These General Terms and Conditions (“Terms”) apply to all Freight Forwarding Services performed by J.D. Brokers & Forwarding Company (“Company”).
Freight Forwarding Services means services of any kind relating to the carriage, consolidation, storage, handling, packing or distribution of the goods as well as ancillary and advisory services in connection therewith, including but not limited to customs and fiscal matters, declaring the goods for official purposes, procuring insurance of the goods and colleting or procuring payment or documents relating to the goods.
The present General Terms and Conditions are the governing terms and conditions for the Company’s services.
CONCLUSION OF CONTRACT / CUSTOMER’S INSTRUCTIONS
Assigning J.D. Brokers’ services is the contract by virtue of which the Company undertakes, against payment, the obligation against the sender/shipper or the consignee of the goods to carry them to the place of delivery, not conducting the carriage itself, but finding the carrier who shall carry the goods and with whom the Company concludes a contract of carriage on its name but on the sender/shipper’s or the consignee’s account. The Company may act as a carrier in the performance of the carriage.
The Company will follow the Customer’s instructions arising from the said contract and contained in it.
The order addressed to the Company should contain the precise addresses of the consignor and the consignee, the place of loading and delivery, the nature of goods, the quantity, the contents of the boxes, their dimensions, and their gross/net weight and any other necessary particulars required for the performance of the carriage. The Customer shall bear the liability for damages resulting from incomplete or erroneous particulars.
In case of verbally given orders, these must be confirmed in writing by letter, fax or e-mail. It is responsibility of the Customer to transmit the above required information correct and complete. If the Company has not been given a relevant order in writing, it shall not be obliged to check or fill said particulars or other statements of the Customer.
The conclusion of the contract of carriage by the Company is binding on the Customer. The Customer shall bear all expenses and fees arising from the performance of the said contract. And the Customer is required to take all necessary steps for the performance of the contract. The Company shall not be responsible for any problems that may arise from non-performance of the obligations on the Customer’s part.
GOODS IN TRANSPORT / DELIVERY HINDRANCES
The Company is not obliged to undertake the carriage of goods that may cause damage to individuals, animals, other goods, the environment or that are susceptible to deterioration or wear unless is prior agreement in writing. If such goods are given to the Company without any prior agreement, the Customer is liable for any damage that occurs and shall bear all relevant expenses.
And, if at any time the Company’s performance is or is likely to be affected by any hindrance or risk of any kind (including but not limited to condition of goods) no arising from any fault or neglected of the Company and which cannot be avoided by the exercise of reasonable endeavors, the Company may abandon the carriage of the goods under the respective contract and, where reasonably possible, make the goods or any part of them available to the Customer at a place where the Company may deem safe and convenient, where upon delivery shall be deemed to have been made, and the responsibility of the Company in respect of such goods shall cease. In any event, the Company shall be entitled to the agreed remuneration under the contract and the Customer shall pay any additional costs resulting from the above mentioned circumstances.
REVOCATION OF ORDER
The Customer is entitled to revoke the order at any time, unless the Company has already concluded a contract carriage with a third party. In this case, the Costumer shall bear all expenses and fees as well as any positive damage or lost profits that may arise from the revocation of the order.
CARRIAGE OF GOODS WITH THE GROUPAGE SYSTEM
The Company is entitled to undertake the carriage of goods with the GROUPAGE system, namely together with other goods belonging to other Customers, provided it has not been agreed otherwise in writing.
DEADLINES/IMPEDIMENTS/IMPOSSIBILITY OF PERFORMANCE
No liability arising from the non-observance of a deadline: in the absence of a prior agreement in writing, the Company shall not guarantee either a specific date for delivery or a specific order list of priority for the carriage. The simple notification of the date of delivery on the Customer’s part shall not create an obligation on the Company’s part.
The Company shall not be liable for the consequences that may arise due to incorrect information provided by carriers or their agents in relation to the dates or the terms of carriage, discharge or delivery of goods.
The Company shall be released from all or part of its liability if, due to events for which it is not responsible, it is unable in whole or in part to fulfill its obligations, for as long as these event last.
In such a case the Company shall be entitled to withdraw from the contract, even in the event it has partly carried out the order. In this case, the Company shall be entitled to claim the expenses made.
The Company organizes the freight forwarding services as agent for the Customer at its own discretion and shall devote its best attention to the organization of the transport, carriage and storage of the entrusted goods. The Company shall select the appropriate means and mode of transport, as well as storage locations and shall be liable for its accurate and conscientious organization only.
The Company is not liable for acts and omissions by third parties, such as, but not limited to carriers, warehousemen, stevedores, port authorities and other freight forwarders, unless the Company has failed to exercise due diligence in selecting, instructing or supervising such third parties.
These General Terms and Conditions apply to whenever any claim is made against an employee, agent or other person the Company engaged for the performance of the service (including any independent contractor) whether such claims are founded in contract or in tort, and the aggregate liability of the Company and such employees, agents or other persons shall not exceed the limit applicable to the service concerned as expressly agreed between the Company and the Customer or following from these General Terms and Conditions.
The Company is authorized to carry out the shipment of the goods by substituting itself for the third party it would otherwise deal with on the Customer’s behalf. If it makes use of this right, it has the rights and obligations of a carrier pertaining to the shipment. In such case the Company is liable for damages to and loss of goods in its care and custody.
With respect to services other than carriage of goods such as, but not limited to, storage, handling, packing or distribution of the goods, as well as ancillary services in connection therewith, the Company shall be liable only in case such services have been performed by the Company itself using its own facilities or employees or the Company has made an express undertaking to assume liability.
EXCLUSION/ASSESMENT/MONETARY LIMITS OF LIABILITY
The Company shall in no event be liable for:
– Loss of damage to goods, which occurs whilst the goods are not in actual custody and control of the Company.
– Valuables or dangerous goods unless declare to the Company at the time of the conclusion of the contract.
– Loss following from delay unless expressly agreed in writing.
– Indirect or consequential loss such as, but not limited to, loss of profit, loss of market and conventional fees.
– Consequence of loading and unloading operations which the Company has not performed lack of, or defective packing, markings or stowage insofar as the Company has not executed the packing, markings or stowage.
– War, rebellion, revolution, insurrection, usurped power or confiscation, nationalization or requisition by or under orders of any government or public or local authority.
– Natural disasters, acts of God, acts of robbery.
– Circumstances which the Company could not avoid and the consequence of which it was unable to prevent.
The liability of the Company for any loss or damage to goods shall be limited to the limits provided for in the international conventions ratified by Greece by means of law and which regulate the relevant contract of carriage.
If the Company is liable in respect of loss following from delay, such liability shall be limited to an amount not exceeding the remuneration relating to the service giving rise to the delay.
The Company will be obliged to insure the goods on Customer’s behalf ONLY it has been given an express order in writing, in which the amount insured as well as the risks covered shall be mentioned.
The Company arranges for the insurance of the goods (e.g. cargo or warehouse insurance) with an insurer of its choice only if instructed to do so in writing at the conclusion of the contract. All insurances effected are subject to the usual exceptions and conditions of the policies of the insurance company or underwriters taking the risk. Unless otherwise agreed in writing, the Company shall not be under any obligation to effect a separate insurance on each consignment, but may declare it on any open or general policy held by the Company.
The Company is obliged to cover its liability resulting from these terms with an insurer of its choice and will provide proof of its liability insurance cover upon the customer’s written request.
CHANGES TO THIS TERMS AND CONDITIONS
The Company reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, the Company will try to provide at least 30 (thirty) days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at its sole discretion.
You can find more information of our Terms and Conditions on the back of our bill of lading (OBL /AWBL).
The legal relationship between the Company and its Customer shall be governed by and construed in accordance with the laws of the State of Florida, USA. All actions against the Company shall be in the sole jurisdiction of the courts in Miami, Florida, USA.
If you have any questions about this Terms and Conditions, please contact us.