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Terms & Conditions
Preamble

The terms and conditions are recommended for use, starting May 2007, by AFEX Logistic Solutions or any of its subsidiaries and / or contractors / sub - contractors. This recommendation is obligatory.

  1. Interest of the principal and due care
  2. AFEX Logistic Solutions shall act in the interest of his principal and fulfill his duties with due care.

  3. Area of application
  4. AFEX Logistic Solutions Standard Terms and Conditions apply to all contracts for the transportation of goods, irrespective of whether they concern freight forwarding, carriage, warehousing or other services common to the forwarding trade; these also include logistical services commonly provided by AFEX Logistic Solutions in connection with the carriage or storage of goods.

    In the case of forwarding services AFEX Logistic Solutions is only responsible for arranging the necessary contracts required for the performance of these services, unless other legal provisions take precedence.

    AFEX Logistic Solutions Standard Terms and Conditions are not applicable for contracts that deal exclusively with

    1. Packaging;
    2. The carriage of removal goods and their storage;
    3. Crane lifting, assembly jobs or heavy lift and high volume transports, except for normal transshipment services of AFEX Logistic Solutions;
    4. The carriage and storage of goods to be towed or salvaged.

    AFEX Logistic Solutions Standard Terms and Conditions are not applicable for transport contracts with consumers. Consumers are natural persons concluding the contract for reasons other than commercial or in pursuit of their professional activities.

    If trade customs or legal provisions differ from AFEX Logistic Solutions Standard Terms and Conditions, AFEX Logistic Solutions Standard Terms and Conditions take precedence unless these legal provisions are mandatory. For contracts of carriage by air, sea, inland waterways or for multi-modal transports different contractual arrangements may be made in accordance with the terms of carriage devised for these transports.

    AFEX Logistic Solutions and its authorized agents are authorized to agree to normal standard terms and conditions of third parties.

    In the relationship between a principal AFEX Logistic Solutions and an intermediate AFEX Logistic Solutions, AFEX Logistic Solutions Standard Terms and Conditions are deemed to be the general terms and conditions of the intermediate AFEX Logistic Solutions.

  5. Instructions, transmission errors, contents, special type of goods
  6. Forwarding instructions, other instructions, directives and communications are valid even if given informally. Subsequent modifications must be specifically identifiable as being amendments.

    The burden of proof for the correct and complete transmission lies with the party referring to it.

    If statements must be made in writing, they are deemed to having been made in writing when using electronic data communication or any other machine readable form for as long as the originator of the message is identifiable.

    The principal must inform AFEX Logistic Solutions, at the time of giving the instructions that the transport contract concerns:

    1. Dangerous goods
    2. Live animals and plants
    3. Perishables
    4. Valuable goods and goods with an inherent risk of theft

    The principal must specify in his instructions addresses, marks, numbers, quantity, nature and contents of the packages as well as declaring the properties of the goods, as required in the previous paragraph, the goods value for insurance purposes and any other information relevant for the proper execution of the forwarding instructions.

    In the case of dangerous goods, the principal must inform AFEX Logistic Solutions in writing -at the time of giving the instructions -of the exact nature of the hazard and, if appropriate, about precautionary measures. In the case of dangerous goods subject to the law for the carriage of dangerous goods or other goods, the carriage of which is subject to specific regulations regarding dangerous goods, their handling or their disposal, the principal has to make the necessary declarations required for the proper execution of the forwarding instruction, especially the classification in accordance with the regulations for dangerous goods. AFEX Logistic Solutions reserves the right to refuse dangerous goods shipments without assigning any reasons thereof.

    The principal must inform AFEX Logistic Solutions about particularly valuable goods or goods with an inherent risk of theft (e.g., cash, precious metals, jewellery, clocks and watches, precious stones, works of art, antiquities, bank or credit cards, valid telephone cards or other means of payment, bonds, shares and similar, foreign currencies, documents, spirits, tobacco, entertainment electronics, telecommunications devices and accessories) and goods with an actual value of $ 50 per kg or more well in advance to allow AFEX Logistic Solutions to decide about acceptance of the goods and to take measures for a safe and secure execution of the forwarding job.

    If a forwarding instruction does not comply with the terms stated in this section, AFEX Logistic Solutions has the option to

    1. Refuse acceptance of the goods
    2. Return goods already accepted or to make them available for collection
    3. Ship, transport or store them without the need to notify the principal and to charge an extra, appropriate fee, if the safe and secure execution of the instruction causes extra costs.

    AFEX Logistic Solutions is not obliged to check or supplement the statements made regarding this section.

    AFEX Logistic Solutions is not obliged to check the authenticity of signatures on any messages or documents relating to goods, nor to check the authority of the signatories, unless there exist reasonable doubts concerning the authenticity or authority.

  7. Packaging, provision of loading and packaging aids, weighing and checking
  8. Unless specifically stated, the forwarding instruction does not cover

    1. the packaging of the goods;
    2. the weighing, checking, measures to preserve or enhance the goods and its packaging, unless this is customary for this kind of transaction;
    3. the provision or exchange of pallets or other loading or packaging aids. If they are not swapped one-for-one, they are only picked up as part of a new forwarding instruction.

    This does not apply if the exchange is intentionally not carried out by AFEX Logistic Solutions.

    These services are charged for separately.

  9. Customs clearance
  10. The instruction for shipment to a destination in another country includes instructions for customs clearance, if this is necessary for arranging the transport to the place of destination.

    AFEX Logistic Solutions is not responsible for the custom clearance of the goods, unless instructed and paid for by the principle.

    AFEX Logistic Solutions is entitled to an extra fee for the customs clearance, over and above the actual costs incurred.

    The instruction to forward bond goods or to deliver them free house, authorizes AFEX Logistic Solutions to affect the customs clearance and to advance customs and excise duties and fees.

  11. Packaging and marking obligation of the principal
  12. The packages have to be clearly and durably marked by the principal to facilitate their proper handling, e.g. addresses, marks, numbers, symbols for handling and properties; old marks must be removed or made illegible.

    In addition, the principal is under obligation:

    - to mark all packages belonging to the same consignment in such a way that they are easily recognized as forming one consignment;

    - to prepare packages in such a way that they may not be accessed without leaving visible trace (adhesive tape, bands, etc. are only permissible when they are individually designed or otherwise difficult to imitate; foil wrapping must be thermally sealed);

    1. in case of a consignment being part of a forwarders consolidation, to group the individual packages or units of this consignment into larger units if their strap length (largest circumference plus longest side) is less than 1 meter;
    2. to combine a consignment of hanging garments consisting of several individual units into wrapped units for easier handling;
    3. to mark packing units with a gross weight of at least 1,000 kilograms with the weight specification as prescribed for heavy loads to be transported by ship. If possible in the area of operation.

    Packages are single packages or units of packages, formed by the principal for the purpose of being carried according to the forwarding instruction, e.g., boxes, wire boxes, pallets, handling units, enclosed loading units such as covered wagons, wagons with tarpaulin covers, semi-trailers, swap bodies, containers or igloos.

    If the packages do not comply with the terms above, section 3 shall apply.

  13. Supervisory duties of AFEX Logistic Solutions
  14. At specific interfaces AFEX Logistic Solutions is under the obligation to:

    - Check packages regarding their quantity, identity and apparent good order and whether seals and fastenings are intact;

    - Document irregularities (e.g. in the accompanying document or by special notification

    An interface is any point at which the responsibility for the packages is passed on to another operator/agent or the handing over point at the end of each stage of the transportation process.

  15. Receipt
  16. Upon request by the principal, AFEX Logistic Solutions shall issue a certificate of receipt. With this certificate AFEX Logistic Solutions confirms the quantity and type of packages, but not their contents, value or weight. In the case of bulk goods, full loads and such like the certificate of receipt does not state the gross weight or any other description of the quantity of the goods.

    As proof of delivery AFEX Logistic Solutions requests from the consignee a receipt of the packages as named in the forwarding instruction or other accompanying transport documents. Should the consignee refuse to sign for the receipt of the goods, AFEX Logistic Solutions must request further instructions. If the goods have already been unloaded at the consignee, AFEX Logistic Solutions is entitled to regain possession.

  17. Instructions
  18. An instruction remains valid for AFEX Logistic Solutions until revoked by the principal.

    In the case of insufficient or impractical instructions AFEX Logistic Solutions may use his professional judgment.

    An instruction to hold goods at the disposal of a third party can no longer be revoked after instructions from the third party have been received by AFEX Logistic Solutions.

  19. Freight payment, cash on delivery
  20. The statement by the principal that the instruction is to be executed freight unpaid or that the costs are to be paid by the consignee or a third party does not affect his liability for payment of all charges.

    The previous statement does not concern cash on delivery instructions.

  21. Deadlines
  22. In the absence of specific agreements, neither loading or delivery deadlines are guaranteed, nor the sequence of the handling of goods of the same means of transport.

    This does not affect AFEX Logistic Solutions statutory liability with regard to missing deadlines.

  23. Obstacles
  24. Obstacles beyond AFEX Logistic Solutions control relieve him, for their duration, from the duties that are affected by these obstacles. In the case of such obstacles, AFEX Logistic Solutions or the principal have the right to withdraw from the contract even if it has already been partially performed. If AFEX Logistic Solutions or the principal withdraws from the contract, AFEX Logistic Solutions is entitled to the costs which he deemed to be necessary to be incurred or which were incurred in the interest of the principal.

    AFEX Logistic Solutions is only obliged within the framework of his ordinary professional care to advise the principal about legal or official restrictions concerning the shipment (e.g., import/export restrictions). If, however, AFEX Logistic Solutions, through public statements or in the course of negotiations, created the impression that he has expert knowledge about specific circumstances, he has to act appropriately to this knowledge and expertise.

    Governmental and/or official acts beyond AFEX Logistic Solutions control do not affect the rights of AFEX Logistic Solutions towards his principal; the principal is liable towards AFEX Logistic Solutions for all claims arising out of such acts. Claims of AFEX Logistic Solutions against the state or third parties are not affected.

  25. Delivery
  26. Delivery is deemed to have been affected when the goods are handed over to any person present on the premises of the consignee, unless there are apparent reasonable doubts about their authority to receive goods on behalf of the consignee.

  27. Right to information
  28. AFEX Logistic Solutions is obliged to provide the principal with all necessary information, to inform him, upon request, about the status of the transaction and to provide information about all transactions so far, however, he is only obliged to reveal the costs incurred if he acted in the name of the principal.

    AFEX Logistic Solutions is obliged to pass everything he receives/obtains while acting for him to the principal.

  29. Warehousing
  30. The choice of warehousing location (own or third party) is with AFEX Logistic Solutions.

    Access to the warehouse is only granted to the principal during the normal working hours of AFEX Logistic Solutions and in his company. However, access can be denied without assigning any reasons thereof.

    If the principal handles the goods (e.g. sample taking) AFEX Logistic Solutions may demand that the number, the weight and the status of the goods be inspected together with the principal. If the principal does not agree to this, AFEX Logistic Solutions is not liable for damage discovered later, unless the damage was clearly not caused by such handling of the goods. The principal is liable for all damage caused by him or his staff or agents to AFEX Logistic Solutions, other warehouse clients or third parties whilst on the premises of the warehouse, unless he, his staff or agents are not responsible for such damage.

    In case of inventory discrepancies, AFEX Logistic Solutions is entitled to balance shortages and surpluses of the same principal.

    If AFEX Logistic Solutions has reasonable doubt about the security of his claim upon the value of the goods he is entitled to set a reasonable time limit for the principal to either secure the claims of AFEX Logistic Solutions or to make alternative provisions for the storage of the goods. If the principal does not comply with this, AFEX Logistic Solutions is entitled to terminate the contract without further notice.

  31. Offers and Payment
  32. Offers from AFEX Logistic Solutions and agreements with him regarding price and services always refer to specified own services or those of third parties, and to goods of normal size, weight and nature; they presume normal unfettered transport situations, unimpeded access, the possibility of immediate on-shipment and that freight rates, exchange rates and tariffs upon which the quotation was based remain valid, unless changes could be foreseen under the current circumstances. The note "plus the usual ancillary charges" entitles AFEX Logistic Solutions to charge for supplements and surcharges.

    All quotations made by AFEX Logistic Solutions are valid only for immediate acceptance and immediate execution of the relevant task, unless otherwise specified in the quotation, and when the instructions refer to the quotation.

    In case of a COD-or other collection instruction being withdrawn retrospectively or if the money is not paid, the forwarder is still entitled to his collection fee.

    If the consignee refuses to accept a consignment destined for him or, if the delivery is impossible for reasons beyond the control of AFEX Logistic Solutions, AFEX Logistic Solutions is entitled to the cartage charges for the return of the consignment. For COD (if accepted) the shipper must expressly declare in writing that in the event of non receipt of payment, goods will not be delivered until and unless payment is received. The responsibility of the payment is of the shipper only. If there are any losses or damages due to the delay in delivery due to non payment, AFEX Logistic Solutions will not be responsible under any circumstances.

  33. Disbursements of AFEX Logistic Solutions, exemption from third party claims
  34. AFEX Logistic Solutions is entitled to reimbursement for outlays which he could reasonably consider appropriate.

    The instruction to accept incoming consignments entitles AFEX Logistic Solutions but does not oblige him to advance freight, COD-sums, duties, taxes and other dues in connection with such consignments.

    The principal has to relieve AFEX Logistic Solutions immediately of demands regarding freight, average demands, customs duties, taxes or other dues directed against AFEX Logistic Solutions as being agent for or possessor of the goods owned by third parties, when AFEX Logistic Solutions is not responsible for such payments. AFEX Logistic Solutions is entitled to take reasonable measures appropriate to protect him. If the circumstances do not require immediate action, AFEX Logistic Solutions must request instructions from his principal.

    The principal must inform AFEX Logistic Solutions in an appropriate way about all public/legal obligations, e.g. regarding customs regulations or trademark obligations, arising from the possession of the goods, unless it may reasonably be deduced from the quotation of AFEX Logistic Solutions that he is aware of such obligations.

  35. Invoices, foreign currencies
  36. AFEX Logistic Solutions' invoices are due immediately or otherwise if agreed per quotation submitted.

    The payment is accepted in local currency unless either parties agree to another currency or it is agreeable to pay in a 3rd currency i.e. US$.

    If he demands payment in Afghan currency, the current exchange rate will be used; unless it can be proven that a different rate of exchange must be used or was used.

  37. Settlement
  38. Claims arising out of the forwarding contract and other related claims may only be set off against counter claims, if these are undisputed. For claims that are not classified, the maximum liability of AFEX Logistic Solutions is US$100/- (US$ One Hundred Only)

  39. Lien and retention
  40. AFEX Logistic Solutions has a lien on all goods in his possession or other valuables in connection with any claim, whether due or not for any services for his principal in accordance with section 2.This lien does not exceed the general legal lien which applies.

    AFEX Logistic Solutions may exercise his lien for claims arising out of other contracts with the principal only if they are undisputed or if the financial situation of the debtor puts the claims of AFEX Logistic Solutions at risk without time limit.

    If the principal is in arrears, AFEX Logistic Solutions is entitled, after due notice, to sell such a portion of the principal's goods in his possession as is necessary, after appropriate consideration, to meet his claims.

    AFEX Logistic Solutions is entitled to the usual sales commission on the net proceeds of the sale when exercising his lien.

  41. Insurance of the goods
  42. It is the prime responsibility of the shipper to take insurance for his goods. AFEX Logistic Solutions is only liable to provide a detailed report on an incident, if occurred.

    If insurance is available and possible within the territories of AFEX Logistic Solutions arranges for the insurance of the goods (e.g., transit or warehousing insurance) with an insurer of his choice if instructed to do so by the principal before the goods are handed over. If AFEX Logistic Solutions cannot affect insurance cover, either due to the nature of the goods or for any other reason, he must inform the principal without delay.

    AFEX Logistic Solutions is entitled, but not obliged, to affect the insurance of the goods if this is in the interest of the principal. AFEX Logistic Solutions may assume that the insurance cover is in the interest of the principal, especially when,

    1. AFEX Logistic Solutions effected insurance cover for previous freight forwarding instructions
    2. The principal declared the value of the goods in his freight forwarding instructions (3).

    This assumption for the arrangement of insurance cover may not be made if

    1. The principal expressly forbids such insurance cover
    2. The principal is a AFEX Logistic Solutions, carrier or warehousing company.

    AFEX Logistic Solutions, after due consideration decides the type and scope of the insurance and arranges the cover at the usual market rates, unless the principal instructs AFEX Logistic Solutions differently, specifying the insured sum and the risks to be covered, in writing.

    If AFEX Logistic Solutions is the insurance policy holder and if he acted for the account of the principal he is obliged, if requested to do so, he is obliged to provide information about this in accordance with 14. In such a case AFEX Logistic Solutions is obliged to invoice the premium each freight forwarding instruction individually, to document it and to pay it to the insurer exclusively for this insurance cover.

    AFEX Logistic Solutions is entitled to a special fee, apart from his reimbursements, for arranging the insurance, handling claims and other administrative tasks in connection with claims and averages.

  43. Place of fulfillment, place of jurisdiction, applicable law

    The place of fulfillment for all parties to the contract is the location of that corporate office and or the operational HQ of AFEX Logistic Solutions at which the instructions are directed.

    The place of jurisdiction for all disputes arising out the instruction is for all participants, so far as they are business people, the location of that head office of AFEX Logistic Solutions at which the instructions are directed.

    The legal relationship between AFEX Logistic Solutions and the principal or his legal successors is governed by the law of Islamic Republic of Afghanistan and / or United Arab Emirates.


 
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