after appropriate consideration, to meet his claims. The Company is entitled to the usual sales commission on the net proceeds of the sale when exercising his lien.

 

 

BEYOND BORDERS LOGISTICS LIABILITY

  1. The Customer contracts Beyond Borders Logistics on the basis that the company is strictly limited to direct loss only. All other types of loss or damage are excluded (including but not limited to lost profits, income, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to the Company’s attention before or after acceptance of the Shipment since special risks can be insured by the Customer.

  2. If a shipment combines carriage by air, sea, road or other mode of transport, it shall be presumed that any loss or damage occurred during the air period of such carriage unless proven otherwise. Beyond Borders Logistics’ liability in respect of any one Shipment transported, without prejudice to Sections11-14, is limited to its actual cash value and shall not exceed the greater of $150 or

    1. $2.90/kilogram for Shipments transported by air or other non-road mode of transportation (whichever is less)

    2. Claims are limited to one claim per Shipment settlement of which will be full and final settlement for all loss or damage in connection therewith. If Customer regards these limits as insufficient it must make its own insurance arrangements, failing which the Customer assumes all risks of loss or damage

    3. Where other parties/operators (such as shipping lines, airlines or truck operators) are entrusted to complete all or part of the transportation movement and where a combined transport waybill or bill of lading is used, the Customer agrees in turn to accept the operators’ Standard Trading Conditions, which override those set by Beyond Borders Logistics.

    4. All claims must be submitted in writing to Beyond Borders Logistics within thirty (30) days from the date that shipping agent accepted the Shipment, failing which, Beyond Borders Logistics shall have no liability whatsoever.

 

CIRCUMSTANCES BEYOND BEYOND BORDERS LOGISTICS’S CONTROL

  1. Beyond Borders Logistics is not liable for any loss or damage or loss of income arising out of circumstances beyond its control. These include but are not limited to:-“Act of God” –e.g. earthquake, cyclone, storm, flood, fog; “Force Majeure” –e.g., plane crash or embargo; any defect or characteristic related to the nature of the Shipment, even if known by Beyond Borders Logistics; riot or civil commotion; any act or omission by a person not employed or contracted by Beyond Borders Logistics e.g. Customer, Consignee, third party, Customs and Exercise or other government official; industrial action; and electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings.

 

 

THE WARSAW CONVENTION

  1. If the Shipment is transported by air and involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention, if applicable, governs and in most cases limits Beyond Borders Logistics’ liability for loss or damage loss of income.

 

CUSTOMER’S WARRANTY AND INDEMNITY

  1. Customer shall indemnify and hold Beyond Borders Logistics harmless for any loss or damage arising out of Customer’s failure to comply with any applicable laws or regulations and for Customer’s failure to comply any applicable laws or regulations and for Customer’s breach of the following warranties and representation:-All information provided by Customer or its representatives is complete and accurate; the Shipment was prepared in secure premises by Customer’s employees; Customer employed reliable staff to prepare the Shipment; Customer protected the Shipment against unauthorised interference during preparation, storage and transportation to shipping agent; the Shipment is properly marked and addressed and packed to ensure safe transportation with ordinary care in handling; all applicable Customs, import, export and other laws and regulations have been complied with and the terms and Conditions constitute binding and enforceable obligations of Customer.

 

 

GOVERNING LAW

  1. Any dispute arising under or in any way connected with these Terms and conditions shall be subject, for the benefit of Beyond Borders Logistics, to the non-exclusive jurisdiction of the courts of, and governed by law of, the country of origin of the Shipment and the Customer irrevocably submits to such jurisdiction, unless contrary to the applicable law.