ORION INTERNATIONAL SHIPPING LLC
ORION GLOBAL LOGISTICS
N.V.O.C.C.- International Freight Forwarders
Registered Office: P. O Box 50149,
Office 301 Sheikha Latifa Building, Al Fahidi Str., Dubai,
United Arab Emirates.
CURRENT STANDARD TRADING CONDITIONS
- In these Conditions ‘ORION’ means ORION International Shipping LLC and/or ORION Global Logistics (as the ‘Brand Name’), or any subsidiary company. “Customer” means the person for whom any business by ORION, or with whom any contract for the rendering of services by ORION is made.
“Dangerous Goods” means goods classified as dangerous by the INTERNATIONAL MARITIME Consultative Organisation and the CARRIAGE OF DANGEROUS GOODS IN SHIP (The “BLUE BOOK”) issued by the Department of Trade and Industry (Marine Division) by the INTERNATIONAL AIR TRANSPORT ASSOCIATION RESTRICTED GOODS REGULATIONS issued by I.A.T.A. and by BRITISH RAILWAYS BOARD, or goods likely in the opinion of the agents to cause damage to other goods, person or property. “Valuables” shall include bullion, bank notes, cash, currency, bonds, negotiable instruments or securities of any kind whatsoever,precious or rare metals or stones,plate,jewellery,valuable works of art or other precious or rare objects of any kind whatsoever.
- ORION are Forwarding Agent, and except in the special circumstances to which section II and III of these conditions apply, act solely as agents in performing and securing services for the Customer and entering in to contracts on the Customer’s behalf with other persons. Except in the special circumstances to which section III of these conditions applies ORION are not carrier, whether common or otherwise, and do not make or purport to make any contract for the carriage, packing or handling of goods with the Customer.
- These conditions shall apply to all business undertaken by ORION. All other terms and conditions are hereby expressly excluded. No servant or agent of ORION has any authority to add to or vary these Conditions, unless such addition or variation is reduced to writing and signed by duty authorized representative on behalf of ORION.
- ORION shall be entitled to enter into contracts
- For the carriage of the goods by any route or by any means.
(b) For the storage, packing or handling of the goods by any persons at any place or places and for any length of time; and to do such acts as may be necessary or incidental thereto at the absolute discretion of ORION and to depart from the customer’s instructions in any respect if in the opinion of ORION it is necessary or desirable to do so in the Customer’s interests.
- The Customer hereby expressly authorizes ORION to do such acts and enter in to such contracts as are referred to in Clause 4 hereof on behalf of the Customer so as to bind the Customer by such acts and contracts in all respect, notwithstanding any departures from the Customer’s instructions as aforesaid.
- The Customer warrants that he is either the owner or the authorized agent of the owner of the goods to which any business relates, and further warrants that he is authorized to accept and is accepting these Conditions not only for himself but also as agents for and on behalf of the owner of the goods and all other persons who are or may hereafter become interested in the goods. (All such persons being hereinafter called “Owner”).
- ORION shall be entitled to perform any of their obligations hereunder by themselves or by their parent, subsidiary or associated companies or by any other person,firm or company carrying out the functions of a Forwarding Agent. Any contract to which these conditions apply is made by ORION on their own behalf and also as agents for and on behalf of any such parent, subsidiary or associated company, and such company shall be entitled to the benefit of these Conditions. The Customer will not seek to impose upon any such company a liability grater than that accepted by ORION under these Conditions.
- Quotations are given to the basis of immediate acceptance and subject to the right of withdrawal or revision. If at any time there is any alteration in the rates of freight, rates of exchange, insurance premiums or other charges applicable to the goods, quotations and charges shall be subject to revision accordingly with or without notice.
- The Customer warrants that the description and particulars of any consignments furnished by or on behalf of the Customer are accurate.
- ORION shall not be obligated to make any declaration for the purpose of any statue or contract as to the nature or value of any goods or as to any special interest in delivery, unless required by law or expressly instructed by the Customer in writing.
- ORION shall not be obligated to arrange for the goods to be carried, stored or handled separately from the goods of other customers.
- ORION will not insure the goods unless expressly instructed by the Customer in writing. ORION shall not be obligated to effect a separate insurance on each consignment but may declare it on open or general policy. All insurance effected by ORION are subject to the usual exceptions and conditions of the Insurance Company or Underwriters taking the risk. Any claim on the policy and any negotiations with or proceedings against the insurer shall be the responsibility of the Customer and not of ORION. Notwithstanding that the premium upon the policy may not be at the same rate as that charged to or paid by the Customer. ORION shall not be under any responsibility or liability whatever in relation to such policy.
- ORION shall be entitled to retain and be paid all brokerages, commissions, allowances and other remunerations customarily retained by or paid to Forwarding Agents.
- ORION shall have a general lien on all goods or documents relating to goods in their possession for all sums due at any time from the Customer or Owner, and shall be entitled to sell or dispose of such goods or documents at the expense of the Customer and apply the proceeds in or towards the payments of such on 28 days notice in writing to the Customer.
- ORION shall be entitled at the expense of the customer to sell or dispose of
- on 28 days notice of writing to the Customer or where the Customer cannot be traced after the goods have been held by ORION for 90 days, all goods which in the opinion of ORION cannot be delivered either because they are insufficiently or incorrectly addressed or because they are not collected or accepted by the consignee or for any other reason,and
- without notice perishable goods which are not taken up immediately on arrival or which are insufficiently or incorrectly addressed or marked or which in the opinion of ORION would be likely to perish in the course of the carriage, storage or handling.
- Except under special arrangement previously made in writing ORION will not accept business relating to valuables, livestock or plants. Should any Customer nevertheless deliver any such goods to ORION or cause ORION to handle or deal with any such goods other than special arrangements previously made in writing. ORION shall not be liable for any loss or damage to or in connection with the goods, howsoever caused.
- Except under special arrangement previously made in writing ORION will not accept business relating to dangerous goods. Should any Customer nevertheless deliver any such goods to ORION or cause ORION to handle or deal with any such goods otherwise than under special arrangements previously made in writing. The customer shall be liable for all loss or damage caused by or connected with the goods howsoever arising and shall indemnity ORION against all penalties, claims, demands, costs and expenses arising in connection therewith and the goods may be destroyed or otherwise dealt with at the sole discretion of ORION or any other person in whose custody they may be at the relevant time. If such goods are accepted under special arrangements previously made in writing they may nevertheless be destroyed or dealt with in the opinion of ORION they become a danger to other goods, persons or property.
- Where goods are consigned (a) on terms that they shall be paid for on delivery, and if for any reason payment is not made in ORION may, at their absolute discretion, reimburse the Customer with the amount of payment not so made, whereupon the Customer shall, on request, assign to ORION by an instrument in writing the whole of the Customer’s title to or interest in the goods and the right to receive payment therefore, and shall co-operate fully with ORION in enforcing all rights so assigned, or (b) on terms that the goods shall only be delivered to the consignee on production of a house bill lading, delivery order or similar document, and owing to the failure to demand such a document the goods are delivered to the consignee before he has paid for them in full. ORION may, at their absolute discretion, reimburse the Customer with amount of payment not so the customer’s shall, on request, assign to ORION by an instrument in writing the whole of the customer’s title to or interest in the goods and the right to receive payment therefore, and shall co-operate fully with ORION in enforcing all rights so assigned.
- Notwithstanding that it may be agreed between ORION and the Customer that ORION charges in respect of any transaction shall be payable by the consignee or any other person. If such consignee or other person shall fail to pay the same or any part thereof within a reasonable time of due demand to pay the same or any part thereof with in a reasonable time of due demand being made on them the Customer shall be able to ORION therefore without prejudice to ORION rights against such consignee or other person. All sums due to ORION from the customer or consignee or such other person shall carry interest at 4 per cent per annum above the base rate of Barclays Bank PLC from the date when such sums become due until the date of payment.
- ORION shall only be liable to the Customer or owner for loss, damage, delay, non-delivery or mis-delivery of or to the goods including any consequential loss of market (a) if it is proved that the loss,damage,delay non-delivery or mis-delivery occurred whilst the goods were in the actual custody and under the control of ORION and was caused by any negligence or breach of duty on the part of ORION, or (b) in the case of any failure to perform or default or delay in performance of the Customer’s instructions if it is proved that the same occurred otherwise than in accordance with the provisions of Clause 4 of these Conditions and was caused by any negligence on the part of ORION.
Provided that ORION shall only be liable to the Customer or Owner for consequential loss or delay or loss of market if a special interest in delivery has been declared in writing by the Customer prior to making the contract. Save as aforesaid, ORION shall not be under any liability whatsoever to the Customer or Owner.
- Without prejudice to Clause 20 hereof in no case shall the liability of ORION, howsoever arising, and notwithstanding that the cause of loss or damage may be unexplained, exceed (a) the value of the goods in relation to which the claim is made, or (b) a sum at a rate 2 SDR’s as defined by the international Monetary Fund per kilo of gross weight of the goods provided that ORION’s liability under (b) shall not be less than £10 or more than £15,000 in respect of any one consignment.
- Without prejudice to clause 20 hereof (a) any claim by the Customer or Owner against ORION shall be made in writing and notified to ORION (I) in the case of damage to,or partial loss of, the goods within 14 days of the delivery thereof (ii) in the case of non-delivery within 14 days of the date goods should have been delivered, and (iii) in any other case within 14 days of the event giving rise to the claim.
Any claim not made and notified as aforesaid shall be deemed to be waived and absolutely barred. No claim of any kind shall be made against any servant or agent of ORION on any ground whatsoever. No claim of any kind shall be made against any parent, subsidiary of associated company of ORION, or against any Forwarding agent employed by ORION in pursuance of clause 7 hereof,or against any of their respective servants or agents on any ground whatsoever.
(b) The period of limitation for an action relating to any claim by a Customer or Owner against ORION shall be nine months commencing.
(i) In the case of damage to,or partial loss of, the goods from the date of delivery thereof.
(ii) In the case of non-delivery from the date that the goods should have been delivered, and
(iii) In any other case from the date of the event giving rise to the claim.
Provided that such date shall not be included in the period of limitation.
- Expect where the provisions,exemptions and limitations contained in Clause 20 and 21 of these Conditions apply,the Customer will indemnify ORION against
- all duties, taxes, payments, fines, expenses, losses, damages (including physical damage) and liabilities suffered or incurred by ORION, their servants or agents in the performance of their obligations hereunder and (b) any liability to indemnify any other person against claims made against such other person by the Customer or by the Owner.
- Where in any circumstances ORION acts as principals in entering into a contract with any other person for the carriage, storage,packing or handling of the goods, ORION are not themselves carries for the purpose of The Carriage of Goods by Sea Act,1971. The Carriage by Air Act 1961, Goods by Road Act,1965, (or any Act or Acts altering ,amending or superseding the same or any of them) or for any other purpose,not do they make or purport to make contract for the carriage,storage,packing or handling of goods by other persons. For the purposes of this section ORION are not common carriers.
25.The liberties contained Clause 4 hereof and the provision, exceptions and limitations in Clause 3 and 6 to hereof shall apply to this Section of these conditions.
- Without prejudice to the exceptions and limitations contained herein ORION shall be entitled to the benefit of all exceptions and limitations in favour of the carrier or other person strong or handling the goods (such other person together with the carrier being hereinafter called “the Carrier”) contained in ORION contract with the Carrier,and where such exceptions and limitations are inconsistent with those contained herein ORION shall be entitled to the benefit of those most favorable to them. The Customer will not seek to impose on the Carrier any liability grater than that accepted by the carrier under such Contract.
- Notwithstanding the provisions of Sections I and II of these Conditions ORION shall be entitled to perform all or part of the carriage, storage, packing or handling of the goods by themselves or by their subsidiary or associated companies. This section of these conditions shall apply to any such case and also to any case where, notwithstanding Clause 24 of section II. ORION are deemed to be the carrier or otherwise to be in possession of the goods. The Section of these condition shall apply only so long as and the the extent that ORION are or are deemed to be the carrier or in possession of the goods as aforesaid, and no further. For the purpose of this Section ORION are not common carriers.
- ORION shall be entitled
- to carry the goods by any routes or any means
- to store,pack or handle the goods at any place or places and for any length of time and
- to issue such documents of title to or of carriage of the goods as ORION in its absolute discretion nay decide,such documents to be made subject to such terms and conditions as ORION may determine, which terms and conditions shall override the provisions hereof insofar as they conflict with those provisions, and to do all such other , acts as may be necessary or incidental thereto at the absolute discretion of ORION and to depart from the Customer’s instructions if in the opinion of ORION it is necessary or desirable to do so in the Customer’s interests.
- Where ORION are or are deemed to be the carriers under a contract subject to legislation compulsorily applicable thereto shall be entitled to all the rights, immunities, exceptions and limitations conferred on the carrier by virtue of such legislation, and these Conditions shall be void to the extent that they are inconsistent with such rights, immunities, exceptions and limitations,but no further.
- ORION shall not be liable to the Customer or Owner for loss or damage, howsoever arising, unless such loss or damage is proved to be due to the neglect or default of ORION or their own servants.
- Without prejudice to Clause 29 and 30 hereof,the liberties contained in Clause 4 and the provisions,exceptions and limitation contained in Clause 3 and 6 to 23 hereof shall apply to this Section of these Conditions provided that Clause 20 (a) shall not apply to this Section of these Conditions.
- Where in these conditions any matter is to be determined in accordance with the opinion of ORION the certificate of Director or Secretary of ORION for the time being shall be conclusive evidence as any matter so certified.
- These conditions and any act or contract shall be subject to the exclusive jurisdiction of the English Courts.