STANDARD CONDITIONS OF TRADING
All contracts whether verbal or in writing are entered into by the company subject to the following conditions and it is implied that any party engaging in business with the company fully accepts these conditions. In these conditions the company means R.F. Conway & Company Limited. The customer means any person, persons or party contracting with the company whether directly or through an agent.
1. The company reserves the right to refuse to accept, handle, carry or warehouse any class or category of goods.
2. It is an implied condition that all goods presented for handling shall be securely and properly packed so as not to cause damage or injury or the likelihood of damage or injury to the property of the company or any other goods, whether by spreading of damp, infestation, leakage, the escape of fumes or substances or by reason of the goods themselves being hazardous or dangerous goods or otherwise. The customer shall indemnify the company against all claims of any nature arising out of or in any way connected with any such damage or injury.
3. All rents are charged on a weekly basis (Saturday to Friday) and are liable to be increased at any time upon the company sending the customer notice in writing at least seven days before such an increase comes into operation. Upon the notice of such an increase the customer will have the option of removing the goods from the company’s property on payment of all charges accrued up to the date of removal. If the goods are not removed before the increase comes into operation the customer shall be deemed to have accepted the increase and will be liable accordingly.
4. At least 24 hours notice of intention to deliver or collect goods to/from the company will be given to the company and no vehicle will be loaded or unloaded unless it reports to the company at least two hours before normal closing time and unless agreed in writing the company will not receive or deliver goods on a Saturday, Sunday, Holiday or outside working hours.
5. The company shall have a lien on all goods handled in respect of charges due to the company and where necessary shall have the right to dispose of goods to recover charges due. All charges fall due for payment prior to release of cargo or documents.
6. Any expense or loss incurred by the company in consequence of the Weights and Measures Act 1963 or of any instrument made thereunder shall be reimbursed or paid by the customer to the company.
7. Except by special arrangement the company shall not be obliged to provide any weighing or measurement facilities. However, in order to establish weight or measurement the company shall have the right to have the goods weighed or measured at the expense of the customer. The weight established by the company will be the weight used for the purpose of calculating handling charges.
8. The company shall have the right at any time upon no less than seven days notice in writing to the customer to require the removal of any goods in the custody of the company upon payment of all charges and monies due to the company up to the date of such removal and in default of such removal the company shall be entitled at the expense of the customer and without being liable for loss to make such arrangements for the removal or sale of the goods as the company shall think fit.
9. All goods stored (in warehouse or otherwise) shall be at the sole risk of the customer who should make full arrangements for insurance to cover the goods as he may think fit.
10. Not withstanding any quotation, estimate, consignment note receipt or any other document no condition or warranty shall be implied in any contract between the company and the customer that any goods or cargo will be received, delivered, discharged or loaded within any specific time or at any particular place.
11. Not withstanding any neglect or default of the company whether or not caused by negligence the company shall not under any circumstances be liable for any claim for any loss or damage to or deterioration caused or contributed to by:
any delay in reception, transmission or delivery of goods
any inherent vice or defect in the goods or unsuitable or insufficient packaging thereof
Strikes, lockout, fire, civil commotion, riot, wanton destruction, floods, burst pipes, water or dampness, impact with any vehicle, and the perils of aircraft damage and explosion.
theft or pilferage
damage by pests vermin or other animals or neglect by the company or their servant or agent whether or not acting in the course of their employment. Under no circumstances shall the company be liable for consequential loss.
12. The company will not entertain any claim unless notified in writing by the customer within seven days of delivery/receipt of the goods.
13. The liability of the company shall in no case exceed the total aggregate sum at the rate of thirty Euro per tonne of weight of the goods in respect of which the claim arises.
14. Any notice required to be served on the customer shall be deemed to have been duly served if left at or sent by prepaid post to the customer at his last known abode or principal place of business, and shall if sent by post to the customer at his last known abode or principal place of business be deemed to have received on the day on which in the ordinary course of post such notice would have reached him.
15. The company shall not be responsible for any loss, damage or delay to cargo stored on quays or wharves or storage area during the period before loading or after discharge irrespective of how such loss or damage or delay arises. Goods are handled and stored at customer’s risk in every respect and the company will not be liable for loss by fire, theft, weather or any other circumstance.
16. All rates quoted are given on the basis that work will be conducted within normal working hours and excluding Saturdays, Sundays and holidays. Any work undertaken outside these times will be by arrangement with the company in writing and additional expense will be paid to the company by the customer.
17. Any rates given are based on information given to the company by the customer at the time of quotation. Any additional costs which result as a result of poor information, non-disclosure of information or non performance by the customer or his servants or agents will be payable by the customer. Any quotations given are good for a maximum period of 30 days and may be changed at the discretion of the company as it sees fit.
18. No customer of the company or their agent or servant will be entitled to retain charges on account of any claim or alleged claim.
19. The company will not be responsible for demurrage charges arising on any vessel irrespective of how the charges arise. Loss, detention, delay or damage consequent upon strikes, lockouts, stoppage or restraint of labour whether partial or general. Losses caused by wrong delivery or collection or despatch resulting in non delivery or consequential losses caused thereby.
20. The company reserves the right to alter its charges at seven days notice in writing to the customer. The company also reserves the right to alter its trading conditions at short notice.
21. The company shall not accept or entertain claims for damage to ships or their equipment which occurs during the course of discharge by normal discharge methods.
22. Ship’s gear left on the quayside will be at the owner’s risk and the company will not accept liability for damage to same or any claim in respect of same.
23. Operators delivering /collecting goods are responsible for securing and making safe all loads irrespective of the nature of the goods loaded.
24. Any company using the port for the shipment of goods which are regulated by any statute, permit or legislation are fully responsible for ensuring that their material and related documents are Compliant with such legislation, permit or statute