Terms & Conditions
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withdrawn or revised by us at any time prior to acceptance by the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 are given to Korpol by the Client.
15. 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.
Please also refer to "Dangerous Goods" link (above left).
16. All goods (and documents relating to the
goods) shall be subject to a particular and general legal claim 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.
