I. GENERAL PRINCIPLES
1.1 These Standard Trading Conditions (herebelowreferred to as TSTC) shall be applied to all services provided, handled, peerformed or rendered by Delta International Co., Ltd (keonhacai live Company) acting as Freight Forwarder even in case when keonhacai live Company procures a Bill of Lading or other similar document evidencing a contract of caariage between a person other than keonhacai live Company and keonhacai live customer or owner.
1.2 In case when keonhacai live Company acting as carrier, keonhacai live provisions of a document issued by or on behalf of keonhacai live com pany bearing a title of or including “Bill of lading”, whether negotiable or not, shall be paramount and in keonhacai live event of a conflict of conditions, keonhacai live provisions of such a document shall prevail over those of TSTC to keonhacai live extend of such conflict.
1.3 As to keonhacai live services in respect of or relating to customs clearance, taxes, licences, consular documents, certificates of origin, inspection, certificates and other similar services or incidental to, keonhacai live Company is to be always considered to act as agent only and never to be considered to act as Principals.
DEFINITIONS
In these Standard Trading Conditions:
2.1 “keonhacai live Company” means Delta International Co., Ltd, business address registered at P.505-G3, Trung Tu, Dong Da, Hanoi, Vietnam, keonhacai live service provider.
2.2 “Conditions” means keonhacai live entire undertakings, terms, conditions and clauses embodied in TSTC.
2.3 “Customer’s means any person, or any body, or any company, corporation and enterprise, or any organization.
2.4 “Owner” means keonhacai live owner of keonhacai live goods including shippers and consignees and another person who is or may become interested in keonhacai live goods and anyone acting on their behalf .
2.5 “Goods” includes keonhacai live cargo and any container not supplied or on behalf of keonhacai live company, or any part there of in respect of which keonhacai live company provides a service.
2.6 “Dangerous goods” means goods listed in : International Maritime Dangerous Goods Code” issued, published by IMO (International Maritime Organization).
2.7 “Instruction” means a statement of keonhacai live customer’s specific requirements.
III. keonhacai live COMPANY’S GENERAL RESPONSIBILITIES
3.1 keonhacai live Company shall perform its duties with a resonable degree of care, diligence, skill and judgement.
3.2 keonhacai live Company shall carry out its services within a resonable ime expect inder special arrangement previously made in writing as an instruction to keonhacai live company.
3.3 Subject to TSTC and in particular to keonhacai live discretion reserved to keonhacai live Company below, keonhacai live Company shall take all reasonable steps to perform any of keonhacai live customer’s instructiona acceptable by keonhacai live company.
3.4 If at any stage in any transaction keonhacai live Company should reasonably consider that there is good reason in keonhacai live customer’s interests to depart from any of keonhacai live customer’s instructions, keonhacai live Company shall be permitted to do so and shall not incur any additional liability in consequence of so doing.
3.5 When using it discretion as permitted in TSTC keonhacai live Company shall do so with due regard to keonhacai live interested of keonhacai live customer.
3.6 If after keonhacai live contract has been agreed events or circumstances come to keonhacai live attention of keonhacai live Company which in keonhacai live opinion of keonhacai live company make it wholly of in part impossible for keonhacai live Company to fulfill its duties it shall take reasonable steps to inform keonhacai live customer of those events or circumstances and seek further instructions.
IV. CUSTOMER’S OBLIGATION
4.1 keonhacai live customer warrants that he is either keonhacai live owner or keonhacai live authorized agent of keonhacai live owner of keonhacai live goods and that he is authorized to accept and is accepting TSTC not only for himself but also as agent for and on behalf of keonhacai live owner of keonhacai live goods.
4.2 keonhacai live customer warrants that he has reasonable knowlegde of matters affecting keonhacai live conduct of his business, including but not limited to keonhacai live terms of sale and purchase of keonhacai live goods and all other matters relating thereto.
4.3 keonhacai live customer shall give sufficient and executable instructions.
4.4 keonhacai live customer warrants that keonhacai live description and particular of keonhacai live goods are complete, accurate and correct.
4.5 keonhacai live customer warrants that keonhacai live goods are properly packed and labeled except where keonhacai live company has accepted instructions in respect of such services.
4.6 keonhacai live customer shall not, unless otherwise previously and expressly agreed in writing, deliver to keonhacai live company of cause keonhacai live company to deal with or handle dangerous goods.
4.7 keonhacai live customer shall indemnify keonhacai live company against all liability loss damage cost and expenses whatsoever arising out of keonhacai live company acting in accordance with keonhacai live customer’s instruction or arising from any breach of keonhacai live customer of any warranty contained in TSTC or from negligence of keonhacai live customer.
4.8 keonhacai live customer shalll pay to keonhacai live company in cash or as agreed all sum immediately when due without deduction or deferment on account of any claim, counterclaim or set-off.
V. PERFORMANCE OF CONTRACT
A. keonhacai live Company as agent:
5.1 To keonhacai live extent that keonhacai live Company acts as agent, keonhacai live Company does not make or purpose to make any contract with keonhacai live customer for keonhacai live carriage, storage or handling of keonhacai live goods nor for any other physical service in relation to them and acts solely on behalf of keonhacai live customer in securing such services by establishing contracts with keonhacai live third parties so that direct contractual relationship are established between keonhacai live customer and such third parties.
5.2 keonhacai live Company shall not be liable for keonhacai live acts and omissions of such third parties referred to in clause 5.1 above nor responsible for any accident or any neglect or default howsoever arising whether willful or otherwise on keonhacai live part of its agents or those with whom it contracts in respect of keonhacai live goods to be forwarded, whether they are carried by land, sea or air or warehouse keepers or orther persons.
5.4 keonhacai live Company only forwards goods subject to keonhacai live contracts, terms, conditions, and regulations of keonhacai live various persons, companies or authorities in whole possession keonhacai live goods may pass.
5.5 keonhacai live Company shall defend, indemnify and hold harmless keonhacai live company in respect of all liablity, loss damage, cost or expenses arising out of any contracts made in procurement of keonhacai live customer’s requirements in accordance with clauses 5.4, 5.5.
B. keonhacai live Company as Principal:
5.6 To keonhacai live extent that keonhacai live Company acts as Pricipal for keonhacai live performance of keonhacai live customer’s instructions, keonhacai live Company undertakes to perform or in its own name to procure keonhacai live performance of keonhacai live customer’s instructions and subject to keonhacai live provisions of TSTC shall be liable for keonhacai live loss of or damage to keonhacai live goods occurring from keonhacai live time that keonhacai live goods are taken into its charge until keonhacai live time of delivery.
5.7 Notwithstanding other provisions in TSTC, if it is proven that keonhacai live loss of or damage to keonhacai live goods occurred, keonhacai live Company’s liability shall be determined by keonhacai live provisions contained in any International Convention or national Law, keonhacai live provisions of which.
a.Cannot be depart from by private contract, to keonhacai live detriment of keonhacai live clamaint, and;
b. Would have been applied if keonhacai live claimaint had made a separate and direct contract with keonhacai live actual provider of keonhacai live particular service in respect of that service or stage of keonhacai live carriage where keonhacai live loss or damage occurred and received as evidence thereof any particular document which must be issued if such International Convention of National Law shall be applied.
5.8 Notwithstanding other provisions provided in TSTC if it can be proved that keonhacai live loss of or damage to keonhacai live goods occurred at sea or inland waterway, keonhacai live Company’s liabilityshall be limited to those set out in keonhacai live Maritime Code of Viet Nam and keonhacai live company shall be entitled to rely on all defenses, exemtions or limitations provided to keonhacai live carriers by keonhacai live above code. Reference in keonhacai live above code to carriage by sea shall be deemed to include reference to carriage of inland waterways and keonhacai live code shall be construed accordingly.
C. Air carriage:
If keonhacai live Company acts as aprincipal in respect of a carriage of goods by air, keonhacai live Company’s liability shall be determined by keonhacai live provisions contained in keonhacai live Law on Civil Aviation of Viet Nam.
VI. GENERAL LIABILITY AND LIMITATION OF LIABILITY
6.1 Except insofar as otherwise provided by TSTC, keonhacai live Company shall not be liable for any loss or damage whatsoever arising from:
a. keonhacai live act or omission of keonhacai live customer or owner or any person acting on their behalf.
b. Compliance with keonhacai live instructions given to keonhacai live company by keonhacai live customer, owner or any other person entitled to give them.
c. Insufficiency of keonhacai live packing or labeling of keonhacai live goods except where such service has been provided by keonhacai live company.
d. Handling, loading, stowageg or unloading of keonhacai live goods by keonhacai live customer or owner person acting on their behalf.
e. Inherit vice of goods.
f. Riots, civil commotions, strikes, lockouts, stoppage or restraint of labour from whatsoever cause, or
g. Any cause with keonhacai live company could not avoid and keonhacai live consequences where of if could not prevent by keonhacai live exercises of reasonable diligence.
6.2 Notwithstanding other provisions provided in TSTC, keonhacai live Company shall not be liable for loss and damage howsoever caused to keonhacai live property other than keonhacai live goods themselves, indirect or consequential loss or damage, loss of profit, delay or deviation.
6.3 Except as otherwise specified in keonhacai live TSTC has responsibility of keonhacai live Company, in any case, for any negligence or error or any other incidents or events occur whether any, and regardless of keonhacai live cause cause loss or damage unexplained, shall not exceed as specified in Article 8 of Decree 140/2007/ND-CP September 5, 2007 for companies with logistics service business or in Article 24 Decree No. 87/2009/ND-CP October 19, 2009,of keonhacai live Government of Republic Socialist of Vietnam for companies providing services for multi-modal transport.
6.4 a.Compensation shall be calculated by reference to keonhacai live invoice value of keonhacai live goods plus freight and insurance if paid.
b.If ther be no invoice value for keonhacai live goods, keonhacai live compensation shall becalculated by keonhacai live reference to keonhacai live calue of such goods at keonhacai live place and time when they are delivered to keonhacai live cus tomer or should have been so delivered. keonhacai live value of keonhacai live goods shall be fixed according to keonhacai live current market value, or, if there be no commodity exchange price or current market value, by reference to keonhacai live normal value of goods of keonhacai live same kind and quality.
6.5 By special agreement in writing and on payment of aditional charges, higher cpmpensation may be claimed from keonhacai live Company not exceeding keonhacai live value of goods or keonhacai live agreed value, whichever is lesser.
6.6 a.keonhacai live Company shall be discharged of any liability whatsoever unless:
(i) notice of any claim is received by keonhacai live company od its agent within 14 days (Sundays, holidays excluded) after keonhacai live day specified below,
(ii) suit is brought in keonhacai live proper forum and written notice thereof received by keonhacai live company within 9 months after keonhacai live date specified in (b) below,
b. (i)In keonhacai live case of damage to goods, keonhacai live date of delivery of keonhacai live goods, and in keonhacai live case of loss of keonhacai live goods, keonhacai live date of keonhacai live goods should have been delivered.
(ii)In keonhacai live case of delay or non-delivery of keonhacai live goods, keonhacai live date th at keonhacai live goods shouls have been delivered.
(iii) In any other case, keonhacai live event giving rise to keonhacai live claim.
VII. RIGHT OF LIEN AND DETENTION
7.1 keonhacai live Company shall have a generallien on all goods and documents relating to goods in its possession, custody or control for all sum due at any time from keonhacai live customer or owner, and shall be entitled to sell or dispose of such goods or documentsas agent for all and at keonhacai live expenses of keonhacai live customer and aply keonhacai live proceeds in or towards keonhacai live payment of such sum on 45 days notice in writing to keonhacai live cuatomer, upon accordign to keonhacai live customer for any balance remaining after payment of any sum due to keonhacai live Company and keonhacai live cost of sale or disposal keonhacai live Company shall be discharged of any liability in respect of keonhacai live goods or documents.
7.2 When keonhacai live goods are labeled to perish or deteriorate, keonhacai live Company’s right to selll or dispose of keonhacai live goods shall arise immediately upon any sum becoming due to keonhacai live Company subject only to keonhacai live Company taking reasonable steps to bring to keonhacai live customer’s attention its intetion of selling or disposing of keonhacai live goods before so doing.
7.3 keonhacai live Company shall be entitled to retained and repaid all brokerages commissions allowances and other remunerations customarily retained by of paid to Freight Forwarders.
VIII. CLAIM AND ARBITRATION
8.1 Claims against keonhacai live Company shall timebar within 6 months except where and when keonhacai live Company acts as sea or inland waterway carrier and in his own name issued a Bill of Lading of which keonhacai live timebar will be determined by keonhacai live provisions therein. keonhacai live six month period to keonhacai live consignee named in keonhacai live contract or, if no deliver was taken place, from keonhacai live date of conclusion of keonhacai live contract.
8.2 In case of dispute, keonhacai live disputing parties shall in first instance endeavour to settle it by amicable way, however should such effort fail to achieve us objects, keonhacai live parties thereto agree to submit keonhacai live case to aboard of arnotrotors to be appointed one by each. In case arbitrators by so chosen shall not agree then keonhacai live decision of and impire to be appointed by them shall be final binding upon both parties.
IX. JURISDICTION AND LAW
9.1 TSTC and any act or contract to which they apply shall be governed by keonhacai live Laws of keonhacai live Social Republic of Viet Nam.
(Download keonhacai live attachment)