Terms and Conditions Terms and Conditions

                I. GENERAL PRINCIPLES
1.  These Standard Trading Conditions herebelow  referred to as TSTC shall be applied to all services provided, handled, peerformed or rendered by the company acting as Freight Forwarder even in case when the company procures a Bill of Lading or other similar document evidencing a contract of caariage between a person other than the company and the customer or owner.
2.  In case when the company acting as carrier, the provisions of a document  issued by or on behalf of the com pany bearing a title of or including “Bill of lading”, whether negotiable or not, shall be paramount and in the event  of a conflict of conditions, the provisions of such a document shall prevail over those of TSTC to the extend of such conflict.
3.  As to the 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, the company is to be always considered to act as agent only and never to be considered to act as Principals.

               II. DEFINITIONS
In these Standard Trading Conditions:
4. “Company” means Integrate Logistics Co.,Ltd  who undertakes to provide the services.
5. “Conditions” means the entire undertakings, terms, conditions and clauses embodied in The Standard Trading Condition (TSTC) from stipulation of VIETNAM FREIGHT FORWARDERS ASSOCIATION.
6. “Customer’s means any person, or any body, or any company, corporation and enterprise, or any organization.
7. “Owner” means the owner of the goods including shippers and consignees and another person who is or may become interested in the goods and anyone acting on their behalf .
8. “Goods” includes the cargo and any container not supplied or on behalf of the company, or any part there of in respect of which the company provides a service.
9. “Dangerous goods” means goods listed in : International Maritime Dangerous Goods Code” issued, published by IMO.
10. “Instruction” means a statement of the customer’s specific requirements.

               III. THE COMPANY’S GENERAL RESPONSIBILITIES
11. The company shall perform its duties with  a resonable degree of care, diligence, skill and judgement.
12. The company shall carry out its services within a resonable ime expect inder special arrangement previously made in writing as an instruction to the company.
13. Subject to TSTC and in particular to the discretion reserved to the com pany below the company shall take all reasonable steps to perform any of the customer’s instructional acceptable by the company.
14. If at any stage in any transaction the company should reasonably consider that there is good reason in the customer’s interests to depart from any of the customer’s instructions, the company shall be permitted to do so and shall not incur any additional liability in consequence of so doing.
15. When using it discretion as permitted in TSTC the company shall do so with due regard to the interested of the customer.
16.  If after the contract has been agreed events or circumstances come to the attention of the company which in the opinion of the company make it wholly of  in part impossible for the company to fulfill  its duties it shall  take reasonable steps to inform the customer of those events or circumstances and seek further instructions.

                IV. CUSTOMER’S OBLIGATION
17. The customer warrants  that he is either the owner or the authorized agent of the owner of the 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 the owner of the goods.
18. The customer warrants that he has reasonable knowlegde of matters affecting the conduct of his business, including but not limited to the terms of sale and purchase of the goods and all other matters relating thereto.
19. The customer shall give sufficient and executable instructions.
20. The customer warrants that the description and particular of the goods are complete, accurate and correct.
21. The customer warrants that the goods are properly packed and labeled except where the company has accepted instructions in respect of such services.
22. The customer shall not, unless otherwise previously and expressly agreed in writing, deliver to the company of cause the company to deal with or handle dangerous goods.
23. The customer shall indemnify the company against all liability loss damage cost and expenses whatsoever arising out of the company acting in accordance with the customer’s instruction or arising from any breach of the customer of any warranty contained in TSTC or from negligence of the customer.
24. The customer shalll pay to the 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. GENERAL LIABILITY AND LIMITATION OF LIABILITY
33. Except insofar as otherwise provided by TSTC, the company shall not be  liable for any loss or damage whatsoever arising from:
a. The act or omission of the customer or owner or any person acting on their behalf.
b. Compliance with the instructions given to the company by the customer, owner or any other person entitled to give them.
c. Insufficiency of the backing or labeling of the goods except where such service has been provided by the company.
d. Handling, loading, stowageg or unloading of the goods by the 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 the company could not avoid and the consequences where of  if could not prevent by the exercises of reasonable diligence.
34. Notwithstanding other provisions provided in TSTC, the company shall not be liable for loss and damage howsoever caused to the property other than the goods themselves, indirect or consequential loss or damage, loss of profit, delay or deviation.
35. Except insofar as otherwise provided by  TSTC, the liability of the company, in any event for any neglect or default or any other matter or thing whatsoever or howsoever arising, and notwithstanding that
a. In respect of all claims other than those subject to the provisions of sub clause (b) below, whenever is the least of
(i) the value of, or
(ii) US dollar…per gross kilogram of, or
(iii) not exceeding US dollar…in any event whatever in respect of any claim
The goods lost, dameged, misdirected, misdeliverd or in respect of which a claim arises,
b. In respect of claims for delay where not excluded by the provisions of TSTC, the amount of the company’s charges for the services in respect of the goods delayed.
36. a. Compensation shall be calculated by reference to the invoice value of the goods plus freight and insurance if paid.
b. If ther be no invoice value for the goods, the compensation shall becalculated by the reference to the calue of such goods at the place and time when they are delivered to the cus tomer or should have been so delivered. The value of the goods shall be fixed according to the current market value, or, if  there be no commodity exchange price or current market value, by reference to the normal value of goods of the same kind and quality.
37. By special agreement in writing and on payment of aditional charges, higher cpmpensation may be claimed from the company not exceeding the value of goods or the agreed value, whichever is lesser.
38. a. The company shall be discharged of any liability whatsoever unless:
(i)  notice of any claim is received by the company od its agent within 14 days (Sundays, holidays excluded) after the day specified (b) below,
(ii) suit is brought in the proper forum and written notice thereof     received by the company within 9 months after the date specified in (b) below,
b.
(i) In the case of damage to goods, the date of delivery of the goods, and in the case of loss of the goods, the date of the goods should have been delivered.
(ii) In the case of delay  or non-delivery of the goods, the date th at the goods shouls have been delivered.
(iii) In any other case, the event giving rise to the claim.
 
                 VI. NO LIABILITY FOR THE SELECTION OR SERVICES OF THIRD PARTIES AND/OR ROUTES
39. Unless services are performed by persons or firms engaged pursuant to express written instructions from the Customer, Company shall use reasonable care in its selection of third parties, or in selecting the means, route and procedure to be followed in the handling, transportation, clearance and delivery of the shipment; advice by the Company that a particular person or firm has been selected to render services with respect to the goods, shall not be construed to mean that the Company warrants or represents that such person or firm will render such services nor does Company assume responsibility or liability for any action(s) and/or inaction(s) of such third parties and/or its agents, and shall not be liable for any delay or loss of any kind, which occurs while a shipment is in the custody or control of a third party or the agent of a third party; all claims in connection with the Act of a third party shall be brought solely against such party and/or its agents; in connection with any such claim, the Company shall reasonably cooperate with the Customer, which shall be liable for any charges or costs incurred by the Company.
                
                 VII. QUOTATIONS NOT BINDING
40. Quotations as to fees, rates of duty, freight charges, insurance premiums or other charges given by the Company to the Customer are for informational purposes only and are subject to change without notice; no quotation shall be binding upon the Company unless the Company in writing agrees to undertake the handling or transportation of the shipment at a specific rate or amount set forth in the quotation and payment arrangements are agreed to between the Company and the Customer.

               VIII . PREPARATION AND ISSUANCE OF BILLS OF LADING
41. Where Company prepares and/or issues a bill of lading, Company shall be under no obligation to specify thereon the number of pieces, packages and/or cartons, etc.; unless specifically requested to do so in writing by Customer or its agent and Customer agrees to pay for same, Customer shall rely upon and use the cargo weight supplied by Customer.

                  IX. INSURANCE
42.Unless requested to do so in writing and confirmed to Customer in writing, Company is under no obligation to procure insurance on Customer's behalf; in all cases, Customer shall pay all premiums and costs in connection with procuring requested insurance.

                   X. ADVANCING MONEY
43. All charges must be paid by Customer in advance unless the Company agrees in writing to extend credit to Customer; the granting of credit to a Customer in connection with a particular transaction shall not be considered a waiver of this provision by the Company.

                  XI. C.O.D. OR CASH COLLECT SHIPMENTS
44. Company shall use reasonable care regarding written instructions relating to “Cash/Collect” on “Deliver (C.O.D.)” shipments, bank drafts, cashier's and/or certified checks, letter(s) of credit and other similar payment documents and/or instructions regarding collection of monies but shall not have liability if the bank or consignee refuses to pay for the shipment.


                 XII. RIGHT OF LIEN AND DETENTION
45. The 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 the customer or owner, and shall be entitled to sell or dispose of such goods or documentsas agent for all and at the expenses of the customer and aplly the proceeds in or towards the payment of such sum on 45 days notice in writing to the customer, upon according to the customer for any balance remaining after payment of any sum due to the company and the cost of sale or disposal the company shall be discharged of any liability in respect of the goods or documents.
46. When the goods are labeled to perish or deteriorate, the company’s right to selll or dispose of the goods shall arise immediately upon any sum becoming due to the company subject only to the company taking reasonable steps to bring to the customer’s attention its intetion of selling or disposing of the goods before so doing.
47. The company shall be entitled to retained and repaid all brokerages commissions allowances and other remunerations customarily retained by of paid to Freight Forwarders.

                 XIII. OBTAINING BINDING RULINGS, FILING PROTESTS, ETC
48. Unless requested by Customer in writing and agreed to by Company in writing, Company shall be under no obligation to undertake any pre- or post Customs release action, including, but not limited to, obtaining binding rulings, advising of liquidations, filing of petition(s) and/or protests, etc.

                  XIV. NO MODIFICATION OR AMENDMENT UNLESS WRITTEN
49. These terms and conditions of service may only be modified, altered or amended in writing signed by both Customer and Company; any attempt to unilaterally modify, alter or amend same shall be null and void.

                   XV.CLAIM AND ARBITRATION
50. Claims  against the company shall timebarred  within 3 months except where and when the company acts as sea or inland waterway carrier and in his own name issued  a Bill of Lading of which the timebar will be determined by the provisions therein. The six month period to the consignee  named in the contract or, if no deliver was taken place, from the date of conclusion of the contract.
51. In case of dispute, the disputing parties shall in first instance endeavour tosettle it by amicable way, however should such effort fail to achieve us objects, the parties thereto agree to submit the case to aboard of arnotrotors to be appointed one by each. In case arbitrators by so chosen shall not agree then the decision of and impire to be appointed by them shall be final binding upon  both parties.
          
                  XVI. JURISDICTION AND LAW
52. TSTC and any act or contract  to which they apply shall be governed by the Laws of the Social Republic of Viet Nam.