Untitled Document
  SHIB STANDARD TRADING CONDITIONS  
1- The following terms and conditions shall govern the relationship between Shib International (Shipping & Forwarding) Co. Ltd. (hereinafter referred to as " the company ") and customers in respect of any and all business undertaken by the company.

 
2- It is expressly understood and agreed that whenever the company is instructed to clear, forward, transport or store goods or render any other service, the company is authorized to entrust any or all such services to third parties subject to the latter contractual conditions and the customer shall be bound by such conditions and shall indemnify the company against any claims arising there from.

 
3- The customer hereby warrants that they are either the owners or their authorized agents in respect of the subject matter of the transaction.

 
4- The company shall have absolute freedom in respect of means, route and procedure to be followed in clearing, forwarding, transportation, storage and handling of goods.

 
5- The customer shall have no claim whatsoever on all brokerages, commissions and allowances and any other remunerations received by the company as shipping and forwarding agents and as insurance brokers.

 
6- Company's quotations shall be on the basis of immediate acceptance and subject always to the company's right of withdrawal or revision with or without notice.

 
7- The customer shall be bound by and shall be deemed to have warranted the accuracy of description, values and other particulars furnished to the company and undertakes to indemnify the company against all losses, damages, expenses, fines resulting from any inaccuracy or omission even if such inaccuracy or omission is not due to any negligence.

 
8- The company shall not be liable under any circumstances whatsoever for any loss, damage or expense arising from directly or indirectly connected with marks, weight, numbers, brands, contents, quality or description of goods.

 
9- No liability shall attach to the company or their servants and agents for delay or detention of goods and any consequent loss or damage or deterioration unless such delay or detention was due solely to the willful negligence of the company or their servants.

 
10- The company shall not be under any obligation to insure the goods except on express directions in writing of the customer. The company shall not be bound to effect separate insurance on each consignment, but may declare the same on any open or general policy of insurance. The insured shall have no recourse against the company for any claims in respect of the policy of insurance.

 
11- The customer shall be liable for any duty, fines and any other imposition levied by the customs, port, municipal and other authorities in connection with the goods and shall make good to the company any expense, loss or damage incurred by the company on this behalf.

 
12- The company shall not be liable for loss of any particular market or damages directly or indirectly attributable thereto.

 
13- The company assumes no responsibility for insufficient or improper packing or addressing, perishables, fragile goods and for any mechanical derangement of the goods, riots, civil commotion, strikes, lockouts, stoppages and any labour unrest or restraint, customer's failure to receive the goods as soon as they are available for delivery to him.

 
14- The company's liability shall under no circumstance exceed the invoice value of the goods or a sum at the rate of SDR 2 per kilo of goods lost or damaged whichever shall be lower. In the case of furniture, China glass, plate and household effects of any kind, the liability shall be limited to USD 20 per package, suite of furniture or article.

 
15- The Company may undertake business on cash on delivery basis on condition that the company will be liable to exercise reasonable diligence and care only.

 
16- Perishable goods, which are not taken up immediately upon arrival or which are insufficiently addressed or marked or otherwise not identifiable, may be sold or otherwise disposed of without any notice to the senders, owners or consignees of the goods, and payment or tender of the net proceeds of any sale after deuction of charges shall be equivalent to delivery.

 
17- Non-perishable goods which cannot be delivered either because they are insufficiently or incorrectly addressed or because they are not collected or accepted by the consignee may be sold or returned at the company's option at any time after the expiration of 7 days from a notice in writing sent to the address which the sender gave to the company on delivery of the goods. The customer shall pay all charges and expenses arising in connection with the sale or return of the goods. A communication from any agent or correspondent of the company to the effect that the goods cannot be delivered or that means of conveyance have been kept in detention for any reason shall be conclusive evidence of that fact.

 
18- Except under special arrangement previously made in writing the company will not accept or deal with any noxious, dangerous, hazardous or inflammable or explosive goods or any goods likely to cause damage. Any person delivering such goods to the company or causing the company to handle or deal with any such goods (except under special arrangements previously made in writing) shall be liable for all loss or damage caused thereby and shall indemnify the company against all penalties, claims, damages, costs and expenses arising in connection therewith and the goods may 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. If such goods are accepted under arrangements previously made in writing they may nevertheless be so destroyed or otherwise dealt with if they become dangerous to other goods or property. The expression "goods likely to cause damage " includes goods to harbor or encourage vermin or other pests.

 
19- Except under special arrangements previously made in writing the company will not accept bullion, coins, precious stones, jewellery, valuables, antiques, pictures, livestock or plants, and the company will not accept any liability whatever for any such goods except under special arrangements previously made in writing.

 
20- Pending forwarding and delivery, goods may be warehoused or otherwise held at any place or places at the sole discretion of the company at the owner's risk and expense.

 
21- The company shall have particular and general lien on all goods and documents thereof for invoice due from the customer, if such dues are not paid within 7 days from the date of a written notice sent by post to the last known address of the customer, the company may in exercise of its lien, sell the goods by auction or otherwise at the sole expense of the customer and the sale proceeds applied towards the dues and balance if any paid to the customer.

 
22- The servants, employees and agents of the company shall be entitled to the benefits of all provisions in these conditions, which exclude or restrict fortuitous liability of any kind.

 
23- The laws of Iran shall govern all agreements between the company and its customers.

 
24- The company shall not under any circumstances be liable for loss or damage resulting from fire, water, explosion or theft or any other matter outside the control of the company and in any event whether caused by negligence of the company's servants or otherwise.

 
25- In the event of unexplained loss of goods in the custody of the company the liability of the company shall not exceed the limits defined in clause 14 thereof.

 
26- In case that the carriage is done by road by the company the provisions of the CMR convention shall apply always provided the company has acted as principal or contracting carrier and has signed the CMR waybill as carriers.

 
27- In case that the carriage is done by sea through the company the provisions of the Maritime Act of Iran shall apply always provided the company has acted as principal or contracting carrier and has signed the Ocean or Through B/L as carrier.

 
28- In case the freight forwarder acts as agents(except as principal)or as principal otherwise called carrier the FIATA Model Rules for Freight Forwarding Services shall govern over all contracts, correspondence, transactions, verbal or written undertakings of any kind or nature.