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OBLIGATIONS OF CUSTOMER
13. The "Customer" warrants to the "Company"
that
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he is either
the "Owner" or the authorised agent of the "Owner"
of the "Goods" and that he is authorised to accept these
"Conditions" as agent for and on behalf of the "Owner"
of the "Goods";
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he has
reasonable knowledge of matter affecting the conduct of his business,
including but not limited to the terms of slae and purchase of the
"Goods" and all othe matters relating thereto; |
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the description
and particulars of the "Goods" are complete and correct;
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the "Goods"
are properly packed and labelled, except where the "Company"
has accepted instructions in respect of such services; and
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he shall warn
the "Company" as to the nature of the "Goods"
delivered which are liable to taint or affect other goods.
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14. The "Customer"
shall give sufficient and executable "Instructions".
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SPECIAL INSTRUCTIONS REGARDING CERTAIN GOODS
15.
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(A) Unless otherwise previously agreed in writing the "Customer"
shall not deliver to the "Company" or cause the "Company"
to deal with or handle "Dangerous Goods."
(B) If the "Company" agrees to accepts "Dangerous Goods"
and then in the opinion of the "Company" , its agents or
servants, they constitute a risk to other goods,
property, life or health, they may without notice be destroyed or otherwise dealt with at
the expense of the "Customer" or "Owner".
(C) If the "Customer" is in breach of sub-clause 15 (A)
above,
he shall be liable for all loss or damage whatsoever caused by or to or
in connection with the "Goods" howsoever arising and shall
defend, indemnify and hold harmless the "Company" against all
penalties, claims, damages, costs and expenses whatwoever arising in
connection therewith and the "Dangerous Goods" may without
notice be destroyed or otherwise dealt with at the sole discretion of
the "Company" or any other person in whose custody they may be
at the relevant time.
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16.
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(A) Except under special arrangement previously made in
writing, the
"Customer" shall not deliver to the "Company" or
cause the "Company" to deal with species, currency notes, bank
notes, bills, bonds, shares, debentures, warrnts, bullion, coin,
precious stones, jewellery, valuables, antiques, pictures, human remains,
livestock or plants.
(B) If the "Customer" is in
breach of sub-clause 16 (A) above, the "Company" shall be
under no liabillity whatsoever for or in connection with such goods
howsoever arising.
(C) The "Company" may at any
time waive its rights and exemptions from liability under sub-clause 16
(A) above in respect of any one or more of the categories of goods
mentioned herein or of any part of any category. If such waiver is
not in writing, the onus of proving such waiver shall be on the
"Customer"
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17.
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(A) The "Customer" undertakes not to tender for
transportation any "Goods" which require temperature control
without previously giving written notice of their nature and particular
temperature range to be maintained, and in the case of a temperature
controlled "Container" stuffed by or on behalf of the "Customer"
further undertakes that the "Container" has been properly
precooled or preheated as appropriate, that the "Goods" have
been properly stuffed in the "Container" and that its
themostatic controls have been properly set by the "Customer".
(B) If the "Customer" is
in breach of sub-clause 17 (A) above, the "Company" shall be
under no liability for any loss, or damage arising from such non-compliance.
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GENERAL INDEMNITIES
18.
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(A) The "Customer" and "Owner" shall defend
indemnify and expenses arising
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from the nature
of the "Goods" unless caused by the "Company"'s
negligence;
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out of the
"Company" acting in accordnace with the "Customer"'s'
"Owner" 's "Instructions";or
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from a
breach of warranty or obligation by the "Customer" by the
"Customer" or arising from the negligence of the "Customer"
or "Owner"
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(B) Except to the extent
caused by the "Company" 's negligence, the "Customer"
and "Owner" shall defend, indemnify and hold harmless the
"Company" in respect of all duties, taxes, imposts, levies,
deposits and outlays of whatsoever nature levied by any authority and
for all payments, fines,costs, expenses, loss anddamage whatsoever
incurred or sustained by the "Company" in connection therewith.
(C) Advice and/or information, in whatever form it may be
given, are
provided by the "Company" for the "Customer" only and the
"Customer" shall defend, indemnify and hold harmless the
"Company" for all liability, loss, damage, costs and expenses
arising out of any other person relying on such advice and/or
information.
(D) The
"Customer" undertakes that no claim be made against an
director, servant, sub-contractor or agent of the "Company"
which imposes or attempts to impose upon any of them any liability
whatsoever in connection with the "Goods",if any such claim
should nevertheless be made, to indemnify the "Company: against
all consequences thereof.
(E) Without prejudice to the foregoing, all provisions provided in these "Conditions" apart
from being entered between the "Company" and the
"Customer" shall be for the benefit of every such director,
servant, sub-contractor or agent and they shall be entitled to take such
benefit by virtue of Section 374 of the Civil and Commercial Code of
Thailand.
(F) The
"Customer" shall defend, indemnify and hold harmless the
"Company" from and against all claims, costs and demands
whatsoever and by whomsoever made or preferred in excess of the
liability of the "Company" under the terms of these
"Conditions" and without prejudice to the generality of this
clause. This indemnity shall cover all claims, costs and demands
arisig from or in connection with the negligence of the
"Company", its directors, servants, subcontractors or agents
unless it has been caused by fraud or gross negligence of the
directors, servants, subcontractors or agents of the
"Company".
In this clause,
"sub-contractors" includes direct and indirect sub-contractors and their respective servants and
agents. |
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GOODS AND SERVICES
19. Unless otherwise previously agreed in writing, the
"Company" accepts no responsibility for departure or arrival
dates of the "Goods".
20. Unless otherwise previously agreed in writing, instructions relating
to the delivery or release of "Goods" against payment or
against surrender of a particular document shall be in writing and
"Company" 's liability shall not exceed that provided for in
respect of misdelivery of "Goods".
21. Except in accordance with "Instructions" previously
received in writing and accepted in writing by the "Company",
the "Company" shall not be obliged to make any declaration for
the purposes of any statute, convention or contract as to the nature or
value of any "Goods" or as to any special interest in delivery.
22. No insurance will be effected by the "Company" except upon
express "Instructions" given in writing by the
"Customer" and all insurances effected by the
"Company" are subject to the usual exceptions and conditions
of the policies of the insurance companies or underwriters taking the
risk. Unless otherwise agreed in writing, the "Company" shall
not be under any obligation to effect a separate insurance on each
consignment but may declare it on any open or general policy. The
"Company" is an agent in respect of the effecting of insurance
and should the insurers dispute their liability for any reason, the
insured shall have recourse against the insurers only, and the
"Company" shall not be under any responsibility or liability
whatsoever in relation thereto notwithstanding that the premium upon the
policy may not be at the same rate as that charged by the
"Company" or paid to the "Company" by its
"Customers".
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EXCLUSION AND LIMITATION OF LIMITATION OF LIABILITY
23. Except insofar as otherwise provided by these
"Conditions",the "Company" shall not be liable for
any loss or damage whatsoever arising from
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the act or
omission of the "Customer" or "Owner" or any
person acting on their behalf;
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compliance with
the instructions given to the "Company" by the
"Customer" ,"Owner" or any other person entitled
to give them;
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insufficiency
of the packing or labeling of the "Goods" except where such
service has been provided by the "Company";
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handing,loading,
storage or unloading of the "Goods" by the
"Customer" or "Owner" or any person acting on
their behalf;
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inherent vice
of the "Goods";
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riots, civil
commotions, strikes, lockouts, stoppage or restraint of labour from
whatsoever cause;
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fire, flood or
storm; or
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any cause which
the "Company" could not avoid and the consequences whereof
it could not prevent by the exercise of reasonable diligence.
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24. Except insofar as
otherwise provided by these "Conditions", the liability of the
"Company" howsoever arising, and notwithstanding that the
cause of loss or damage be unexplained, shall not exceed the following:
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(A) In respect of
all claims other than those subject to the provisions of sub-clause
(B) below, whichever is the least of
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the value of,
or
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Thai
Baht 65.- per
gross kilogramme of, the "Goods" lost, damaged, misdirected
or misdelivered.
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(B) In respect of
claims for delay the amount of the "Company" 's charges in
respect of the "Goods" delayed. |
25. |
(A) Compensation
shall be calculated by reference to the invoice
value of the "Goods" plus freight and
insurance if paid.
(B) If there be no invoice value for the
"Goods", the compensation shall be
calculated by reference to the value of such
"Goods" at the place and time when they
are delivered to the "Customer" or
"Owner" or should have been so delivered.
The value of the "Goods" shall be fixed
according to the current market price, or, if
there be no commodity exchange price or current
market price, by reference to the mormal value of
goods of the same kind and quality. |
26. By special aggreement in writing and on
payment of additional charges, higher compensation
may be claimed from the "Company" not
exceeding the value of the "Goods" or
the agreed valu, whichever is the lesser. |
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Geo Global Co., Ltd.
11th Floor, Room 1003, Bangkok Business Center Bldg.
21 Soi Esinamai, Sukhumvit 15 Road, Klongton Nua
Wattana, Bangkok 10110, Thailand
Tel.: (+66-2) 717-2525; Fax: (+66-2) 717-1796
E-mail: info@geo-global.net
Left Coast Kratom
©2001 - 2018
Geo Global Co., Ltd.
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