Terms & Conditions
The following definitions apply to the terms and conditions set out below that governs this contract of carriage between you and us.
"we"," us" and "our" means subsidiaries, affiliates of Legend Shipping Agency and the respective employee, agents and independent contractors;
"You" and Your" means the sender, consignor or consignee of the shipment, holder of this consignee note, receiver and owner of the contents of the shipment or any other party having a legal interest in those contents;
"Carriage" means and includes the whole of operations and services undertaken by us in connection with the shipment;
"Shipment" means any envelop, document, package, parcel, satchel or piece of freight given to and accepted by us for carriage and transported under our consignment note, airway bill or bill of lading.
"Prohibited items" means any goods or materials the carriage of which is prohibited by any law, rule or regulation of any country in which the shipment travels.
2. Your contract
Your contract with Legend Shipping Agency or subsidiaries or affiliates, of Legend Shipping that accepts the shipment from you. You agree that we may subcontract the whole or any part of carriage on any terms and conditions we decide.
By giving us your shipment you accept our terms and conditions set out in this contract of carriage on behalf of yourself or anyone else who has an interest in the shipment, irrespective of whether you have signed the front of our consignment note or not. Our terms and conditions also cover any one who uses to collect, transport or deliver your shipment. None of our employees, agents or subcontractors are authorized to waive, alter or modify these terms and conditions. When you give the shipment with oral or written instructions that are in contrast with our terms and conditions, we shall not be bound by such instructions.
4.1 Dangerous goods
a) Except in the circumstances shown in paragraph 4.1(b) below we do not carry dangerous goods including those specified in the International Civil Aviation (ICAO) technical instructions, the International Air Transport Association dangerous goods regulations, the International Maritime Dangerous Goods (IMD) code the European Agreement concerning the international carriage of Dangerous Goods by Road (ADR) regulations or any other national or international rules applicable to the transport of dangerous goods.
b) We may at our discretion accept some dangerous goods for carriage in some countries if you have been accorded the status of an approved customer and this must be given to us in writing before your shipment can be accepted. Your dangerous goods will only be accepted if they comply with the applicable regulation (see clause 4.1) and our requirements. Detail of our requirements together with the procedure for applying for approved customer status are available from our nearest office, and dangerous goods surcharge will be invoice to you upon acceptance of your shipment.
4.2 Air Cargo Security Regulations
a) You must ensure and you hereby certify by completing our consignment note or tendering a shipment to us that your shipment does not contain a prohibited article as specified in ICAO Annex 17 or other national or international regulations that governs aviation's security. You must give us a full description of contents of the shipment on our consignment note and your liability is not over by providing this information. Shipment carried by us may be subject to security screening which could include use of X-ray equipment and you accept that the contents of your shipment may be examined in transit for security reasons.
b) You declare that you have prepared the shipment in secure premises using reliable staff employed by you and that the shipment has been safeguarded against unauthorized interference during preparation, storage and transportation immediately prior to hand over by you to us.
4.3 Prohibited Items
We do not accept prohibited items.
If we are unable to deliver a shipment because of an incorrect address we will make all reasonable efforts to find the correct address. We will notify you of the correction and deliver or attempt to deliver the shipment to the correct address although additional charges may apply if the address is different to one shown on the consignment note or the label affixed to your shipment.
Deliveries to post office box no. are accepted if the telephone no. of consignee is also provided and you agree that in the event that we are unable to deliver the shipment at the first attempt then we may post the shipment to consignee and proof of posting is sufficient proof of delivery.
6. Our liability
Subject to clause 12 below, the liability for any loss, damage or delay of your shipment or any part of it follows:
a) Carriage by air
In case of loss damage or delay, the carrier's liability will be limited to $20.00 per kg provided the negligence of the carrier is proved.
b) Carriage by sea
In case of loss damage or delay, the carrier's liability will be limited to $500 per container provided the negligence of the carrier is proved.
7.1 - We are not liable for any consequential or special damage or loss (including of income, profits, markets, reputation, use of content or loss of an opportunity) or other indirect loss arising from the loss, damage, delay miss delivery or non-delivery of your shipment, even if we had a knowledge that such damages or loss might arise.
7.2 - we are not liable if your shipment or any part of it is lost, damaged, delayed or miss delivered or not delivered at all, as result of
a) *Circumstances beyond our control such as (but not limited to
b) *Acts of God including earthquakes, cyclone, storms, flooding, fire, disease, fog or frost;
c) *Force majeure including war, accidents, and acts of public enemies, strikes, embargoes, local disputes or civil commotion
d) *National or local disruption in air or ground transportation networks and mechanical problems to mode transport or machinery;
*Latent defects or inherent vice in the contents of shipment
e) *Your acts or omission or those of third parties such as;
*Your being in breach of (or any other party claiming an interest in shipment causing you to breach) your obligation under these terms and conditions and in particular those warranties set out in clause 10 in the long form of version;
*An act or omission of any custom, airline airport or government official.
f) The contents of shipment consisting of any article that is a prohibited item even though we have act shipment by mistake
In case of loss or damage resulting in a claim you must notify the concerned Airline or Shipping Line for air cargo or sea cargo or see freight respectively. Please notify our nearest office in case of courier.
9. Rates and payment
You agree to pay our charges for the carriage of shipment between the location specified on the contract and any value added taxes for carriage. Our carriage charges are in accordance with the rates applicable to your shipment as set out in our current rate sheet/ card. The shipper or its authorized representative undertakes the responsibility of payment of all charges levied on the shipment at destination, in case the consignee fails/refuses to pay the same.