MUSSON INTERNATIONAL TERMS AND CONDITIONS
January 2, 2007
TERMS AND CONDITIONS: Companies that use our service accept to abide by and
adhere to OUR Terms and Conditions when they
accept our quotation, and/or request us to move cargo on their behalf or on
behalf of their client/supplier.
PAYMENT TERMS: Except as otherwise stated on Musson International invoices,
and except in case of first time shipment, payment of our EXPORT invoice is required to be made within 7 days from the day we fax/email our invoice, and we therefore expect payment received in our offices in under 14
days. For all IMPORT sea freight traffic into North America, we require full payment of our invoice no later than 3 days prior to estimated date of arrival, in order to pay the line, and thereby get freight release. After freight release, any storage is payable by the consignee, or their customs broker.
LATE PAYMENTS: For those LATE PAYMENTS made beyond our PAYMENT TERMS,
Musson International requires payment of the initial invoice plus an additional
5% or $10.00 interest (whichever is greater). In addition to the 5% above, after
the first month of non payment, and for each month (or part thereof) thereafter,
an additional 8% or $25.00 interest (whichever is greater) must be included in
any LATE PAYMENT.
CONTROL: This serves as notice that, Pursuant to California Civil Code
Section 3051.5, the failure to pay charges due Musson International may result
in a lien on future shipments, including the cost of storage and appropriate
security for the subsequent shipments which are held.
FIRST TIME SHIPPERS: Musson Internationals ISO regulations demand that a
new Customers first shipment is always prepaid prior to shipment, with all
additional costs born by non-payment going to the Customer.
QUOTES: Are based on current tariffs and exchange
rates, using carriers of our own choice - validity dates are subject to change
with or without notice.
COMMERCIAL INVOICES: Customer agrees to fax their completed commercial/pro-forma invoice to
Musson International when requested, and at least 24 business hours prior to export. Musson
International will not be responsible for delays due to non compliance with this requirement -
booking details not withstanding.
DOCUMENTS, STAMPS, & SIGNATURES: The Customer agrees that Musson will stamp and
sign documentation to make it original on both shipper provided and Musson
created documentation, where necessary.
WEIGHT AND DIMENSIONS: The party that Musson International arranges transport for accepts
that the steamship/airline check weighs and measures the tendered cargo prior to
movement, and the dimensions and weights they advise are what will be used for
invoicing the Customer.
HAZARDOUS GOODS SHIPMENTS &
ISPM 15 PACKAGING MATERIALS REGULATIONS:
It is entirely the
responsibility of the Customer and their supplier/consignee to properly conform
to regulations and legislations in place regarding the shipment of their
freight. As such, any additional cost arising from the improper shipment of
freight will be the responsibility of the Customer and their supplier/consignee
to pay. Musson International will not accept any additional cost from (but not
limited to) improperly documented, labeled, packaged shipment(s).
CLAIMS: Musson International is not obligated to act on any claim until Musson
Internationals invoice covering all transportation charges have been paid in full.
C.I.F.F.A. Standard Trading Conditions (40.8KB)
& all MUSSON House Bills' Terms and Conditions
Standard Truck Bill of Lading "CONDITIONS OF CARRIAGE" pdf file (114KB)
Standard Airfreight Bill of Lading Terms and Conditions pdf file (711KB)
Where this/these document(s) are electronically transmitted with no reverse copy received, all parties
with an interest to shipments moved with Musson International will have read, agreed to, and will
abide by the terms on our site prior to pick up &/or shipment.
STANDARD TRADING CONDITIONS
of The Canadian International Freight Forwarders Association, Inc.
Copyright © May 2005
Adopted May 1, 2005
1. ROLE OF FORWARDER ("the COMPANY")
The Company offers its services
on the basis of these conditions that apply to all activities of the Company in
arranging transportation or providing related services. The Company may provide
its services as either principal or agent. The Company acts as agent of the
it issues a transport document or electronic record evidencing its obligation
for the delivery of goods, or
(b) to the extent it physically
handles goods by its own employees and equipment in the course of performing any
service in which cases it acts as principal, but whether acting as principal or
as agent these conditions govern the rights and liabilities of the Customer and
Advice and information that is
not related to instructions accepted by the Company is provided gratuitously and
without liability. Advice is for the Customer only and is not to be furnished
to any other party without prior written consent.
2. CLAIMS AGAINST OTHERS
also apply whenever any claim is made against any employee, agent or independent
contractor engaged by the Company to perform any transport or related service
for the Customer's goods, whether such claims are founded in contract or in
tort, and the aggregate liability of the Company and all such persons shall not
exceed the limitations of liability in these conditions. For purposes of this
Clause the Company acts as agent for all such persons who may ratify such agency
at any subsequent time.
3. ROLE AS AGENT
When acting as an agent, the
Company acts solely on behalf of the Customer in engaging the services of third
parties on the usual terms and conditions on which the third parties offer such
services for the carriage, storage, packing or handling of any goods, or for any
other service in relation to them, thereby establishing a direct contract
between the Customer and the provider of such services capable of being enforced
by the Customer as principal, whether or not the Customer is identified in the
contract. The Company shall on demand by the Customer provide evidence of any
contracts made on its behalf.
4. OTHER SERVICES
Where requested by the Customer the Company may
(a) issue a transport document or electronic record by which it as
principal undertakes carriage of particular goods; or
(b) guarantee in
writing proper performance of the terms of any contract between the Customer and
a third party whose services the Company has engaged on behalf of the Customer.
As guarantor the Company is liable
only to the same extent as the third party whose actions have been guaranteed,
as may be limited by the conditions on which that party customarily offers its
Where it issues a transport
document or electronic record, or provides a guarantee, the rights and
obligations of the Company will be governed by the special conditions therein in
addition to these Conditions. In the event of any inconsistency the
special conditions prevail.
5. SERVICES REQUIRING SPECIAL ARRANGEMENTS
The Customer must give instructions in writing to the Company a reasonable time before the tender of
goods for storage or transport where it requests the Company to:
(a) arrange for the departure or arrival of
goods before specific dates;
(b) arrange for goods to be carried, stored
or handled separately from other goods;
(c) arrange for the transport of goods that
may taint or affect other goods, or may harbour or encourage vermin or pests;.
(d) make a declaration of value or special
interest in delivery to any carrier or terminal;
(e) direct carriers or delivery agents to
hold goods until payment of any amount or until surrender of a document;
(f) arrange for the transport of goods of
unusual high value, luxury goods, currency, negotiable Instruments or securities
of any kind, precious metals or stones; antiques or art; human remains,
livestock or plants, or any other comparable cargos.
Where for any reason it does not
accept such instructions, the Company must promptly so advise the Customer by
any means of communication used in the ordinary course of business. If it
continues to use the Company's services for the contemplated transport, the
Customer assumes all risks connected with the non-performance of such
instructions, whether caused or contributed to by the Company's negligence or
6. THE COMPANY'S GENERAL RESPONSIBILITIES
(A) The Company shall exercise reasonable care in the discharge of its obligations
including the selection and instruction of third parties that provide any
services engaged on behalf of the Customer.
(B) The Company shall
arrange transport and any related services within a reasonable time after
receiving the Customer's instructions.
(C) If it has
reasonable grounds for departing from any of the Customer's instructions, the
Company can do so without prior authorization from the Customer, but must act
with due regard to the interests of the Customer, and, as soon as possible,
inform the Customer of its actions and any additional charges resulting therefrom.
7. CUSTOMER'S GENERAL RESPONSIBILITIES
(A) The Customer shall
be deemed to be competent and to have reasonable knowledge of matters affecting
the conduct of its business, including terms of purchase and sale, the need for
insurance and the extent of coverage available for the type of goods being
tendered for shipment, the need for care to avoid transmitting viruses by
electronic communications, the need for confidential handling of information
relating to high value goods, and all other matters relating thereto.
(B) The Customer warrants that all information in whatever form relating to the
general and dangerous character of the Goods, their description, Bar-Coding,
marks, number, weight, volume and quantity of the Goods, as furnished by the
Customer or on its behalf, was accurate and complete at the time the Goods were
taken in charge by the Company or any third party whose services it has engaged.
The Customer further undertakes to provide independent confirmation of such
particulars on the request of the Company.
8. CUSTOMER'S RESPONSIBILITY for PACKAGED
and CONTAINERIZED GOODS
(A) Except where the Company has accepted instructions in respect of the
preparation, packing, stowage, labeling or marking of the goods the Customer
warrants that all goods have been properly and sufficiently prepared, packed,
stowed, labeled and/or marked, and that the preparation, packing, stowage,
labeling and marking are appropriate to any operations or transactions affecting
the goods and the characteristics of the goods.
(B) Unless the Company has accepted instructions to arrange for or to perform the
loading of a transport unit by its employees, the Customer warrants that:
(a) the transport unit has been properly and competently loaded;
(b) the goods are suitable for carriage in or on the transport unit; and
(c) the transport unit is in a suitable condition to carry the goods loaded
therein (save to such extent as the Company has approved the suitability of the
9. QUOTATIONS and
(A) The Company does not assume
a role as principal by providing a fixed price quotation, or by rendering an
invoice where the difference between the amounts payable to third parties
retained to carry out the Customer's instructions and the fixed price represents
the Company's gross profit for its services. A Customer agrees that the Company
is an agent as provided in Section 1 where the Customer
(a) accepts a fixed price quotation,
(b) does not within thirty days after receipt of the invoice object
to the Company charging a fixed price for its services.
(B) Quotations are given on the
basis of immediate acceptance and are subject to withdrawal or revision. Unless
otherwise provided in the quotation the Company may, after acceptance, revise
quotations or charges upon notice in the event of changes beyond the Company's
control, including changes in exchange rates, rates of freight, carrier
surcharges, or any charges applicable to the goods.
When goods are
accepted or dealt with upon instructions to collect freight, duties, charges or
other expenses from the Consignee or any other person the Customer shall remain
responsible for the same if they are not paid by such Consignee or other person
immediately when due.
11. CHANGED CIRCUMSTANCES
If circumstances arise that
substantially hinder performance of the Customer's instructions, the Company
shall take reasonable steps to inform the Customer of such circumstances and
seek further instructions. If the Customer declines or neglects to give further
instructions, the Company
any third party to abandon carriage of the Goods and, where reasonably possible,
make the Goods or any part of them available to the Customer at a place that is
reasonable under the circumstances
12. DANGEROUS GOODS
(A) The Customer undertakes not
to tender for transportation any goods that are of a dangerous, inflammable,
radioactive, hazardous or damaging nature without giving full particulars of the
goods to the Company. The Customer undertakes to mark the goods and the outside
of any packages or container in which they may be placed to comply with any laws
or regulations that may be applicable during the carriage. In the case of goods
where the place of receipt is a point within Canada, the Customer further
warrants that the goods, the packaging and marking thereof comply in all
respects with the provisions of any legislation or regulations governing the
transportation of dangerous goods.
(B) If its fails to comply with
the requirements of Sub-clause (A), the Customer shall indemnify the Company
against all loss, damage or expense arising out of the goods being tendered for
transportation or handled or carried by or on behalf of third parties retained
by the Company.
(C) Goods which in the opinion
of the Company or the person who has custody or possession thereof are or may
become dangerous and present a hazard may at any time or place be unloaded,
destroyed or rendered harmless without liability on the part of the Company.
(A) The Customer
must give the Company instructions in writing to arrange insurance on its goods
a reasonable time before the tender of goods for storage or transport. The
Company may carry out these instructions by declaring the value of the goods
under an open marine cargo policy taken out by the Company, and, upon request,
provide a certificate or declaration of insurance or other evidence of insurance.
The coverage on goods so declared is subject to
the terms and conditions of the policy. The Company is not liable if the
Customer for any reason whatsoever fails to recover a loss in whole or in part
from the insurer under the policy, even though the premium charged by the
insurer is different from the Company's charges to the Customer.
(B) If coverage
under its open marine cargo policy is not satisfactory, the Company will
recommend an insurance broker to arrange insurance appropriate to the customer's
needs. After making this recommendation, the Company has no further duty
regarding insurance, and no liability for loss of or damage to the goods during
transport or storage that could have been covered by insurance on the goods,
whether such loss or damage has been caused or contributed to by its negligence
or breach of these conditions, or otherwise
14. NOTIFICATION OF CLAIMS
The Customer on its own behalf and on behalf of the Owner of the goods shall
notify the Company in writing of any claim
(a) in case of loss and/or damage to goods within 45 days of the
completion of transit,
(b) in case of delay in delivery
or non-delivery within 45 days of the date when the goods should have been
(c) in any other case within 60
days of the event giving rise to the claim.
If a claim was not discoverable
by the exercise of reasonable care within the applicable time period, the
Customer must give notice forthwith after receiving information as to events
that may give rise to a claim. Failing notice as required by this clause, the
claim is barred and no action can be brought against the Company to enforce the
15. LIMITATION OF LIABILITY
Compensation for any claim for
which the Company is liable shall not in any event exceed 2 SDR (SDR = Special
Drawing Rights) per kilo of the gross weight of the goods that are the subject
of the claim. Without prejudice to any other conditions herein or other defences
available to the Company, in no circumstances whatsoever shall the Company be
liable to the Customer or owner for
(a) consequential or indirect
loss, including loss of market, except as provided for in paragraph (b);
(b) consequential or indirect
loss or loss of or damage to the goods caused by delay or deviation in a sum in
excess of twice the difference between the charges invoiced by the Company and
amounts paid to third parties in respect to the relevant transaction.
(c) amounts in excess of a
maximum recoverable of 75, 000 SDR's per transaction.
The Customer shall indemnify the
Company against all duties, taxes, payments, fines, expenses, losses, claims and
liabilities, including any liability to indemnify any other person against
claims made against such other person by the Customer or by the Owner
(a) for which the Company may be
held responsible unless caused or contributed to by any negligence or breach of
duty of the Company, or
(b) in excess of the liability
of the Company in accordance with these Conditions,
resulting from or connected with
the actions of the Company related to any service to which these Conditions
17. SET OFF AND COUNTERCLAIM
The Customer shall pay to the
Company in cash, or as otherwise agreed, all sums immediately when due without
reduction or deferment on account of any claim, counterclaim or set off.
18. RIGHT OF DETENTION AND LIEN
All goods (and documents
relating to goods) shall be subject to a particular and general lien and right
of detention for monies owing either in respect of such goods, or for any
particular or general balance or other monies owed, whether then due or not, by
the Customer, sender, consignee or owner of the goods to the Company. If these
monies remain unpaid for 28 days after the Company sends notice of the exercise
of its rights to these persons by any means of communication reasonable in the
circumstances, the goods may be sold by private contract or otherwise at the
sole discretion of the Company, and the net proceeds applied on account of the
monies owing. The Company will not be liable for any deficiencies or reduction
in value received on the sale of the goods nor, will the Customer be relieved
from the liability merely because the goods have been sold.
19. TIME BAR
shall, unless otherwise expressly agreed, be discharged of all liability under
these Conditions unless suit is brought within 9 months from
(a) the date of
delivery of the Goods for claims to damage to goods, or
(b) the date when the Goods should have been delivered for
claims for delay in delivery or loss of goods.
With respect to
loss or damage other than loss of or damage to the Goods, the 9 months period
shall be counted from the time when the act or omission of the Company giving
rise to the claim occurred.
CUSTOMARY REMUNERATION RECEIVED
FROM THIRD PARTIES
shall be entitled to be paid and retain all brokerages paid by carriers,
commissions, documentation allowances, profits on foreign exchange and other
remunerations paid by third parties as is customary in the trade.
21. APPLICABLE LAW AND JURISDICTION
The Parties agree that where
they have used electronic communications to transact in whole or in part any
business such communications will be given legal effect in accordance with the
provisions (so far as they may be applicable) of the Uniform Electronic Commerce
Act as approved by the Uniform Law Conference of Canada. Otherwise
these Conditions shall be
governed by the law of the Province within Canada in which the Company has its
principal place of business. By accepting the services provided under these
Conditions, the Customer irrevocably attorns to the exclusive jurisdiction of
the Courts of that Province.
Copyright © May 2005
Adopted May 1, 2005