ALCS Carriage agreement

“ALCS platform” means a software which enables users (Carriers, Subcontractors, Customers), through the ALCS website (www.alcs.eu), to order and/or offer transportation services, to monitor the progress of the Carriage, manage the administration of the business processes and effectuate payments for the services, as well as to secure Freight for the Carrier.
“ALCS operator” means a lawful operator of the ALCS platform that is entitled to collect the Monthly Fees and manages the Deposits, as well as administers the ALCS platform and website.
“Carriage” means the whole or any part of the carriage, loading, unloading, handling, as well as any and all other services whatsoever undertaken by the Carrier in relation to the Goods.
“Carrier” means a company that has been either nominated by the ALCS platform as the Carrier in the waybill (i.e., the consignment note), or selected by the Customer under its own discretion to effectuate the carriage, or a Subcarrier (i.e., the vehicle transportation company contracts another transportation company to effectuate the carriage).
“CMR Convention” means a United Nations convention that was signed in Geneva on 19 May 1956 (the “Convention on the Contract for the International Carriage of Goods by Road”).
“Customer” means any merchant, recipient of the Vehicle, sender of the Vehicle, shipper, consignor, seller or buyer (or their agents), any Person owning or entitled to the possession of the Goods or of the CMR Convention transportation documents and anyone acting on behalf of such a Person (authorised representatives).
“Dealer” means any person ordering vehicle transportation services on the ALCS platform, which is registered in the status of a Dealer on the ALCS platform. Dealer cannot offer transportation services on the ALCS platform. The Dealer shall be treated as the Customer and all the obligations of the Customer are applicable to the Dealer, unless these terms and conditions provide otherwise.
“Deposit” means a cash deposit paid by the Dealer of a particular amount to the ALCS operator in order to guarantee fulfilment of all contractual obligations arising from the contract of carriage and until payment of Freight to the Carrier, as well as to meet all other obligations of the Dealer and the Customer under the contract of carriage and payments due to the ALCS operator for use of ALCS platform.
“Freight” means all charges payable to the Carrier in accordance with the ALCS platform.
“Goods” means the Vehicle accepted by the Carrier from the Customer or its nominated Person in designated locations and in accordance with the ALCS platform.
“Load transportation order” means a registered valid request on the ALCS platform filed by the Customer to receive offers for transportation (and other services) of the Goods from the loading location to a destination that has been received, validated and approved by the ALCS platform.
“Monthly Fees” means the monthly payments for Subscription, net of any applicable value added taxes or withholding taxes, made by the Carriers to the ALCS operator in the amount and by the date set by the ALCS operator for the rights to use the Subscription offered on the ALCS platform and other services offered by the ALCS platform.
“Person(s)” means an individual, corporation, or other legal entity.
“Subcarrier” means a company that is subcontracted by the Carrier through the ALCS platform to effectuate any part of the transportation of the Goods under the terms defined within the CMR Convention.
“Subcontractor” means the Subcarriers, owners, charterers and operators of vessels (other than the Carrier), stevedores, terminal and groupage operators, road and rail transport operators, warehousemen, and any independent contractors employed by the Carrier performing the Carriage or whose services or equipment have been used for the Carriage and any direct or indirect subcontractors, servants and agents thereof whether in direct contractual privity or not.
“Subscription” means special access to the ALCS platform granted to the Carrier providing for additional functionality, such as, fleet management, invoice management and/or other features as specified on the ALCS platform, which is provided by the ALCS operator for a Monthly Fee.
“Terms and Conditions” means all terms, rights, defences, provisions, conditions, exceptions, limitations and liberties hereof.
“Transportation Request” means a personalized request for transportation services received by the Carrier from the Carrier’s clients in the special landing screen created for the Carrier on the ALCS platform.
“Vehicle(s)” means any vehicle owned (or having lawful possession) by the Customer (seller or sender or any person designated by the Customer through the ALCS platform) or the Customer’s customer (recipient or vehicle or buyer) that has been accepted by the Carrier through the ALCS platform and a vehicle that can drive on and off the truck trailer on its own for loading and unloading purposes.

2.1. The Terms and Conditions of the Carrier’s Freight are incorporated herein. Attention is drawn to the terms relating to free storage time and Vehicle demurrage or detention. Copies of the relevant provisions of the applicable Freight are obtainable from the ALCS platform upon request. Any Carrier that uses the ALCS platform to find and contract a Subcarrier for the Carriage for the purposes of these terms and conditions shall be treated as a Customer and the rules apply to them mutatis mutandis including obligations to pay the Deposit and the Monthly Fees. Any Dealer that uses the ALCS platform to find and contract a Carrier for the purposes of these terms and conditions shall be treated as a Customer and the rules apply to them mutatis mutandis. In such a case the Dealer shall pay the subscription payment for the rights to find and contract a Carrier; the amount of the subscription payment for the relevant time period, as chosen by the Dealer, is stipulated on the ALCS platform.

2.2. The Deposit and the Monthly Fees shall be paid in the amount determined by the ALCS platform. Until receipt of the Deposit by the ALCS operator or failure to pay the Monthly Fees, when due, shall suspend the issue or approval of any Load transportation order/ Transportation Request until the Deposit or the Monthly Fees are duly paid.

2.3. On the ALCS platform the Carrier may choose among different Subscription plans with different Monthly Fee amounts, each providing for a limited maximum number of Transportation Requests, which the Carrier is entitled to receive on the ALCS platform within the relevant calendar month. The chosen Subscription plan remains effective for each next month and is invoiced to the Carrier accordingly, until the Carrier changes the Subscription plan or terminates the Subscription. The Carrier may increase the maximum number of Transportation Requests within the current month by making respective request and paying additional fees specified on the ALCS platform. The increased number of Transportation Requests remains applicable for the next months and the Monthly Fee is automatically increased to include such number of requests. In case the Carrier wishes to change the Subscription plan to a lower level (i.e. to decrease the number of Transportation Requests), the Carrier shall cancel the existing Subscription plan and apply for a new Subscription plan with a reduced number of Transportation Requests, however such new Subscription plan and the relevant Monthly Fee amount will become applicable only from the next calendar month.

2.4. The Carrier may pay the Monthly Fees either via bank transfer or by a credit card, as accepted on the ALCS platform.

1. If the Carrier chooses to pay by bank transfer, the ALCS operator issues an electronic invoice which is sent to the Carrier’s email address provided in the ALCS platform. The invoice is valid without a signature. The invoice shall be paid within 7 (seven) calendar days as of the invoice date, however, any invoice for the next month’s Monthly Fee shall be paid not later that by the end of the current month.
2. If the Carrier chooses to pay by credit card, Monthly Fee and other payments will be processed securely through a designated payment service provider. The ALCS operator does not process, or store credit card details and relies on the payment service provider for secure transactions. The Carrier shall provide the required card information and thereby the Carrier authorizes the ALCS operator to charge the card for the relevant payment, as well as to charge the same card for any next payments when due according to these Terms and Condition and orders made on the ALCS platform. If a payment fails, the Carrier will be notified and may be required to update payment details. The ALCS operator may attempt to reprocess the payment. If the payment remains unsuccessful, access to the ALCS platform and requests/ orders may be suspended until the outstanding amount is settled. After a successful payment, the ALCS operator will issue an electronic invoice, which will be sent to the Carrier’s email address registered on the ALCS platform. The invoice is valid without a signature.

 

2.5. All payments are processed in euros, and the Carrier is responsible for any applicable transaction fees or currency conversion charges imposed by the payment service provider or the Carrier’s payment provider.

2.6. The Carrier is not granted access to the ALCS platform, or the access is suspended until the Monthly Fee is paid to the ALCS operator in full. Any Monthly Fees paid by the Carrier are not refunded, irrespective of whether the Carrier uses the ALCS platform during the relevant month and irrespective of the number of requests.

2.7. The Dealer shall pay the Deposit to the ALCS operator in the amount and according to the procedure as provided on the ALCS platform. The same payment methods and rules as specified in clause 2.4. above are applicable.

2.8. If the Dealer cancels the transportation services in any manner, in full or partially, after the issuance of a valid Load transportation order, the ALCS operator may deduct reasonable expenses of the Carrier arising from the cancelled order. Consequently, the ALCS operator may request the Dealer to increase the Deposit if the Load transportation order volumes so indicate or some part of the Deposit was used for compensation to the Carrier. Failure to pay the Deposit shall restrict the Dealer to file any requests for the Load transportation order on the ALCS platform.

2.9. The Monthly Fees may be increased at any time by the ALCS operator after providing in advance a 30 (thirty)-calendar day written notice to the Carrier via email. Non-acceptance of the Monthly Fees increase by a Carrier shall result in the Carrier’s account on the ALCS platform remaining active but with limited functionality, restricting access to those ALCS platform features that are available only against due payment of applicable Monthly Fees.

2.10. The Dealer/ Carrier shall be informed of any deductions from the Deposit or failure to pay the Monthly Fees. The Dealer shall reinstate the amount of the Deposit after receipt of notice through the ALCS platform, otherwise the Load transportation order shall not be accepted. Failure to reinstate the Deposit within 30 (thirty) calendar days shall result in the Dealer’s account remaining active but with limited functionality, restricting access to those ALCS platform features that are available only with a valid Deposit.

2.11. In case the Dealer notifies to the ALCS operator that the Dealer is willing to terminate active use of the ALCS platform and requests returning of the remaining Deposit, the remaining Deposit amount is repaid to the Dealer within 14 (fourteen) calendar days when there are no outstanding obligations owed by the Dealer to the Carrier or the ALCS operator. Repayment of the Deposit shall result in the Dealer’s account on the ALCS platform remaining active but with limited functionality, restricting access to those ALCS platform features that are available only with a valid Deposit. The Monthly Fees are not refunded to the Customer/ Carrier under any circumstances.

2.12. The ALCS operator may unilaterally terminate all the contractual relations and deactivate and close any account on the ALCS platform, without any notice, in case the account holder (Customer, Dealer, Carrier, or other holder) violates these Terms and Conditions. The Customer/ Dealer/ Carrier or other user of the ALCS platform may terminate all the contractual relations and require closing of its account on the ALCS platform by sending respective email request to the ALCS operator. Termination, for whatsoever reason, does not release the relevant party from the obligation to settle all the outstanding payments to the ALCS operator.

3.1. The Customer warrants that in agreeing to the Terms and Conditions hereof the Customer is, or has the authority to contract on behalf of, the Person owning or entitled to possession of the Goods.
3.2. The Customer further warrants that any Person having access to the ALCS platform and using it including emails received from the designated email addresses registered by the Customer are valid and binding upon the Customer and Person(s) using these emails are fully authorised to use the ALCS platform and order the Carriage and execute, as well as assume obligations under the Load transportation order.

4.1. The Carrier shall be entitled to subcontract on any terms whatsoever, the whole or any part of the Carriage.

4.2. It is hereby expressly agreed that:

1. No Subcontractor, agent or servant shall in any circumstances whatsoever be under any liability to the Customer for any loss, damage or delay arising or resulting directly or indirectly from any act, neglect or default of the Subcontractor, agent or servant’s part while acting in the course of or in connection with the Goods or the Carriage of the Goods.
2. The Customer undertakes that no claim or allegation, whether arising under contract, bailment, tort or otherwise, shall be made against any servant, agent, or Subcontractor of the Carrier which imposes or attempts to impose upon any of them, or any vessel owned or chartered by any of them, any liability whatsoever in connection with the Goods or the Carriage of the Goods whether or not arising out of negligence on the part of such a Person. The Subcontractor, agent or servant shall also be entitled to enforce the foregoing covenant against the Customer; and if any such claim or allegation should nevertheless be made, to indemnify the Carrier against all consequences thereof.
3. Without prejudice to the generality of the foregoing provisions of this clause, every exemption, limitation, condition and liberty contained herein and every right, exemption from liability, defence and immunity of whatsoever nature applicable to the Carrier or to which the Carrier is entitled hereunder, including the right to enforce any jurisdiction provision contained herein shall also be available and shall extend to every such Subcontractor, agent or servant, who shall be entitled to enforce the same against the Customer.

 

4.3. The provisions of clause 4.2(3) including, but not limited, the undertaking of the Customer contained therein, shall extend to all claims or allegations of whatsoever nature against other Persons chartering space on the vessel that carries the truck and trailer with the Goods.

4.4. The Customer further undertakes no claim or allegation in respect of the Goods shall be made against the Carrier by any Person other than in accordance with these Terms and Conditions which imposes or attempts to impose upon the Carrier any liability whatsoever in connection with the Goods or the Carriage of the Goods, whether or not arising out of negligence on the part of the Carrier, and if any such claim or allegation should nevertheless be made, to indemnify the Carrier against all consequences thereof.

5.1. The Carrier is not liable for any acts and omissions caused by third parties, such as, but not limited to, the Carrier’s appointed drivers of the trucks and light trucks for transportation of the Goods, warehousemen, sellers of the Vehicles or dealers and their agents or employees, senders of the Vehicles, stevedores, subcontractors, port or custom authorities, and freight forwarders.

5.2. The Carrier shall not be responsible for the actual condition of a Vehicle prior to their loading into or onto the truck, or if the condition of a Vehicle or their parts are different than warranted or promised by the Customer or the seller or sender of the Goods to the buyers or recipients of the Goods. The Carrier must check whether a particular Vehicle is manufactured by the same brand (e.g., Peugeot, Toyota, Volkswagen, etc.), as in the Load transportation order and the vehicle identification number (VIN), but there is no obligation to check the color or year of manufacturing, or whether the VIN number is legitimate.

5.3. Any claims arising about the identity, condition or quality of a Vehicle between the sender of the Vehicle and recipient of the Vehicle, shall be resolved without the involvement of the Carrier, unless the Carrier is subject to liability under the CMR Convention.

5.4. The Carrier shall not be under any obligation to check the condition of a Vehicle or verify their identity, prior to loading, unless it is expressly agreed with the Customer in accordance with the ALCS website. The Carrier accepts the Vehicles for loading, from the sender, in the condition they are presented and the sender of the Vehicles bears full liability for sending the properly identified Vehicles to the recipient of the Vehicles.

5.5. If the Customer involves the Carrier in any disputes, either in court or arbitration, then the party to the dispute that requested the court to involve the Carrier in proceedings shall indemnify, in advance, all legal costs of the Carrier arising from such disputes.

5.6. The Customer agrees and acknowledges the Carrier has no knowledge of the value of the Goods and higher compensation than that provided for on the ALCS website. The Customer declares and the Carrier states the value of the Goods declared by the Customer upon delivery to the Carrier has been stated in the box marked “Declared Value”. Any partial loss or damage shall be adjusted pro rata on the basis of such declared value.

5.7. Nothing in these Terms and Conditions shall operate to limit or deprive the Carrier of any statutory protection, defence, exception or limitation of liability authorised by any applicable laws, statutes or regulations of any country. The Carrier shall have the benefit of the said laws, statutes or regulations as if it were the owner of any carrying truck or vessel.

6.1. The Carrier does not undertake that the Goods or any documents relating thereto shall arrive or be available at any point or place at any stage during the Carriage at any particular time or to meet any particular requirement of any licence, permission, sale contract, or credit of the Customer or any market or use of the Goods and the Carrier shall under no circumstances whatsoever and howsoever arising be liable for any direct, indirect or consequential loss or damage caused by delay. If the Carrier should nevertheless be held legally liable for any such direct or indirect or consequential loss or damage caused by delay, such liability shall in no event exceed the Freight paid.

6.2. Unless otherwise provided herein, the Carrier shall in no circumstances be liable for any direct, indirect or consequential loss or damage arising from any other cause whatsoever or for loss of profits.

6.3. Once the Goods have been received by the Carrier for Carriage the Customer shall not be entitled neither to impede, delay, suspend or stop or otherwise interfere with the Carrier’s intended manner of performance of the Carriage or the exercise of the liberties conferred by the waybill nor to instruct or require delivery of the Goods at a place other than the place of discharge or the place of delivery detailed on the ALCS platform. The Customer shall indemnify the Carrier against all claims, liabilities, losses, damages, costs, delays, attorney fees and/or expenses caused to the Carrier, Subcontractors, servants or agents or to any other cargo or to the owner of such cargo during the Carriage arising or resulting from any impediment, delay, suspension, stoppage or interference whatsoever in the Carriage of the Goods by the third parties or arising from events or omissions caused by the Customer. The Customer acknowledges and accepts that the standard demurrage rate for one truck is EUR 300 plus VAT per calendar day and the Customer shall be under obligation to compensate these damages of the Carrier in accordance with Clause 12.

6.4. These Terms and Conditions shall govern the responsibility of the Carrier in connection with or arising out of the supplying of a transportation services to the Customer whether before, during or after the Carriage.

6.5. ALCS operator’s identity or any other provision in these Terms and Conditions may be changed, replaced, amended by providing the Customers, Dealers and the Carriers, and other lawful users of the ALCS platform, a 30 (thirty) calendar days’ advance notice unless under particular circumstances (e.g. compliance with applicable law) the change shall be implemented sooner. Continued use of the ALCS platform by the Customer/ Carrier/ Dealer or other user after the amended Terms and Conditions have been introduced shall constitute the acceptance of such amendments.

7.1. Unless notice of loss or damage and the general nature of such loss or damage be given in writing to the Carrier or his agents at the place of delivery before or at the time of removal (unloading) of the Goods or if the loss or damage is not apparent within 3 (three) calendar days thereafter, such removal shall be prima facie evidence of the delivery by the Carrier of the Goods as described in the waybill.

7.2. In any event, the Carrier shall be discharged from all liability whatsoever in respect of the Goods unless a legal action is brought within 1 (one) year after their delivery or the date when they should have been delivered.

These Terms and Conditions shall apply in any action against the Carrier for any loss or damage whatsoever and howsoever occurring (and, without restricting the generality of the foregoing, including delay, late delivery and/or delivery without surrender of the waybill) and whether the action be founded in contract, bailment or in tort and even if the loss, damage or delay arose as a result of unseaworthiness, negligence or fundamental mental breach of contract.

9.1. The Carrier shall be entitled, but under no obligation, to open and/or scan any Goods at any time and to inspect the contents.

9.2. If it appears at any time the Goods cannot safely or properly be carried or carried further, either at all or without incurring any additional expense or taking any measures in relation to the Goods, the Carrier may without notice to the Customer (but as his agent only) take any measures and/or incur any reasonable additional expense to carry or to continue the Carriage thereof, and/or to sell or dispose of the Goods and/or to abandon the Carriage and/or to store them ashore, under cover or in the open, at any place, whichever the Carrier in his absolute discretion considers most appropriate, which sale, disposal, abandonment or storage shall be deemed to constitute due delivery under these Terms and Conditions.

9.3. The Customer shall indemnify the Carrier against any reasonable additional expense so incurred. The Carrier in exercising the liberties contained in this clause shall not be under any obligation to take any particular measures and shall not be liable for any loss, delay or damage howsoever arising from any action or lack of action under this clause.

10.1. The waybill shall be prima facie evidence of the receipt by the Carrier in apparent good order and condition, except as otherwise noted, of the Goods.

10.2. No representation is made by the Carrier as to the weight, contents, measure, quantity, quality, description, condition, marks, numbers or value of the Goods and the Carrier shall be under no responsibility whatsoever in respect of such description or particulars.

10.3. The Customer warrants to the Carrier that the particulars relating to the Goods as set out in waybill have been checked by the Customer on receipt of the waybill and that such particulars, and any other particulars furnished by or on behalf of the Customer, are adequate and correct. The Customer also warrants the Goods are lawful goods, and contain no contraband, drugs or other illegal substances or stowaways, and the Goods will not cause loss, damage or expense to the Carrier, or to any other cargo.

10.4. If any particulars of any letter of credit and/or import license and/or sales contract and/or invoice or order number and/or details of any contract to which the Carrier is not a party are shown on the face of the waybill, such particulars are included at the sole risk and convenience of the Customer. The Customer agrees the inclusion of such particulars shall not be regarded as a declaration of value and in no way increases Carrier’s liability under these Terms and Conditions.

11.1. A Person falling within the definition of a Customer within clause 1 (Definitions), including any principal of such a Person, shall be jointly and severally liable to the Carrier for the due fulfilment of all obligations undertaken by the Customer under these Terms and Conditions.

11.2. The Customer shall be liable for and shall indemnify the Carrier against all loss, damage, delay, fines, attorney fees and/or expenses arising from any breach of any of the warranties in clause 10.3 or elsewhere in the waybill or in these Terms and Conditions and from any other cause whatsoever in connection with the Goods for which the Carrier is not responsible.

11.3. The Customer shall comply with all regulations or requirements of customs, port and other authorities, and shall bear and pay all duties, taxes, fines, imposts, expenses or losses (including, without prejudice to the generality of the foregoing Freight for any additional Carriage undertaken) incurred or suffered by reason of any failure to so comply, or by reason of any illegal, incorrect or insufficient declaration, marking, numbering or addressing of the Goods, and shall indemnify the Carrier in respect thereof.

12.1. Unless otherwise indicated in the Load transportation order, all sums payable to the Carrier shall be paid in full in EUR currency net of any applicable value added taxes or withholding taxes or banking charges within 14 (fourteen) calendar days after the delivery of the Goods to the designated destination, or issue of the valid, received and approved Load transportation order on the ALCS platform whichever occurs earlier. If the Customer’s particulars regarding the Goods are incorrect the Customer and the Goods shall be liable for the correct Freight and any expenses incurred in examining, weighing, measuring, or valuing the Goods.

12.2. Full Freight shall be considered completely earned on receipt of the Goods by the Carrier and shall be paid and non-returnable in any event.

12.3. The payment of demurrage and related damages is subject to the same payment terms as for the freight in this Clause 12.

12.4. All Freight shall be paid without any setoff, counter claim, deduction or stay of execution at the latest before the delivery of the Goods.

12.5. If the Customer fails to pay the Freight when due the Customer shall be liable also for the payment of a service fee (including interest (12% (twelve per cent) per annum)) due on any outstanding and/or overdue sum, reasonable attorney fees and expenses incurred as a result of collecting any sums due to the Carrier.

12.6. Payment of Freight and charges to a freight forwarder, broker or anyone other than the Carrier or its authorised agent, shall not be deemed payment to the Carrier and shall be made at the Customer’s sole risk.

13.1. The Carrier shall have a lien on the Goods and any documents relating thereto for all sums payable to the Carrier under these Terms and Conditions.

13.2. The Carrier shall also have a lien against the Customer on the Goods and any document relating thereto for all sums due by the Customer to the Carrier under any other contract whether or not related to this Carriage.

13.3. The Carrier may exercise his lien at any time and any place in his sole discretion, whether the contractual Carriage is completed or not.

13.4. In any event, any lien shall extend to cover the cost of recovering any sums due and for that purpose the Carrier shall have the right to sell the Goods by public auction or private agreement, without notice to the Customer. The Carrier’s lien shall survive delivery of the Goods.

14.1. If at any time Carriage is or is likely to be affected by any hindrance, risk, danger, delay, difficulty or disadvantage of whatsoever kind and howsoever arising which cannot be avoided by the exercise of reasonable endeavours, (even though the circumstances giving rise to such hindrance, risk, danger, delay, difficulty or disadvantage existed at the time this contract was entered into or the Goods were received for Carriage) the Carrier may at his sole discretion and without notice to the Customer and whether or not the Carriage is commenced either:

1. Carry the Goods to the contracted place of delivery, by an alternative route to that indicated on the ALCS platform. If the Carrier elects to invoke the terms of this clause (14(1)) then, notwithstanding the provisions of clause 13 hereof, the Carrier shall be entitled to charge such additional Freight as the Carrier may determine; or
2. Suspend the Carriage of the Goods and store them ashore at secured parking lot under these Terms and Conditions and endeavour to forward them as soon as possible, but the Carrier makes no representations as to the maximum period of suspension. If the Carrier elects to invoke the terms of this clause (14(2)) then, notwithstanding the provisions of clause 13 hereof, the Carrier shall be entitled to charge such additional Freight and costs as the Carrier may determine; or
3. Abandon the Carriage of the Goods and place them at the Customer’s disposal at any place, which the Carrier may deem safe and convenient, whereupon the responsibility of the Carrier in respect of such Goods shall cease. The Carrier shall nevertheless be entitled to full Freight on the Goods received for the Carriage, and the Customer shall pay any additional costs incurred by reason of the abandonment of the Goods. If the Carrier elects to use an alternative route under clause 14(1) or to suspend the Carriage under clause 14(2) this shall not prejudice the Carrier’s right to subsequently abandon the Carriage. .

15.1. Any mention in the waybill of parties to be notified of the arrival of the Goods is solely for the information of the Carrier. Failure to give such notification shall not involve the Carrier in any liability nor relieve the Customer of any obligation hereunder.

15.2. The Customer shall take delivery of the Goods within the time provided for on the ALCS platform. If the Customer fails to do so, the Carrier may without notice store the Goods ashore in the open or under cover at the sole risk of the Customer. Such storage shall constitute due delivery hereunder, and thereupon all liability whatsoever of the Carrier in respect of the Goods or that part thereof shall cease and the costs of such storage shall forthwith upon demand be paid by the Customer to the Carrier.

15.3. If the Carrier is obliged to discharge the Goods into the hands of any customs, port or other authority, such discharge shall constitute due delivery of the Goods to the Customer under the waybill.

15.4. If the Goods are unclaimed within a reasonable period of time, or incur charges whether for storage or otherwise in excess of their value, the Carrier may at his discretion and without prejudice to any other rights which he may have against the Customer, without notice and without any responsibility attaching to him sell, abandon or otherwise dispose of the Goods at the sole risk and expense of the Customer and apply any proceeds of sale in reduction of the sums due to the Carrier by the Customer.

15.5. Refusal by the Customer to take delivery of the Goods in accordance with the terms of this clause and/or to mitigate any loss or damage thereto shall constitute a waiver by the Customer to the Carrier of any claim whatsoever relating to the Goods or the Carriage thereof.

16.1. No servant or agent of the Carrier shall have the power to waive or vary any of the Terms and Conditions unless such a waiver or variation is in writing and is specifically authorised or ratified in writing by the Carrier.

16.2. In the event anything herein contained is inconsistent with any applicable international convention or national law, which cannot be departed from by private contract, the provisions hereof shall, to the extent of such inconsistency (but no further), be null and void.

17.1. Unless the CMR Convention provides otherwise, these Terms and Conditions and waybill shall be governed by and construed in accordance with law of the sender’s jurisdiction and all disputes arising hereunder shall be determined by the state courts of the country where the Goods were loaded.

17.2. Alternatively, and at the Carrier’s sole option, the Carrier may commence proceedings against the Customer at a competent court of the place of business of the Carrier.