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IT IS AGREED THAT
This agreement (“Agreement”) comprises: (1) The terms set out below, any additional Instructions or terms appearing on the Website in relation to the Services
(2) And any terms from time to time agreed between the parties and described as special terms
(3) And Clauses mentioned in the Container Release order
This Agreement is made between
M/s Acquatic Container Lines Private Limited (hereinafter “LINE”)
Shipper/ Freight Forwarder/Agent (hereinafter referred to as “Customer”) (Strike out those who are not involved)
The named customer in the Container Release order (herein after referred to as “CRO”) has requested and given a confirmed booking to M/s Acquatic Container Lines Private Limited for containers mentioned above and M/s Acquatic Container Lines Private Limited has accepted the same subject to conditions stipulated in this Agreement.
The date mentioned in the CRO will not be considered while issuing the Bill of Lading (herein after referred to as the B/L) and the date mentioned on the B/L will be the date on which the Shipment is ready for transit /or is the onboard date/has been received for shipment.
Line will bill rentals and other charges (will be notified separately) from the date of delivery of the Containers or as per the agreed commercial terms.
The Customer will promptly pay all charges applicable for any Service within the time specified and the payment shall be made in the manner specified in the commercial terms or as otherwise specified by Line.
All sums specified/agreed as per the commercial agreement or otherwise are exclusive of any taxes relating to the services which shall be paid by the Customer at the applicable rate.
The Customer shall be responsible and liable for the equipment hired for export stuffing from the date it is delivered to him and shall indemnify and hold the Line harmless from any costs and consequences arising from the said date till the laden Container enters the Port for onboard loading or till the date the defect free empty container is returned to the Depot of the Line.
Containers released into the care of the Customer for packing, unpacking or any other purpose whatsoever are at the sole risk of the Customer until redelivered to the Carrier. The Customer shall indemnify the Line for all loss of and/or damage and/or delay to such Containers. Customers are deemed to be aware of the dimensions, fitness and capacity of any Containers released to them.
The Customer shall inspect Containers before picking them and the use of Containers shall be prima facie evidence of their being in sound and suitable for use. The Customer undertakes to use the containers only for stuffing of cargo for export purpose and not to misuse them and undertakes to the return the defect free laden container in the time specified as per the commercial terms.
The Customer will be fully liable for all costs and consequences arising in case vessel/ Container is detained with contraband, drugs or any of the items not permissible by law, being found in the container belonging to the Line. The Customer is fully liable once the container is released/delivered to him, while the same is with the line and while the same is enroute. It is also agreed that the Customer will hold the Line harmless from any and all consequences arising from mistakes and or errors and omissions of all sorts made by the Line in the issuance of manifests and or bills of lading and or in supplying details.
M/s Acquatic Container Lines Private Limited will not be held responsible with respect to its failure to perform any term or condition of this agreement if such failure is due to civil, war, hostilities, commotion, rebellion, sabotage, strikes, labour disputes, work slowdowns or work stoppage, governmental (national, state, territorial, prefectural, municipal or other) regulations, control or actions, acts of God or any other cause whatsoever beyond the control of the party.
The Containers released to the Customers are at the risk of the Customers and Customer will be liable for any loss or damage caused to the Containers and cargo stuffed in the Container due to theft, accident or any other reasons whatsoever except due to Force Majure or Act of God.
Acquatic Container Lines Private Limited shall issue its own bill of lading and other appropriate documents to the actual shipper to the extent of actual units loaded.
In so far as the liability with regard to containers is concerned the Governing Law shall be Indian Law
No party to this agreement is deemed to be agent of the other for the purpose of this agreement.