Terms & Conditions
1. Definitions
• "Company" refers to Archer Logistics Co Ltd, including its agents and employees.
• "Customer" refers to the individual or entity for which the Company provides services, including their agents and representatives.
2. Ownership and Agency
The Customer warrants that they are either the owner of the goods or the authorized agent of the owner and accept these terms for themselves and on behalf of the owner.
3. Use of Agents and Third Parties
The Company utilizes agents and third parties to perform all services on behalf of the Customer. While the Company exercises reasonable care in selecting these agents and third parties, it does not warrant or assume responsibility for their actions or inactions. The Company is not liable for delays or losses incurred while the goods are in the custody of these agents or third parties. All claims related to their actions must be directed to the respective agent or third party.
4. Responsibility for Charges
The Customer is unconditionally responsible for all freight and other charges under these Terms and Conditions, irrespective of their role or expectation of payment from another party.
5. Payment Terms
The Customer agrees that their payment obligations are governed by these Terms and Conditions as well as the terms printed on the reverse of any Bill of Lading or Air Waybill.
6. Precedence of Terms
In the event of a conflict between these Terms and Conditions and those on the Bill of Lading or Air Waybill, these Terms and Conditions shall prevail.
7. Customer Warranties
The Customer warrants that: (a) All instructions and information provided regarding the goods or services required are accurate and valid. (b) All goods are properly prepared, packed, stowed, labeled, and marked, except where the Company has accepted instructions to do so. (c) The goods are not dangerous, damaging, or prohibited under any applicable law, except as previously agreed in writing.
8. Dangerous Goods
(a) The Company will not accept dangerous or damaging goods without prior written agreement. Such goods must be marked in compliance with applicable laws. If they pose a risk, the Company may contact the Customer for their removal at the Customer's expense. (b) The Customer shall indemnify the Company against any loss, damage, or expense resulting from handling such goods.
9. Insurance
The Company will only arrange insurance on goods upon receiving written instructions from the Customer. The Company acts solely as an agent and is not liable if the Customer fails to recover from the insurer.
10. Payment of Monies Due
The Customer must pay all monies due to the Company: (a) Immediately upon expiration of any agreed credit terms. (b) Upon release of the delivery or Bill of Lading/Air Waybill if no credit terms were agreed. (c) Upon failure to collect goods within the specified time.
11. Earned Freight and Charges
All freight and charges are deemed earned upon the provision of services by the Company and are due by the Customer.
12. Individual Accounts
Each Bill of Lading or Air Waybill shall be considered an individual account.
13. Payment without Reduction
The Customer must pay all sums due to the Company without any reduction, deferment, or set-off.
14. Appropriation of Payments
The Company may apply any payment towards any debt owed by the Customer, including credit charges and legal costs.
15. Reimbursement for Taxes and Charges
The Customer must reimburse the Company for any taxes or charges paid to expedite clearance or delivery within seven days, failing which finance charges may apply.
16. Collection Charges and Legal Costs
The Customer is responsible for all collection charges and legal costs incurred by the Company in recovering outstanding debts.
17. General Lien
(a) The Company has a general lien over all property and documents in connection with any shipment for all sums due. (b) If the Customer fails to pay sums due, the Company may sell or dispose of the goods after twenty days' notice. (c) The Company will account to the Customer for any balance remaining after sale and shall be discharged of any liability.
18. Non-Delivery
If the Customer fails to take delivery within sixty days, the Company may store, advertise, and sell the goods, applying the proceeds to any debt owed.
19. Compliance with Regulations
The Company is not obligated to perform services if the Customer does not comply with applicable regulations, including customs regulations.
20. Booking Cancellations
The Company is not liable for costs incurred due to the cancellation of bookings after a quotation is accepted.
21. Quotations and Charges
Quotations are estimates and subject to change. The Customer is responsible for any variations and additional charges.
22. Transit Times
Transit times and arrival dates are estimates and may change without notice.
23. Exclusions in Quotations
Unless specifically stated, quotations exclude cargo insurance, legalizations, letter of credit charges, freight collection charges, and other charges.
24. Liability for Negligence
The Company is only liable for its negligent acts that directly cause injury or loss to the Customer.
25. Force Majeure
The Company is relieved of liability for any loss or damage caused by force majeure events.
26. Indemnification
The Customer shall indemnify the Company against any claims or liabilities arising from the importation or exportation of goods or any conduct violating the law.
27. Amendments
These Terms and Conditions may only be modified in writing by both the Customer and the Company.
28. Severability
If any Term or Condition is deemed invalid, the remaining Terms and Conditions shall remain in effect.
29. Delivery to Customer’s Door
All deliveries are performed by designated third-party providers. The Company is not responsible for any loss, damage, or claims arising from transportation after the goods have been dispatched by the Company. The Customer agrees that any claims or disputes relating to delivery must be directed to the third-party provider responsible for the transportation. The Customer further acknowledges that the Company does not provide insurance coverage for the transportation of goods to the Customer's door unless specifically requested in writing.
30. Brokerage Service
31. Governing Law
These Terms and Conditions are governed by the laws of Trinidad and Tobago.