Geo Global, Bangkok, Thailand - freight forwarder, customs broker, logistics services and solutions

NOTICE OF LOSS, DAMAGE
27.	(A) The "Company" shall be discharged of all liability unless notice of any claim is received in writing by the "Company" or its agent within 14 days after the date specified in sub-clause (B) below, or within a reasonable time after such date if the "Customer" proves that it was impossible to so notify
	-	in the case of loss or damage to "Goods", the date of delivery of the "Goods";
	-	in the case of delay or non-delivery of the "Goods", the date that "Goods" should have been delivered;
	-	in any other case, the event giving rise to the claim.

28.

(A) The "Customer" shall defend, indemnify and hold harmless the "Company" in respect of any claims of a general average nature which may be made on the "Company" and the "Customer" shall provide such security as may be required by the "Company" in this connection.

(B) For the purpose of this clause a claim of a general average nature means a claim derived from a general average act where any extraordinary sacrifice or expenditure is voluntarily and reasonably made or incurred in time of peril for the purpose of preserving the property imperilled in the common adventure.

-	in the case of hand delivery, when delivered to any person at such place; and
-	in the case of delivery by post, within 3 days from the date of posting irrespective of whether the recipient is at such place or has moved to other place.

-	where the "Company" performs any carriage, handling or storage of "Goods" but only to the extent that the carriage is performed by the "Company" itself or its servants and the "Goods" are in the actual custody and control of the "Company";
-	where prior to the commencement of the carriage of "Goods" the "Customer" in writing demands from the "Company" particulars of the identity, services or charges of persons instructed by the "Company" shall be deemed to be contracting as a principal in respect of that part of the carriage in respect of which the "Company" fails to give such particulars demanded within 28 days of the "Company" 's receipt of such demand; or
-	to the extent that the "Company" expressly agress in writing to act as a principal.

the charging by the "Company" of a fixed price for a service or servieds of whatsoever nature shall not in itself detemine or be evidence that the "Company" is acting as an agent or a principal in respect of such service or services;

the supplying by the "Company" of their own or leased equipment shall not in itself determine or be evidence that the "Company" in acting as an agent or a principal in respect of any carriage, handling or storage of "Goods";

the "Company" acts as an agent where the "Company" procures a bill of lading or other document evidencing a contract of carrage between a person, other than the"Company", and the "Customer" or "Owner"; or

the "Company" acts as an agent and never as a principal when providing services in respect of or relating to customer requirements, taxes, licenses, consular documents, certificates and other similar services.

38.	(A) To the extent that the "Company" acts as an agent of the "Customer" , the "Company" does not make any contract with the "Customer" for the carriage, storage or handling of the "Goods" nor for any other physical service in relation to them and acts solely on behalf of the "Customer" in securing such services by establishing contracts with third parties. (B) The "Company" shall not be liable for the acts and omissions of such third parties referred to in sub-clause 38(A) above if it has acted in the manner required from its profession.
39.	(A) The "Company" when acting as an agent has the authority of the "Customer" to enter into contracts on the "Customer" 's behalf and to do such acts so as to bind the "Customer" by such contracts and acts in all respects notwithstanding any departure from the "Customer" 's Instructions". (B) Except to the extent caused by the "Company"'s negligence, the "Customer" shall defend indemnify and hold harmless the "Company" in respect of all liability, loss, damage, costs or expenses arising out of any contracts made in the procurement of the "Customer" 's requirements in accordance with sub-clause 39 (A) above.
40. Where there is a choice of rates according to the extent or degree of liability assumed by persons carrying, storing, handling the "Goods", no declaration of value where optional will be made unless otherwise agreed in writing.