EIDO Exchange Agreement
15 July 2011
IMPORT DELIVERY ORDER TERMS AND CONDITIONS
These terms and conditions form part of the Carrier’s Applicable Tariff pursuant to clause 2 of the Carrier’s Bill of Lading terms.
“Bill of Lading” means the bill of lading pursuant to which the goods have been carried by the Carrier
“Equipment” includes any Container, dry container, reefer container, HC, open top, trailer, transportable tank, flat rack, platform, pallet, and any other equipment or device
“User” includes the merchant, the consignee notify party or the receiver of the goods and any customs broker, freight forwarder or agent collecting this Delivery Order.
1) The Equipment is loaned to the User on the terms and conditions of the Bill of Lading and as provided herein.
2) The User hereby acknowledges that the Equipment referred to in this Delivery Order is received in good order and conditions except as noted herein and that they are satisfied as to the condition of the Equipment and as to its suitability and fitness for the purposes for which they require the Equipment. All conditions and warranties other than those expressed herein are hereby excluded.
3) The User shall complete promptly and expeditiously the use for which the Equipment has been loaned and shall return the Equipment safely and expeditiously to the Company at the place received or such other place or places as the Company may designate in the same order and condition as at the commencement of the loan. Should this not occur, the charges as outlined in the said tariff governing the carriage of cargo will expressly apply.
4) The User shall not permit the Equipment to go out of his possession, use or operation without the consent of the Company in writing and the user shall be responsible to the Company for the performance of the terms and conditions herein provided notwithstanding that the Equipment may be in the possession, use or operation of any other person, firm, persons or firms pursuant to the said written consent of the Company.
5) The User shall be responsible to the Company for any loss of or damage to the Equipment occurring whilst the Equipment is in the possession, use or operation by the user or any other person or persons.
6) The User shall indemnify and keep indemnified the Company and shall hold it harmless against any and all claims for loss of or damage to or delay of arrival of the property transported by means of the use, operation or possession of the Equipment.
7) The User shall indemnify and keep indemnified the Company and hold it harmless against any and all loss, damage, liability claims, demands actions, suits, proceedings, costs and expenses including without limitation legal costs suffered or incurred by the Company arising out of or connected with or resulting from injuries to or death of any person or loss of or damage to property of any person arising out of or connected with or resulting from the use, operation or possession of the Equipment between the commencement of the loan and the return of the Equipment whether caused by negligence of the user or his servants or agents or by the negligence or any other person whatsoever and howsoever arising.
8) The User agrees to pay applicable storage charges to the terminal operator at whose terminal the Equipment, the subject of this Delivery Order is stored beyond the free storage period as notified and at the rates levied by the terminal operator in accordance with the published schedule, copies of which are available upon request from that operator.
Where the User, including a freight forwarder, customs broker or agent fails to return any Equipment within the free loan period, the following charges will apply;