GENERAL TERMS AND CONDITIONS
These terms and conditions of service constitute a legally binding contract between “NVGL (Navigators Visa Global Logistics Limited)” and “Customer”. Where a NVGL document is issued, the terms and conditions contained or evidenced in such Document shall, in so far as these are inconsistent with the NVGL Conditions, be paramount and govern the Services in respect of which the NVGL Document is issued.
“NVGL/COMPANY” shall mean the applicable Navigators Visa Global Logistics Limited Global Forwarding entities operating in India that is providing the service, as well as their subsidiaries, related companies, agents and/or representatives;
“Buyer” means any person, body corporate or entity which purchases or orders the Goods from the Customer.
“Carriage” means vehicles and conveyances of all kind including acts in furtherance of an act of carriage by another or a specific means, whether by air, sea or land transport, or any combination of such transport modes.
“Carrier” means any party involved in the carriage of Goods whether by airfreight, sea freight or land transport.
“Customer” shall mean the person for which the Company is rendering service as applicable, as well as its principals, agents and/or representatives, including, but not limited to, shippers, importers, exporters, carriers, secured parties, warehousemen, buyers and/or sellers, shipper’s agents, insurers and underwriters, break-bulk agents, consignees, etc. It is the responsibility of the Customer to provide notice and copy(s) of these terms and conditions of service to all such agents or representatives;
“Dangerous Goods” means cargo which is noxious, hazardous, inflammable, explosive or offensive (including radioactive materials) or may become noxious, hazardous, inflammable, explosive or offensive or radioactive and may become liable to cause damage, loss or injury to any person or property whatsoever or howsoever caused
“Documentation” shall mean all information received directly or indirectly from Customer, whether in paper or electronic form;
“Goods”: the cargo to which any business under these conditions relates;
“Debts” means all amounts owing by the Customer to the Company on any account whatsoever
“Force Majeure Event” means any cause or causes beyond the control of the party whose performance is directly affected by it, including but not limited to war (declared or undeclared), rebellion, revolution, tumults, political disturbance, accident to wharf, accidents at works or wharf, at receivers’ works or wharf, breakdown or stoppage of slurry pipeline, transfer vessels, motor vehicles or any part of the works from which the Goods are supplied or to which the Goods are destined, including loading and/or discharging facilities, installations and/or equipment at or en route, partial or total stoppage of roads, rivers or channels, riot, insurrection, civil commotion, epidemics, quarantine, strike, lockout, blockade, industrial disturbance, labour/industrial disputes or stoppages of miners, workmen, lightermen, tugboat men or other hands essential to the working, carriage, delivery, shipment or discharge of the said Goods whether partial or general, interference of trade unions, act of God, fire, floods, storm, tempest, volcanic eruption, earthquake, landslips, frost or snow, bad weather, intervention of sanitary, customs, and/or other constituted authorities, act of government (whether de-facto or de-jure) and supervening illegality, or any other cause beyond the control of the NVGL. Act of government shall include, but is not limited to, the refusal to grant any necessary import or export licence.
“Goods” are any goods or items which are the subject of the services provided by the Company to the Customer under this or any other Agreement.
“Owner”: The Owner of the Goods or Transport Unit and any other person who is or may become interested in them;
“Third parties” shall include, but not be limited to, the following: “carriers, truckmen, cartmen, lightermen, forwarders, OTIs, customs brokers, agents, warehousemen and others to which the Goods are entrusted for transportation, cartage, handling and/or delivery and/or storage or otherwise”
Services: means freight forwarding services, customs brokerage services, storage services, transportation services, transport management services and any other service described in the Agreement and/or rate quotation.
“NVGL Transport Document” means Airway Bill, Bill of Lading, Road Bill;
“Transport Unit”: packing case, pallets, container, trailer, tanker, or any other device used whatsoever for and in connection with the carriage of Goods by land, sea or air
If any provision of this Agreement is held invalid by a court of competent jurisdiction, all valid provisions that are severable from the invalid provision(s) shall remain in full force and effect. The Parties shall in that case enter into consultation with the aim of coming to an agreement as to the replacement of the invalid and/or nullified stipulation with a new stipulation, which achieves to the greatest extent possible the economic, legal and commercial objective of the invalid or unenforceable provision
3. Company as agent.
NVGL acts as the “agent” of the Customer for the purpose of performing duties in connection with the entry and release of Goods, post entry services, the securing of export licenses, the filing of export and security documentation on behalf of the Customer and other dealings with Government Agencies, arrangement of contracts with carriers, forwarders, customs agents, warehousing companies for the account of or in the name of NVGL and other parties pursuant to the instructions of Customers and therefore NVGL is liable only in respect of their careful selection and instruction, as to all other services, NVGL acts as an independent contractor.
4. Quotations Not Binding.
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
The Company shall carefully examine the placed orders; however, the Company shall not be obliged to verify the contents of transport containers or shipments, or to check weights or dimensions. If any ambiguities come to the notice of NVGL, NVGL shall clarify as soon as possible with Customer
6. Declaring Higher Value to Third Parties.
Third parties to whom the Goods are entrusted may limit liability for loss or damage; NVGL will request excess valuation coverage only upon specific written instructions from the Customer, which must agree to pay any charges therefore; in the absence of written instructions or the refusal of the third party to agree to a higher declared value, at Company’s discretion, the Goods may be tendered to the third party, subject to the terms of the third party’s limitations of liability.
7. Delivery times
Guarantees of delivery times are generally excluded, unless agreed upon in advance and in writing.
8. Unforeseen intermediate storage
If the consignee does not take delivery of the shipment at its destination, or if the shipment is held up in transit due to factors beyond the control of NVGL, it shall be placed in storage for the account of and at the risk of the Customer. NVGL shall, as soon as possible, inform the Customer of such unforeseen intermediate storage.
9. Additional charges and reimbursements.
NVGL is not liable for the incorrect charging of freight, customs duties, levies, etc. for which not caused by NVGL.
10. Instructions relating to delivery or release of Goods.
Except under the terms of a document signed by NVGL, any instructions relating to the delivery or release of the Goods such as, but not limited to, against payment or against surrender of a particular document, are accepted by NVGL, where NVGL has to engage third parties to effect compliance with the instructions, only as agents for the Customer.
11. Goods requiring special handling or dangerous Goods
Customer is obligated to inform to NVGL special conditions regarding the Goods, including Dangerous Goods, Restricted Goods and Prohibited Goods as defined in the Terms and Conditions of the Transport Documents, prior to the shipment, in order to verify acceptance according to the shipping line, carrier and/or legislation. NVGL will not accept or deal with Goods that require special handling regarding carriage, handling, or security whether owing to their thief attractive nature or otherwise including, but not limited to bullion, coin, precious stones, jewellery, valuables, antiques, pictures, human remains, livestock, pets, plants. Should any Customer nevertheless deliver any such Goods to the Company, or cause the Company to handle or deal with any such Goods, otherwise than under such prior agreement, the Company shall have no liability whatsoever for or in connection with the Goods, howsoever arising.
12. Failure to take delivery.
Should the Customer, Consignee or Owner of the Goods fail to take delivery at the appointed time and place when and where the Company is entitled to deliver, the Company shall be entitled to store the Goods, at the sole risk of the Customer or Consignee or Owner, whereupon the Company’s liability in respect of the Goods, or that part thereof, stored as aforesaid, shall wholly cease.The Company shall be entitled at the expense of the Customer to dispose of or deal with (by sale or otherwise as may be reasonable in all the circumstances): (i) after at least 28 days’ notice in writing to the Customer. NVGL shall not be liable for any over time, detention, demurrage or port charges applied to containers by the ocean carrier, merchant, owner of the container and/or port authority.
13. Loss or damage notice.
Any apparent, loss or damage to the cargo must be noted immediately on the transportation document (HAWB, B/L or road bill) at the time of taking delivery of goods, it shall be annotated on the POD. The Customer shall notify The Company within two (2) working days and advise The Company of the apparent shortage or damage and of any non-apparent loss or damage and both parties shall thereafter arrange for a joint inspection and a third-party survey (for Insurance requirement) of the relevant Products. Failure to do so will result in a presumption of delivery of shipments in the condition stated in the transport document.
14. Limitation of Actions.
Any claim by the Customer against NVGL arising in respect of any service provided for the Customer, or which the Company has undertaken to provide will be subject to the time limits included in the applicable international conventions or a specific local statute. Notwithstanding the above, any claim by the Customer against the Company shall be made in writing and notified to the Company within 14 days of the date upon which the Customer became, or should have become, aware of any event or occurrence alleged to give rise to such claim.
15. Reliance on Information Furnished.
Customer acknowledges that it is required to review all documents and declarations prepared and/or filed before Government Agencies and/or third parties, and will immediately advise NVGL of any errors, discrepancies, incorrect statements, or omissions on any declaration or other submission filed on Customers behalf. In preparing and submitting customs entries, export declarations, applications, security filings, documentation and/or other required data, NVGL relies on the correctness of all documentation, whether in written or electronic format, and all information furnished by Customer.
Unless requested to do so in writing and confirmed to Customer in writing and where permitted under applicable law, NVGL 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. All insurances effected by NVGL are subject to the usual exceptions and conditions of the policies of the insurers or underwriters taking the risk. Unless otherwise agreed in writing, NVGL shall not be under any obligation to effect a separate insurance on the Goods, but may declare it on any open or general policy held by NVGL. Insofar as NVGL agrees to effect insurance, NVGL acts solely as agent for the Customer.
17. Payment terms.
All charges and/or payments are exclusive of any tax, duty or fee imposed by any government or other authority and are subject to the addition of tax, duty, fee or charges at the appropriate rate. If any sum payable under this Agreement is not paid on the due date for payment, save where such sum has been disputed in writing, the party in default shall pay to the other at least 1% interest rate, plus 2% late payment fee. Such interest and penalty shall accrue on a daily basis provided that this right shall not prejudice any other right or remedy in respect of any such sum.
18.WARRANTIES AND INDEMNITIES BY THE CUSTOMER
I.The Customer (on behalf of itself, the consignor and the consignee) warrants to the Company that:
a. it will provide all documents, information and assistance required by the Company to comply with the requirements of the Government Authorities in an accurate and timely fashion as required by those Government Authorities;
b. it will retain all documents or records in the manner required by the Government Authorities;
c. it will observe all provisions of any Government Authority;
d. it will keep all and any information provided by the Company or any person acting on its behalf confidential save as where, the Company grants its permission to the customer to disclose such information or where, the disclosure of such information is required by law;
e. it has complied with all laws and regulations of any Government Authority relating to the nature, condition, packaging, handling, storage and carriage of the Goods;
f. the Goods are packed to withstand ordinary risks of handling storage and carriage, having regard to their nature;
g. the Goods are not Dangerous;
h. the Goods will not damage or cause loss to the Shipping Containers, other goods, or other equipment; i) the Goods and their carriage do not contravene any Laws;
i. the Customer is the legal owner of the Goods or legally entitled to authorise their carriage;
j. if the Customer acts for or on behalf of another party, that:
i. No claim will be made against the Company by any third party; and
ii. In the event that a claim is made against the company by an entity other than the customer that these Trading Conditions are enforceable against that party
II. The Customer acknowledges that a breach or failure to observe all or any of the warranties in subclause 18(I) could lead to penalties or damages to the Customer and also to the Company and the Customer agrees to provide the indemnity to the Company on account of such penalties or damages pursuant to clause 19.
19. AS FOLLOWS
I. Without limiting the effect of these Trading Conditions, the Customer agrees to indemnify and keep indemnified the Company for:
a) Amounts of Customs Duty, GST and other payments made to Government Authorities by the Company on behalf of the Customer;
b) Any penalties payable by the Company (pursuant to a Court order or pursuant to an Infringement Notice) due to the Customer:
i. providing information that is incorrect or misleading;
ii. omitting to provide material information required to the Government Authorities;
iii. providing information in a manner which does not enable the Company to comply with the requirements of the Government Authorities for reporting in prescribed periods; and
iv. failing to provide information or documentation requested by the Company;
c) Penalties associated with the failure by the Customer to maintain or provide its documents or records in the manner and at the time contemplated by the Government Authorities;
d) Penalties associated with providing misleading or deceptive information regarding the status of Goods;
e) All costs and liabilities, including charges payable by the Company for the use of Shipping Containers or transport equipment involved in Carriage as set out in the contract between the Company and the owner, lessee or operator of that Shipping Container or other transport equipment;
f) All hire and other charges for the Customer’s use of Shipping Containers or other transport equipment provided by the Company pursuant to the Company’s contracts with the owner, lessee or operator of that Shipping Container or other transport equipment;
g) Liabilities or costs incurred by the Company on behalf of the Customer associated with the transport of Goods including, without limitation, amounts payable pursuant to the Company’s contracts with other parties, for damage to or cleaning of Shipping Containers and other transport equipment (whether Sub-Contractors or otherwise and amounts incurred by the Company in exercising its rights pursuant to these Trading Conditions);
h) Damages payable by the Company arising from or contributed to by errors or misrepresentations by the Customer;
i) Losses and liabilities, including damages payable by the Company due to a breach of any of the warranties in subclause 18(1);
j) All expenses directly or indirectly incurred arising out of or in connection with the entry of an officer of any Government Authority or other authorised person on the premises of the Company for the purpose of exercising any powers pursuant to the requirements of any Government Authority and/or inspecting, examining, making copies of, taking extracts of documents on the premises;
k) Any Customs Duty, GST or other charge assessed against the Company in relation to the Goods or Services;
l) Any charges levied by Government Authorities for examination and treatment of the Goods; and m) Any Legal Fees and Administration Costs incurred by the company.
II. The Customer agrees to pay any amounts claimed pursuant to the indemnity in subclause 19(1) within 7 days of demand by the Company.
III. The nature of the indemnity provided pursuant to subclause 19(1) will include, without limitation, all penalties, liabilities and damages assessed against the Company and its officers and employees, together with all Legal Costs and Administration Costs incurred by the Company. The indemnity shall continue in force and effect whether or not the Goods have been pillaged, stolen, lost, damaged or destroyed and shall not be affected in any way if such pillaging, stealing, loss, damage or destruction has occurred or been brought about wholly or in part by the negligence or the alleged negligence or any default, omission, neglect or default or any breach of duty of obligation of the Company, its servants or agents.
IV. The Company, at its absolute discretion may elect to unpack the goods from any Shipping Container and make any goods (in whole or in part), available for collection by the person entitled to collect the goods in lieu of releasing the Shipping Container to any such person. The Company may undertake such election if it has grounds to believe Shipping Container charges may be incurred for any reason, or in circumstances where a person has refused to sign the Company’s equipment release agreement. The Customer will be liable for all costs and liabilities incurred by the Company in unpacking the goods
20. CUSTOMER’S RESPONSIBILITY
I. The Customer shall be liable for and shall indemnify the Company against all loss, damage, delay, fines, Legal Fees and Administration Costs and/or expenses arising from any breach of any of the Customer’s warranties in these Terms and Conditions or from any other cause whatsoever in connection with the Goods for which the Company is not responsible, including (but not limited to) any penalties or losses caused by any mis-description, overloading, inadequate packing, lashing or securing of Goods.
II. If Shipping Containers or other equipment are supplied by or on behalf of the Company are unpacked by or for the Customer, the Customer is responsible for returning the empty Shipping Containers or other equipment, with interiors clean, odour free and in the same condition as received, to the point or place designated by the Company, within the time prescribed by the Company. Should a Shipping Container or other equipment not be returned in the condition required, the Customer shall be liable for any loss or expense incurred as a result thereof. In addition, the Customer is also liable for any charges set out in the Company’s Day Rate Schedule relating to the use of the equipment as prescribed in the Company’s Day Rate Schedule.
III. Shipping Containers, transport equipment and other equipment released into the care of the Customer for carriage, packing, unpacking, storage or any other purpose whatsoever are at the sole risk of the Customer until redelivered to the Company. The Customer shall be responsible for and indemnifies the Company for all loss of and/or damage to such Shipping Containers and other equipment.
21. General Lien and Right To Sell Customer’s Property.
In accordance with the applicable laws, Company shall have a general and continuing lien on any and all property of Customer coming into Company’s actual or constructive possession or control for monies owed to Company with regard to the shipment on which the lien is claimed, a prior shipment(s) and/or both; Company shall provide written notice to Customer of its intent to exercise such lien, the exact amount of monies due and owing, as well as any ongoing storage or other charges; Customer shall notify all parties having an interest in its shipment(s) of Company’s rights and/or the exercise of such lien. Unless, within thirty days of receiving notice of lien, Customer posts cash or letter of credit at sight, or, if the amount due is in dispute, an acceptable bond equal to 110% of the value of the total amount due, in favor of Company, guaranteeing payment of the monies owed, plus all storage charges accrued or to be accrued, Company shall have the right to sell such shipment(s) at public or private sale or auction and any net proceeds remaining thereafter shall be refunded to Customer.
22. HIGH SEA SALE
In case of High Sea Sale agreement between the Customer and the Buyer and in view of the disposal of the goods on “high sea sale” basis, the buyer/Customer shall arrange clearance of the goods from customs at their own risk and responsibility, the entire clearing expenses viz. customs duties, clearing charges, octroi etc. will be borne either by the buyer or Customer or both and paid directly to the customs and / or NVGL. The buyer or Customer shall pay to concerned authorities all custom duties, fines, penalties, port/wharfage, demurrage/ handling/ transportation and other charges incidental to the unloading, stacking, handling and clearance of said goods through customs and port authorities.
23. SET OFF
All payments to be made by Customer to NVGL shall be made in full without any set-off, restriction or condition and without any deduction or withholding for or on account of a counter claim unless Customer is required by law to make such deduction or withholding.
24. No Modification or Amendment Unless Written.
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.
25. Force Majeure.
The Company shall be relieved of liability for any loss or damage if, and to the extent that, such loss or damage is caused by: (a) strike, lock-out, stoppage or restraint of labour, the consequences of which the Company is unable to avoid by the exercise of reasonable diligence; or (b) any cause or event which the Company is unable to avoid, and the consequences of which the company is unable to prevent by the exercise of reasonable diligence.
25. TRADING CONDITIONS NATURE OF SERVICES
1) The Company carries on business, including that of an international and domestic freight forwarder, transport and warehouse operator, customs broker, and any other business ancillary to such business. All services are provided by the Company strictly as agents only, except in the following circumstances where the Company acts as principal:
i. where the Company performs any Carriage, handling or storage of the Goods, but only to the extent that the Carriage is performed by the Company itself or its servants and the Goods are in the actual custody and control of the Company, or
ii. to the extent that the Company expressly agrees in writing to act as a principal.
2) All Services provided by the Company are governed solely by these Trading Conditions which, shall prevail over the Customer’s terms and conditions and any terms and conditions contained in any transport document including any bill of lading, waybill or consignment note except to the extent provided for in these Trading Conditions or as provided for by any mandatorily applicable law.
3) No modification amendments or other variation of the Trading Conditions shall be valid and binding on the Company unless made in writing and duly executed by and on behalf of the Company. The Company is not a common carrier and will accept no liability as such. The Company may refuse at its sole and absolute discretion to accept any Goods for carriage without assigning any reason.
26. ACCEPTANCE OF TRADING CONDITIONS
a) Any instructions received by the Company from the Customer for the supply of services shall constitute acknowledgement by the Customer that it has received, understands and agrees to be bound by the Trading Conditions and will be bound by the Trading Conditions. Such instructions received by the Company from the Customer for the supply of services and/or any supply of goods shall also constitute Authorisation for the Company to act on behalf of the Customer in accordance with the Trading Conditions.
b) Any other party receiving delivery of goods or other services from the Company, including but not limited to receivers of goods, acknowledges and agrees to be bound by the Trading Conditions and will be bound by the Trading Conditions from the time it has received delivery of goods or other services from the Company. Such party shall be deemed a “Customer” for the purposes of the Trading Conditions and shall have the same obligations as the Customer as set out in the Trading Conditions.
27. LIMITATION OF LIABILITY, FORCE MAJEURE AND INDEMNITY FROM LIABILITY TO THIRD PARTIES
1 Without limiting the effect of clause 18-19, to the full extent permitted by law, the Company its servants and agents shall not be responsible for loss or damage of any kind whatsoever or howsoever arising out of the provision of its Services to the Customer (whether caused by negligence or wilful default by the Company its servants, agents or any third party).The Customer further agrees to indemnify the Company in respect of any claims made by any party, including but not limited to any sub-contractor or third party concerning the provision of Services by the Company. The following matters are expressly covered by this limitation of liability and indemnity:
I. any liability to pay amounts to Government Authorities (including, without limitation, Customs Duty or GST) that would not have otherwise been payable including any penalties (including penalties imposed directly on the Company, its servants or agents as a result of their reliance on incorrect information provided by the Customer, consignor or consignee of the Goods, or their respective agents whether imposed by Court or Infringement Notice);
II. any liability concerning the making of any statement, forecast, information or giving advice in relation to the liability of the Customer to pay any amounts owing to any Government Authorities;
III. any liability in respect of the loss, misdelivery, deterioration, non-delivery, contamination, evaporation or damage to the Goods or consequential loss arising therefrom however caused;
IV. any loss or depreciation of market value attributable to delay in forwarding the Goods or failure to carry out instructions of the Customer;
V. loss, damage, expense or additional cost arising from or in any way connected with marks or brands on, weight, numbers, content, quality, description of the Goods;
VI. loss or damage resulting from fire, water, explosion or theft;
VII. loss, damage or delay occasioned by examination of the Goods by any of the Government Authorities;
VIII. loss, damage or delay occasioned by treatment of the Goods by any of the Government Authorities (including without limitation, any fumigation or decontamination.
IX. any costs incurred by the Company on behalf of the Customer to any other person in relation to the carriage of the Goods;
X. loss, damage or delay occasioned by delay in the carriage of the Goods or handling of the Goods in the course of the carriage of the Goods; and
XI. any loss, damage or any amount due in respect of any Shipping Containers, any other transport equipment, Goods or other equipment.
2 The Customer undertakes and warrants that neither it, nor any other party that has an interest in the Goods or Services, shall bring any claims against any party that has provided all or any part of the Services (including any Sub-contractor, principal, employer, employee or agent of the Company) and where any such claims are made by the Customer or any other interested party, the Customer undertakes to indemnify all parties against whom the claims are made (including the Company) against any loss and damage that may be suffered as a result of such claims. In the event that the Company in its absolute discretion pays a claim made by a third party in relation to the Goods or the Service, the Customer shall indemnify the Company on demand in full and the Company may recover all Legal Costs and Administration Costs incurred in doing so from the Customer.
3 The Company shall not be liable in any event for any special, incidental, or consequential damages, including, but not limited to, loss of profits, income, utility, interest, or loss of market, whether or not the Company had knowledge that such damage might be incurred.
4 No liability by the Company will arise to the Customer or third parties, including those persons with an interest in the Goods, in respect of the release by the Company of a delivery order (or the delivery of the Goods by the Company) to any person who is entitled to that delivery order or delivery, whether or not a duly executed original bill of lading has been presented to the Company. The Customer agrees to indemnify and keep the Company indemnified for all damages payable by the Company in relation to the said release by the Company of a delivery order (or the delivery of the Goods by the Company).
5 . Where the Company for whatever reason releases any Shipping Container or goods to the customer where the Company has not been presented with a duly executed and endorsed original bill of lading for those goods, the customer agrees to indemnify and keep the Company indemnified for all and any loss or damage whatsoever and howsoever arising that may be payable by the Company in relation to the release of such goods. Payment by the Company upon demand from the consignor arising out of the release shall be sufficient for the Company to recover from the Customer. Further, the Customer shall not be entitled to any offset for any money owed to it by the consignor. If any proceedings are commenced against the Company by a third party, the customer will forthwith agree to take over and defend any such action on the Company’s behalf.
6. The Company and Customer acknowledge that Goods moving by airfreight are subject to the applicable international treaties including the Convention for the Unification of Certain Rules relating to International Carriage by Air, signed in Montreal in 1999 (Montreal Convention). If Goods are lost or damaged while in the possession of the airline carrier, the airline carrier’s liability is limited to the maximum amounts of liability applicable at any time, as set out in the Montreal Convention with subsequent increases. However, if any mandatory applicable laws provide for different limits of liability, those different limits will apply. The Customer’s recovery of any loss or damage is against the airline carrier and is limited in accordance with these or any other conventions that may be applicable. In the event of any loss or damage suffered by the Customer whilst the Goods are in the possession of the airline carrier, the Company will seek to recover on behalf of the Customer from the principal airline carrier amounts payable by these conventions as they are applicable. The Customer will indemnify, defend and hold the Company harmless against any claims for loss or damage to their Goods incurred whilst they were in the possession of the airline carrier.
7 . The Company and Customer acknowledge that Goods moving by seafreight are subject to the applicable international treaties including the International Convention for the Unification of Certain Rules relating to Bill of Lading signed at Brussels on August 25, 1924 (the Hague Rules), or those rules as amended by the Protocol signed at Brussels on February 23, 1968 (the Hague Visby Rules) and the SDR Protocol (1979). However, if any mandatory applicable laws provide compulsorily for different limits of liability, those different limits will apply. The Customer’s recovery of any loss or damage is against the seafreight carrier and is limited in accordance with these or any other conventions that may be applicable. In the event of any loss or damage suffered by the Customer whilst the Goods are in the possession of the seafreight carrier, the Company will seek to recover on behalf of the Customer from the carrier amounts payable by these conventions as they are applicable. The Customer will indemnify, defend and hold the Company harmless against any claims for loss or damage to their goods incurred whilst they were in the possession of the seafreight carrier.
8 . The Company and Customer acknowledge that Goods moving by airfreight or seafreight may necessary VISA Global Logistics | Standard Trading Conditions | Effective from May 2012 15 involve a part of transport undertaken by other means in order to comply with the terms of carriage under this or any contract between the parties. Where this is so, and no international treaty is applicable which covers the additional transport, the Customer’s recovery of any loss or damage is against the carrier and is limited in accordance with the convention applicable for the majority of the transport, even where that convention does not envisage liability of the kind of transport concerned. In the event of any loss or damage suffered by the Customer whilst the Goods are in the possession of a third-party carrier, the Company will seek to recover on behalf of the Customer from the carrier amounts payable by these conventions as they are applicable. The Customer will indemnify, defend and hold the Company harmless against any claims for loss or damage to their Goods incurred whilst they were in the possession of the third-party carrier, where such carriage was necessary in order to comply with the terms of the contract.
28. Governing Law; Consent to Jurisdiction and Venue.
These terms and conditions of service shall be governed in accordance with the laws of India and the courts of Delhi shall have the exclusive jurisdiction. Any dispute, claim, or controversy shall be finally settled by arbitration at Delhi by sole arbitrator to be appointed in accordance with Arbitration and Conciliation Act, 1996