All business between KORPOL INTERNATIONAL (“Korpol”) and the Client shall be on the terms and conditions as set out below.
This becomes a “Contract”.
1. Unless otherwise agreed in writing the Client contracts with Korpol and accepts full liability under this Contract as principal.
2. Quotations given by Korpol are open for 7 days and may be withdrawn or revised by us at any time prior to acceptance by the Client.
3. If any changes occur in the rates of freight, insurance premiums or other charges applicable to the goods to be carried, then Korpol may revise or withdraw the quotation at any time, whether before or after acceptance by the Client.
4. The Client acknowledges and agrees that:
(a) Korpol may consolidate the goods with goods to be shipped by other clients;
(b) Korpol may profit from and need not pass on to the Client any discounts, which it obtains from carriers; and
(c) Prices charged to the Client may not be identical to the cost borne by Korpol.
4. Korpol will enter into contracts with third parties for the packing, carriage, movement, transport, storage and delivery of goods on terms Korpol and the third party think fit. The Client wholly indemnifies Korpol for any liabilities incurred, which may arise in any way out of such a Contract.
The Client authorises Korpol to contract in the name of Korpol International, or as an agent for the Client.
5. Korpol is not a carrier of goods and will accept no liability as such. Korpol may, at its discretion, refuse to arrange the carriage, movement or transport of goods for any person, firm or company, and the carriage or transport of any type of goods, and need not give any reason for so doing.
6. Where the Client instructs Korpol to use a particular method or route for movement of the goods Korpol will endeavour to ensure that the method or route requested is used but if it cannot conveniently arrange that route or method the Client expressly agrees that Korpol may arrange for alternative method / route for the Goods to be moved.
7. It is the Client’s responsibility to insure the goods. Korpol will not take out any insurance for the goods except upon the express instructions given in writing by the Client.
8. If Korpol holds the goods it does so at all times and in all places at the sole risk of the Client. Korpol shall not be liable for any loss or damage to, or misdelivery, delay in delivery, failure to produce or non-delivery of goods either in transit or in storage or occurring during the term of this Contract or whether caused by the negligence of Korpol or by some other cause known or unknown to Korpol.
The Client hereby releases Korpol to the maximum extent permitted by law from any liability for any loss or damage suffered, and indemnifies to the maximum extent permitted by law Korpol from any liability which it may incur as a result of any Subcontract, local or foreign law, international convention or rule of common law relating to carriage of goods or transport by air or sea (including, but not limited to, relating to general average or arrest of ships).
9. The Client warrants that all the information it has provided to Korpol relating to the goods is accurate and true in every respect, and the Client indemnifies Korpol against all losses, damages, expenses, penalties and fines arising out of or in connection with any act, or omission of information provided by Korpol or the Client to the Crown, the Collector of Customs or any other statutory body or authority in Australia or elsewhere.
10. The Client expressly authorises Korpol to release the goods to any person who produces the original of any Bill of Lading issued by Korpol in respect of the goods and a receipt signed by that person or that person’s agent or employee shall be conclusive evidence that Korpol has arranged for the goods to be delivered in full discharge of its obligations under this Contract. Korpol may release the goods to any person who claims to have authority to receive the goods even if that person does not have an original Bill of Lading issued by Korpol in respect of the goods provided that Korpol receives from the Client or an authorised officer of the Client written or verbal authority to do so.
11. For the sake of clarity, but without in any way limiting any other provision of this Contract, the parties agree that Korpol shall not be liable for, and the Client expressly indemnifies Korpol and all of its servants and agents against:
(a) any loss, injury or damage in respect of the goods caused by destruction, fire, explosion, stealing, fraud, theft, storm, flood, tempest or water by any other cause whatsoever whether brought about wholly or in part by the negligence or the alleged negligence or any act, omission, neglect, default, breach of duty or breach of obligation or Korpol its servants, or agents;
(b) any loss, injury or damage (including consequential loss) suffered by delay in delivery of goods;
(c) any loss, injury or damage in respect of the goods resulting from or contributed to by the contact of the goods with or proximity to other goods or sweating, evaporation, leakage, breakage, shrinkage, deterioration, fermentation, wasting, decay, putrefaction, contamination, vermin, strikes, lockout, shortage of labour or resulting from or contributed to by any circumstances beyond the reasonable control of Korpol;
(d) any duties, losses, costs or penalties or other monies incurred or actions, claims or proceedings arising out of or in connection with the keeping or failure to keep documentation relating to the goods, the valuation of the goods or the amount of duty payable on the goods, whether brought about wholly or in part by the negligence or alleged negligence or any act, omission, neglect, default, breach of duty or breach of obligation of Korpol, its servants or agents.
12. Where the ability of Korpol to limit its liability is restricted by law, then to the extent Korpol is entitled to do so, its liability shall be limited at its option to:
(a) re-supply of services;
(b) payment of the costs of having services performed again; or
(c) refund to the Client of any sums paid in respect of such services.
13. Subject to all the terms and conditions in this Contract limiting the liability of Korpol, any claims which may be made against Korpol shall be extinguished unless brought within 6 months of the date of this Contract, or if a longer period is prescribed by statute or convention which can not be modified by Contract, that longer period.
14. Korpol will not make any declaration of value in any contract for the purpose of extending the liability of the carrier (being the party which owns or charters the vessel in which the goods are carried) where that declaration of value may mean that a higher freight charge will apply. If a declaration must be made a nominal declaration of value of the goods only will be made, unless express instructions in writing that a particular value should be nominated is given to Korpol by the Client.
15. Except under special arrangements Korpol will not accept contracts to arrange the carriage, packing or storage of:
(a) noxious, dangerous, hazardous or inflammable or explosive goods or any goods likely to cause damage;
(b) bullion, coins, precious stones, jewellery, valuables, antiques, pictures;
(c) livestock or plants.
16. All goods (and documents relating to the goods) shall be subject to a particular and general lien to Korpol for any monies due either in respect of those goods, or for any particular or general balance or other money due from the Client or any person on behalf of whom the Client may be consigning the goods, or in respect of any losses or damages or liability which may be incurred or suffered by Korpol for which the Client indemnifies Korpol under this Contract.
17. Korpol shall be under no obligation at any time to open any container or package to inspect the goods, but if it appears at any time to Korpol or to a third party that the goods may not be safely or property carried further, Korpol or the third party may take whatever reasonable action is required (including if the situation warrants it abandoning the goods) and the Client shall indemnify Korpol and the third party and agrees to meet any additional expenses so incurred.
18. Any claim or dispute under this Contract shall be determined by the courts of Australia and the courts with jurisdiction to hear appeals from them.