(Legally Refined Version)
These Standard Terms and Conditions do not exclude, restrict, or modify any statutory rights conferred on consumers under the laws of Sri Lanka that cannot lawfully be excluded, restricted, or modified by agreement.
1. General Application
1.1 All business undertaken by Lanka Shipping and Logistics (Pvt) Ltd (the “Company”) is subject to these Terms and Conditions. These Terms are deemed incorporated into every agreement concluded between the Company and its customers.
1.2 The Company handles all goods strictly subject to these Terms. The Company is not a common carrier and, accordingly, accepts no liability as such.
1.3 The Company may, at its sole discretion, refuse to accept or handle any goods without providing reasons.
2. Capacity: Principal and Agent
2.1 Any instructions issued to the Company may, at the Company’s discretion, be performed:
- (a) by the Company as agent for the customer;
- (b) by the Company as a principal contractor; or
- (c) by third parties engaged by the Company under such terms as those third parties may stipulate.
2.2 The customer shall be bound by the terms imposed by such third parties and shall indemnify and hold the Company harmless against all claims arising from the engagement of such third parties.
3. Authority of Customer
Customers warrant that they are the owner, or the duly authorised agent of the owner, of the goods comprising the subject matter of any transaction with the Company. By entering into the contract, the customer accepts these Terms on behalf of all parties with an interest in the goods and warrants that they have the authority to bind such parties.
4. Method and Route
Subject to written instructions expressly accepted by the Company, the Company retains full discretion over the means, route, and procedures employed in the handling and transportation of goods. The Company may deviate from a customer’s instructions if it considers such deviation necessary or desirable in the customer’s interests.
5. Packing
Unless expressly instructed in writing to pack the goods, the customer warrants that all goods have been properly and sufficiently packed and prepared for transport.
6. Remuneration
The Company is entitled to retain all brokerages, commissions, fees, allowances and other remuneration normally retained by freight forwarders or insurance brokers.
7. Quotations
Quotations are subject to immediate acceptance and may be withdrawn before acceptance or revised after acceptance. Any alteration in customs duties, freight, warehousing charges, insurance premiums or other applicable charges will entitle the Company to revise its quotations without notice.
8. Accuracy of Information
Customers, consignors, consignees, and their agents warrant the accuracy of all particulars (including values, descriptions, dimensions, and weights) provided for customs or transportation purposes. They shall indemnify the Company against all losses, fines, expenses, or damages arising from inaccuracies or omissions, whether or not due to negligence.
9. Duties, Taxes, and Charges
The customer, consignor, consignee, and their agents shall be jointly and severally liable for all duties, taxes, levies, penalties, customs charges and related expenses incurred in connection with the goods, and shall indemnify the Company and its agents against all third-party claims arising therefrom.
10. Charges to be Collected from Consignee
Where the Company undertakes to collect freight, duties or other charges from a consignee or third party, the customer remains fully liable for such payments if unpaid by the consignee.
11. Container Return Obligations
The customer is responsible for returning containers in a clean, undamaged condition within the customary return period.
The customer shall indemnify the Company against all liabilities, including detention or demurrage, arising from:
- (a) delayed return;
- (b) failure to return;
- (c) damage to the container; or
- (d) contamination of the container.
12. Loading/Unloading Delays
The customer shall indemnify the Company against all costs, expenses or liabilities arising from delays in loading or unloading, including waiting time, detention, or demurrage of any vehicle or conveyance.
13. Company Charges
13.1 All charges, including freight, are fully earned upon the Company receiving the goods and are payable irrespective of loss of goods or abandonment of the voyage/flight.
13.2 All outstanding charges shall be paid without set-off or deduction in the currency of receipt or at the Company’s option in the currency of delivery.
13.3 The Company may re-weigh or re-measure goods at any time. If particulars supplied by the customer are incorrect, liquidated damages shall be payable.
14. Insurance
Insurance will only be effected upon written instructions specifying required risks and declared values. All insurance is subject to the insurer’s standard terms. The Company bears no liability in the event of insurer repudiation.
15. Limitation of Liability
The Company shall not be liable for any loss, damage, cost or delay except to the extent caused by its willful neglect and only while goods are in its actual custody and control.
16. Information on Customs Duties
The Company shall not be liable for any loss arising from statements or advice concerning classification, liability for, or calculation of customs duties, excise, taxes or similar charges. Customers act at their own risk.
17. Liability Cap
Unless a compulsory statutory regime prescribes a higher limit, the Company’s liability for any incident is limited to re-supplying the service or paying the cost of re-supplying the service.
18. Time Bar
The Company shall be discharged of all liability unless written notice of claim and commencement of legal proceedings occur within six months of delivery or when delivery should have occurred.
19. Declaration of Value
No declaration of value to extend liability of carriers or warehousemen shall be made unless expressly instructed in writing.
20. Cash on Delivery (COD)
COD instructions are accepted on the basis that the Company shall exercise due care and skill only in collection.
21. Perishable Goods
Perishable goods not taken up immediately, or inadequately addressed or identifiable, may be sold or disposed of without notice.
22. Non-Perishable Goods
Non-perishable goods that cannot be delivered may be sold or returned at the Company’s option after 21 days’ written notice.
23. Dangerous Goods
The Company will not accept dangerous, hazardous, flammable, explosive or otherwise noxious goods without prior written agreement.
24. Valuable Goods
Except under prior written arrangements, the Company will not accept responsibility for bullion, precious stones, jewellery, antiques, pictures, livestock or plants.
25. Warehousing
Pending forwarding or delivery, goods may be warehoused at any location at the customer’s risk and expense.
26. Lien
The Company holds a general and particular lien over all goods and documents for all monies due.
27. Third-Party Protections (Himalaya Clause)
27.1 The customer agrees to extend all exclusions and limitations of liability to the Company’s servants, agents and subcontractors.
28. Indemnity
The customer shall indemnify the Company against all losses, damages, liabilities, expenses or claims arising from the customer’s instructions or goods.
29. Joint and Several Liability
The Company may recover payments from the customer, consignor, consignee, or owner of the goods.
30. Customer Forms
The use of any form issued by the customer shall not derogate from these Terms.
31. Notice of Loss or Damage
Goods shall be deemed delivered unless written notice of loss or damage is provided at delivery or within three days thereafter.
32. Authority of Company Personnel
No employee or agent of the Company has authority to alter or waive these Terms.
33. Survival of Rights
All rights and limitations herein remain effective despite any breach of contract.
34. Governing Law and Jurisdiction
These Terms shall be governed by the laws of Sri Lanka. Parties submit to the non-exclusive jurisdiction of Sri Lankan courts.