(Please read carefully)
These terms and conditions of service constitute a legally binding contract between the "Company" and the "Customer". In the event the Company renders services and issues a document containing Terms and Conditions governing such services, the Terms and Conditions set forth in such other documents(s) shall govern those services.
"Company" shall mean PT. Adhi Darma Cargo, its subsidiaries, related companies, agents and/or representatives;
"Customer" shall mean the person for which the Company is rendering service, as well as its agents and/or representatives, including, but not limited to, shippers, importers, exporters, carriers, secured parties, warehousemen, buyers and/or sellers, shipper's agents, insurers and underwriters, break-bulk agents, consignees, etc. It is the responsibility of the Customer to provide notice and copy(s) of these terms and conditions of service to all such agents or representatives;
"Documentation" shall mean all information received directly or indirectly from Customer, whether in paper or electronic form;
"Third parties" shall include, but not be limited to, the following: "carriers, truckmen, cartmen, lightermen, forwarders, OTIs, customs brokers, agents, warehousemen and others to which the goods are entrusted for transportation, cartage, handling and/or delivery and/or storage or otherwise".
- Company as agent
The Company acts as the "agent" of the Customer for the purpose of performing duties in connection with the entry and release of goods, post-entry services, the securing of export licenses, the filing of export documentation on behalf of the Customer, and other dealings with Government Agencies: as to all other services, Company acts as an independent contractor.
- Liability Limitations of Third Parties
The Company is authorized to select and engage carriers, truck men, lightermen, forwarders, customs brokers, agents, warehousemen and others, as required, to transport, store, deal with and deliver the goods, all of whom shall be considered as the agents of the Customer, and the goods may be entrusted to such agencies subject to all conditions as to limitation of liability for loss, damage, expense or delay and to all rules, regulations, requirements and conditions, whether printed, written or stamped, appearing in bills of lading, receipts or tariffs issued by such carriers, truck men, lightermen, forwarders, customs brokers, agents, warehousemen and others. The Company shall under no circumstances be liable for any loss, damage, expense or delay to the goods for any reason whatsoever when said goods are in custody, possession or control of third parties selected by the Company to forward, enter and clear, transport or render other services with respect to such goods.
- Quotations Not Binding
Quotations as to fees, rates of duty, freight charges, insurance premiums, or other charges given by the Company to the Customer are for informational purposes only and are subject to change without notice and shall not under any circumstances be binding upon the Company unless the Company in writing specifically undertakes the handling or transportation of the shipment at a specific rate.
Unless requested to do so in writing and confirmed to Customer in writing, Company is under no obligation to procure insurance on Customer's behalf; in all cases, Customer shall pay all premiums and costs in connection with procuring requested insurance. Company will only act as the mediator for the customer to the insurance company, any decisions and results regarding the insurance company’s compensation is not under company’s control. All claims must be submitted to the Company within 14 days after delivery made.
- Customs Clearance, Import Duties, V.A.T, Harbor fee, etc in your country
In the International Cargo Transportation by Sea Industry regulation, the term Ocean Freight means the price paid by shipper for the transfer (sailing) his/her cargo between ocean freight carrier's terminals in countries of origin and destinations. Shipping Costs of international ocean freight may not include origin and/or destination charges. Destination charges such as import duties, V.A.T, harbor, clearing, and delivery charges are responsible of the consignee. Similar charges also applied for air freight.
- Advancing Money
All charges must be paid by Customer in advance unless the Company agrees in writing to extend credit to Customer; the granting of credit to a Customer in connection with a particular transaction shall not be considered a waiver of this provision by the Company. All shipping payment have to be paid once the company showing the Draft or before the Bill of Lading delivered. Any custom delay that occurred because of payment hold is not company's responsible.
- Disclaimers; Limitation of Liability.
- Except as specifically set forth herein, Company makes no express or implied warranties in connection with its services;
- Subject to below, Customer agrees that in connection with any and all services performed by the Company, the Company shall only be liable for its negligent acts, which are the direct and proximate cause of any injury to Customer, including loss or damage to Customer's goods, and the Company shall in no event be liable for the acts of third parties;
- In no event shall Company be liable or responsible for consequential, indirect, incidental, statutory or punitive damages even if it has been put on notice of the possibility of such damages
- Governing Law; Consent to Jurisdiction and Venue
These terms and conditions of service and the relationship of the parties shall be construed according to the laws of the Negara Kesatuan Republik Indonesia without giving consideration to principles of conflict of law. All disputes arising hereunder shall be resolved at Pengadilan Negeri Denpasar, Bali and at no other place.
Customer and Company
- irrevocably consent to the jurisdiction of courts located in Pengadilan Negeri, Denpasar;
- agree that any action relating to the services performed by Company, shall only be brought in said courts;
- consent to the exercise of in personam jurisdiction by said courts over it, and
- further agree that any action to enforce a judgment may be instituted in any jurisdiction.