Terms & Conditions
The customer's attention is specifically drawn to the clauses contained in these terms and conditions that exclude or limit the Company's liability and which require the Customer to indemnify the Company in certain circumstances.
Definitions and Application
1. Definitions
Agent: A person or organisation acting on behalf of, or representing, another person or organisation.
Cargo: An equivalent to the term “Goods”. Anything carried in an aircraft, by road, or by another means of transportation except mail, and includes any item moving under an Air Waybill.
Company: HAE Group Limited.
Consignment: Goods or Cargo contained in one parcel, package or container, or any number of parcels or packages sent at the same time by the Customer from one address to one address.
Customer: Any organisation or person on whose behalf, or at whose request, the Company provides advice, information or services.
Dangerous Goods: Cargo defined as dangerous under applicable dangerous substances, explosives and associated regulations, or Cargo presenting a comparable hazard.
Force Majeure: Any circumstance not within the Company's reasonable control including, but not limited to:
(a) Acts of God, flood, drought, earthquake, volcanic eruption or other natural disaster.
(b) Epidemic or pandemic.
(c) Terrorist attack, civil war, civil commotion, riots, war, threat of war, armed conflict, sanctions, embargoes or breakdown of diplomatic relations.
(d) Nuclear, chemical or biological contamination or sonic boom.
(e) Any law or action by a government or public authority, including import or export restrictions, quotas, prohibitions or failure to grant necessary licences or approvals.
(f) Collapse of buildings, fire, explosion or accident.
(g) Labour disputes, strikes, industrial action or lockouts.
(h) Non-performance by suppliers or subcontractors.
(i) Interruption or failure of utility services.
Principal: A principal that may engage an Agent to undertake work on its behalf.
2. Application of Terms
These terms and conditions apply to all domestic and international carriage of Cargo by air and/or road, subject to any compulsorily applicable legislation including:
• Montreal Convention 1999.
• Warsaw Convention 1929 (as amended).
• Convention on the Contract for the International Carriage of Goods by Road.
• British International Freight Association terms.
• Road Haulage Association terms.
• IATA Air Waybill terms.
If a conflict exists between these terms and an Air Waybill or applicable legislation, the Air Waybill or applicable legislation will prevail.
These General Terms and Conditions of Carriage supplement and do not replace applicable legislation or contractual conditions contained within an Air Waybill.
The Company
3. Status of the Company
The Company is not an air carrier, indirect air carrier or common carrier and accepts Cargo for carriage only on these terms and conditions, subject to Clause 2.
The Company does not operate aircraft or exercise operational control over any aircraft.
4. Authority of Representatives
No agent, servant or representative of the Company has authority to alter, modify or waive any provision of these terms.
5. Subcontracting and Agency
The Company may subcontract services and may act either as Principal or as Agent when procuring services, subject to these terms and conditions.
6. Transport Methods
The Company reserves the right to determine transport methods, routing, storage arrangements and operational procedures relating to Cargo.
7. Group Companies
Any contract entered into by the Company will be on its own behalf and as Agent for any subsidiary or associated company unless otherwise agreed in writing.
8. Remuneration
The Company is entitled to retain and receive fees, commissions, allowances, brokerage and any other remuneration.
9. General Lien
The Company has a general lien over Cargo and related documents in its possession for all sums owed by the Customer.
(a) The Company may sell or otherwise dispose of Cargo or documents after giving 14 days' written notice and apply the proceeds against outstanding amounts.
Neville Karai
HAE Global Limited