Hibernia Line Freight General Terms And Conditions Of Sale And Services
Definitions
1.1 “Additional Services” means any optional or extra services within the scope of these General Terms, including any Storage Services or Reefer Services, or which are otherwise requested by Customer and provided by Carrier in addition to those Maritime Transport Services performed by Carrier.
1.2 “Akka” means the vessel operated pursuant to a time charter party between TT-Line Ferry Service GmbH & Co KG as owners and Carrier as charterers.
1.3 “Article of Transport” includes, but is not limited to (unless otherwise indicated) (i) any vehicle, self-propelled machine, wagon/railcar, trailer, container, swap body, secu-box, or other similar standardized and compartment unit of transportation; (ii) transportable tank, drum, tote, pail, roll trailer, bolster, cassette, flat rack, pallet, crate, skid, or other similar package/item/thing used for the consolidation of the cargo and shipping units, and any equipment thereof or connected thereto; and/or (iii) any other article of transport or article which has the same characteristics for the purpose of maritime/multi-modal transport.
1.4 “Booking” has the meaning given to that term in Clause 3.1.
1.5 “Booking Confirmation” means the email issued by Carrier to Customer confirming acceptance of the Booking and setting out the details of Services to be provided.
1.6 “Carrier” means Hibernia Line Unlimited Company, whose business address is at 45 Kildare Street, Dublin 2, Ireland.
1.7 “Credit Terms” means the Hibernia Line Credit Terms and Conditions issued by Carrier and published in electronic form on Carrier’s website, www.hibernialine.com.
1.8 “Carriage” means the action or process of transporting or carrying the Goods by Carrier from one place to another using a specific mode of transportation, as agreed between the Parties.
1.9 “Closing Time” has the meaning given to that term in Clause 19.3.
1.10 “Customer” refers to the legal or natural person with whom Carrier is contracting for the performance of the Services.
1.11 “Dangerous Goods” has the meaning given to that term in Clause 17.2.
1.12 “Discloser” has the meaning given to that term in Clause 28.2.
1.13 “Force Majeure Event” means any unusual and unforeseeable circumstances beyond Carrier’s control, the consequences of which could not have been avoided even if reasonable measures had been taken, including but not limited to pandemics, lockdowns, travel restrictions, war or threat of war, riots, civil strife, terrorist activity, industrial disputes, natural or nuclear disaster, fire, adverse weather conditions, port closures, and extraordinary technical or engineering problems.
1.14 “Freight” means all prices, charges and other amounts and other sums payable by Customer to Carrier for the Services, in accordance with the applicable tariffs, the Booking Confirmation and these General Terms, including all surcharges which Carrier may levy, including but not limited to the EU Emissions Trading Scheme (“ETS”) and the Bunker Adjustment Factor (“BAF”).
1.15 “General Terms” means these General Terms and Conditions of Sale and Services issued by Carrier and published in electronic form on Carrier’s website, www.hibernialine.com.
1.16 “Goods” means the whole or any part of the cargo, and its packaging, received and accepted from or through Customer for their Carriage by Carrier.
1.17 “Illegal Migrants” has the meaning given to that term in Clause 26.2.
1.18 “IMDG Code” has the meaning given to that term in Clause 17.1.
1.19 “LBG” has the meaning given to that term in Clause 17.7.
1.20 “LNG” has the meaning given to that term in Clause 17.7.
1.21 “Maritime Transport Services” means maritime transport of cargo between the ports of Cork, Ireland and Boulogne-Sur-Mer, France.
1.22 “Other Ship” has the meaning given to that term in Clause 15.1.
1.23 “Oversized Unit” has the meaning given to that term in Clause 22.1.
1.24 “Owner” means the person who owns or is legally entitled to possession of the transported Goods.
1.25 “Party” means Carrier and Customer individually, and “Parties” means both of these contractual partners jointly.
1.26 “Prohibited Cargo” has the meaning given to that term in Clause 26.1.
1.27 “Recipient” has the meaning given to that term in Clause 28.2.
1.28 “Reefer Services” has the meaning given to that term in Clause 21.1.
1.29 “Relevant Authorities” means the jurisdictions of Ireland, France, the European Union, or the jurisdictions of any other countries where a Vessel is sailing or calling.
1.30 “Services” refers collectively to all Maritime Transport Services and any Additional Services as contracted between the Parties in accordance with the Booking Confirmation.
1.31 “Storage Services” has the meaning given to that term in Clause 25.1.
1.32 “Vessels” means the Akka and the St. Patrick and any other vessel used by Carrier for the purposes of the Services from time to time (each a “Vessel”).
1.33 “Vessel Owners” has the meaning given to that term in Clause 13.2.
2. Purpose and Scope of Application
2.1 Carrier’s deliveries, operations and offers for the Services are governed by these General Terms.
2.2 Carrier is not and does not hold itself out as a common carrier and reserves the right to refuse any Goods for carriage and does not guarantee the sailings of any Vessel.
2.3 These General Terms prevail over any terms and conditions of Customer. Any terms of Customer that conflict with or deviate from these General Terms shall have no effect, and Carrier’s acceptance or performance of any delivery shall not constitute acceptance of any such terms. Any amendments or supplements to these General Terms require Carrier’s express prior written consent to be valid.
2.4 Except to the extent otherwise agreed in writing between the Parties, and subject to Clause 2.5, these General Terms and the Credit Terms shall govern all future contracts and orders for the Services between Carrier and Customer.
2.5 Carrier reserves the right to amend these General Terms at any time without prior notice to Customer. Any such amendment shall only apply to Booking Confirmations received by Customer after the effective date of the amendment.
3. Booking System
3.1 A booking submitted by Customer through the booking system available on Carrier’s website, www.hibernialine.com, together with all information required by Carrier, shall constitute an offer by Customer to purchase the Services on the terms set out in these General Terms (the “Booking”).
3.2 Carrier shall, upon review of the Booking, either issue a Booking Confirmation to Customer or decline the Booking. Carrier is under no obligation to accept any Booking. A binding agreement between Carrier and Customer for the provision of the Services shall be formed upon Carrier’s issuance of a Booking Confirmation. Payment for the Services shall be made by Customer in accordance with the Credit Terms.
3.3 Bookings made by Customer are governed solely by these General Terms and the Credit Terms, together with any specific terms set out in the Booking Confirmation, unless the Parties expressly agree otherwise in writing.
3.4 By making a Booking, Customer accepts these General Terms. Customer waives any other terms and conditions, however arising, including those arising from applicable laws, other contracts, trade terms, or legal customs, prior dealings or trade practices between the Parties, or any other legal basis.
3.5 Where Customer is not the shipper and/or the consignee, Customer accepts these General Terms on its own behalf and on behalf of the shipper, the consignee, and/or the owner of the Goods, and warrants that it has authority to do so.
3.6 Any additions and amendments to be made to the Booking Confirmation must be agreed in writing to be binding between the Parties.
4. Extent of Services
4.1 Carrier provides to Customer the Services specified in the Booking Confirmation, during the time period in which the Goods are in the custody of Carrier.
4.2 Carrier shall transport the Goods from the place of port of loading to the port of discharge, as specified in the Booking Confirmation. Where applicable, this includes any agreed Additional Services. Transport shall be carried out in accordance with these General Terms and the applicable Booking Confirmation, or any subsequent modification thereof agreed in writing between the Parties.
5. Freight
5.1 Subject to Clauses 5.4 and 5.5, freight shall be charged and payable in accordance with these General Terms, the Booking Confirmation, as amended from time to time, or as otherwise agreed between the Parties.
5.2 Basic sea freight for trailers, lorries and self-propelled machines will be charged to the next full metre.
5.3 Details of Carrier’s Fuel Surcharges are published on the website, www.hibernialine.com.
5.4 Notwithstanding the freight rates set out in the Booking Confirmation, Carrier reserves the right to agree with Customer a different rate in respect of any Goods or Article of Transport which, by reason of their unusual size, weight, configuration, nature or other special characteristics, require non-standard handling, stowage or carriage arrangements. In such circumstances, Carrier shall notify Customer of the applicable rate prior to loading, and Customer’s delivery of the Goods for shipment shall constitute acceptance of such rate.
5.5 Carrier reserves the right to adjust freight prices at any time in order to reflect increases in shipping costs, including fuel prices, currency exchange rates, taxes, levies and duties, port charges, security charges, insurance payments, port service fees and handling costs, and other similar costs.
6. Customer Information
6.1 Customer warrants that all information provided to Carrier in connection with any Booking, including but not limited to the description, nature, weight, dimensions, quantity, volume and condition of the Goods, the characteristics of any Article of Transport, and any dangerous or special properties of the Goods, is complete, accurate and not misleading in any respect. Customer shall promptly notify Carrier in writing of any change to such information prior to the scheduled departure of the Vessel. Customer shall indemnify Carrier against all claims, losses, damages, costs and expenses arising from or in connection with any inaccuracy, incompleteness or omission in the information so provided.
6.2 Carrier reserves the right, at its sole discretion, to refuse any Booking or to refuse the boarding or loading of any Goods onto the Vessel where Carrier has identified any issue, deficiency, non-compliance or other matter of concern in respect of the Goods, the Article of Transport, Customer’s documentation or Customer’s compliance with these General Terms, and Customer has failed to rectify such issue to Carrier’s reasonable satisfaction prior to the scheduled departure of the Vessel. Carrier shall not be liable for any loss, damage, cost, expense or delay arising from or in connection with any such refusal.
6.3 Customer shall ensure that all drivers or other persons accompanying the Goods possess all necessary travel documents, passports, health documentation, visas or identification papers and shall indemnify Carrier for any claims, fines or levies imposed on Carrier for failure to produce such documents when requested.
7. Customs and Restrictive Measures
7.1 Customer shall obtain and maintain all necessary export, transit, and import permissions and licenses as may be required to accompany the Goods, subject to any national or international import or export prohibitions or restrictions. These restrictions or prohibitions may, inter alia, be imposed by the Relevant Authorities.
7.2 Customer is obliged to prove to the Carrier the customs status of the Goods, including any content inside, as required by the respective Customs for the vessel’s manifest
7.3 By making a Booking, Customer assures that the Goods and all interested parties involved in the respective shipping or possible financing of the Goods are not subject to any restrictive measures imposed, inter alia, by the Relevant Authorities.
8. Taxes and Levies
8.1 All quoted freights, fees, and surcharges are exclusive of taxes and other charges imposed by applicable legislation or by competent authorities and shall be invoiced separately in addition to quoted prices, regardless of whether they were known to Carrier at the time of the offer or issuance of the Booking Confirmation.
8.2 Customer shall pay all taxes, public charges and other similar amounts directly or reimburse Carrier for all such amounts, whether and to the extent (i) these amounts are imposed on Customer or (ii) required to be collected by Carrier or (iii) imposed on the Services or Carrier, in connection with the sale and carriage of the Services.
8.3 Customer confirms that it has provided all necessary and accurate information required for Carrier’s compliance in all respects with the VAT Directive CD 2006/112/EC (as amended from time to time) and any other applicable VAT legislation. Customer shall indemnify Carrier against any losses, liabilities and expenses arising from inaccuracies or inadequacies in such information.
9. Liability of Carrier
9.1 Carrier’s liability for the Services and any transportation of the Goods is determined by these General Terms and according to the mandatory provisions of applicable law and relevant international conventions applicable to the Services, unless and to the extent otherwise explicitly agreed between the Parties.
9.2 Notwithstanding anything else set forth in these General Terms, to the fullest extent permitted by law, Carrier shall not be liable for any loss, damage or delay to Goods from any cause whatsoever, whether caused or contributed to by any negligence, neglect or fault by Carrier, its servants or agents, or any party or person for whom Carrier is responsible.
9.3 Notwithstanding anything else set forth in these General Terms, to the fullest extent permitted by law, Carrier shall not be liable for any indirect, special, punitive, exemplary, incidental or consequential loss or damage, including but not limited to loss of profit, revenue, income, production, use, contract, business opportunity, data, goodwill, business reputation or increased financial costs. This exclusion applies regardless of the legal basis of the claim (whether in contract, tort, breach of statutory duty or otherwise), and regardless of whether Carrier was advised of the possibility of such loss in advance. In addition, Carrier shall have the benefit of all statutory limitations and immunities from liability in favour of Carrier in force in Ireland, France and the jurisdictions of any other countries where the Vessel is sailing or calling from time to time, including, but not limited to, the Athens Convention 1974 Relating to the Carriage of Passengers and their Luggage by Sea (as amended from time to time), the Merchant Shipping (Liability of Shipowners and Others) Act, 1996 (and in Particular Article IV and Article IV bis of the Third Schedule (Articles I to X of the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading as Amended by the 1968 and 1979 Protocols)).
9.4 Carrier shall not be liable for any loss of or damage to the Goods which arose or resulted from: (i) any Force Majeure Event; (ii) Carrier saving or attempting to save life or property at sea; (iii) perils, dangers and accidents of the sea; (iv) insufficiency of packaging or marks; (v) any act, neglect or default of the master, mariner, pilot or the servants of Carrier in the navigation or in the management of the Vessel; (vi) act or omission of the shipper or owner of the Goods, his agent, or representative; (vii) any other cause arising without the actual fault of Carrier or its agents or servants; (viii) compliance with Customer (or Customer’s driver or other person accompanying Goods) instructions; and/or (ix) Carrier’s compliance with law.
9.5 In the case of any loss or damage to the Goods which is apparent, unless notice of loss or damage and the general nature of such loss or damage be given in writing to Carrier at the port of discharge before or at the time of the removal of the Goods into the custody of Customer (or other person entitled to delivery thereof), such removal shall be prima facie evidence of the delivery by Carrier of the Goods as described in the Booking Confirmation, failing which all rights of action against Carrier shall be absolutely barred.
9.6 If the loss or damage to the Goods is not apparent at the time of removal of the Goods, any claim of whatsoever nature in respect of the Goods must be made in writing to Carrier within fourteen (14) days from the day on which the Goods are delivered or would in the ordinary course have been delivered, failing which all rights of action against Carrier shall be absolutely barred.
9.7 In the case of any actual or apprehended loss or damage, Carrier and Customer (or other person entitled to delivery thereof) shall give all reasonable facilities to each other for inspecting and tallying the Goods.
9.8 No claim shall be submitted to Carrier, and Carrier shall not accept liability, where the claimed damage or loss is less than EUR 1000, except where such minor damage or loss is directly and indisputably caused by Carrier’s negligence.
9.9 Any liability of Carrier shall cease unless suit is brought within twelve months of the delivery of the Goods or the date when the Goods should have been delivered.
10. Lien
10.1 Where Goods are carried or are to be carried on the Akka, Customer acknowledges and agrees that the owners (including any substitute owner) of the Akka shall have, and Customer expressly subjects those Goods to, a lien over all such shipped Goods (whether before or after discharge) and over all freight, sub-freights and sub-hire (including dead freight, demurrage and damages for detention) for any sums due under the charter party pursuant to which the Akka is operated.
10.2 Customer warrants that it has authority to subject the Goods to the lien created by this Clause 10 and that it has given notice of this lien to all persons having an interest in the Goods. Customer shall indemnify Carrier against any loss, damage, cost or liability arising from any breach of this warranty.
10.3 The rights conferred by this Clause 10 are in addition to any lien, right of retention or other remedy available to Carrier or the owners of the Vessel at law or in equity and shall survive termination of the contract of freight until all secured sums are discharged in full.
11. Liability of Customer
11.1 Customer’s liability for the Services and any transportation of the Goods is determined by these General Terms and by the mandatory provisions of applicable law and relevant international conventions applied to the Services.
11.2 Customer is responsible for the stowage and securing of the Goods inside the Article of Transport. Customer shall ensure that the Goods are loaded, stowed, lashed and secured adequately with regard to the strains that the Goods may be exposed to in transit on board the Vessel and that the Article of Transport is equipped with appropriate lashing and securing points accessible outside of the skeleton of the Article of Transport.
11.3 Customer is responsible for, and shall indemnify Carrier against, any loss, damage, cost or liability arising from the act or omission of any driver or other person accompanying the Goods, including but not limited to any damage to the Vessel and/or the injury of any person.
11.4 Customer agrees that any driver or other person carried as a passenger in connection with the Services provided to Customer, whether in the same Vessel as the Goods or otherwise, shall be so carried by sea only subject to the provisions of the Athens Convention 1974 relating to the Carriage of Passengers and their Luggage by Sea (as amended from time to time) and any applicable legislation giving effect thereto. Customer shall indemnify Carrier in respect of any claim made by or on behalf of (i) any such driver or other person or his or their personal representatives, whether for injury, loss of life or otherwise whatsoever; or (ii) any person, whether for injury, loss of life or otherwise whatsoever, resulting from an accident or incident involving the Article of Transport or driver concerned.
12.Documentation
12.1 No bill of lading or any other document or receipt which could be construed as a bill of lading shall be issued by Carrier in respect of the Goods.
12.2 Each shipment of the Goods shall be subject to and governed by these General Terms and the applicable Booking Confirmation in full, and the absence of any transport document shall not affect the rights, obligations or liabilities of Carrier or Customer in respect of such shipment.
12.3 In the event that Customer is not the consignee and/or the owner for any particular shipment of the Goods, then the contractual relationship between Carrier and the consignee and/or the owner of the shipment of the Goods is subject to these General Terms and as it is determined by the mandatory provisions of the applicable law and relevant international conventions referred to therein.
13.BIMCO Sanctions Clause for Time Charter Parties.
13.1 Customer warrants that they, their servants or agents, are not subject to any sanction, prohibition, restriction imposed on any specified persons, entities or bodies, including the designation of specified vessels or fleets under United Nations Resolutions or trade or economic sanctions, laws or regulations of the European Union or the United States of America which prohibit or render unlawful any performance under the Booking Confirmation.
13.2 Owners of the Vessels (the “Vessel Owners”) shall not be obliged to comply with any orders for the employment of the Vessel in any carriage, trade or on a voyage which, in the reasonable judgement of Vessel Owners, will expose the Vessel, Vessel Owners, managers, crew, the Vessel’s insurers, or their re-insurers, to any sanction or prohibition imposed by any State, Supranational or International Governmental Organisation.
13.3 If the Vessel is already performing an employment to which such sanction or prohibition is subsequently applied, the Vessel Owners shall have the right to refuse to proceed with the employment and the Carrier (as charterer) shall be obliged to issue alternative voyage orders within 48 hours of receipt of the Vessel Owners’ notification of their refusal to proceed. If Carrier does not issue such alternative voyage orders, Vessel Owners may discharge any Goods already loaded at any safe port (including the port of loading). The Vessel will remain on hire pending completion of Carrier alternative voyage orders or delivery of Goods by the Vessel Owners, and Carrier will remain responsible for all additional costs and expenses incurred in connection with such orders/delivery of Goods.
13.4 Carrier (as Charterer) shall indemnify Vessel Owners against any and all claims whatsoever brought by the owners of the Goods and/or sub-charterers against Vessel Owners by reason of Vessel Owners’ compliance with such alternative voyage orders or delivery of the Goods in accordance with this clause.
13.5 Customer shall indemnify Carrier as Charterer against any and all claims whatsoever brought by the Vessel Owners under this clause.
14.New Jason Clause
14.1 In the event of accident, danger, damage or disaster before or after the commencement of the Carriage, resulting from any cause whatsoever, whether due to negligence or not, for which, or for the consequence of which, Carrier is not responsible, by statute, contract or otherwise, Customer shall contribute with Carrier in general average to the payment of any sacrifices, losses or expenses of a general average nature that may be made or incurred and shall pay salvage and special charges incurred in respect of the Goods.
14.2 If a salving ship is owned or operated by Carrier, salvage shall be paid for as fully as if the salving ship or ships belonged to a third party. Such deposit as Carrier or agents may deem sufficient to cover the estimated contribution of the Goods and any salvage and special charges thereon shall, if required, be made by Customer to Carrier before delivery.
15.Both-to-Blame Clause
15.1 If the Vessel comes into collision with another ship (the “Other Ship”) as a result of (i) the negligence of the Other Ship and (ii) any act, neglect or default of the master, mariner, pilot or the servants of Carrier in the navigation or in the management of the Vessel, Customer will indemnify Carrier against all loss or liability to the owners of the Other Ship in so far as such loss or liability represents loss of, or damage to, or any claim whatsoever of Customer, paid or payable by the owners of the Other Ship to Customer and set-off, recouped or recovered by the owners of the Other Ship as part of their claim against the carrying Vessel or Carrier. The foregoing provisions shall also apply where Vessel Owners, operators or those in charge of any ship or ships or objects other than, or in addition to, the colliding ships or objects are at fault in respect of a collision or contact.
16.Paramount Clause and Applicable Rules
16.1 Insofar as no provisions contained in any international convention or mandatory national law apply to the carriage by sea, the liability of Carrier shall be determined by the Hague Rules contained in the International Convention for the Unification of Certain Rules of Law relating to Bills of Lading, signed at Brussels on 25 August 1924 as amended by the Protocol signed at Brussels on 23 February 1968 and the protocol in relation to SDR’s signed at Brussels on 21 December 1979 from the time the Goods are received at the port of loading to the time the Goods are delivered to the port of discharge.
17.Dangerous Goods
17.1 Customer is responsible for compliance with all applicable laws, codes and standards relating to the classification, packaging, labelling, marking and placarding of the Goods and any Article of Transport, including, but not limited to, the International Maritime Dangerous Goods Code (as amended) (the “IMDG Code”).
17.2 Customer shall disclose to Carrier at the time of the Booking any Goods which are or may become of a dangerous, explosive, inflammable, radioactive, infested or damaging nature or which are otherwise designated as dangerous pursuant to the IMDG Code (the “Dangerous Goods”). Where the dangerous nature of the Goods becomes known to Customer after the Booking Confirmation has been issued, Customer shall immediately notify Carrier in writing and shall not tender such Goods for transportation without first obtaining Carrier’s prior written consent. Carrier may, at its sole discretion, withhold or grant such consent, and may impose such conditions on the carriage of such Dangerous Goods as it considers appropriate.
17.3 Carrier imposes an additional surcharge to cover the special handling required for planning such Dangerous Goods at the terminal and onboard the Vessel, which shall be applied at the time of Booking and itemised in the Booking Confirmation.
17.4 Carrier shall be entitled, at its sole discretion, to refuse to load or to require the removal of Dangerous Goods without liability.
17.5 Customer is responsible for ensuring that any Dangerous Goods are packed in a manner adequate to withstand the risks of carriage by sea, having regard to their nature and are distinctly and durably marked and labelled and any Article of Transport appropriately placarded, in each case in compliance with all applicable laws, codes and standards which may be applicable during the carriage.
17.6 Whether or not Customer was aware of the nature of the Goods as Dangerous Goods, Customer shall indemnify Carrier in respect of any loss, damage, cost or liability arising from the shipment of any Dangerous Goods, including, without limitation, any damage caused to the Vessel, other Goods or persons on board the Vessel.
17.7 When transporting liquefied biogas (“LBG”) or liquefied natural gas (“LNG”) fuelled trailers or other transport units, Customer must ensure that (i) the gas pressure is set to such a safe and low level prior to the transportation such that the fuelling system can withstand the sea voyage; and (ii) the safety and pressure relief valves effectively control the pressure within the fuelling system without releasing any gases or liquids outside the system during the sea carriage.
18.Animals
18.1 Save as expressly permitted by these General Terms or agreed between Carrier and Customer in writing, Carrier shall not carry any live animals, including but not limited to livestock, domestic animals, wild animals, birds, fish and reptiles.
18.2 Carrier may carry bloodstock which is disclosed to Carrier at the time of Booking, or thereafter agreed in writing between Customer and Carrier. Bloodstock must be presented alongside the Vessel not later than two (2) hours before the scheduled departure time of the Vessel.
18.3 All bloodstock must at all times be accompanied by a competent attendant appointed and engaged at the sole cost and responsibility of Customer.
18.4 Carrier shall have no liability for any loss or death of, or injury to, bloodstock in transit howsoever caused, and Customer shall indemnify Carrier against any loss, damage, cost or liability arising from the shipment of such.
19.Timetables and Transit Times
19.1 All departure, transit and arrival times, sailing plans, schedules and timetables provided by or on behalf of Carrier are subject to these General Terms.
19.2 Carrier operates maritime liner services based on pre-published timetables. All such times, sailing plans and schedules are non-binding estimates only, are not guaranteed, and may be changed by Carrier at any time without notice. They do not form a legally binding part of the Booking Confirmation.
19.3 Carrier publishes on its website, www.hibernialine.com, a cut-off time by which Goods must have arrived at the designated loading area and been declared by Customer (“Closing Time”). Goods that arrive or have been declared after the Closing Time will be placed on a waiting list and will then be loaded onto the next available vessel call, subject to space available.
20.Non-Utilisation of Agreed Space
20.1 If Customer fails to provide the agreed quantity of Goods for shipment, Carrier reserves the right to charge dead freight for any unused but reserved cargo space, at the rate set out in Carrier’s applicable tariffs from time to time.
20.2 A no-show fee shall apply to any booked trailer, lorry or self-propelled machine where the Booking has not been cancelled by Customer at least twelve (12) hours before the Vessel’s departure time.
21.Reefer and Heated Units
21.1 Where requested by Customer, Carrier will endeavour to connect reefer and heated transport units to the Vessel’s electrical supply (“Reefer Services”). Any request for Reefer Services must be made by Customer at the time of Booking or thereafter agreed between Customer and Carrier in writing. Customer must provide Carrier with all information required for such units in writing at the time of Booking, including the required temperature settings and electrical specifications of the unit.
21.2 The Reefer Services are subject to availability. Carrier shall not be liable in any circumstances for any failure to provide such connection, for any breakdown of the electrical supply, for any incorrect temperature setting, or for any loss of or damage to perishable Goods arising from any such failure or breakdown, whether or not caused or contributed to by any negligence of Carrier or any other person for whom Carrier is responsible, or for any loss or damage to any Goods contained in any unaccompanied reefer or heated transport units.
21.3 Customer is responsible for ensuring that any reefer or heated unit is in good working order and properly set to the required temperature prior to presentation for loading. Carrier shall not be liable for any loss, deterioration, or damage arising from any fault or malfunction of the unit itself.
21.4 A plug-in surcharge to reefer and heated units loaded on board the Vessel shall be itemised in the Booking Confirmation.
22.Additional Freight for Oversized Transport Units
22.1 In the event that any Article of Transport provided for shipment is oversized (the “Oversized Unit”), an additional surcharge will be applied.
22.2 Customer shall accurately declare the dimensions and gross weight of all Articles of Transport at the time of Booking. Where the booking system identifies an Article of Transport as an Oversized Unit, Customer shall be notified at the time of Booking and the applicable surcharge for an Oversized Unit shall be agreed between the Parties at the time of Booking.
22.3 Carrier shall not be obliged to accept an Oversized Unit where Customer has failed to notify Carrier in advance, and any Oversized Unit presented without prior notification may be refused at the point of loading without liability to Carrier.
23.Insurance
23.1 Carrier is not responsible for insuring the Goods. Carrier strongly recommends that Customer obtain adequate insurance for the Goods. Carrier cannot be held responsible for any lack of insurance or inadequacy in coverage or any costs and expenses Customer may incur.
24.Unaccompanied Units
24.1 Carrier may, at its sole discretion, accept unaccompanied Articles of Transport, subject to additional fees and other conditions as Carrier may specify in the Booking Confirmation.
24.2 Customer is solely responsible for delivery and collection of unaccompanied Articles of Transport at the port of loading and port of discharge, respectively, within Carrier’s specified time periods.
25.Storage at Port
25.1 Carrier may, where agreed between the Parties at the time of or following the Booking, make available storage space at a designated facility for the temporary storage of containers and trailers upon receipt at the port of loading or delivered to the port of discharge (“Storage Services”).
25.2 Any storage arranged pursuant to this Clause 25 is provided as an Additional Service and shall not form part of the Maritime Transport Services.
26.Prohibited Cargo and Illegal Migrants
26.1 Customer warrants that no Article of Transport contains any: (i) illegal goods; (ii) Dangerous Goods not declared; (iii) counterfeit goods; or (iv) goods infringing any third party intellectual property rights (“Prohibited Cargo”).
26.2 Customer warrants that it has taken all reasonable steps to physically inspect and secure the Article of Transport against unauthorised access. Customer warrants that, to the best of its knowledge, no persons are concealed within or on the Article of Transport (“Illegal Migrants”) at the time of delivery to the port of loading.
26.3 Carrier may inspect or require inspection of any Article of Transport. Where any Article of Transport includes any Prohibited Cargo and/or Illegal Migrants, the Carrier may surrender that Article of Transport to the relevant authorities. Customer shall indemnify Carrier against all claims, losses, damages, costs and expenses arising from or in connection with any Prohibited Cargo and/or Illegal Migrants.
27.Right to Refuse
27.1 As a result of Customer or any drivers or other persons accompanying the Goods breaching these General Terms, or for any other reason that Carrier determines appropriate in its sole discretion, Carrier may place Customer and/or any such persons on its banned customer list for as long as Carrier considers appropriate. Carrier may also refuse boarding to such persons and/or cancel any Bookings made by such Customer.
28.Confidentiality
28.1 All terms agreed between the Parties in connection with the Services, including these General Terms and the relevant Booking Confirmation, are confidential.
28.2 Each Party (as “Recipient”) must keep confidential all information received from the other Party (“Discloser”) and may only use it to perform its obligations under these General Terms and the relevant Booking Confirmation.
28.3 The Recipient may only share confidential information with employees, subcontractors, advisors or representatives who need it to perform the relevant services and who are bound by a duty of confidentiality or obliged by their contracts of employment or service to keep such information confidential.
28.4 Information is not confidential if it (i) becomes publicly available other than as a result of a breach of this contractual relationship between the Parties; (ii) was already lawfully in the possession of Recipient at the time of disclosure; (iii) information was disclosed by a third party without breaching any confidential obligation; (iv) was independently developed by the Recipient without use of the confidential information; or (v) is identified as non-confidential by the Discloser.
28.5 Recipient shall immediately cease using the confidential information and, unless separately agreed upon, the destruction thereof, return the confidential information and all copies thereof upon written request of Discloser or when Recipient no longer needs the confidential information in question for the purposes of the Services provided in accordance with the Booking Confirmation, except where retention is required by law or as part of routine IT backup.
28.6 The confidentiality obligations survive expiry, termination or completion of the contractual relationship between the Parties for three (3) years.
29.Data Protection
29.1 Each party is an independent controller of personal data processed pursuant to these General Terms, and each party shall comply with its respective obligations under applicable data protection laws.
30.Governing Law and Dispute Resolution
30.1 These General Terms and the applicable Booking Confirmation between the Parties shall be governed by and construed in accordance with the laws of Ireland.
30.2 Carrier and Customer shall endeavour to settle any dispute amicably, and if necessary by mediation if so agreed by the Parties. If the dispute cannot be solved amicably or by mediation, the dispute shall, based on the value of the dispute, be referred to the appropriate Irish Court.
31.Miscellaneous
31.1 Paragraph headings are for ease of reference only and do not form part of this contract.
31.2 Assignment. Customer may not assign, novate or transfer any of its rights, benefits or obligations arising under these General Terms and the applicable Booking Confirmation, whether in whole or in part, without Carrier’s express prior written consent. Carrier may assign its rights, benefits and/or obligations arising under these General Terms or the applicable Booking Confirmation, in whole or in part, to any of its affiliates or to any third party to which any part of its business is transferred, without Customer’s consent. Any other assignment by Carrier will be subject to the prior written consent of Customer (not to be unreasonably withheld or delayed). Any transfer, novation or assignment in violation of this Clause 31.2 shall be null and void.
31.3 Partnership. The Parties are independent contractors. Nothing in these General Terms or in the Booking Confirmation shall create or be deemed to create a partnership, joint venture, agency, franchise, fiduciary relationship or any other form of legal association between the Parties.
31.4 Severability. If any term, condition, part, or other provision of these General Terms or the applicable Booking Confirmation is found to be invalid, by reason of fact or law, that specific provision shall be eliminated and severed from the remainder of these General Terms or the applicable Booking Confirmation (as the case may be), which shall then be construed and enforced as if such severed provision had not been contained therein, and the remaining provisions of these General Terms and the applicable Booking Confirmation will continue, as modified by such deletion, in full force and effect to the extent permitted by law.