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1. |
OCS
(HK) Co., Ltd. shall in these conditions
include OCS (HK) Co., Ltd. and their
respective associate and subsidiary
companies and appointed agents in
the country of domicile of the customer. |
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2. |
Any business
undertaken by OCS is carried out
subject to the conditions hereinafter
set out, each of which shall be
deemed to be incorporated, in and
to be a condition of any agreement
whether written, oral or implied
between OCS and a customer, OCS
shall not be bound by any agreement
supporting to vary these conditions
unless such agreement shall be in
writing and signed on behalf of
OCS by a competent officer thereof.
In absence of any such written agreement
to the contrary these conditions
shall constitute the entire agreement
between OCS and each of its customers. |
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3. |
OCS is not a
common carrier and will only carry
goods subject to these condition
which can only be altered by written
agreement with OCS. OCS reserves
the right to refuse the carriage,
or transportation of any goods for
any person, firm or company and
the carriage or transportation of
any class of goods at its discretion. |
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4. |
OCS undertakes,
subjects to payment in accordance
with rates notified to the customers
from time to time to carry the customer's
goods between OCS and individual
customers. OCS procedure and by
successive carriers and according
to its own handling, storage and
transportation methods. |
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5. |
OCS will notify
customers from time to time of any
materials which are not accepted
by OCS for carriage (and in this
regard see Clause 13). Where customers
are supplied by OCS with a pouch,
it is the customers responsibility
to place all goods for carriage
in that pouch which will be collected
from the customers premises or as
otherwise agreed by OCS representative
for onward transmission. |
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6. |
Any rates quoted
by OCS for carriage are exclusive
of Value Added Tax, where applicable
but are inclusive of, local airport
taxes, which taxes constitute the
total liability of OCS in connection
with taxation, duties, levies, imports,
deposits or outlays in respect of
carriage of the customer's goods.
Quotations are given on the basis
of immediate acceptance and are
subject to right of with of withdrawal
or revision with or without notice. |
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7. |
The customer
is liable for all losses, damages
and expenses arising as a result
of its failure to comply with its
obligations hereunder or as a result
of its negligence. OCS will not
be liable for any penalties imposed
or loss incurred due to the customer's
goods being impounded by customs
or similar authorities and the customer
hereby indemnifies OCS against any
such penalty or loss, OCS accepts
no responsibility for incorrect
packaging or damages to goods or
goods consigned unless such damages
can be proven to have arisen through
the gross negligence of OCS, its
servants or agents. It is the sole
responsibility of the customers
adequately each consignment of goods
to enable effective delivery to
be made. OCS shall not be liable
for delay in delivery or forwarding
resulting from its customer's failure
to comply with its obligation in
this respect. |
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8. |
OCS reserves
the right to inspect the goods consigned
by its customers to ensure that
all goods or particular items are
capable of carriage to the country
of destinations within the standard
operating procedures, customs declaration
and handling methods of OCS. In
making this reservation OCS does
not warrant that any particular
item to be carried is capable of
carriage without infringing the
law of any country or state from
to or through which the item may
be carried. |
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9. |
OCS will only
carry goods which are the property
of the customers and the customer
warrants that it is authorized to
accept and is accepting these conditions
not only on behalf of itself but
also as agent for and on behalf
of all other persons who are or
may thereafter become interested
in the goods. The customer hereby
undertakes to indemnify OCS against
any damages, costs and expenses
resulting from any breach of this
warranty. |
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10. |
OCS is responsible
for the customer's goods whilst
they are within its custody or control
and shall be liable subject to Clause
11 hereof for loss sustained by
the customer due to damage or loss
of the goods whilst under OCS custody
of control provided that such loss
or damage was due to the negligence
of OCS, its servants or agents.
Save as aforesaid OCS shall be under
no liability in respect of the goods
carried by it and in particular
shall not liable, for consequential
loss however the same shall rise.
The parties agree that consequential
loss shall be deemed to included
without restriction commercial.
Financial or other direct loss including
loss of interest and utility whilst
OCS will try to deliver document
in accordance with any agreed schedule
OCS will not be liable for delay
or non-performance of any carriage. |
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11.
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(a) OCS
shall not be liable for or in
respect of any loss or damages
suffered by the customer howsoever
caused or arising and without
limiting the generality of the
foregoing, whether caused or arising
by reason or on account of loss
or damages to goods, destruction
of goods as a result of mis-delivery
or non-delivery or delay in delivery,
concealed damages, deterioration,
contamination, evaporation, cancellations,
or delays in scheduled air flight
in customs procedures or any internal
re-mailing or any other means
of non-forwarding in or to overseas
countries, war, invasion, acts
or foreign enemies, hostility
(whether war be declared or not),
civil war, rebellion, insurrection
military or usurped power, confiscation,
nationalism, or under the order
of any Government or public or
local authority.
(b) OCS shall not under any circumstances
be liable for loss or damages
resulting from of attributable
to any question, statement representation
of information whether oral or
in writing however wheresoever
or to whomsoever made or given
by or on behalf of the Company
or by any servant, employee or
agent of the Company as to the
classification of or liability
for amount, scale or rate of or
as to whether any goods or property
are such that the Company shall
commit any breach of any Act of
parliament Regulation or Ordinance
made in respect of the same.
(c) OCS does not give any advice
with respect to the provisions
of any Act of parliament or rules
or regulation made thereunder
or of any subordinate or autonomic
legislation of whatsoever type
or kind, or represent or advise
that any action by it or on its
behalf complies or will comply
with such provisions. This Company
does not claim that it possesses
the standard of competence or
its prepared to exercise the diligence
generally shown by persons who
carry on the business of giving
advice of the kind hereinbefore
referred to. The Company is not
acquainted with the standard or
capable of complying with it and
has no appreciation of the native
and magnitude of the loss which
the customer may substain, if
the Company do not comply with
such provisions. |
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12. |
Any claim brought
by a customer against OCS, in respect
of duties and liabilities hereunder
must be notified by the customer
to an office of OCS in writing within
28 days of the day when the goods
should have reached their destination.
No claim may be made against OCS
outside this time limit. |
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13. |
OCS will not
carry (in addition to those items
mentioned in Clause 3 hereof) dangerous,
hazardous, combustible or explosive
material, gold and silver bullion,
coin, dust, cyanides, precipitates
or any form of including commercial
cargos or industrial diamonds, currency
(paper or coin) of any nationality,
uncancelled postage or revenue stamps,
blank or endorsed bank cashier's
cheques, money orders or traveller's
cheques, negotiable securities,
letters, antiques, pictures, livestock
or plants and in the event that
any customer should consign such
items with OCS the customer shall
indemnify OCS for all claim, damages
and expenses arising in connection
therewith and OCS including the
right to abandon carriage of the
same immediately upon OCS having
knowledge that such item infringes
these conditions. |
| 14. |
OCS is not an air transport undertaking
within the Warsaw Convention 1929
and subsequent air carriage treaties
and legislation and act as agent
for its customers when consigning
goods with a particular airline
for onward carriage, and without
prejudice to its general right of
subrogation hereunder OCS shall
have the right to recover compensation
from any airline for loss, damages
or expenses which OCS shall either
incur itself or which loss, damages
or expenses shall have accrued to
a customer hereunder. |
| 15. |
All Agreements between OCS and
its customers shall be governed
by local Law and within the exclusive
jurisdiction of the local Courts. |
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16.
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The customer
is liable for all courier charges
as well as any charges which may
incur for delivery of carriage in
case of consignee fail to pay the
courier charges of consignment under
collect basic. |
