1. This agreement incorporates terms and conditions constituting a binding contract that governs the contractual relationship between EUROFREIGHT LOGISTICTS LTD (hereinafter referred to as “the Company”) and the party requesting and/or accepting services from the Company and/or to whom the Company has agreed to provide services (hereinafter referred to as “the Customer”).
2. The Customer hereby appoints the Company, its officers, employees and/or specifically authorized agents to act for and on its behalf as a forwarder and/or provider of logistics services and as their true and lawful agents to perform logistics services in connection with the international importation, exportation and transportation of goods.
3. All instructions provided by the Customer to the Company shall be made in writing and shall be submitted by acceptable modes of communication to the offices of the Company. The Company accepts no responsibility for its acts and/or omissions arising from failure to carry out instructions provided otherwise than aforestated.
4. Quotations as to fees, freight charges, insurance premiums or other charges given by the Company to the Customer are subject to change without notice.
5. The Customer hereby agrees to pay all charges, fees, expenses, taxes, duties and/or any other amounts that are contained in the invoice to be issued by the Company on the Customer’s name and/or debited to the account maintained by Eurofreight Logistics Ltd on the Customer’s name, in accordance to the Company’s charges schedule which the client hereby acknowledges that he has read and understood. All payments shall be effected in the currency defined by the Company in the relevant invoice.
6. The Customer hereby agrees to pay all charges, fees, expenses, and/or other amounts in respect of services, including transport, brokerage, commissions, carriage and insurance, that have been provided to the Customer by third parties through the Company.
7. The Customer hereby agrees that payments for all outstanding balances cannot be withheld for any reason from the Company and the Customer hereby undertakes to pay all outstanding amounts notwithstanding any dispute or disagreement as to the exact outstanding balance.
8. The Company hereby agrees to provide and the Customer hereby agrees to be provided with credit privileges to the effect that all charges, fees, expenses and/or other amounts debited to the account carrying the applicant’s name to be maintained by Eurofreight Logistics Ltd shall be payable on terms and conditions as approved by the company from time to time (hereinafter ‘Credit Period’). This term shall be subjected to credit guarantees, as agreed between the Company, the Customer and any third party in the ‘Customer Credit Form’, the terms of which are hereby declared as an integral part of this agreement.
9. In consideration of credit privileges administered to the Customer under the preceding paragraph, the Customer hereby agrees to pay a fee (hereinafter ‘Management Fee’) as directed by the company from time to time, as a percentage of the total of all charges, fees, expenses, and/or other amounts in respect of services provided by the Company.
10. The Customer accepts that the Company is entitled to revoke credit privileges at any time by providing reasonable notice.
11. The Customer accepts that failure to effect payment of outstanding balances within the Credit Period may result to the immediate withdrawal of credit privileges from the Customer without further notice and, in such case, all amounts accrued to the Company will become immediately due.
12. The Customer accepts that in addition to any charges, fees, expenses, management fees and/or other amounts debited to the account of the applicant in respect of services provided by the Company, the Company shall be entitled to charge interest on any outstanding balance outside the Credit Period and the Customer hereby agrees that sections 5 and 6 of the Late Payment in Commercial Transactions Act (73(I)/2003) is hereby incorporated in this Agreement.
13. The Customer hereby agrees that section 7 of the Late Payment in Commercial Transactions Act (73(I)/2003) is hereby incorporated in this Agreement.
14. It is hereby agreed that the Company enjoys a general and continuing lien on any and all property of the Customer coming into the Company’s actual or constructive possession or control, in respect of all outstanding amounts and/or amounts within the Credit Period owed to the Company by the Customer. It is also agreed that the Company may exercise such lien by providing notice to the Customer’s address shown overleaf and section 11 of the Late Payment in Commercial Transactions Act (73(I)/2003) is hereby incorporated in this Agreement.
15. The Customer hereby acknowledges that the Company relies on the correctness of all documentation, whether in written or electronic format, and all information furnished by the Customer to the Company and the Customer hereby undertakes to indemnify and hold the Company harmless from any and all claims asserted and/or liability or losses suffered by reason of the Customer’s failure to disclose information and/or any
