TRADING TERMS & CONDITIONS

The following terms and conditions shall, unless expressly agreed, apply to all dealings relating to the business activities of Orient Export Limited.

(A) DEFINITIONS

1. 'Services' are those performed or provided by the Shipper.
2. ‘Company’ is reference to us as the freight forwarders and agents of our principal, and sellers of goods supplied in the course of shipping.
3. 'Principal' means the vessel owner or vessel manager or carrier referenced by a bill of lading or charterer of the vessel for which the Company act and procure services.
4. 'Supplier' any business or individual contracted by the Company to provide services to the Shippers or its customers.
5. ‘Goods’ means any equipment, product or articles of any kind.
6. Reference to singular to include plural and vice versa.
7. Reference to a person shall include reference to any company, any unincorporated body or association as well as any legal or natural person.

(B) SHIPPING

1. Unless expressly stated when the Company is acting as booking agent it acts for and on behalf of its Principal and as such has the authority to enter into contracts with Shipper as agent of the Principal. The Company will have no liability for any debt or expense due to the Shipper from the Principal.
2. The Company may provide services as the agent of the principal or as the agent of the owner(s) of the goods and that they accept these terms and conditions for themselves and as agent for and on behalf of the owner.
3. When the Company acting as agent of Client is responsible for organising services in respect of goods which will be carried under a contract with the Client all such services are arranged by the Company as agents for and on behalf of the Client. Such services shall be provided in accordance with terms of the contract between the Client and the Shipper or as contained in the bill of lading.
4. When the services provided by the Company to the Shipper relate to the forwarding of goods for the Shipper whether acting as agent or as client the services will be subject to the terms and conditions contained in this document.
5. Where bill of lading is issued by the Company and in the event of conflict between its terms and those given in this document, the terms contained in this document will take precedence.
6. The Company retains the right to sub-contract all or part of any services to a third party, subject to the terms of business of the third party.

(C) PAYMENTS

1. Payments are immediately due on service of the invoice. Freight for shipping or air cargo is available about 5 days following the sailing of the vessel and must be paid before the collection of ‘bill of lading’ by the customer and against ‘airway bill’, respectively. In cases where all or some of the invoiced items are disputed the recipient must advise the Company within 7 days of receipt. The undisputed amount will remain payable within 28 days. We may charge interest on outstanding amounts at 2% above the basic rate of any of the high street banks for any period for which payment remains outstanding after the 28 days period.
2. We do not generally make payments to suppliers on behalf of our customers. However, under special arrangements this may be done on the conditions that we receive cash or cleared funds prior to any payments.
3. The Company will retain lien on all goods and associated documents in its possession against sums owed by the customer and shall have the right to sell or otherwise dispose of same at the cost of the Shipper or Client and recover due amounts from proceeds. 28 days notice will be given of the intention to sell or dispose of goods.
4. The company retains the right to off-set against any money due from a previous transaction or services provided to customers.

(D) LIABILITIES

1. The Company will at all times exercise care and act with due diligence in providing services but shall not be liable for any loss or damage arising from any delay which occurs unless directly caused by the negligence of the Company or its servants.
2. The company shall use its best endeavour to act on or provide services requested whether via online, email, telephone, fax, in person or other means. However, it does not accept responsibility or liability arising directly or indirectly from its failure to carry out the service requested via online, email, telephone, fax, in person or other means.
3. Suppliers including independent contractors arranged by the Company to undertake any service including but not limited to provision of equipment / stores/ fuel, vessel / equipment repairs, cargo lashing and sea fastenings will indemnify the Company in respect of all and any claims of whatever kind raised against the Company arising directly or indirectly from the service provided by the Supplier.
4. The Company will not be liable to any party for loss of use of other consequential loss either direct or indirect including but not limited to loss of profit or delay howsoever caused.
5. The Company will not be liable for damage or loss unless caused solely by the negligence of the Company or its servants. The Company's liability in respect of loss or damage to goods shall be limited to the lower of the value of the goods.
6. These terms will be governed by English law and in the event of dispute will be subject to arbitration in London by a sole arbitrator appointed by both parties.

GENERAL:

DISCLAIMER

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