These General Terms and Conditions of Shipping Lines Services are a binding part of the contract of services between the Merchant and Suardiaz as described in the Bill of Lading. The parties commit to the fulfilment thereof.
1. DEFINITIONS
“Carrier” means Flota Suardiaz, S.L. or otherwise the company identified in the Bill of Lading.
“Suardiaz Shipping Lines” is the commercial brand used by the Carrier.
2. WARRANTY
The Merchant warrants that in agreeing to the Terms and Conditions hereof he is, or has the authority to contract on behalf of the Person owning or entitled to possession of the Goods and the bill of lading.
3. FREIGHT EXPENSES AND FEES
3.1 The Merchant shall pay freights, duties and remunerations in the currency mentioned on the invoices issued and within the deadline stipulated on the invoice. If the invoice does not make reference to a payment deadline, the invoice is due and payable at sight.
3.2 If the Merchant fails to pay the Freight when due he shall be liable also for payment of service fee, interest due on any outstanding and/or overdue sum reasonable attorney fees and expenses incurred in collecting any sums due to the Carrier. Payment of Freight and charges to a freight forwarder, broker or anyone other than the Carrier or its authorised agent, shall not be deemed payment to the Carrier and shall be made at the Merchant’s sole risk.
3.3 Despite the acceptance by the Carrier of instructions to collect Freight, duties, fees, demurrage/detention and costs and expenses from the shipper or consignee or any other Person, then, in the absence of evidence of payment (for whatever reason) by such shipper or consignee or other Person when due, the Merchant shall remain responsible for and for the payment of such Freight, duties, fees, demurrage/detention and costs and expenses on receipt of evidence of demand within the meaning of Clause 3.1.
3.4 If the Merchant wishes to appoint a third party to settle charges on his behalf, the Merchant agrees and accepts that he remains jointly and severally liable before the Carrier for all charges in the event of default, claim or non-payment by Merchant´s Agent.
3.5 If the Carrier, at its sole discretion, grants credit on any sums payable to him, the terms and conditions applicable to any credit (Credit terms), will be those agreed in writing, and will automatically apply to any granting of credit by the Carrier, unless otherwise agreed by him.
3.6 The Merchant will be liable for all consequences arising of delay in taking delivery of the cargo at destination, including but not limited to demurrage for delay in redelivery of containers, detentions, storage costs and taxes.
