Terms & Conditions
Important Advice to Customers
By the conditions set out below, Next Terra International SAS., (hereinafter referred to as the Company) and its servants, and agents are not to be liable at all for certain losses and damages and, if they are to be liable, the amount of liability is in all circumstances limited to the amount stated.
Customers are therefore advised to seek their own insurance cover in any areas in which liability and fault are not clearly accepted by the company.
Terms & Conditions
- The Company will only carry documents and goods which are the property of the Customer, or the authorized agent of the Customer, and the Customer, or the authorized agent of the Customer, warrants that it is authorised to accept and is accepting these conditions not only on behalf of itself but also as agent for on behalf of all other persons who are or may hereafter become interested in the documents or goods. The Customer, or the authorized agent of the Customer, hereby undertakes to indemnify the Company against any damages, costs and expenses from any breach of this warranty.
- Any business undertaken by the Company is carried out subject to the conditions hereinafter set out, each of which shall be deemed to be incorporated in and to be a condition of any agreement whether written, oral or implied between the Company and the Customer. The Company shall not be bound by any agreement, purporting to vary these conditions unless such agreement shall be in writing and signed on behalf of the Company by servant or agent expressly authorised to do so. These conditions shall constitute the entire agreement between the Company and each of its Customers.
- If any legislation, regulation or directive is compulsorily applicable to any business undertaking by the Company, these conditions shall, as regards to such business, be read as subject to such legislation, and nothing in these conditions shall be construed as a surrender by the Company of any of its rights or immunities or as an increase of any of its responsibilities or liabilities under such legislation, and if any part of these conditions be repugnant to such legislation to any extent, such part shall as regards such business be overridden to that extent and no further.
- The Company is not a common carrier, and will only carry documents or goods subject to these conditions which can only be altered in accordance with clause 2 above. The Company reserves the right to refuse carriage or transportation of any document or goods for any person, firm or company and the carriage of transportation of any class of documents or goods at its absolute discretion.
- The Company undertakes, subject to payment in accordance with rates notified to the Customer from time to time to carry the Customer’s documents and goods between destinations agreed between the Company and the Customers. The Company reserves the right to carry the Customers documents and goods by any route and procedure and by successive carriers and according to its handling, storage and transportation methods. When the Company contracts as a principle for any service, it shall have the full liberty to perform such services itself, or, to subcontract on any terms whatsoever, the whole or any part of such services.
- The Customer shall pay the Company for each individual document or goods transported by the Company against an individual Company consignment note. Payment by Customer should be prompt and in accordance with the Company’s standard credit terms. No deduction or retention should be made by the Customer on account of any alleged claim against the Company for compensation or otherwise. Should the payments not be made within the Company’s standard credit terms the Company reserves the right to apply a 2% interest charge per month against the overdue balance until the overdue balance is paid to the Company. The Customer should notify the Company within 10 working days of receipt of the Company’s invoice of any invoicing queries or disputes.
- Should the Customer, or receiver of the documents or 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 documents or goods at the sole risk of the Customer whereupon the Company’s liability in respect of the documents or goods shall wholly cease. Any storage costs incurred by the Company as a result of failure by Customer or receiver to take delivery shall be deemed as owed charges to the Company and as such storage costs shall be payable by the Customer. Any documents or goods that have been held by the Company for 90 days and which cannot be delivered as instructed the Company shall be entitled, at the expense of the Customer, to return to the Customer or dispose of by sale or otherwise.
- In all and any dealings with H.M. Revenue & Customs for and on behalf of the Customer and/or receiver, the Company is deemed to be appointed to act as Direct Representative only.
- The Company will notify the Customers from time to time of any materials which are not accepted by the Company for carriage (and in this regard see clause 18). The Company reserves the right, but is not obligated, to inspect the documents and goods consigned by its Customers to ensure that all documents and goods are capable and acceptable for carriage to the country of destination within the standard operating procedures, customs declaration and handling methods of the Company. In making a reservation the Company does not warrant that any particular item to be carried is capable of carriage and delivery without infringing the law of any country or state from, to or through which the item may be carried.
- Any rates quoted by the Company for carriage are exclusive of any value added tax, duties, levies, import fees, deposits or outlays (collectively ‘customs fees’) incurred in respect of carriage of the Customer’s documents or goods. Unless otherwise indicated by the Customer by endorsement in the space provided on the consignment note the receiver shall be liable for any customs import fees. The customer shall be liable for such customs fees in the event of default in payment by the receiver. The Company will not be liable for any penalties imposed or loss or damage incurred on Customers documents or goods due to the Customers inaccurate or incomplete declaration of the same, and herby indemnified the Company against any such penalty or loss.
- The Company should have a general lien on all documents and goods relating to the Customer in its possession, custody or control for all sums due at any time to the Company from the Customer on any account whatsoever. Also the Company shall be entitled, on at least 45 days notice in writing to the Customer, to sell or dispose of such documents or goods and apply the proceeds in or towards the payment of such sums.
- The packaging and full and accurate shipping documentation of the Customers documents or goods for transportation is the Customers responsibility including the placing of the documents or goods in any container which may be supplied to the Customer by the Company. The Company accepts no responsibility for loss or damage to documents or goods caused by inadequate or inappropriate packing. It is the sole responsibility of the Customer to address adequately each consignment of documents and goods to enable effective delivery to be made. The Company shall not be liable for delay in forwarding or delivering resulting from the Customers failure to comply with its obligations in this respect.
- The Customer is liable for all losses, damages and expenses arising as a result of not comply with its obligations under this Agreement or as a result of its negligence.
- The Company is responsible for the Customer’s documents or goods whilst they are within its custody or control and shall be liable subject to clause 2 hereof for loss sustained by the Customer due to damage to or loss of the documents or goods whilst in the Company’s custody provided that such loss or damage was due to the negligence of the Company, its servants or agents. Save as aforesaid the Company shall be under no liability in respect of the documents or goods carried by it and in particular shall not be liable for consequential loss however the same shall arise. The parties agree that consequential loss shall be deemed to include without restriction commercial, financial or other direct loss including loss of interest and utility.
- The Company shall not be liable for any loss or damage incurred by the Customer due to any delays in carriage or delivery of documents or goods which are beyond the control of the Company.
- The liability of the Company under these conditions shall be limited to the payment by the Company by the way of damages of a sum not exceedingGBP50.00 or its equivalent per consignment. For the purpose of establishing the amount of the Company’s liability under this clause the value of a document or the goods shall be ascertained by reference to their replacement or reconstruction value at the time and place of shipment without reference to their commercial utility to the Customer and other of consequential loss.
- Any claim brought by a Customer against the Company hereunder in respect of duties and liabilities must be notified by the Customer to an office of the Company in writing within 14 days of the day when the document or goods should have reached their destination. The Customer will pay to the Company all sums when due immediately and without reduction or deferment on account of any claim, counterclaim, or off-set.
- The Company will not carry, (in addition to those items mentioned in clause 9hereof), but not limited to, dangerous, hazardous, combustible or explosive materials, bullion, coin, dust, cyanides, precipitates, or any form of un-coined gold and silver ore bullion, platinum and other precious metals, precious and semi-precious stones of any nationality, negotiable securities, stocks, bond certificates, un-cancelled postage or revenue stamps, blank or endorsed in blank cashier’s cheques, money orders or traveller’s cheques, antiques, firearms, foodstuffs, jewellery, pictures, livestock, plants, human remains and in the event that any Customer shall indemnify the Company for all claims, damages and expenses arising in connection therewith and the Company shall have the right to deal with such items as it shall see fit including the right to abandon carriage of the same immediately upon the Company having knowledge that such items infringe these conditions. The right of inspection referred to in clause 9 shall also apply for the purpose of this clause.
- The Company is not an air transport undertaking within the Warsaw Convention 1929 and subsequent air carriage treaties and legislation. The Company acts as agents for its Customers when consigning documents or goods with a particular airline for onward carriage, and without prejudice of its general right of subrogation hereunder. The Company shall have the right to recover compensation from any airline for loss, damage or expense incurred by any Customer on behalf of that Customer.
- The Customer shall indemnify the Company and agrees to indemnify and hold harmless the Company and any employee, agent, or subcontractor of the Company on a full indemnity basis in respect of all liabilities, costs, claims, damages, proceedings and expenses arising out of any Customer’s breach of their obligations in regards to these conditions. The Customer shall also indemnify the Company and also agrees to indemnify and hold harmless the Company and any employee, agent, or subcontractor of the Company on a full indemnity basis in respect of any expenses incurred as a result of the Company’s inability for any reason beyond its control to convey or deliver the documents or goods to the receiver. Also any claims, costs or demands by third parties relating to the documents or goods, and any unusual expenses incurred by the Company as a result of it providing the services to the Customer.
- These conditions and any act or contract to which they apply shall be governed by French law and any dispute arising out of any act or contract to which these conditions apply shall be subject to the exclusive jurisdiction of the French courts.