All services of the Company whether gratuitous or not are subject to these Conditions. All services are provided by the Company as agents unless the Company expressly agrees in writing to act as a principal.
"Company" is ATLi
"Customer" means any person at whose request or on whose behalf the Company provides a service;
"Owner" includes the owner, shipper and consignee of the Goods and any other person who is or may become interested in the Goods and anyone acting on their behalf;
"Goods" includes the cargo and any container not supplied by or on behalf of the Company, in respect of which the Company provides a service.
3. Obligations of Customer
a) The Customer warrants that he is either the Owner or the authorised agent of the Owner of the Goods and that he is authorised to accept and is accepting these Conditions not only for himself but also as agent for and on behalf of the Owner of the Goods.
b) The Customer shall give sufficient and executable instructions.
c) The Customer warrants that the goods are legal.
d) The Customer warrants that the description and particulars of the Goods are complete and correct and that the Goods are properly packed and labeled, except where the Company has accepted instructions in respect of such services.
4. General Indemnities
a) The Customer and Owner shall defend, indemnify and hold harmless the Company against all liability, loss, damage, costs and expenses arising (i) from the nature of the goods unless caused by the Company's negligence, (ii) out of the Company acting in accordance with the Customer's or Owner's instructions, or (iii) arising from a breach of warranty or obligation by the Customer or arising from the negligence of the Customer or Owner.
b) The Customer and Owner shall be liable for and shall defend, indemnify and hold harmless the Company in respect of all duties, taxes, imposts, levies, deposits and outlays of whatsoever nature levied by any Authority and for all payments, fines, costs, expenses, loss and damage whatsoever incurred or sustained by the Company in connection therewith.
c) 1) The Customer undertakes that no claim be made against any servant, sub-contractor or agent of the Company which imposes or attempts to impose upon any of them any liability whatsoever in connection with the Goods, if any such claim should nevertheless be made, to indemnify the Company against all consequences thereof.
2) Without prejudice to the foregoing, every such servant sub-contractor or agent shall have the benefit of all provisions herein, as if such provisions were expressly for their benefit. In entering into this contract the Company, to the extent of those provisions, does so not only on his behalf, but as agent and trustee for such servants, sub-contractors and agents.
3) The Customer shall defend, indemnify and hold harmless the Company from and against all claims, costs and demands whatsoever and by whomsoever made or preferred in excess of the liability of the Company under the terms of these Conditions and without prejudice to the generality of this clause this indemnity shall cover all claims, costs and demands arising from or in connection with the negligence of the Company, its servants, sub-contractors and agents.
4) In this clause, "sub-contractors" includes direct and indirect sub-contractors and their respective servants and agents.
d) The Customer shall be liable for the loss, damage, contamination, soiling, detention or demurrage before, during and after the Carriage of property (including, but not limited to, Containers) of the Company or any person or vessel referred to in (c) above caused by the Customer or Owner or any person acting on behalf of either of them or for which the Customer is otherwise responsible.
5. Liberties and Rights of Company
a) The Company shall be entitled but under no obligation, to depart from the Customer's instructions in any respect if in the opinion of the Company there is good reason to do so in the Customer's interest and it shall not thereby incur any additional liability.
b) The Company, at all time, shall comply with the orders or recommendations given by any Authority. The responsibility of the Company in respect of the
Goods shall cease on the delivery or other disposition of the Goods in accordance with such orders or recommendations.
c) The Company reserves to itself full liberty as to means, route and procedure to be followed in the performance of any service provided in the course of business undertaken, subject to these conditions.
d) If at any time the performance of the Company's obligations, in the opinion of the Company or any person whose services the Company makes use of, is or is likely to be affected by any hindrance, risk, delay, difficulty or disadvantage whatsoever and which cannot be avoided by reasonable endeavours by the Company or such other person, the Company may, on giving notice in writing to the Customer or Owner or without notice where it is not reasonably possible to give such notice, treat the performance of its obligations as terminated and place the Goods or any part of them at the Customer or Owner's disposal at any place which the Company may deem safe and convenient, whereupon the responsibility of the Company in respect of the Goods shall cease. The Customer shall be responsible for any additional costs of carriage to and delivery and storage at such place and all other expenses incurred by the Company.
e) If delivery of the Goods or any part thereof is not taken by the Customer or Owner at the time and place when and where the Company, or any person whose services the Company makes use of, is entitled to call upon the Customer or Owner to take delivery thereof, the Company or such other person shall be entitled to store the Goods in the open or under cover at the sole risk and expense of the Customer.
f) Notwithstanding clauses (d) and (e) above, the Company shall be entitled but under no obligation at the expense of the Customer payable on demand and without any liability to the Customer and Owner, to sell or dispose of
1) on giving 21 days notice in writing to the Customer all Goods which in the opinion of the Company cannot be delivered as instructed, and
2) without notice Goods which have perished, deteriorated or altered, or are in immediate prospect of doing so in a manner which has caused or may be reasonably expected to cause loss or damage to any person or property or to contravene applicable regulations.
g) The Company shall have a particular and general lien on all Goods or documents relating to Goods in its possession for all sums due at any time from the Customer or Owner and on giving 28 days notice in writing to the Customer, shall be entitled to sell or dispose of such Goods or documents at the expense of the Customer and without any liability to the Customer and Owner and apply the proceeds in or towards the payment of such sums.
h) The Company shall have the right to enforce against the Owner and the Customer jointly and severally any liability of the Customer under these Conditions or to recover from them any sums to be paid by the Customer which upon demand have not been paid.
6. Amount of Compensation
Except in so far as otherwise provided by these Conditions, the liability of the Company, howsoever arising, and notwithstanding that the cause of loss or damage be unexplained shall not exceed US$ 5000.
7. Notice of loss, Time Bar
The Company shall be discharged of all liability unless notice of any claim is received in writing by the Company or its agent within 14 days after the date upon which the Goods were delivered or ought to be delivered, and suit is brought in the proper forum as specified below and written notice thereof received by the Company within nine months after the date specified above.
8. General Average
The Customer shall defend, indemnify and hold harmless the Company in respect of any claims of a General Average nature which may be made on the Company and the Customer shall provide such security as may be required by the Company in this connection.
9. Harmonious Construction
The aforesaid terms and conditions shall be read in harmony with any other terms and conditions the Goods may be subject to whether entered by the customer directly or on its behalf in due discharge of its obligation by the Company.
10. Jurisdiction and Law
These Conditions and any claim or dispute arising out of or in connection with the services of the Company shall be subject to UAE law and the exclusive jurisdiction of the Dubai courts.