1 Definition
For the purpose of this Business Terms and Conditions, the Company shall mean OOCL Logistics, its subsidiaries and affiliated companies; the Customer shall mean recipient of the Services provided by the Company; the Services shall mean any physical, management and information services provided to the Customer; Goods shall mean cargo and any container not supplied by or on behalf of the Company, in which the Company provides Services.
2 Tariff and Billing
2.1 In consideration of the Services provided by the Company, the Customer shall pay to the Company charges based on the Company’s standard tariff unless otherwise agreed upon. The standard tariff is subject to change without notice.
2.2 The Company shall invoice the Customer for the Service Charges for Services provided and the Customer shall inform the Company of any dispute or discrepancy found in the invoice within 7 days. Customer shall pay to the Company the invoice on time.
2.3 The Customer shall pay for the invoice when due without deduction or deferment on account of any claim, counterclaim or set-off. The Company is entitled to impose interest on the over due sum of money without prejudice to other rights or remedies it may have.
3 Instructions From the Customer
3.1 The Customer shall give sufficient timely and executable Instructions, and provide assistance and co-operation as may be necessary in the performance of the Services by the Company. “Instructions” means those instructions given by the Customer or any person authorized by the Customer in connection with the Services and Goods.
3.2 The Customer warrants at all times that the description, particulars and the Instructions for the Services and the Goods are complete and accurate.
3.3 3.3.1 The Customer must explicitly inform the Company about the nature of the Goods, including but not limited to Dangerous Goods, in their instruction to the Company. “Dangerous Goods” includes goods that are or may become dangerous, inflammable, radio-active, likely to damage nature or environment; liable to taint or affect other goods or goods likely to harbor or encourage vermin or other pests or otherwise under local laws rules and regulations as identified as dangerous.
3.3.2 If the Customer is in breach of clause
3.3.1, Customer agrees to be responsible and liable for all loss or damage whatsoever caused by the Goods howsoever arising and shall defend, indemnify and hold harmless the Company against all penalties, claims, damages, costs and expenses whatsoever arising in connection therewith and the 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.
3.3.3 If the Company agrees to provide Services for Dangerous Goods, Customer agrees that such Services are provided subject to Customer agreement that if in the reasonable opinion of the Company or any other person, the Dangerous Goods shall at any times present a risk to other goods, property, life or health, the Company may without notice or liability destroy or otherwise deal with the Goods at the expense of the Customer.
