Terms & Conditions
These conditions explain the rights, obligations, and responsibilities of all parties to this Agreement. Where we use the word ”You” or ”Your” it means the Shipper and/or it”s customer: ”We”, ”Us ” or ”Our” means the Carrier. “Client” means the person(s) The Shipper have agreements with to transport / relocate their goods and/or their commercial cargo. These terms and conditions can be varied or amended subject to prior written agreement. In Clauses 8, 9, 10, and 11 Carrier limits or excludes his liability for loss and damage.
Carrier recommends The Shipper to arrange insurance to cover Shipper’s goods or premises. Carriers may be able to arrange insurance for Shippers benefit upon request. This insurance will be separate from this contract and subject to the terms and conditions of the policy.
1. The Carrier’s Quotation
1.1 The Carrier’s Quotation, unless otherwise stated, does not include insurance, customs duties, port charges including (but not limited to) demurrage, inspections, or any fees, or taxes payable to government bodies or agencies.
1.2 The Carrier’s Quotation is valid for sixty days from the date of issue. Unless already included in The Carrier’s Quotation, reasonable additional charges will apply in the following circumstances:
1.2.1 If the work does not commence within sixty days of acceptance;
1.2.2 Where Carrier have given The Shipper a price including redelivery from store within The Carrier’s Quotation and the re-delivery from store has not taken place within six months from the date of the issue of the quotation;
1.2.3 Carrier’s costs change because of currency fluctuations, changes in taxation, freight, fuel, ferry or toll charges beyond our control.
1.2.4 The work is carried out on a Saturday, Sunday, or Public Holiday or outside normal hours (08.00-18.00hrs), unless agreed in writing, well in advance before the moving dates.
1.2.5 The Carrier has to collect or deliver goods without normal access possibilities. For the purpose of these T & C Normal access possibilities include:
– Carrier’s vehicles may park within 20 meters in front of Shipper’s or its client’s building, without parking reservation required;
– delivery up to the 2nd floor of the building;
– continuous and unhampered access to the internal lift of the building, capable of carrying the biggest and/or heaviest parcel of the shipment
– free access to the internal/external stairs or doors of the building, appropriate for the biggest and/or heaviest parcel of the shipment.
– usage of outside elevator is excluded
– The entrance or exit to the premises, stairs, lifts or doorways are adequate for free movement of the goods without mechanical equipment or structural alteration, or the approach, road or drive is suitable for our vehicles and/or containers to load and/or unload within 20 metres of the doorway.
1.2.6 If the Shipper requests collection or access to its goods while they are in store;
1.2.7 If the Carrier supplies any additional services, including moving or storing extra goods these conditions apply to such work.
1.2.8 If the Carrier has to pay parking or other fees or charges in order to carry out services on Shipper behalf. For the purpose of this Agreement parking fines for illegal parking are not fees or charges and The Shipper are not responsible for paying them.
1.2.9 There are delays or events outside Carrier reasonable control which increase or extend the resources or time allowed to complete the agreed work.
1.2.10 The Shipper is in delay to collect or to accept delivery.
1.2.11 The Shipper is in delay to grant access for commencing of pack out.
1.2.12 Carrier agrees in writing to increase Carrier’s limit of liability set out in Clause 8.1 prior to the work commencing;
1.2.13 For air-freight shipments all charges are calculated on the basis of the IATA density standard of 167 kg per 1 cubic meter. If the load density is higher than this, The Shipper will be subsequently charged to reflect that difference.
1.2.14 For road and sea shipments all charges are calculated on the basis of density standard of 105 kg per 1 cubic meter. If the load density is higher than this, The Shipper will be subsequently charged to reflect that difference.
1.3 The Shipper agrees to pay any reasonable charges arising from the above circumstances
1.4 If the Shipper has provided to the Carrier the estimated volume of the removal and after the collection of the shipment, it is established that the actual volume exceeds the estimated, the Shipper agrees to pay the Carrier and/or any and all third party’s additional charges for origin and/or destination services and/or shipping that exceed the surveyed and/or quoted volume with more than 3% deviation. In this case:
1.4.1 The Shipper agrees not to delay in any way the shipping and/or delivery;
1.4.2 The Shipper agrees not to raise any claims for remedy and/or damages, and
1.4.3 The Shipper agrees to promptly pay any additional charges incurred by the Carrier and/or any and all third parties.
2. Work not included in the quotation
2.1 Unless agreed by us in writing, the Carrier will not:
2.1.1 Dismantle or assemble furniture of any kind
2.1.2 Disconnect, re-connect, dismantle or re-assemble appliances, fixtures, fittings or equipment.
2.1.3 Take up or lay fitted floor coverings.
2.1.4 Move items from a loft, unless properly lit and floored and safe access is provided.
2.1.5 Move or store any items excluded under Clause 4.
2.1.6 Dismantle or assemble garden furniture and equipment including, but not limited to: sheds, greenhouses, garden shelters, outdoor play equipment, and satellite dishes, or move paving slabs, planters and the like.
2.2 Carrier staff are not authorised or qualified to carry out such work. Carrier recommends that a properly qualified person is separately employed by the Shipper or by its clent to carry out these services.
3. Shipper and its clients' responsibility
3.1. The Shipper agrees to:
3.1.1 Declare to the Carrier, in writing, the value of the goods being removed and/or stored. If it is subsequently established that the value of the goods removed or stored is greater than the actual value that the Shipper declares, the Shippers agree that the Carrier’s liability under clause 8.1 or 8.1.1 will be reduced to reflect the proportion that your declared value bears to their actual value.
3.1.2 Obtain at its own expense, all documents, permits, permissions, licences, customs documents necessary for the removal to be completed.
3.1.3 Pay for any parking, meter suspension,congestion, low emission & ultra low emission zone charges incurred by the Carrier in carrying out the work.
3.1.4 Be present or represented throughout the collection and delivery of the removal.
3.1.5 Where the Carrier provides the Shipper with inventories, receipts, waybills, job sheets or other relevant documents, the Shipper will ensure that they are signed by its personnel or authorised representative as confirmation of collection or delivery of the Goods.
3.1.6 Take all reasonable steps to ensure that nothing that should be removed is left behind and nothing is taken away in error.
3.1.7 Arrange proper protection for goods left in unoccupied or unattended premises, or where other people such as (but not limited to) tenants or workmen are, or will be present.
3.1.8 Prepare adequately and stabilize all appliances or electronic equipment prior to their removal.
3.1.9 Empty, properly defrost and clean refrigerators and deep freezers. The Carrier is not responsible for the contents.
3.1.10 Ensure that all domestic and garden appliances, including but not limited to washing machines, dishwashers, hose pipes, petrol lawn mowers are clean and dry and have no residual fluid left in them;
3.1.11 Provide the Carrier with a correct and up to date contact address and telephone number during removal transit and/or storage of goods.
3.1.12 If the estimate of the volume of the shipment was not provided by the Shipper, but by a third person, it is the Shipper's obligation to verify the volume/weight of the shipment at the moment the shipment comes into Shipper hands or into the hands of Shipper agent. In case that there is a deviation in the volume/weight exceeding 3%, the Shipper agrees to provide the Carrier with a written notice and subsequently agree with the Carrier on additional charges not later than 24 hours after the shipment comes into the Shipper hands or into the hands of Shipper’s agent. If the Shipper fail to inform the Carrier and agree with the Carrier on the additional charges for whatever reason, the Shipper is liable for all additional charges and/or damages for the Shipper or any third party.
3.2 The Carrier will not be liable for any loss or damage, costs or additional charges that may arise from failure to discharge these responsibilities.
4. Goods not to be submitted for removal or storage
4.1 Unless previously agreed in writing by a director or other authorised company representative, the following items must not be submitted for removal or storage and will under no circumstances be moved or stored by the Carrier. The items listed under 4.1.1 below may present risks to health and safety and of fire. Items listed under 4.1.2 to 4.1.7 below carry other risks and the Shipper and/or its client should make their own arrangements for their transport and storage.
4.1.1 Prohibited or stolen goods, drugs, pornographic material, potentially dangerous, damaging or explosive items, including gas bottles, aerosols, paints, firearms and ammunition.
4.1.2 Identity documents, jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, coins, or goods or collections of any similar kind.
4.1.3 Goods likely to encourage vermin or other pests or to cause infestation or contamination.
4.1.4 The Carrier shall notify the Shipper in writing as soon as practicable if any of the goods, are in Carrier opinion hazardous to health, dirty or unhygienic or likely to attract vermin or pests and under what conditions we would be prepared to accept such Goods or whether we refuse to accept them. Should the Carrier refuse to accept the goods, Carrier will have no liability to the Shipper.
4.1.5 Perishable items and/or those requiring a controlled environment.
4.1.6 Any animals, birds, fish, reptiles or plants.
4.1.7 Goods which require special licence or government permission for transport, export or import.
4.2 If the Shipper submit such goods without Carrier’s knowledge, the Carrier will make them available for Shipper’s collection and if the Shipper do not collect them within a reasonable time, the Carrier may apply for a court order to dispose of any such goods found in the consignment. The Shipper agrees to pay to the Carrier any charges, expenses, damages, legal costs or penalties reasonably incurred by the Carrier in disposing of the goods.
5. Ownership of the goods
5.1 By entering into this Agreement, The Shipper guarantees that:
5.1.1 The goods to be removed and/or stored are Shipper’s own or his client’s property, or the goods are Shipper’s property free of any legal charge; or
5.1.2 The Shipper has the full authority of the owner or anyone having a legal interest in them to enter into this Agreement and the Shipper has made the owner fully aware of these terms and conditions prior to entering into this Agreement and that they have agreed to them.
5.1.3 If at any time following the implementation of this agreement to its termination another person has or obtains an interest in the goods, the Shipper will advise the Carrier about his/her name and address in writing immediately.
5.1.4 The Shipper will provide a full indemnity and pay the Carrier in respect of any claim for damages and/or costs brought against Carrier if either statement made in 5.1.1 or 5.1.2 is untrue.
5.1.5 If the Shipper wish to transfer responsibility of this Agreement to a third party, the Shipper will advise the Carrier in writing, giving the Carrier their full name and address. The Carrier will issue a new agreement to them. The Carrier’s Agreement with the Shipper will remain in force until the Carrier have received a signed agreement from the third party.
6. Charges if the Shipper postpone or cancel the removal
6.1 If the Shipper postpone or cancel this Agreement, the Carrier reserves the right to charge the Shipper a reasonable postponement or cancellation fee according to how much notice is given as set out below at 6.1.1 – 6.1.4. “Working days” refer to the normal working week of Monday to Friday and excludes weekends and Public Holidays.
6.1.1 More than 10 working days before the removal was due to start: No charge.
6.1.2 Between 5 and 10 working days inclusive before the removal was due to start: not more than 30% of the removal charge.
6.1.3 Less than 5 working days before the removal was due to start: not more than 60% of the removal charge.
6.1.4 On the day the work starts or at any time after the work commences up to 100% of Carrier charges.
7.1 Unless otherwise agreed by the Carrier in writing, payment is required in full by cleared funds in advance of the removal or storage period. In default of such payment the Carrier reserves the right to refuse to commence removal or storage until such payment is received.
7.2 In respect of all sums which are overdue to Carrier, he will charge interest on a daily basis calculated at 10% per annum above the prevailing base rate for the time being of the Central Bank of the European Union.
7.3 The Shipper is required to pay the removal charges in cash or by bank transfer. Under no circumstances the Shipper may withhold or off-set any part of the agreed price. The Carrier reserves the right not only to terminate this contract if payment is not received before the removal date (unless agreed otherwise in writing) but also not to carry out any of the services quoted for. Payment for the move and any insurance purchased cannot be withheld due to an insurance or any other claim.
8. Carrier liability for loss or damage
8.1 The Carrier does not know the value of the Shipper’s / his clients’ goods, therefore Carrier limits his liability to a fixed limit per item. The amount of liability Carrier accepts under this agreement is reflected in Carrier’s charges for the work. If the Shipper wishes that the Carrier increases his limit of liability per item, the Shipper agrees to pay a higher price for the work as stated in Condition 1.2.12 (Carrier Quotation). Unless otherwise agreed in writing if the Carrier is negligent or in breach of contract, Carrier will pay the Shipper up to EUR 40 for each item which is lost or damaged as a direct result of any negligence or breach of contract on the Carrier’s part to cover the cost of repairing or replacing that item.
8.1.1 Subject to the Carrier having received Shipper’s itemised valued inventory (see 3.1.1) within a reasonable period prior to the commencement of work the Carrier may agree to increase their liability, for an additional charge. Carrier will not unreasonably withhold consent to such a request. This is not insurance cover and your attention is drawn to the Insurance Option in Clause 12.
8.2 For goods destined to, or received from a place outside the country of Carrier’s registered office
8.2.1 The Carrier will only accept liability for loss or damage
(a) arising from Carrier’s negligence or breach of contract whilst the goods are in Carrier physical possession, or
(b) whilst the goods are in the possession of others if the loss or damage is established to have been caused by Carrier failure to pack the goods to a reasonable standard where Carrier have been contracted to pack the goods that are subject to the claim. In either circumstance clause 8.1.1 above will apply.
8.2.2 Where Carrier engages an international transport operator, shipping company or airline to convey Shipper goods to the place, port or airport of destination, Carrier do so on Shipper behalf and subject to the terms and conditions set out by that carrier.
8.2.3 If the carrying vessel/conveyance, should for reasons beyond the carrier’s control, fail to deliver the goods, or route them to a place other than the original destination, the Shipper may have limited recourse against the carrier depending upon the carriers particular terms and conditions of carriage, and the Shipper may be liable for General Average contribution (e.g. the costs incurred to preserve the vessel/conveyance and cargo) and salvage charges, or the additional cost of onward transmission to the place, port or airport of destination. These are insurable risks and it is Shipper’s responsibility to arrange adequate marine/transit insurance cover.
8.2.4 The Carrier does not accept liability for goods confiscated, seized, removed or damaged by Customs Authorities or other Government Agencies unless such confiscation, seizure, removal or damage arose directly as a result of the Carrier’s negligence or breach of contract.
8.3 For the purposes of this Agreement an item is defined as:
8.3.1 The entire contents of a box, parcel, package, carton, or similar container;
8.3.2 Any other object or thing that is moved, handled or stored by us.
9. Damage to premises or property other than goods
9.1 Because third party contractors or others are frequently present at the time of collection or delivery it is not always possible to establish who was responsible for loss or damage. therefore the Carrier liability is limited as follows:
9.1.1 If the Carrier causes loss or damage to premises or property other than goods for removal as a result of our negligence or breach of contract, our liability shall be limited to making good the damaged area only, but not more than EUR 250.
9.1.2 If the Carrier causes damage as a result of moving goods under Shipper’s express instruction, against our advice, and where moving the goods in the manner instructed is likely to cause damage, the Carrier shall not be liable.
9.1.3 If the Carrier is responsible for causing damage to Shipper’s premises or to property other than goods submitted for removal and/or storage, the Shipper must note this on the worksheet or delivery receipt as soon as practically possible after the damage occurs or is discovered or in any event within a reasonable time. This is fundamental to the Agreement.
10. Exclusions of liability
10.1 The Carrier shall not be liable for loss or damage caused by fire or explosion. It is Shipper's responsibility to insure his or its client’s goods against fire or explosion. If the Shipper asks the Carrier in writing to arrange fire insurance cover for the Shipper, the Carrier will, provided the Shipper declare the full replacement value of Shipper’s Goods, and pay the premium in advance.
10.2 The Carrier shall not be liable for delays or failures to provide the services under this Agreement as a result of war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion and/or military coup, Act of God, adverse weather, third party industrial action, re-scheduled sailing, departure or arrival times, port congestion, or other such events outside our reasonable control.
10.3 Other than as a result of the Carrier negligence or breach of contract, the Carrier will not be liable for any loss, damage or failure to produce the goods as a result of:
10.3.1 Normal wear and tear, natural or gradual deterioration, leakage or evaporation or from perishable or unstable goods. This includes goods left within furniture or appliances.
10.3.2 Moth or vermin or similar infestation.
10.3.3 Cleaning, repairing or restoring unless the Carrier has arranged for the work to be carried out.
10.3.4 Changes caused by atmospheric conditions such as dampness, mould, mildew, rusting, tarnishing, corrosion, or gradual deterioration unless directly linked to ingress of water.
10.3.5 For any goods in wardrobes, drawers or appliances, or in a package, bundle, carton, case or other container not both packed and unpacked by the Carrier .
10.3.6 For electrical or mechanical derangement to any appliance, instrument, clock, computer or other equipment unless there is evidence of related external damage.
10.3.7 For any goods which have a pre-existing defect or are inherently defective.
10.3.8 For perishable items and/or those requiring a controlled environment.
10.3.9 For items referred to in Clause 4.
10.4 No employee of the Carrier shall be separately liable to the Shipper for any loss, damage, misdelivery, errors or omissions under the terms of this Agreement.
10.5 Where goods are handed out from store the Carrier liability will cease upon handing over the goods to the Shipper or Shipper’s authorised representative (see Clause 11.1 below).
10.6 The Carrier will not be liable for any loss or damage caused by Carrier or Carrier ‘s employees or agents in circumstances where:
(a) there is no breach of this Agreement by the Carrier or by any of Carrier’s employees or agents
(b) such loss or damage is not a reasonably foreseeable result of any such breach.
11. Time limit for claims
11.1 If The Shipper or Shipper’s authorised representative collect the goods, the Carrier must be notified in writing of any loss or damage at the time the goods are handed to The Shipper or Shipper’s agent or as soon as practically possible, but in any case not more than 72 hours, subject to having entered the reservations for the possible existence of any damage or loss on the delivery documents
11.2 For goods which the Carrier delivers, the Shipper must advise the Carrier in writing of any loss and damage within 72 hours of delivery by the Carrier. The Carrier may agree to extend this time limit upon receipt of Shipper’s written request provided such request is received within 72 hours of delivery. Consent to such a request will not be unreasonably withheld.
12. Insurance Option
This condition applies if the Shipper have decided to accept the Insurance Option. Details of the cover are set out in the Insurance Terms provided to the Shipper.
12.1 Upon Shipper’s request, the Carrier shall take out and maintain a contract of insurance with an insurer of our choosing, unless otherwise stipulated with the Shipper in writing, in accordance with the Insurance Terms of that insurer. The risks covered by the insurance policy and the exclusions therein are to be listed separately and are to become a fundamental part of the final agreement between the Shipper and Carrier. In case of damage or loss of the goods, which is to be covered by the insurance policy, we shall undertake all necessary measures to preserve any and all of your claims arising out of the insurance contract in favour of the owner of the goods. The basis of settlement between the Shipper and the insurer shall be the replacement value of the goods taking into account the value of the goods stated by The Shipper when The Shipper entered into this agreement.
12.2 In the event of a claim the following provisions shall apply:
Carrier shall notify the insurer within 7 days of receipt from The Shipper of the form attached to the Summary of Terms. For the purposes of processing any claim The Shipper must provide Carrier , the insurer or any agent appointed by the insurer (to investigate Shipper claim) with such information as may reasonably be required to assist with enquiries relating to the claim. The Carrier will also provide to the Shipper, the insurer, or any agent appointed by the insurer (to investigate the claim), with such information and assistance in relation to the claim as may reasonably be required. While the Carrier will notify claims to the insurer, he is not under any circumstances obliged to start or threaten to start any legal proceedings in relation to any such claim, unless specifically agreed with The Shipper in writing.
12.3 When an insurance claim has been made and insurers have agreed to settle the claim, Carrier shall pay or arrange for payment to be made direct to the Shipper any settlement agreed with insurers after deduction of any outstanding sums due to Carrier from the Shipper. For the avoidance of doubt, The Shipper agree that the carrier’s liability to The Shipper in respect of any claim shall be limited to the sums, which Carrier are able to recover from insurers under such insurance cover and Carrier shall have no further liability to The Shipper in respect of Shipper claim.
12.4 Carrier are not qualified or authorised to give The Shipper any advice concerning this insurance cover and Carrier makes no representations and gives no warranties as to whether it meets Shipper particular demands or needs. It is Shipper’s responsibility to make your own judgment as to whether such insurance meets Shipper own requirements. Carrier will not be liable for any loss or damage costs or expenses The Shipper incur if the insurance does not meet Shipper requirements.
12.5 Nothing in this Condition 12 shall make us Shipper agent.
13. Delays in transit
13.1 Other than by reason of Carrier’s negligence or breach of contract, the Carrier will not be liable for delays in transit.
13.2 If through no fault of the Carrier is unable to deliver Shipper goods, the Carrier will take them into store. The Agreement will then be fulfilled and any additional service(s), including storage and delivery, will be at Shipper’s expense.
13.3 Any transit times quoted by the Carrier are estimated and based upon information known to Carrier at the time. Transit times may vary due to a number of factors outside Carrier control including but not limited to changes in sailing or departure dates made by the freight/shipping company, changes in the routes used by the freight/shipping company and port congestion. The Carrier will advise The Shipper of any material changes to the transit times as soon as The Carrier becomes aware. The Carrier will not be liable for any loss or damage or additional costs incurred by The Shipper as a result of delays in transit time.
14. Carrier Right to Hold the Goods (lien)
“Lien” is the legal right of the remover to hold goods until the customer has paid all outstanding charges.
Carrier shall have a right to withhold and ultimately dispose of some or all of the goods that it has handled for the Shipper if the Shipper fail to pay the charges and any other payments due under this or any other Agreement. (See also Clause 22). These include any charges that Carrier have paid out on Shipper behalf. While Carrier hold the goods The Shipper will be liable to pay all storage charges and other costs (including legal costs) reasonably incurred by Carrier in recovering Carrier charges and applying Carrier right of lien. These terms and conditions shall continue to apply.
All disputes, arising out of or in connection with this contract, including those arising out of or concerning its interpretation, invalidity, performance or termination, as well as the disputes for filling gaps in this contract or its adaptation to newly established facts, shall be referred for resolution to the Court of Arbitration of the Chamber of Commerce and Industry of the respective country of our registered office The Shipper have agreement / contract with.
16. The Carrier’s right to subcontract the work
16.1 The Carrier reserves its right to subcontract some or all of the work.
16.2 If the Carrier subcontracts, then these conditions will still apply.
17. Route and method
17.1 The Carrier has the right to choose the method and route by which to carry out the work.
17.2 Unless it has been specifically agreed otherwise in writing in Carrier's Quotation, other space/ volume/ capacity on Carrier’s vehicles and/or the container may be utilised for consignments of other customers.
18. Advice and information for International Removals
The Carrier will use his reasonable endeavours to provide the Shipper with up to date information to assist the Shipper with the import/export of Shipper goods. Information on such matters as national or regional laws and regulations which are subject to change and interpretation at any time is provided in good faith and is based upon existing known circumstances. It is Shipper's responsibility to seek appropriate advice to verify the accuracy of any information provided.
19. Applicable law
Any dispute between the parties will be governed by the substantive law of the country of registration of the Carrier.
20. Shipper’s forwarding address
20.1 If the Shipper instructs the Carrier to store Shipper goods, the Shipper must provide a correct and up to date address and telephone number and notify Carrier if it changes. All correspondence and notices will be considered to have been received by the Shipper seven days after sending it by first class post to Shipper last address recorded by Carrier .
20.2 If the Shipper does not provide an address or respond to the Carrier correspondence or notices, Carrier may publish such notices in a public newspaper in the area to or from which the goods were removed. Such notice will be considered to have been received by the Shipper seven days after the publication date of the newspaper. Note: the Carrier is unable to contact the Shipper, the Carrier will charge the Shipper any costs incurred in establishing Shipper whereabouts.
21. List of goods (inventory) or receipt
Where the Carrier produces a list of Shipper’s goods (inventory) or a receipt and send it to the Shipper, it will be accepted as accurate unless the Shipper write to the Carrier within 3 days of the date of our sending, or within a reasonable period agreed between us in writing, notifying Carrier of any errors or omissions.
22. Revision of storage charges
Carrier review its storage charges periodically. The Shipper will be given 30 days notice in writing of any increases.
23. Non-payment clause
On giving 30 days notice Carrier are entitled to require from the Shipper to move the goods out and take them into Shipper’s possession and respectively pay all money due to Carrier. If the Shipper fail to pay all outstanding debts due, the Carrier has the right to sell or dispose of some or all of the goods without further notice. The cost of the sale or disposal will be charged to the owner. The Carrier will withhold all money due by the owner and return the outstanding difference without any interest rate.
24. The Carrier’s right to sell or dispose of the Goods
If payment of the Carrier’s charges relating to Shipper goods is in arrears, and on giving the Shipper three months” notice, Carrier are entitled to require the Shipper to remove Shipper goods from Carrier’s custody and pay all money due to Carrier. If the Shipper fails to pay all outstanding amounts due to the Carrier, the Carrier may sell or dispose of some or all of the goods without further notice. The cost of the sale or disposal will be charged to the Shipper. The net proceeds will be credited to Shipper account and any eventual surplus will be paid to the Shipper without interest. If the full amount due is not received, the Carrier may seek to recover the balance from the Shipper.
25. Claims against the Carrier
Where claims are made by third parties (persons other than the Shipper), in respect of the goods or the service, the Shipper will be liable to pay and indemnify the Carrier against any charges, expenses, damages or penalties claimed from the Carrier, unless the Shipper can prove that we were negligent or in breach of contract.
If payments are up to date, Carrier will not end this contract except by giving the Shipper three months’ notice in writing. If the Shipper wishes to terminate its storage contract, the Shipper must give to the Carrier at least 10 working days’ notice (working days are defined in Clause 6 above). If Carrier can release the goods earlier, Carrier will do so, provided that Shipper’s bills are paid up to date. Charges for storage are payable to the date when the notice should have taken effect.