General Trading Conditions
Aleksia-Lamin Logistics Services – Egypt www.aleksia-lamin.com
PART I – GENERAL CONDITIONS
1. Application
(A) Subject to sub-clause (B), these Conditions apply to every service supplied by Aleksia-Lamin, whether or not a fee is charged.
(i) Part I applies to all services.
(ii) Part II applies only where Aleksia-Lamin acts as an agent.
(iii) Part III applies only where Aleksia-Lamin acts as a principal.
(B) Where Aleksia-Lamin, or someone on its behalf, issues a document titled or described as a bill of lading (negotiable or not) or a waybill, and that document states that Aleksia-Lamin contracts as carrier, the terms of that document prevail over these Conditions to the extent they conflict.
(C) Any variation, cancellation or waiver of these Conditions must be in writing and signed by a Director of Aleksia-Lamin. No other person has authority to agree to any variation, cancellation or waiver, and none will be given such authority.
(D) No assumption of carrier liability. Unless Aleksia-Lamin expressly agrees in writing to act as carrier, it is not treated as having taken on the duties or liabilities of a carrier under any international convention, statute or law governing carriage of Goods by sea, air, road, rail or multimodal transport. Aleksia-Lamin acts only as agent in arranging such carriage and is not responsible for loss, damage or delay occurring while the Goods are in the custody or control of a third-party carrier or its agents.
2. When Aleksia-Lamin Acts as Principal
All services are provided as agent, except in the following cases, where Aleksia-Lamin acts as principal:
(A) where Aleksia-Lamin carries, handles or stores Goods, but only to the extent the carriage is carried out by Aleksia-Lamin itself or its employees and the Goods are in its actual custody and control;
(B) where, before carriage begins, the Customer demands in writing details of the identity, services or charges of the persons Aleksia-Lamin has instructed for all or part of the carriage, and Aleksia-Lamin fails to supply them within 28 days of receiving the demand. In that case Aleksia-Lamin is treated as principal for the part of the carriage to which the missing details relate;
(C) to the extent Aleksia-Lamin expressly agrees in writing to act as principal; or
(D) to the extent a court holds that Aleksia-Lamin acted as principal.
3. Agent or Principal: Clarifications
Without limiting clause 2:
(A) charging a fixed price for a service does not, in itself, decide or prove whether Aleksia-Lamin acts as agent or principal for that service;
(B) supplying its own or leased equipment does not, in itself, decide or prove whether Aleksia-Lamin acts as agent or principal for any carriage, handling or storage of Goods;
(C) Aleksia-Lamin acts as agent when it obtains a bill of lading or other document evidencing a contract of carriage between a third party and the Customer or Owner; and
(D) Aleksia-Lamin always acts as agent, never as principal, when providing services relating to customs requirements, taxes, licences, consular documents, certificates of origin, inspections, certificates and similar services.
4. EIFFA Standard Trading Conditions
(A) Application. The parties agree that the EIFFA Standard Trading Conditions ("EIFFA STC") govern the services, including all liability and limitation provisions.
(B) Precedence. If these Conditions conflict with the EIFFA STC, the EIFFA STC prevail where they place the Customer in a more favourable position.
(C) Acknowledgement. By entering into this Agreement, the Customer confirms it has reviewed and accepted the EIFFA STC, copies of which are available on request.
5. Definitions
(A) "Aleksia-Lamin" or "the Company" means Aleksia-Lamin Logistics Services, an EIFFA member trading under these Conditions.
(B) "Customer" means any person at whose request, or on whose behalf, Aleksia-Lamin provides a service.
(C) "Person" includes any company or other body corporate.
(D) "Owner" includes the owner, shipper and consignee of the Goods, any other person who has or may acquire an interest in the Goods, and anyone acting on their behalf.
(E) "Authority" means a duly constituted legal or administrative body acting within its powers and exercising jurisdiction in any country, state, municipality, port or airport.
(F) "Goods" means the cargo, together with any container not supplied by or for Aleksia-Lamin, in respect of which Aleksia-Lamin provides a service.
(G) "Container" includes any container, flexi-tank, trailer, transportable tank, flat, pallet or other article of transport used to carry or consolidate Goods, and any associated equipment.
(H) "Dangerous Goods" means Goods that are or may become dangerous, flammable, radioactive or damaging, and Goods likely to harbour or attract vermin or other pests.
(I) "Hague Rules" means the International Convention for the Unification of Certain Rules Relating to Bills of Lading, signed at Brussels on 25 August 1924.
(J) "Instructions" means a statement of the Customer's specific requirements.
(K) "Agreement" means the contract between Aleksia-Lamin and the Customer, incorporating these Conditions, and "party" means either of them.
6. Customer Warranties
(A) The Customer warrants that it is either the Owner or the Owner's authorised agent, and that it is authorised to accept these Conditions for itself and on behalf of the Owner.
(B) The Customer warrants that it has reasonable knowledge of matters affecting its business, including the terms of sale and purchase of the Goods and all related matters.
(C) The Customer shall give sufficient instructions that can be carried out.
(D) The Customer warrants that the description and particulars of the Goods are complete and correct.
(E) The Customer warrants that the Goods are properly packed and labelled, except where Aleksia-Lamin has accepted instructions to provide those services.
7. Special Instructions, Goods and Services
(A) Unless previously agreed in writing, the Customer shall not deliver Dangerous Goods to Aleksia-Lamin or cause Aleksia-Lamin to deal with or handle them.
(B) If the Customer breaches sub-clause (A), it is liable for all loss or damage of any kind caused by, to or in connection with the Goods, and shall defend, indemnify and hold harmless Aleksia-Lamin against all penalties, claims, damages, costs and expenses arising from it. The Goods may be destroyed or otherwise dealt with, without notice, at the sole discretion of Aleksia-Lamin or whoever has custody of them at the time.
(C) If Aleksia-Lamin agrees to accept Dangerous Goods and later, in its opinion or that of any other person, they pose a risk to other goods, property, life or health, they may be destroyed or otherwise dealt with without notice, at the expense of the Customer or Owner.
(D) The Customer shall not tender for transport any Goods requiring temperature control without first giving written notice of their nature and the temperature range to be maintained. For a temperature-controlled Container stuffed by or for the Customer, the Customer further undertakes that the Container has been properly pre-cooled or pre-heated, the Goods properly stuffed, and the thermostatic controls properly set.
(E) If these requirements are not met, Aleksia-Lamin is not liable for any loss of or damage to the Goods caused by the non-compliance.
8. Cargo Insurance
(A) The Customer shall, at its own expense, obtain and maintain comprehensive "all-risks" marine cargo insurance covering the Goods:
(i) in transit from the point of origin (including factory, port or other storage location) to Aleksia-Lamin's designated warehouse;
(ii) during storage at Aleksia-Lamin's facility or any subcontracted warehouse; and
(iii) during onward transport from Aleksia-Lamin's facility to the final delivery destination.
(B) The insurance must protect against loss, damage, theft or deterioration of the Goods at every stage of the logistics chain.
(C) Aleksia-Lamin has no duty to arrange insurance unless the Customer requests it in writing. If it does so, Aleksia-Lamin acts solely as the Customer's agent, and the Customer accepts that Aleksia-Lamin is not liable for any omission, delay or inadequacy in the insurance obtained, except for loss arising from Aleksia-Lamin's proven gross negligence or wilful misconduct. The total cost of insurance includes all premiums, surcharges and administrative costs of arranging it.
(D) On request, the Customer shall promptly give Aleksia-Lamin evidence of insurance, including policy schedules, certificates and proof of premium payment.
(E) The Customer's failure to maintain the insurance or provide evidence of it does not increase Aleksia-Lamin's liability beyond the limits set elsewhere in this Agreement.
9. No Insurance and Letter of Indemnity (LOI)
(A) If the Customer chooses not to insure its Goods in transit or storage, it does so entirely at its own risk and bears full responsibility for any resulting loss or damage.
(B) In that case the Customer shall give Aleksia-Lamin a duly signed Letter of Indemnity that:
(i) confirms the Customer waives any right to claim against Aleksia-Lamin or its insurers for loss or damage that cargo insurance would ordinarily cover, except where caused by Aleksia-Lamin's proven negligence; and
(ii) acknowledges that, even where Aleksia-Lamin is found liable, its liability is limited to the least of: the value of the Goods lost or damaged; 666.67 Special Drawing Rights (SDR) per package or unit; or 2 SDR per gross kilogram of the Goods.
(C) The SDR is as defined by the International Monetary Fund, and its value is calculated as at the date settlement is agreed or judgment is given.
(D) The Customer shall also indemnify and hold Aleksia-Lamin harmless against third-party claims or liabilities arising from uninsured exposures, including legal costs and related expenses.
10. Declaration of Value
Except under express written instructions that Aleksia-Lamin has accepted in writing, Aleksia-Lamin is not obliged to make any declaration, for the purposes of any statute, convention or contract, about the nature or value of any Goods or any special interest in delivery.
11. Delivery Instructions and Misdelivery
(A) Unless previously agreed in writing, or provided for in a document signed by Aleksia-Lamin, instructions to deliver or release Goods against payment or against surrender of a particular document must be in writing.
(B) Aleksia-Lamin's liability shall not exceed that provided for misdelivery of Goods.
12. Delay, Departure and Arrival Dates
Unless it was previously agreed in writing that the Goods would depart or arrive by a particular date, Aleksia-Lamin accepts no responsibility for departure or arrival dates.
13. General Indemnities
(A) The Customer and Owner shall defend, indemnify and hold harmless Aleksia-Lamin against all liability, loss, damage, costs and expenses arising from:
(i) the nature of the Goods, unless caused by Aleksia-Lamin's negligence;
(ii) Aleksia-Lamin acting in accordance with the instructions of the Customer or Owner; or
(iii) a breach of warranty or obligation by the Customer, or the negligence of the Customer or Owner.
(B) Except to the extent caused by Aleksia-Lamin's negligence, the Customer and Owner are liable for, and shall defend, indemnify and hold harmless Aleksia-Lamin in respect of, all duties, taxes, imposts, levies, deposits and outlays of any kind imposed by any Authority, and all payments, fines, costs, expenses, loss and damage Aleksia-Lamin incurs in connection with them.
(C) Advice and information, in any form, are given by Aleksia-Lamin for the Customer only. The Customer shall defend, indemnify and hold harmless Aleksia-Lamin against all liability, loss, damage, costs and expenses arising from anyone else relying on them.
(D)
(i) The Customer undertakes not to make any claim against any employee, sub-contractor or agent of Aleksia-Lamin that would impose or attempt to impose liability on them in connection with the Goods, and, if such a claim is nonetheless made, to indemnify Aleksia-Lamin against all its consequences.
(ii) Without limiting the above, each such employee, sub-contractor or agent has the benefit of all provisions of these Conditions as if they were expressly written for them. In entering this contract, Aleksia-Lamin acts, to the extent of those provisions, not only for itself but as agent and trustee for them.
(iii) The Customer shall defend, indemnify and hold harmless Aleksia-Lamin against all claims, costs and demands, by whomever made, that exceed Aleksia-Lamin's liability under these Conditions. This indemnity covers all claims, costs and demands arising from or connected with the negligence of Aleksia-Lamin, its employees, sub-contractors and agents.
(iv) In this clause, "sub-contractors" includes direct and indirect sub-contractors and their employees and agents.
(E) The Customer is liable for loss, damage, contamination, soiling, detention or demurrage, before, during and after carriage, of property (including Containers) belonging to Aleksia-Lamin or to any person or vessel referred to in (D), where it is caused by the Customer, the Owner or anyone acting for either, or is otherwise the Customer's responsibility.
14. Payment of Charges
(A) The Customer shall pay Aleksia-Lamin all sums, in cash or as agreed, immediately when due, without deduction or deferment on account of any claim, counterclaim or set-off.
(B) Where Aleksia-Lamin is instructed to collect freight, duties, charges or other expenses from someone other than the Customer, the Customer is responsible for them once shown evidence of demand and of the other person's non-payment when due.
(C) Aleksia-Lamin is entitled to interest on overdue amounts at four (4) percent above the base rate of the Central Bank of Egypt in force while the amounts remain overdue.
LIBERTIES AND RIGHTS OF ALEKSIA-LAMIN
15. Discretion in Contracting and Performance
Unless otherwise agreed in writing, Aleksia-Lamin may, without notice to the Customer, make contracts on its own behalf or the Customer's:
(A) for the carriage of Goods by any route, means or person;
(B) for the carriage of Goods of any description, containerised or not, on or under the deck of any vessel;
(C) for the storage, packing, transshipment, loading, unloading or handling of Goods by any person, at any place, onshore or afloat, for any length of time;
(D) for the carriage or storage of Goods in Containers or together with other goods of any nature; and
(E) for the performance of its own obligations, and take any steps it considers necessary or incidental to that performance.
16. Deviation and Compliance with Authorities
(A) Aleksia-Lamin may, but need not, depart from the Customer's instructions in any respect if it considers there is good reason to do so in the Customer's interest, and it incurs no additional liability by doing so.
(B) Aleksia-Lamin may at any time comply with the orders or recommendations of any Authority. Its responsibility for the Goods ends on delivery or other disposal of the Goods in accordance with those orders or recommendations.
17. Termination or Hindrance in Performance
If, in the opinion of Aleksia-Lamin or of any person whose services it uses, performance of its obligations is or is likely to be affected by any hindrance, risk, delay, difficulty or disadvantage that reasonable efforts cannot avoid, Aleksia-Lamin may treat its obligations as terminated. It shall give the Customer or Owner written notice, or none where giving notice is not reasonably possible. It may place the Goods, or any part of them, at the disposal of the Customer or Owner at any place it considers safe and convenient, and its responsibility for the Goods then ends. The Customer is responsible for the additional costs of carriage to, and delivery and storage at, that place and all other expenses Aleksia-Lamin incurs.
18. Failure to Take Delivery
If the Customer or Owner does not take delivery of the Goods, or any part of them, at the time and place where Aleksia-Lamin, or any person whose services it uses, is entitled to require it, Aleksia-Lamin or that person may store the Goods in the open or under cover, entirely at the Customer's risk and expense.
19. Disposal of Goods
Despite clauses 17 and 18, Aleksia-Lamin may, but need not, at the Customer's expense, payable on demand and without liability to the Customer or Owner, sell or dispose of:
(A) after giving the Customer twenty-one (21) days' written notice, any Goods that in its opinion cannot be delivered as instructed; and
(B) without notice, any Goods that have perished, deteriorated or changed, or are about to do so in a way that has caused or may reasonably be expected to cause loss or damage to any person or property or to breach applicable regulations.
20. Lien and Set-Off
(A) Aleksia-Lamin has a particular and general lien over all Goods and documents relating to Goods in its possession for all sums owed at any time by the Customer or Owner. After giving the Customer twenty-eight (28) days' written notice, it may sell or dispose of those Goods or documents at the Customer's expense and without liability to the Customer or Owner, and apply the proceeds towards the sums owed.
(B) In addition to its lien, Aleksia-Lamin may at any time, without notice, set off any sum owed to it by the Customer or Owner against any sum it owes to the Customer or Owner, whether under these Conditions or otherwise. The Customer may not set off any sums owed by Aleksia-Lamin without Aleksia-Lamin's prior written consent.
21. Brokerage and Enforcement
(A) Aleksia-Lamin may retain, and be paid, all brokerages, commissions, allowances and other remuneration customarily retained by or paid to freight forwarders.
(B) Aleksia-Lamin may enforce any liability of the Customer under these Conditions against the Owner and the Customer jointly and severally, and may recover from them any sums the Customer was to pay that remain unpaid after demand.
22. Containers
(A) Where a Container was not packed or stuffed by Aleksia-Lamin, Aleksia-Lamin is not liable for loss of or damage to its contents if caused by:
(i) the way the Container was packed or stuffed;
(ii) the unsuitability of the contents for carriage in Containers, unless Aleksia-Lamin approved their suitability;
(iii) the unsuitability or defective condition of the Container. Where the Container was supplied by or for Aleksia-Lamin, this applies only if the unsuitability or defect (a) arose without any negligence on Aleksia-Lamin's part, or (b) would have been apparent on reasonable inspection by the Customer, the Owner or anyone acting for either; or
(iv) the Container not being sealed at the start of carriage, unless Aleksia-Lamin agreed to seal it.
(B) The Customer shall defend, indemnify and hold harmless Aleksia-Lamin against all liability, loss, damage, costs and expenses arising from any matter covered by (A), except for (A)(iii)(a).
(C) Where Aleksia-Lamin is instructed to provide a Container, and there is no written request to the contrary, it is not obliged to provide a Container of any particular type or quality.
23. General Liability
(A) Except as these Conditions otherwise provide, Aleksia-Lamin is not liable for any loss or damage arising from:
(i) an act or omission of the Customer or Owner, or of anyone acting for them;
(ii) compliance with instructions given by the Customer, the Owner or any other person entitled to give them;
(iii) insufficient packing or labelling of the Goods, unless Aleksia-Lamin provided that service;
(iv) handling, loading, stowage or unloading of the Goods by the Customer, the Owner or anyone acting for them;
(v) inherent vice of the Goods;
(vi) riots, civil commotion, strikes, lockouts, or stoppage or restraint of labour from any cause;
(vii) fire, flood, storm or any act of God; or
(viii) any cause Aleksia-Lamin could not avoid, and whose consequences it could not prevent, by exercising reasonable diligence.
(B) Force Majeure
Definition. A "Force Majeure Event" is any circumstance beyond a party's reasonable control, including acts of God, war, riot, civil commotion, terrorist acts, pandemic, strikes or other labour disputes, embargo, fire, flood, natural disaster or governmental order.
Relief from liability. Neither party is liable for delay or failure in performing its obligations to the extent caused by a Force Majeure Event, provided the affected party notifies the other in writing within three (3) business days of becoming aware of it and uses commercially reasonable efforts to limit its effects.
Prolonged Force Majeure. If a Force Majeure Event continues for thirty (30) consecutive days, either party may terminate this Agreement by giving five (5) days' written notice.
Outstanding obligations. Termination does not affect rights or obligations that accrued before the termination date, including payment obligations and liability for breach of contract.
Allocation of costs. Any additional costs or expenses caused by the Force Majeure Event before termination are borne by the Customer.
(C) Sanctions, Export Control and Anti-Corruption Compliance
The Customer warrants that neither it, the Owner nor the transaction is subject to sanctions or designated-party restrictions administered by the United Nations, Egypt, the EU, OFAC, HM Treasury or any other competent authority.
The Customer shall provide all information and documents Aleksia-Lamin needs to comply with applicable customs, trade-control and anti-corruption laws. If it fails to do so, Aleksia-Lamin may suspend or terminate any service without liability.
The Customer shall indemnify Aleksia-Lamin against any loss or liability arising from breach of this clause.
(D) Subject to clause 12, and howsoever caused, Aleksia-Lamin is not liable for loss of or damage to property other than the Goods themselves, for indirect or consequential loss or damage, for loss of profit, or for delay or deviation.
24. Amount of Compensation
Except as these Conditions otherwise provide, Aleksia-Lamin's liability, however arising and even if the cause of loss or damage is unexplained, shall not exceed the following:
(A) For all claims other than those covered by (C), the lesser of:
(i) the value of the Goods, or SDR 666.67 per package or unit; and
(ii) two (2) SDR per gross kilogram of the Goods lost, damaged, misdirected, misdelivered or otherwise giving rise to the claim.
(B) The SDR is as defined by the International Monetary Fund, and its value is calculated as at the date settlement is agreed or judgment is given.
(C) For claims for delay, where not excluded by these Conditions, the amount of Aleksia-Lamin's charges for the Goods delayed.
25. Calculation of Compensation
(A) Compensation is calculated by reference to the invoice value of the Goods plus freight and insurance, if paid.
(B) If there is no invoice value, compensation is calculated by reference to the value of the Goods at the place and time they were delivered, or should have been delivered, to the Customer or Owner. That value is fixed by current market price or, if there is no commodity exchange or market price, by the normal value of goods of the same kind and quality.
26. Special Agreement for Higher Compensation
By special written agreement, and on payment of additional charges, higher compensation may be claimed from Aleksia-Lamin, not exceeding the value of the Goods or the agreed value, whichever is lower.
27. Notice of Loss and Time Bar
(A) Aleksia-Lamin is discharged from all liability unless:
(i) written notice of the claim reaches Aleksia-Lamin or its agent within fourteen (14) days after the relevant date in (B), or within a reasonable time after that date if the Customer proves it was impossible to notify sooner; and
(ii) legal proceedings are brought in the proper forum, and written notice of them reaches Aleksia-Lamin, within nine (9) months after the relevant date in (B).
(B) The relevant date is:
(i) for loss of or damage to Goods, the date of delivery;
(ii) for delay or non-delivery, the date the Goods should have been delivered; and
(iii) in any other case, the date of the event giving rise to the claim.
28. General Average
The Customer shall defend, indemnify and hold harmless Aleksia-Lamin against any claim of a General Average nature made against it, and shall provide whatever security Aleksia-Lamin requires in that connection.
MISCELLANEOUS
29. Notices and Electronic Communications
Any notice, communication, instruction or document required or permitted under these Conditions may be given or kept electronically or by post.
Notices or documents sent by email are deemed received on the day of sending, provided the sender receives no delivery-failure or error message. Notices sent by post are deemed received on the third day after posting to the recipient's last known address.
Any communication, document or record may be created, sent or stored electronically, including electronic bills of lading, waybills, delivery orders and invoices. Electronic versions have the same legal effect as originals, provided their authenticity and integrity can reasonably be verified.
Aleksia-Lamin is not liable for any loss, delay or damage arising from interception, corruption or unauthorised access to electronic communications outside its reasonable control.
30. Data Protection and Confidentiality
Aleksia-Lamin shall process personal data and commercial information only as far as necessary to perform its services and in accordance with applicable data protection laws, including Law No. 151 of 2020 (the Egyptian Personal Data Protection Law).
The Customer shall ensure that any data it provides is accurate and lawful, and that all necessary consents have been obtained.
All information exchanged between the parties is confidential and shall not be disclosed to third parties, except where needed to perform the services or required by law.
Personal data may be transferred and processed outside the Arab Republic of Egypt solely to perform the services, provided the transfer is subject to equivalent protection and appropriate safeguards consistent with applicable data protection legislation.
31. Defences and Limits of Liability
The defences and limits of liability in these Conditions apply to any action against Aleksia-Lamin, whether founded in contract or tort.
32. Compliance with Legislation
If any legislation applies compulsorily to any business undertaken, these Conditions are read, for that business, as subject to that legislation. Nothing in these Conditions is a surrender by Aleksia-Lamin of any of its rights or immunities, or an increase in its responsibilities or liabilities, under that legislation.
If any part of these Conditions conflicts with that legislation, that part is overridden to the extent of the conflict and no further.
33. Entire Agreement
These Conditions are the entire agreement between the parties and replace all prior understandings on their subject matter.
34. Severability
If any provision is found invalid or unenforceable, the remaining provisions stay in full force, and the parties shall negotiate a valid replacement that achieves the original intent as closely as possible.
35. Waiver
Failure or delay in enforcing any provision is not a waiver. Waiver of one breach is not a waiver of any later breach.
36. Working Hours and Overtime
Standard working hours. Aleksia-Lamin's normal working hours are 08:30 to 17:00 (UTC+02:00, Cairo time), Sunday to Thursday, excluding official public holidays in the Arab Republic of Egypt.
Overtime charges.
(A) Services requested by the Customer and performed outside standard working hours, or on official public holidays, are subject to overtime charges at Aleksia-Lamin's prevailing rates, notified to the Customer in advance wherever reasonably practicable.
(B) Overtime is calculated in accordance with applicable Egyptian labour and commercial laws, including Law No. 12 of 2003, and is invoiced as part of the service charges.
(C) No overtime charges apply where work outside normal hours is required solely by Aleksia-Lamin's own operational needs, or by delays not attributable to the Customer.
37. Headings
Headings of clauses or groups of clauses are for guidance only.
38. Governing Law and Jurisdiction
(A) These Conditions, and any claim or dispute arising out of or in connection with Aleksia-Lamin's services, are governed by and construed in accordance with the laws of the Arab Republic of Egypt.
The courts of Egypt have exclusive jurisdiction over any claim or dispute under these Conditions, unless Aleksia-Lamin elects to refer the dispute to arbitration as set out below.
At Aleksia-Lamin's option, any dispute may be referred to arbitration before the Cairo Regional Centre for International Commercial Arbitration (CRCICA) under its Rules in force at the time. The arbitration shall take place in Cairo, in English. The award is final and binding and may be enforced in any competent court.
Where Aleksia-Lamin elects arbitration, that election is final and binding, and the Customer shall not start or continue parallel court proceedings over the same dispute.
Nothing in this clause prevents Aleksia-Lamin from bringing proceedings before any competent court, in Egypt or elsewhere, to recover freight, demurrage or any other sums due.
(B) Governing language. These Conditions are written in English, which governs all interpretation, communications and disputes. Any translation is for reference only, and if it is inconsistent with the English version, the English version prevails.
PART II: ALEKSIA-LAMIN AS AGENT
39. Special Liability and Indemnity Conditions
(A) Where Aleksia-Lamin acts as agent, it does not make, or purport to make, any contract with the Customer for the carriage, storage or handling of the Goods or for any other physical service relating to them. It acts solely on the Customer's behalf in obtaining those services by making contracts with third parties, so that direct contractual relationships arise between the Customer and those third parties.
(B) Aleksia-Lamin is not liable for the acts and omissions of the third parties referred to in (A).
40. Authority and Indemnity
(A) When acting as agent, Aleksia-Lamin has the Customer's authority to make contracts on the Customer's behalf and to do acts that bind the Customer, in all respects and even where it departs from the Customer's instructions.
(B) Except to the extent caused by Aleksia-Lamin's negligence, the Customer shall defend, indemnify and hold harmless Aleksia-Lamin against all liability, loss, damage, costs and expenses arising from any contract made in obtaining the Customer's requirements in accordance with clause 39.
41. Choice of Rates
Where rates vary according to the extent of liability accepted by those carrying, storing or handling the Goods, no declaration of value will be made where it is optional, unless otherwise agreed in writing.
PART III: ALEKSIA-LAMIN AS PRINCIPAL
42. Special Liability Conditions
To the extent Aleksia-Lamin contracts as principal to carry out the Customer's instructions, it undertakes to perform them, or to procure their performance in its own name. Subject to these Conditions, it is liable for loss of or damage to the Goods occurring from the time they are taken into its charge until delivery.
43. Determining Liability
Despite the other provisions of these Conditions, if it can be proved where the loss or damage occurred, Aleksia-Lamin's liability is determined by the provisions of any international convention or national law that:
(A) cannot be departed from by private contract to the claimant's detriment; and
(B) would have applied had the claimant made a separate, direct contract with the actual provider of the service at the stage of carriage where the loss or damage occurred, and received as evidence of it any document that must be issued for that convention or law to apply.
44. Carriage by Sea or Inland Waterway
Despite the other provisions of these Conditions, if it can be proved that loss or damage occurred at sea or on an inland waterway, and clause 43 does not apply, Aleksia-Lamin's liability is determined under the Hamburg Rules 1978 in countries where those rules apply compulsorily, and otherwise under the Hague Rules.
References to the Hamburg Rules or the Hague Rules, as applicable, in relation to carriage by sea include carriage by inland waterway, and those rules are construed accordingly.
45. Limitation Fund
Despite clause 44, if loss or damage occurred at sea or on inland waterways and the owner, charterer or operator of the vessel establishes a limitation fund, Aleksia-Lamin's liability is limited to the proportion of that fund allocated to the Goods.
46. Air Carriage
Where Aleksia-Lamin acts as principal for carriage of Goods by air, the following notice is given: if the carriage has an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention may apply, and that Convention governs and in most cases limits carriers' liability for loss of or damage to cargo.
Agreed stopping places are those places (other than the places of departure and destination) shown in the requested routing or in carriers' timetables as scheduled stopping places for the route. The address of the first carrier is the airport of departure.
47. Both-to-Blame Collision Clause
The current Both-to-Blame Collision Clause adopted by BIMCO is incorporated into these Conditions.