Terms & Conditions

ABOUT CARGO SURE

Cargo Sure is an innovative service based company providing the industry with our unique & comprehensive assistance. The Cargo Sure team of multilingual & multicultural experts, surveyors, master mariners & maritime lawyers are on 24 hour standby to serve your businesses, ensuring you / your client’s commercial interests are fully protected in contract / tort and applicable law & conventions.

With the escalating rise in claims around the world due to loss or damages or injury – by applying Cargo Sure’s “one-stop- shop” ethos for loss and / or damages around the world by ship, truck, air or rail, we ensure that all elements & procedures are coordinated & safeguarded, from first notification of the incident to final settlement of claim – through accurate and efficient investigations which are mirrored in our detailed and clear claims ready reports.

CLAUSE 1: GENERAL

Unless expressly otherwise agreed upon in writing, these conditions shall apply to all offers, tenders, assignments and contracts, as well as to the execution of assignments by Cargo Sure (further referred to as Cargo Sure), as well as to anything that might arise as a result of or in connection with those offers and/or assignments.

CLAUSE 2: ASSIGNMENT

An assignment shall only relate to the matter specified in it consequences – for any other matters cannot be attached to it.

CLAUSE 3: ACKNOWLEDGEMENT OF ASSIGNMENT / CONTRACT

The contract shall be considered active after the principal has received a written (post, email or email) acknowledgement of the assignment from Cargo Sure, in which a specification is given to the object of loss or incident in question.

CLAUSE 4: OBLIGATIONS ON THE PART OF CARGO SURE

Cargo Sure shall carry out the assignment accepted by us, to the best of our knowledge and ability, accurately and impartially, as can be expected from an unbiased adjusters/surveyors/experts or lawyers. Cargo Sure only assumes obligations to the best of its best endeavours.

CLAUSE 5: APPOINTED EXPERTS / AGENTS / CORRESPONDENTS

If and insomuch as deemed necessary by Cargo Sure for the proper execution of the assignment, we shall be entitled to obtain the assistance of one or more network experts, agents or correspondents as deemed necessary.

CLAUSE 6: INFORMATION FURNISHED BY THE PRINCIPAL

  1. Upon giving the assignment, or as soon as reasonably possible afterwards, the principal shall provide Cargo Sure with all data / photographs / information and/or documentation required for the proper execution of the assignment. If required by Cargo Sure, the principal shall, in particular, furnish written information to Cargo Sure in the manner specified by Cargo Sure.
  2. Cargo Sure must be able to reasonably assume that the information received from Principals / their agents is factually correct and complete. If Cargo Sure and/or the experts, agents or correspondents appointed by Cargo Sure as referred to in clause 5, suffer any loss as a result of incorrectness and/or incompleteness of that information, the principal shall be liable to fully indemnify the injured party/parties for that loss.

 

CLAUSE 7: REPORTS

  1. At the end of the execution of the assignment, Cargo Sure shall submit a full written report to the principals describing its findings and the condition and/or quality of the object and/or purpose of the assignment.
  2. Whenever deemed necessary by Cargo Sure or agreed between Parties, Cargo Sure shall submit an interim report to the principal with resulting costs & expenses.

 

CLAUSE 8: TERMINATION & RETENTION DUTY

  1. The activities of Cargo Sure shall end with the submission of the final report relating to the assignment accepted by Cargo Sure.
  2. Cargo Sure shall retain all data (whenever possible), correspondence and documents that have a bearing on the acceptance and the execution of the assignment for a period of up to one year following the submission of the report. Upon expiry of the aforementioned one year period, the principal may (on written request) collect all data, correspondence, documents etc. submitted to the company from the Cargo Sure registered office. However, Cargo Sure cannot be held responsible in any way including, but not limited to, loss of data due to electronic failure, file corruption, fire or human error.
    At the written & explicit request of the principal the aforementioned documents and correspondence can where possible, be returned at any time during the one year time period, at the full expense and risk of the principal. Other material objects including evidence, samples etc relating to the subject of the assignment shall not be retained by Cargo Sure after the submission of the final report. Only with the explicit written request of the principal before or on receipt of the final report, the aforementioned material objects can be returned (if considered reasonably possible), at the full expense and risk of the principal.

 

CLAUSE 9: TERMS OF SETTLEMENT

  1. Unless otherwise agreed in writing, each invoice shall be payable directly to the company account, as indicated on the Cargo Sure invoice. Payment to any other account will render the payment to Cargo Sure null and void. All invoices shall be paid and received within 14 days of the Cargo Sure invoice date, unless otherwise agreed upon in writing prior to the instruction.
    Bills of exchange and cheques shall only be accepted as instruments of payment, subject to our explicit prior agreement in writting, however, all costs arising thereof shall fully remain at the expense of the principal. Payments shall be deemed to have been effected only if credited and received in the named bank account of Cargo Sure as indicated on our invoice. In the event of late payment, by operation of law and without notice of default, the invoice amount will be increased by a fixed compensation of 20% of the invoice amount per month, with a minimum payment of GBP 200.00 per month. In addition a standard interest of 4% per month will be charged as from the due date of the invoice for additional administration costs. Additional month’s arrears will be calculated from gross invoice amount plus any percentage accrued from previous months.
  2. Any complaint/s with regard to invoices shall be lodged in writing directly to Cargo Sure within 7 days from the sending of the invoice (invoice date), this by means of a motivated protest should be safely received by registered / signed for post, proving receipt by Cargo Sure. Any invoice which goes unchallenged in writing after 7 days of receipt – will be deemed as accurate & agreed upon by principls.
  3. In the event of non-payment of any invoice, Cargo Sure reserves the right to terminate any or all activities for the matter, in which case the principal is fully liable for all consequential loss or liability and will not be entitled to any compensation whatsoever.

 

CLAUSE 10: LIABILITY

  1. Cargo Sure shall under no circumstances be held liable towards the principal or their agents if the assignment complies with the provisions of clause 2 as well as clause 4; this is subject to the further provisions of this clause and those of clause 11.
  2. Except for proven & demonstrated liability on the part of Cargo Sure by virtue of any imperative legal stipulations in England & Wales, Cargo Sure shall in no way be liable for damage and/or loss of whatsoever nature, sustained directly or indirectly, including but not limited to, business interruption, loss, damage to moveable or immovable property, immobilization, personal injury or death, both to principals or at third parties, as a result of:
    1. Incorrect and/or incomplete information as referred to in clause 6. More specifically, where requested by Cargo Sure, it cannot be considered reasonable nor possible for Cargo Sure to witness the circumstances in order to obtain the information in question;
    2. Activities not carried out by Cargo Sure, inasmuch as it has reasonably been necessary for Cargo Sure, by virtue of the provisions of clause 2 and of clause 4, to carry out those activities;
    3. Errors, omissions and/or delays resulting from the incorrect operation of equipment used by Cargo Sure or their agents in the execution of its assignment & duties, unless the principal proves satisfactorily that Cargo Sure has been negligent in the care of that equipment. This exclusion applies both if the incorrect operation referred to is due to the failure or malfunctioning of the power supply and/or other exterior causes affecting the equipment, the prevention of which is not within the control of Cargo Sure, and is due to defects to the equipment itself, including software, if applicable.
    4. The non-completion or late completion of the report.
  3. Cargo Sure shall not be liable either for damage and/or loss caused any equipment and/or other objects placed at its disposal by or on behalf of the principal.
  4. The principal shall protect Cargo Sure against claims from third parties in respect of any damage to equipment and other objects placed at its disposal by or on behalf of the principal for the execution of the activities by Cargo Sure, as well as in respect of damage and/or loss to any objects to be investigated or inspected.

 

CLAUSE 11: LIMITATION OF LIABILITY AND TIME BAR

  1. Any liability on the part of Cargo Sure shall be limited in all cases to the invoice amount of the fee and expenses charged or to be charged by Cargo Sure to the principal, but shall never be in excess of the amount paid in the case in question under any professional liability insurance of Cargo Sure. Any concurrence of assignments shall in this connection be deemed to be one single case only.
  2. Any claims against Cargo Sure shall be barred by limitation one year after the date of submission of the report to the principal.

 

CLAUSE 12: INDEMNITY

The principal shall indemnify Cargo Sure against all claims arising from third parties, both in respect of the execution of duties for the assignment and in respect of the report issued by Cargo Sure.

CLAUSE 13: APPLICABLE LAW AND DISPUTES

 

  1. All offers, tenders, assignments and contracts, as well as the execution of assignments by Cargo Sure, shall be governed by the law of England & Wales.