This Conditions of Contract Agreement explains the rights, obligations and responsibilities of both Oman Arabian Shipping Agency LLC (hereby called SPB LLC) and the Customer in relation to removal and storage services provided by DASA. Alternative Conditions will only apply if agreed in writing by a duly authorized representative of SPB LLC.
This Agreement is subject to the laws of the United Arab Emirates.
In these Conditions ‘We’, ‘Our’ and ‘Us’ refer to SPB LLC and successors in title; ’You’ and ‘Your’ refer to the customer or the customer’s agent. We handle, remove and care for your property only under these Conditions.
This quotation is valid as long as your removal or storage takes place within 3 months of the date of this quotation. We may amend our quotation if:
a) the quotation is not accepted or you ask us to carry out other work, after 3 months of the date of this quotation, in which case we will provide you with a further quotation; or
b) you ask us to remove or store additional goods or provide additional services. In such circumstances you must tell us as soon as possible after receipt of this quotation so that we can inform you of any price increase. If you tell us on the day of removal, the additional goods will not be removed and the additional services will not be provided until a further price has been agreed with us; or
c) additional resources or services are required because of unforeseen access difficulties. Additional resources or services will not be provided until a further price has been agreed with us; or
d) goods are handed to you from stores or you require inspection facilities whilst your goods are in store; or
e) the work is carried out on a Friday or public holiday at your request, unless agreed by us in writing before the date of this quotation; or
f) our costs are increased due to changes in the value of foreign currency, taxation or freight charges outside our control; or
g) our overheads or operating costs are increased due to circumstances beyond our control; or
h) we agree in writing to increase the limits of liability set out in this Conditions of Contract Document.
WORK NOT INCLUDED
Unless agreed otherwise in writing before the date of this quotation, our price does not include taking down or putting up self assembly kit furniture, fixtures and fittings, disconnecting and connecting domestic or other appliances and fittings, taking up or laying fitted floor coverings, moving loaded freezers or refrigerators, moving storage heaters not dismantled or any other items we specifically exclude in writing.
If any of our employees carries out such work, at your request, and without our prior written agreement, they do so without our authority and outside the terms of their employment with us. We shall not be liable for any loss or damage which may occur in carrying out such work. Should you wish to move such items, we recommend that you seek advice from the manufacturer, retailer, or other suitably qualified person.
DECLARATION OF OWNERSHIP
By accepting this Conditions of Contract Document you declare that the goods to be handled are either your own property free of any legal charge or burden on them or that you have the full authority of the owner or anyone having a legal interest in them to enter into this contract on their behalf. You agree to fully indemnify us on demand against any claims, charges or liabilities, losses arising as a direct or indirect consequence of any claim to the goods made by another person, including in each case, without limitation, each loss, liability and cost incurred as a result of defending or settling a claim alleging such liability, cost, loss or damage. If any other person has or obtains an interest in the goods you must advise us of their name, the nature of their interest and address in writing immediately.
YOUR RESPONSIBILITIES
You agree:
a) to be present or represented throughout the removal to ensure that nothing that should be removed is left behind and nothing is taken away in error;
b) to arrange proper protection for goods left in unoccupied or unattended premises or where other people such as tenants or workmen are or will be present. If you fail to protect your goods we shall not be liable for any loss or damage arising from such failure;
c) not to offer for removal or storage jewelry, watches, trinkets, precious stones or metals, money, deeds, securities, stamps or coins (or similar collections of any kind), plants and animals. We do not accept any liability for any claims for loss or damage to these items if they are placed in our care or custody. Please make alternative transport or storage arrangements for such items;
d) not to offer for removal, packing or storage any item or thing unless you have `insured that item or thing against accidental loss or damage and loss or damage caused by fire, lightning or explosion;
e) not to offer for removal, packing or storage anything which is dangerous, damaging or explosive, or anything including food, likely to encourage vermin or other pests. You will fully indemnify us on demand against all claims made and for any loss or damage that we or someone else may suffer through the presence of such articles or substances among your goods. If any such article or substance is found, we may remove, destroy or otherwise dispose of it, in which case we will pay you the net proceeds of sale after deducting the costs and expenses incurred by us and any payments or sums due to us from you;
f) to empty and defrost refrigerators and freezers and to make alternative transport arrangements for their contents. We shall not be liable for damage to any freezer or refrigerator or its contents which results from the freezer or refrigerator being moved partially or fully loaded, nor for any illness or deterioration in such contents resulting from a change in temperature;
g) to pay for any parking or meter suspension charges which we incur whilst carrying out work for you;
h) to obtain, at your expense, all necessary licenses, work permits, and other documents to enable your removal to be completed;
i) to declare in writing to us all articles which may be liable to Customs Duties or restrictions. Your agree to indemnify us on demand against all claims, fines, costs, charges and expenses incurred by us as a result of any inaccurate information supplied by you.
VOLUNTARY ADVICE
We will use our reasonable endeavors to assist you in matters affecting the export and import of goods and effects. Any advice and information we may give is provided without charge and without liability.
The company cannot accept liability for such advice and information on the grounds that Government regulations and laws may be subject to interpretation and variation at any time. We will use our reasonable endeavors to notify you of any subsequent changes to the laws or regulations regarding the exportation and importation of your goods.
ROUTE AND METHOD
You agree that:
a) where goods are carried by a shipping line, airline, railway company or other third party, we will be acting as your agent for the purpose of concluding a contract for the transportation of goods with such shipping line, airline, railway company or third party;
b) we may select the means of transport. Where we, acting as your agent, have concluded a contract for the transportation of the goods with a shipping line, airline or railway company, then you agree that, from the time the goods are delivered up to the shipping line, airline, or railway company, the safe care and custody of the goods will be the sole responsibility of the shipping line, airline or railway company until the goods are delivered to ourselves, our nominated agents or subcontractors;
c) we may employ subcontractors. If we subcontract the work these conditions will apply to the subcontractor;
d) we may select the route and the means by which the goods shall be carried or stored;
e) if the carrying vessel should, for reasons outside our control, deliver the goods to a place other that the original destination, you will be responsible for all additional costs on onward transportation, in keeping with accepted international shipping practices;
f) if we are unable to deliver your goods to an agreed delivery address due to circumstances outside our control, we may deliver your goods into our own or an appointed agent’s depository at the nearest suitable location or where storage space is available. Upon delivery our contract will be completed and you agree to pay any further storage, handling or redelivery charges.
LIMITS OF LIABILITY
Unless otherwise agreed with you in writing or advance or as stated in this Agreement, if we are negligent or in breach of contract we will pay you a maximum of US$ 0.6/lbs for each item which is lost or damaged to cover the cost of repairing or replacing that item; or we may choose to repair or replace any of the damaged articles. If an article is repaired to a reasonably satisfactory standard no liability will be accepted for depreciation in value; or a higher amount agreed with us in writing in advance for each item which is lost or damaged to cover the cost of repairing or replacing that item. For the purpose of this Agreement an item is defined to include as any one article, suite, service, set or complete case, package or other container.
Where SPB LLC acting as your agent, has concluded a contract on your behalf for the transportation of the goods with a shipping line, airline or railway company then you agree that:
a) where goods are transported by such shipping line, airline, or rail, the safe care and custody of the goods will be the sole responsibility of the shipping line, airline or railway company until the goods are delivered to our nominated agents or subcontractors and we will be removed to store and retained until payment is made.
b) if the goods are lost or damaged whilst in the care and custody of the shipping line or airline or railway company we shall not be liable. We will transfer to you the benefits of any rights we have against them under their terms and conditions which are governed by international conventions and protocols.
SPB LLC’s liability shall be that of a forwarding agent. SPB LLC shall not be liable for any loss of, damage to or failure to produce any goods under removal caused by any delay in transit by rail, sea or air, by any strike, labor trouble, riot, civil commotion, war, invasion, Act of God, flood, stress of weather, Customs delay, vessel delay or by moths, borer, vermin, white ants, termites or other insects, damp, mildew, rot, rust, burglary, housebreaking, storm, tempest or explosion or the act of any third party or cause beyond the control of the company nor for any consequential loss. SPB LLC shall not be responsible for compensating the customer for any loss or damage or any loss of profit or any other consequential loss or costs whatsoever arising from delays in delivery, loss of or damage to or failure to produce the goods for any cause whatsoever.
LIMITS OF LIABILITY FOR DAMAGE TO PREMISES
If we are negligent or in a breach of contract or otherwise responsible for causing loss or damage to your premises, we will pay you either the cost of repairing the damaged area to a maximum limit of UAE Dirhams 450/- or up to a maximum of UAE Dirhams 450/- on each premises.
You are advised to take out insurance to cover your premises against the risk of damage. If you ask us in writing to insure against this risk for an amount greater than UAE Dirhams 450/- we will do so provided you pay the premium insurance details are available upon request.
EXCLUSIONS OF LIABILITY
We shall not be liable for:
a) loss or damage caused by fire;
b) loss or damage caused whilst in the care and custody of the shipping line, airline, or railway company. We will transfer to you the benefits of any rights we have against them under their terms and conditions which are governed by international conventions and protocols;
c) loss or damage caused where goods have been packed by you or others with inadequate protection;
d) loss or damage caused where goods have been unpacked by you or others;
e) loss or damage if goods are removed or delivered to unattended or
f) shall be entitled to charge for storing these goods. Any costs incurred in removing them to or from stores will be met by you. All charges must be paid in full before the goods can be released. If our charges are not met in full on the due date, interest will be payable at 3% above the base rate of Standard Chartered Bank from time to time on all monies outstanding.
“Lien” means the right to hold property until a debt is paid in full. We shall have a general or particular lien upon goods in our possession for all money you owe us for expenses incurred by us and for payments we make on your behalf. If some of the goods have been delivered, removed, dispatched, or sold, the general lien shall apply to any goods that remain in our possession. We shall be entitled to charge warehouse rent and all other expenses whilst we maintain a lien on the goods. All these conditions shall continue to apply to them.
End of Agreement/Power of Sale – In the event of more than twelve weeks rental being outstanding we may give you 30 days written notice requiring you to remove all goods from our care, control or custody and pay all debts due. If you do not remove the goods, we may sell or otherwise dispose of all part of them without further notice. Any proceeds of sale will be credited to your storage account against any other payments due to us from you. You will responsible for any costs incurred by us in selling or disposing of the goods. Any surplus proceeds will be paid to you without interest. The provisions of this Clause shall be without prejudice to any other rights SPB LLC may have pursuant to Oman Law
LOSS OR DAMAGE TO THE GOODS
The Customer bears all the risks of loss or damage to goods during carriage removal, distribution and/or storage and neither the Company nor any of its employees shall be liable for any loss or failure to produce or damage (however caused) to the goods and accordingly no claim shall be made upon the Company in respect of any loss, failure to produce or damage to any articles however caused unless the Customer can prove gross negligence on the part of the Company or its employees in particular and notwithstanding the foregoing the Company shall not be liable for any loss failure to produce or damage howsoever:
a) by fire
b) by war invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, insurrection or military usurped power, strikes, labor disputes, wear and tear of gradual deterioration, leakage or deficiency of articles of a perishable nature or acts of God, or due to causes beyond the Company’s immediate control or due to the actions of third parties whether criminal or otherwise;
c) by moths or insects of any kind or vermin or other pests;
d) arising from any process of cleaning, repairing or restoring unless such cleaning repairing restoring of the goods was carried out by the Company themselves and at the request of the Customer;
e) to any articles in wardrobes or drawers or in any package bundle, suitcase or other container not both packed and unpacked by the Company’s employees;
f) to jewelry, watches, trinkets, precious stones and metals etc., money, deeds, securities, stamps, coins, livestock and in addition any sculptures or other art objects submitted for carriage, removal, distribution and/or storage without the prior written consent of the Company;
g) where goods are removed from or delivered to unattended premises where third parties are present;
h) where the loss or damage is due to any inherent defect in the goods or their mechanical, electrical, perishable, fragile or brittle nature;
i) loss or damage caused if goods have any inherent defects or suffer from any inherent vice;
j) loss of use, loss of enjoyment, loss of profit or any other consequential loss; and
k) delay.
TIME LIMITS FOR REPORTING CLAIMS
You must notify us in writing of specific loss or damage within the time limit stated below otherwise we will not be liable:
a) goods believable to be loss or damaged – within a reasonable period not exceeding fourteen days after the due date of delivery of goods;
b) for goods removed from our premises by anyone other than us – at the time the goods are checked against the inventory;
c) for damage to premises – at the time of delivery of your goods by recording such damage on the delivery sheet.
PAYMENT
Unless we have agreed differently in writing all charges must be paid prior to packing of the consignment. You can pay on one of the following basis:
a) cash – 7 days in advance
b) UAE Dirhams cheque – 10 days in advance
c) cheques drawn on a foreign bank – 21 days in advance.
All cheques must be cleared before shipment can proceed.
A claim or dispute shall not be made the reason for deferring payment of any monies payable to us. If our charges are not paid in full on the due date interest will be payable at 3% above the base rate of Standard Chartered Bank. We reserve the right to postpone any of the work until such times as all outstanding monies are paid in full.
CANCELLING & POSTPONING THE REMOVAL
If you cancel or postpone the removal, we shall charge you the following:
a) between 8 and 10 working days before the start of the work – 30% of the removal/shipping/storage charge,
b) 7 working days or less before the start of the work – 50% of the removal/shipping/storage charge.
If we cancel or postpone your removal, we will refund you the charge of your removal. In addition we will pay the following:
a) between 8 and 10 working days before the start of the work – 30% of the removal/shipping/storage charge.
b) 7 working days or less before the start of the work – 50% of the removal/storage charge.
This condition shall not apply where the removal/storage has been cancelled or postponed due to force majeure.
SETTLING DISPUTES
Any disputes in relation to the conclusion, implementation, interpretation, cancellation, dissolution or invalidity of the contract or stemming therefrom or connected thereto in any form shall be referred to arbitration.
You must provide an address to which all communications are to be directed and shall notify us in writing of any change. Communications to you will be treated as having been duly served and received 7 days after posting by first class post or sent by post to the registered address or the address from which the last communication was received by us. If you do not provide an address, we will put in notice in public newspaper circulating in the area where we last received communication from you.
If we are unable to contact you at the address advised, you will pay to us all costs incurred in establishing your whereabouts.
STORAGE IN THE UNITED ARAB EMIRATES
a) if we provide an inventory or receipt of goods, it needs to state the contents of any article, suite, case, bundle, package or other container. The inventory or receipt shall be final except for any specific item which you may point out in writing within seven days of receiving the inventory. No claim shall be made in respect of any item not described in the inventory or receipt;
b) a charge will be made for receiving goods into store and for handing out to owner’s own transport;
c) storage charges shall be payable 3 months in advance. If you remove goods before the end of the period, we will credit your account with any excess payment and refund any balance. All charges including removal charges must be paid before the goods can be taken out of store.
Storage charges are subject to revision and you will be notified of any increase in writing 30 days before the increase comes into effect.
TERMINATION OF CONTRACT
Termination by us – If payment due from you is not in arrears we may end this Agreement by giving you 30 days notice.
Termination by you – You must give us at least 14 clear working days notice in writing.
SEVERABILITY
The invalidity, illegality or unenforceability of the whole or part of a condition does not affect or impair the continuation in force if the remainder of these Conditions.
ENTIRE AGREEMENT
You acknowledge that this Agreement and these conditions contain the whole agreement between us. You have not relied upon any oral or written representations made to you by us or our employees or agents.
WAIVER
The failure by SPB LLC to exercise, or delay by SPB LLC in exercising a right or remedy provided by these Conditions or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies, no single or partial exercise of another right or remedy by SPB LLC.
Conditions of contract – last review 29/01/2020