GENERAL TERMS AND CONDITIONS OF SERVICE OF OUR BUSINESS
It is hereby informed through these Terms and Conditions of Services in respect of all third parties entering into contract with our Organization with respect to any business or venture then in such case the following Terms of Service laid down herein below shall be binding on all the parties dealing with our organization unless specifically and expressively mentioned by our Organization. The Terms of Service is more particularly mentioned herein below: -
1. APPLICABLITY: -
If by any law or practice relating to transport or any other sectors which is mandatory in respect of Services so provided by our Organization, only than this Terms of Service with respect to our related services so provided shall be exempted from this Terms of Service mentioned herein and further these would be applicable in case of any such Legislation of the nation applicable therewith. It is pertinent to note that the Terms of Service so laid down herein under are statutorily and mandatorily binding in respect of any contract entered into with any third party with our organization and no Terms mentioned herein shall be exempted to anyone unless expressly declared by our Organization. In case of contravention of any law in respect of these Terms than only such clauses shall be exempt except or otherwise. It is pertinent to note that it is hereby declared to all Merchants, Vendors, Suppliers and other professionals hereof that the Alphard Marine Services Pte Ltd. shall only be acting as agents on behalf of any party being Principal to our agency services for rendering the services than we shall not be responsible for any liability while performing the services either on or behalf of the Principal.
2. DEFINITIONS: -
For the sake of convenience and brevity the words, phrases and abbreviations used in this Terms of Service are more particularly mentioned herein under: -
a. “Organization” includes Alphard Marine Services Pte Ltd and its associates, subsidiaries and or interlinked group companies or any other company or entity performing under the Instructions of Alphard Marine Services Pte Ltd.
b. “The Company” shall mean and include Alphard Marine Services Pte Ltd and all other group subsidiaries
c. “Services” shall mean and include all services provided by the organization for which consideration, commission, agency fees or any consideration of other kind is charged for the same.
d. “Vendors and Supplier” shall mean and include any party so hired to supply goods and Services to the Company and Organization or Merchant through the Company.
e. “Principal” shall mean the Company or Person who has or whose representatives have instructed the Company and who is the Owner or Charterer or Operator or Manager of the vessel represented by the Company and/ or the Company.
f. “Goods” shall mean all kind and types of goods including any all parts and parcels of any packaging material or container and or any other equipment’s or materials necessary in the course of business.
g. “Representative” shall mean any personal of the Alphard Marine Services Pte Ltd. for the reference.
h. “Services” shall mean and include all the services which are provided by Alphard Marine Services Pte Ltd. to the Merchant and or any Vendor or Principal, whether or not for reward and / or fee, commission or consideration of any other kind.
i. “Supplier” shall mean and include the company or person who contracts to supply Services or Goods to the Principal or Merchant through the Company.
j. “Written notice of Termination” shall include any notice mentioning in writing via email or letter intimation about the written notice.
k. “Merchant” shall mean and include person who ships, receives, owns or forwards Goods or holds the bill of lading in respect of which our Organization whether as agent or principal, has agreed to provide or procure services.
3. TERMS AND CONDITIONS FOR CONTRACT WITH PRINCIPAL
a. The Principal shall indemnify our Organization from all liabilities incurred by our Organization on behalf of the Principal and shall also indemnify our Organization while providing Services to the Principal as well. The Principal hereby guarantees and indemnifies from all third party claims, charges, losses, damages, taxes, duties, costs and expenses, legal costs and any other costs raised upon the Organization during the performance of any Services.
b. The Principal shall promptly pay through wire transfer/net banking/IMPS/ or any other way of payment method through banking system to the Bank Account of our Organization such consideration or sum which shall be incurred by our Organization as an advance payment or any charges for port disbursement with respect to estimation so provided by the Organization in reference to the expenses on Principals Vessel of which our Organization is appointed as an Agent. In case of any failure to abide by the requests of our Organization by the Principal, then in such a case the Organization shall be at free will to issue a notice of termination.
c. Our Organization shall have full liberty to deduct any amount due by the Principal in case of any on account payments of Principal withheld by our Organization. On instructions from the Principal, our Organization shall appoint sub-agents and or third party professionals on behalf of the Principal as per requirement thereof and the cost of which shall be payable by the Principal and such services shall be subject to these terms and conditions thereof.
d. It is totally made clear that all expenses, charges or losses incurred on behalf of the Principal shall be borne at the Principal’s costs and expenses.
e. The Principal shall be under the obligation to issue a written notice of termination of the agency for six months in advance.
f. In case of any circumstance where our Organization is required to provide input, file or register any data with respect to port services or facility in compliance with the International Ship and Port Facility Security Code with skill and expertise of our Organization within prescribed timeline than in such cases our Organization clearly declares and states that we shall not be responsible for the accuracy and correctness of data and information so provided by the Principal and/or in case of time bound issues where the Principal fails to comply with the same and any loss or damages arising out of the said situation our organization shall not be liable to pay the same in any way and the Principal shall not claim any amounts against the same. Principal shall indemnify our organization in case of any such circumstances mentioned above and our organization shall merely act as an agent and shall not be liable for any damages towards Principal under any circumstances.
4. TERMS AND CONDITIONS FOR CONTRACT WITH SUPPLIERS/ VENDORS: -
a. Any Supplier who shall deal with our Organization with respect to our Organization acting as an agent of any type (i.e. port agent, Liner agent etc.) to any Principal than in such cases the liability of the Supplier will be to the Principal and no claims shall be raised upon our organization i.e. Agent for the same. Our Organization denies to pay any debt or expense due by the Principal to the Supplier incurred in the due course of rendering our services unless specifically provided in writing.
b. With respect to above clause, it is pertinent to note that our Organization is acting as an agent to the Principal and that our organization as an agent shall possess all rights on behalf of the Principal and or Merchant to enter into contracts with suppliers, but in no case our Organization will be personally responsible to pay any debt due to the Supplier by the Merchant.
c. It is pertinently clear to all Vendors and Suppliers that we shall not be liable to pay any loss, damage, expenses or consideration or any such sum which is due and payable by the Principal or the Merchant to the Vendor. All claims of the Vendors shall be against the Principal or the Merchant none of it shall be our responsibility in any way unless expressed exclusive in writing.
5. TERMS AND CONDITIONS OF CONTRACT WITH MERCHANT: -
a. Our Organization hereby declares that while acting as an Agent for the Principal we shall be merely acting as agents and shall have authority to enter into contract with Merchants in respect of requisitions and completion of work of the Principal. Our Organization shall not be personally responsible for the same in any circumstances unless provided in writing exceptionally.
b. Our Organization while acting as an agent to the Merchant or as a principal the Merchant hereby gives all rights to our Organization to act as owners of the Goods owned by the Merchant on their behalf.
c. In the circumstances where our Organization arranges Services for the Merchant’s Goods which are or will be carried in accordance with a contract with the Principal contained in or evidenced by a bill of lading, charter party or other contract of regiment, all Services including forwarding Services are arranged by Our Organization as Agent for and on behalf of the Principal. The provision of such Services shall be subject to the terms and conditions of the Principal’s bill of lading and tariff rules (if any), which may be inspected on request, or other contract between the Principal and the Merchant.
d. Our Organization hereby states that any services rendered for the goods of the Merchant as a forwarder not withstanding in capacity as an agent or a principal these terms mentioned herein shall be applicable.
e. Our Organization shall issue all bill of lading covering the expenses for transportation and other cost as and when required in respect of the Merchant’s Goods, in any such event such terms shall prevail.
f. Our Organization hereby states that if it shall enter into contract as a principal for any services than shall have full discretion to enter into contract with third party sub-contractors. in respect of its contracted Services as per necessity and instructions of our Customers subject to trading conditions of such third parties.
g. Our Organization shall be relieved of all liability and no Merchant shall hold us responsible for loss or damages if any of the following situation exist as under:-
i. the act or omission of the Merchant or his representative or any other party from whom the Company took charge of the Goods;
ii. inherent vice of the Goods, including improper packing, labeling or addressing;
iii. handling, loading, stowage or unloading of the Goods by the Merchant or any person acting on his behalf other than the Company;
iv. seizure, forfeiture or detention under legal process;
v. riot, civil commotion, strike, lock out, general or partial stoppage or restraint of labour from whatever cause;
vi. any consequence of war, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, acts of terrorism or sabotage, rebellion, revolution, insurrection, military or usurped power or confiscation or nationalization or requisition or destruction of or damage to any property or Goods by or under the order of any Government or public or local authority.
vii. any cause or event which the Company was unable to avoid and the consequences whereof the Company was unable to prevent by the exercise of due diligence.
h. Our Organization shall not be responsible for availing insurances except when expressly provided by the Merchant wherein there shall be specific Agreement and Addendum and in all cases wherein any such insurance is availed then it shall be subject to the conditions of the Insurer.
i. Our Organization declares that in case Organization provides any additional services for the goods of the Merchant than in such cases the Merchant assigns and delegates all rights to enter into contract and our organization shall act as authorized representative for the Merchant as per necessity. All such additional services availed shall be for the merchant and charges and expenses incurred shall be reimbursed by the Merchant with all taxed or charges or penalties applicable thereof.
j. Merchant shall authorize all rights to our Organization and our Organization shall have full authority to act as an Authorized representative of the Merchant.
k. Our organization shall not provide Services for good of dangerous or damaging nature except when exceptionally having written contract. In any circumstances on our Organizations discretion if it feels the goods are of dangerous nature even after expressed contracts estimates or doubts that such goods constitute a risk thereof to the property than in such cases shall inform Merchant to remove such goods and shall provide a reasonable place and situation to remove such goods. In case of Merchants failure to provide any information in respect of any such goods the Merchant shall be solely responsible for all costs, losses and damages and also shall be responsible to pay to our Organization in respect of such damages or expenses or cots if any.
DECLARATION TO ALL PARTIES ENTERING INTO CONTRACT: -
It is pertinent to note that all Vendors, Principals, Suppliers, Merchants or any Third Party entering into contract with our organization have read the above Terms and Conditions and by their free will agree to enter into contract with us. Further, they shall not claim any amounts due as expenses, charges, fees, losses, damages and or any such sums from our Organization when we are acting as agents for the Principal and all claims shall directly lie upon the Principal and or Merchant thereof. All the aforesaid parties and third parties enter into contract with our Organization are well aware of our Organization and agrees that we are merely acting as an agent. These Terms and Conditions are mandatory and it is pertinently clear to the public at large that any party entering into contracts with ALPHARD MARINE SERVICES PTE LTD i.e. Our Organization have read this General Terms and Conditions carefully and agrees thereof and proceeds to deal with us.