BTTSI, Inc. shall also be authorized to co-mingle goods stored at its warehouse, provided that such shall apply only to goods of the same kind and grade.
(II) When acting as an Agent, BTTSI, Inc. does not make or purport to make any contract with the Customer for the carriage, storage, packing or handling of any goods nor for any other physical service in relation to them and acts solely on behalf of the Customer in securing services by establishing contracts with third parties so that direct contractual relationships are established between the Customer and such third parties.
As such, BTTSI, Inc. shall be entitled, and the Customer hereby expressly authorizes it, to enter into all and any contracts on behalf of the Customer as may be necessary or desirable to fulfill 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.
(III) To the extent that BTTSI, Inc. by its own servants performs all or any of the carriage, storage, packing or handling of the goods, or any other services required by the Customer, BTTSI, Inc. shall be deemed to provide such services, or the part so performed, as principal contractor or as an agent of the principal contractor.
(IV) Where BTTSI, Inc. has held itself out to be the operator of a regular line or service over the route or part of the route, on which the goods are to be carried, and has accepted instructions for the carriage of the goods by that line or service, BTTSI, Inc. shall (except where BTTSI, Inc. procures a bill of lading or other document evidencing a contract carriage between the carrier and the Customer or Owner) be deemed to provide such carriage or such part thereof, as principal contractor without prejudice to the question of whether any of the other services are arranged by BTTSI, Inc. as agent or provided as principal contractor.
(V) Except to the extent set out in sub-clause (IV) BTTSI, Inc. shall be acting as agent of the Customer in any case where it enters into a contract with any other person for the carriage, storage, packing or handling of the goods or for any other services in relation thereto and such contract is capable of being enforced by the Customer or Owner as principal, whether or not the Customer or Owner is named or disclosed as principal by BTTSI, Inc.
(VI) The charging or agreement to charge a fixed price for any services shall not of itself determine whether BTTSI, Inc. arranges such services as agent or provides the same as principal contractor.
BTTSI, Inc. shall be free from any and all liability, both to the owner and third persons, due to the inaccuracy or mistake in the description of the goods, which it shall forward, or ship.
(II) Whilst agents on site may be instructed to re-pack consignments after an exhibition for return or onward transmission, facilities and expert packers are not normally available. Whilst reasonable care will be exercised no responsibility can be accepted by BTTSI, Inc., or the site agents for claims arising from inadequacies in re-packing.
Insofar as BTTSI, Inc. agrees to effect insurance mentioned in the immediately preceding paragraph, it acts solely as agent for the Customer and notwithstanding that the premium on the policy may not be the same as that charged by BTTSI, Inc. to the Customer, BTTSI, Inc. shall in no circumstances incur liability as insurer, and if for any reason the insurers dispute liability the Customer shall have recourse against the insurers only; however, this provision shall not detract from the rights of the Customer against BTTSI, Inc. in respect of any negligence on the part of BTTSI, Inc. in effecting insurance.
(I) On 21 days notice in writing to the Customer or where despite reasonable efforts the Customer cannot be traced, after the goods have been held by BTTSI, Inc. for 90 days, all goods which in the opinion of BTTSI, Inc. 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 reason, and
(II) When the goods are perishable or susceptible to deterioration, BTTSI, Inc.’s right to sell or dispose of or deal with the goods shall arise immediately [i] upon any sum becoming due to BTTSI, Inc.; [ii] the goods are not taken up immediately on arrival or which are insufficiently or incorrectly addressed or marked which in the opinion of BTTSI, Inc. would be likely to perish in the course of the carriage, storage or handling. The right of BTTSI, Inc. to exercise the rights under this paragraph is subject only to taking reasonable steps to bring to the Customer’s attention its intention to sell or dispose of the goods before doing so.
The proceeds of the sale of goods shall be used to defray expenses and other costs incurred, both by reason of the sale conducted and the keeping of the goods beyond the period agreed upon.
(II) BTTSI, Inc. shall be entitled to local rates of interest on all amounts overdue. The interest rate will be calculated locally in each country pursuant to prevailing local bank rates.
(III) When outstanding monies due and owing to BTTSI, Inc. have to be recovered from the customers then all costs and expenses legal or otherwise connected with such recovery and/or the enforcement and execution of all rights of BTTSI, Inc. under these conditions and judgment obtained shall be borne by the customer on an indemnity basis and the customer hereby agrees to indemnify BTTSI, Inc. for such costs and expenses, legal or otherwise, with interest until the same is fully paid.
(II) BTTSI, Inc. shall have the right to enforce any of the liabilities of the Customer under these conditions. BTTSI, Inc. shall likewise, at its discretion, be subrogated to all the rights of the Customer with regard to the collection of sums owed to it by the sender, consignee or owner of the goods in the event that the customer is unable to pay or settle its liabilities under this agreement.
(III) Where goods are consigned:
(II) In no circumstances whatsoever shall BTTSI, Inc.be liable to the Customer or Owner for consequential loss or loss of market however caused.
(III) Except under special arrangements previously made in writing by an authorized representative of BTTSI, Inc., it will not be liable with regard to any failure to adhere to agreed departure or arrival dates of the goods.
Without prejudice to any other conditions herein or other defenses, which may be open to BTTSI, Inc.in no circumstances whatsoever shall BTTSI, Inc. be liable to the Customer or Owner for delay or deviation however caused in a sum in excess of twice its own charges in respect of the relevant transaction.
(I) the value of the relevant goods, or
(II) a sum at the rate of USD 3.00 per kilo of gross weight of the cargo, or
(III) USD 500.00 per shipping unit of the cargo
whichever is lower.
(II)(a) in the case of loss or damage to Goods, the date of delivery of the Goods,
(b) in the case of delay or non-delivery of the Goods, the date that the Goods should have been delivered,
(c) in any other case, the event giving rises to the claim.
(I) any officer or servant of BTTSI, Inc.
(II) any of its parent subsidiary or associated companies, except to enforce any contract to which the Customer and such company are parties by virtue of Clause 21 or 22 hereof which seeks to impose upon him or them any liability in connection with the business undertaken by BTTSI, Inc. or with the goods. For the purposes of this clause BTTSI, Inc. contracts as agents for all the aforementioned.
20. Conditions 21 to 25 below apply where and to the extent that BTTSI, Inc. in accordance with Condition 2 acts as agent on behalf of the Customer.
21. BTTSI, Inc. should be entitled to enter into contracts
(I) for the carriage of goods by any route or by any means
(II) 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 reasonable discretion of BTTSI, Inc. and to depart from the Customer’s instructions in any respect if in the opinion of BTTSI, Inc. it is necessary or desirable to do so in the Customer’s interests. The Customer expressly authorizes BTTSI, Inc. to do such acts and enters into such contracts on behalf of the Customer so as to bind the Customer by such acts and contracts in all respects, notwithstanding any departures from the Customers instructions as aforesaid.
22. BTTSI, Inc. shall be entitled to delegate the performance of any of its obligations as agents to any of its parent, subsidiary or associated companies, or to any other person, firm or company. The contract between the Customer and BTTSI, Inc. is made by BTTSI, Inc. on its own behalf, and also as agent for and on behalf of 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 such company a liability greater than or additional to that accepted by BTTSI, Inc. under these Conditions.
23. (I) BTTSI, Inc. shall not be obliged to make any declaration for the purpose of any statute or convention or contract as to the nature or value of any goods or as any special interest in delivery, unless expressly instructed by the Customer in writing.
(II) Where there is a choice of rates according to the extent or degree of the liability assumed by carriers, warehousemen or others, goods maybe forwarded, dealt with etceteras, at Customer’s risk or other minimum charges and no declaration of value (where optional) will be made, unless express instruction in writing to the contrary have previously been given by the Customer.
24. BTTSI, Inc. shall be entitled to retain and to be paid all brokerages commission’s allowances and other remunerations customarily retained by or paid to Forwarding Agents.
25.BTTSI, Inc. shall not be liable to the Customer or Owner for loss or damage arising from any non-compliance or miscompliance with the Customer’s or Owner’s instructions or for any failure to perform whether wholly or in part the obligations (whether such obligations arise in contracts or otherwise) unless the same is due to the negligence of BTTSI, Inc. or its own servants.
26. Conditions 27 to 29 below apply where and to the extent that BTTSI, Inc. in accordance with condition 2 acts as principal contractor.
27. BTTSI, Inc. is not a common carrier, and transacts business only on the basis of these Conditions.
28. BTTSI, Inc. shall not be liable to the Customer or Owner for loss of or damage to the goods nor for any such loss or damage as is referred to in Condition 25 unless the same is due to the negligence of BTTSI, Inc. or any subcontractors employed by BTTSI, Inc. or its or their own servants.
29. Where BTTSI, Inc. or any subcontractor employed by BTTSI, Inc. is the “carrier” under contract subject to legislation compulsorily applicable thereto BTTSI, Inc. shall be entitled to all the rights, immunities, exceptions and limitations conferred on the carrier by such legislation, and if any of these Conditions are repugnant to any such legislation the same shall be void to the extent of such repugnancy but no further.
30. These conditions, and any act of contract to which they apply, shall be governed by the Law of the Country of Incorporation of BTTSI, Inc. entering into such a contract. Any dispute arising out of any such act or contract shall be within the local jurisdiction of the Courts of the country of incorporation of BTTSI, Inc., to the exclusion of all other courts.
The inherent characteristics of certain commodities make it impossible for them to be carried by air without endangering the safety of aircraft, passengers or crew. However, some goods of dangerous nature can be accepted for carriage provided the quantity is restricted to within given limits and packing conforms to specifications laid down in the current edition of the IATA Dangerous Goods Regulations/ICAO Technical Instructions. The Airline’s agreement to accept dangerous cargo must be obtained before the consignment is delivered. A shipper’s declaration for dangerous goods, in duplicate on the form appropriate to the danger involved as required by the current IATA Dangerous Goods Regulations, must accompany every consignment of dangerous cargo, worded as follows: “I hereby declare that the contents of this consignment are fully and accurately described above by proper shipping name and are classified, packed, marked and labeled, and are in all respect in the proper condition for transport by air according to the applicable International and National Government Regulations.”