Terms and Conditions
When an interested client/customer approaches Rolling Cargo Limited for our services the following terms and conditions shall automatically apply:
All claims must be submitted in writing to Rolling Cargo Limited within thirty (30) days from the date that the company accepted the Shipment, failing which Rolling Cargo Ltd. shall have no liability whatsoever. Claims are limited to one claim per Shipment, settlement of which will be full and final settlement for all loss or damage in connection therewith.
- Clearance of Customs
Rolling Cargo may perform any of the following activities on Shipper’s or Receiver’s behalf in order to provide its services:
- complete any documents, amend product or service codes, and pay any duties, taxes or penalties required under applicable laws and regulations (“Customs Duties”),
- Act as Shipper’s forwarding agent for customs and export control purposes and as Receiver solely for the purpose of designating a customs broker to perform customs clearance and entry
- Redirect the Shipment to Receiver’s customs broker or other address upon request by any person who Rolling Cargo believes in its reasonable opinion to be authorized.
- Liability on goods
Rolling Cargo Ltd. will make every reasonable effort to deliver the Shipment according to Rolling Cargo regular delivery schedules, but these schedules are not binding and do not form part of the contract. Rolling Cargo is not liable for any damages or loss caused by delay, but for certain Shipments, Shipper may be able to claim limited delay compensation under the arrangement of the company.
Rolling cargo’s liability is strictly limited to direct loss and damage to a Shipment only and to the per kilogram limits. All other types of loss or damage are excluded (including but not limited to lost profits, income, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to Rolling Cargo’s attention.
- Circumstances beyond Rolling Cargo Ltd.
Rolling Cargo is not liable for any loss or damage arising out of circumstances beyond its control. These include but are not limited to electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings; any defect or characteristic related to the nature of the Shipment, even if known to Rolling Cargo Ltd.; any act or omission by a person not employed or contracted by Rolling Cargo – e.g. Shipper, Receiver, third party, customs or other government official; “Force Majeure” – e.g. earthquake, cyclone, storm, flood, fog, war, plane crash, embargo, riot, civil commotion, or industrial action that have arisen out of the reach of powers of Rolling Cargo Ltd.
Shipments are delivered to the Receiver’s address given by Shipper but not necessarily to the named Receiver personally. Shipments to addresses with a central receiving area will be delivered to that area.
Rolling Cargo may notify Receiver of an upcoming delivery or a missed delivery. Receiver may be offered alternative delivery options such as delivery on another day, no signature required, redirection or collection at a Rolling Cargo Service Point. Shipper may exclude some delivery options on request made in advance to the company.
If the Shipment is deemed to be unacceptable or it has been undervalued for customs purposes, or Receiver cannot be reasonably identified or located, or Receiver refuses delivery or to pay Customs Duties or other Shipment charges, Rolling Cargo shall use reasonable efforts to return the Shipment to Shipper at Shipper’s cost, failing which the Shipment may be released, disposed of or sold without incurring any liability whatsoever to Shipper or anyone else, with the proceeds applied against Customs Duties, Shipment charges and related administrative costs with the balance of the proceeds of a sale to be returned to Shipper. Rolling Cargo Ltd. shall have the right to destroy any Shipment which any law prevents Rolling Cargo from returning to Shipper as well as any Shipment of Dangerous Goods.
- Charges and Fess
Rolling Cargo’s Shipment charges are calculated according to the size and weight of the shipment the shipper intends to deliver. Rolling Cargo Ltd. puts into consideration the distance with which the shipment is to be delivered. A standard measurable calculation is employed to asses’ fees chargeable on all shipments.
Shipper, or the Receiver when the company acts on Receiver’s behalf, shall pay or reimburse Rolling Cargo for all Shipment or other charges due, or Customs Duties owed for services provided by Rolling Cargo or incurred by Rolling Cargo on Shipper’s or Receiver’s behalf. Payment of Customs Duties may be requested prior to delivery.
- Warranties and Indemnities of the Shipper
Shipper shall indemnify and hold Rolling Cargo Ltd. harmless for any loss or damage arising out of Shipper’s failure to comply with the following warranties and representations:
- all information provided by Shipper or its representatives is complete and accurate;
- the Shipment was prepared in secure premises by reliable persons and was protected against unauthorized interference during preparation, storage and any transportation to Rolling Cargo Ltd;
- Shipper has complied with all applicable customs, import, export, data protection laws, sanctions, embargos and other laws and regulations; and
- Shipper has obtained all necessary consents in relation to personal data provided to Rolling Cargo Ltd.including Receiver’s data as may be required for transport, customs clearance and delivery, such as e-mail address and mobile phone number.
- Applicable Law
Any dispute arising under or in any way connected with these Terms and Conditions shall be subject, for the benefit of Rolling Cargo Ltd., to the non-exclusive jurisdiction of the courts of, and governed by the law of the country of origin of the Shipment and Shipper irrevocably submits to such jurisdiction, unless contrary to applicable law.