STANDARD TRADING CONDITIONS NEW THE AIRFREIGHT FORWARDER'S ASSOCIATION OF R.O.C. |
11. (i) Any and all business undertaken, including any advice information or service provided whether gratuitously or not,by the members of The Air Freight Forwarders'
(ii) If any legislation is compulsorily applicable to any business undertaken, these Conditions shall regard such business as subject to such legislation and nothing in these Conditions shall be construed as a surrender by the Forwarder of any of its rights or immunities or as an increase of any of its responsibilities or liabilities under such legislation and if any part of these Conditions be repugnant to such legislation to any extent such part shall as regard such business as void to that extent but no further.
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STANDARD TRADING CONDITIONS THE AIRFREIGHT FORWARDER'S ASSOCIATION OF R.O.C. |
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STANDARD TRADING CONDITIONS THE AIRFREIGHT FORWARDER'S ASSOCIATION OF R.O.C. |
12. (i) The Forwarder shall only be responsible for any loss or damage to goods or for any non-delivery or miss delivery if it is proved that the loss damage non-delivery or miss delivery occurred whilst the goods where in the actual custody of the forwarder and under its actual control and that such loss damage non-delivery or miss delivery was due to the willful neglect or default of the forwarder or its own servants. (ii) The Forwarder shall be liable for any non-compliance or miss-compliance with (iii) Save the aforesaid, the Forwarder shall be under no liability whatsoever, however instructions give to it if it is proved that the same was caused by the willful neglect or default of the Forwarder or its own servants. arising and whether in respect of or in connection with any goods or any instructions, business advice, information or service or otherwise. (iv) Further and without prejudice to the generality of the preceding sub-conditions, the Forwarder shall not in any event, whether under sub-conditions (i) or (ii) or otherwise, be under any liability whatsoever for any consequential loss of market or fire or consequence of fire of delay or deviation however caused. 13.In no case whatsoever shall any liability of the Forwarder howsoever arising and notwithstanding any lack of explanation exceed the value of the relevant goods or a sum at the rate of US$20.00 per kilo on the gross weight of the goods whichever is less. |
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STANDARD TRADING CONDITIONS THE AIRFREIGHT FORWARDER'S ASSOCIATION OF R.O.C. |
14. In any event, the Forwarder shall be discharged from all liabilities... (a) For loss from a package or an unpacked consignment or for damage or miss-delivery (however caused) unless notice be received in writing within seven days after the end of the transit where the transit ends in the Taiwan Area, The Republic of China or within fourteen days after the end of the transit where the transit ends at any place outside Taiwan Area, The Republic of China.
15. (a) The Forwarder shall not be obliged to make any declaration for the purpose of any statute or convention or contract as to the nature of value of any goods or as to any special interest in delivery unless expressly instructed by the Customer in writing. (b) Where there is a choice of rates according to the extent or degree of the liability
16.Perishable goods which are not taken up immediately upon arrival or which are insufficiently addressed or marked or otherwise not readily identifiable, may be sold or otherwise disposed of without any notice to the Customer and payment or tender of the net proceeds of any sale after deduction of charges and expenses shall be equivalent to delivery. All charges and expenses arising in connection with the sale or disposal of the goods shall be paid by the Customer. 17.The Forwarder shall be entitled to sell or dispose of all non-perishable goods which in the opinion of the Forwarder cannot be delivered either because they are insufficiently or incorrectly addressed or because they are not collected or accepted by the Consignee or any other reason, upon giving 21 days notice in writing to the Customer. All charges and expenses arising in connection with the storage and sale or disposal of the goods shall be paid by the Customer. |
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STANDARD TRADING CONDITIONS THE AIRFREIGHT FORWARDER'S ASSOCIATION OF R.O.C. |
18.Except under special arrangements previously made in writing the Forwarder will not accept or deal with any noxious, dangerous, hazardous or inflammable or explosive goods or any goods likely to cause damage. Should any Customer nevertheless deliver any such goods to the Forwarder or cause the Forwarder to handle or deal with any such goods otherwise than under special arrangements previously made in writing, he shall be liable for all loss or damages, costs and expenses whatsoever arising in connection therewith and the goods may be destroyed or otherwise dealt with at the sole discretion of the Forwarder or any other person in whose custody they may be at the relevant time. If such goods are accepted under arrangement previously made in writing, they may nevertheless be so destroyed or otherwise dealt with on account of risk to other goods, property, life or health. The expression "goods likely to cause damage" includes goods likely to harbor or encourage vermin or other pests. 19.Except under special arrangements previously made in writing the Forwarder will not accept or deal with bullion, coins, precious stones, jewelry, valuables, antiques, pictures, livestock, or plants. Should any Customer nevertheless deliver any such goods otherwise than under special arrangements previously made in writing, the Forwarder shall be under no liability whatsoever for or in connection with the goods however caused. 20.Without prejudice to Condition 2, the Forwarder shall have the right to enforce any liability of the Customer under these Conditions or to recover any sums to be paid by the Customer under these Conditions not only against or from the Customer but also if it thinks fit against or from the sender and/or consignee and /or owner of the goods. All sums shall be paid to the Forwarder in cash immediately when due without deduction and payment shall not be withheld or deferred on account of any claim counter claim or set-off. 21..All goods (and documents relating to goods) shall be subject to a particular and general lien and right of detention for monies due either in respect of such goods or for any particular or general balance or other monies due from the Customer or the Sender consignee or owner to the Forwarder. If any monies due to the Forwarder are not paid within one calendar month after notice has been given to the person from whom the monies are due that such goods are being detained, they may be sold by auction or otherwise at the sole discretion of the Forwarder and at the expense of such persons and the net proceeds applied in or towards satisfaction of such indebtedness. |
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STANDARD TRADING CONDITIONS THE AIRFREIGHT FORWARDER'S ASSOCIATION OF R.O.C. |
22.In addition to and without prejudice to the foregoing Conditions, the Customer undertakes that he shall in any event indemnify the Forwarder against all liabilities whatsoever suffered or incurred by the Company arising directly or indirectly from or in connection with the Customer's instructions or their implementation or the goods and in particular the Customer shall indemnify the Forwarder in respect of any liability what's or ever it may be under to any servant agent or subcontractor or any hauler, carrier warehouseman or other person whatsoever at any time involved with the good arising out of any claim made directly or indirectly against any such party by the customers or by any sender consignee or owner of the goods or by any person interested in the goods or by any other person whatsoever. 23.All agreements between the Forwarder and its customers shall be governed by Republic of China Law and be within the exclusive jurisdiction of the Taiwan Courts. |