Heli Skycargo's Standard Trading Terms and Conditions

Effective 17 February 2023

GENERAL PROVISIONS

APPLICABILITY OF RULES
1. All transactions entered into between HELI SKYCARGO LTD of 4/F, Suite 9, 87-105 Chatham Road, Hong Kong with the Customer are subject to the application of the STC and such other rules and regulations implemented by prevailing applicable legislations and/or conventions and/or their subsequent amendments or enactments, if any.
2. The Freight Forwarder and Customer agree that these terms and conditions shall supersede any additional terms of any other contract which are in conflict with these terms and conditions, insofar as they increase the responsibility or obligations of the Freight Forwarder.
DEFINITIONS
1. Carrier means any person actually performing the carriage of the Goods with their own means of transport (performing Carrier) and any person subject to carrier liability as a result of an express or implied undertaking to assume such liability (contracting Carrier).
2. Customer means any person having rights or obligations under the contract of Freight Forwarding Services concluded with a Freight Forwarder or as a result of his activity in connection with such services.
3. Dangerous Goods means Goods which are officially classified as hazardous as well as Goods which are or may become of a dangerous, inflammable, radioactive noxious or damaging nature
4. Freight Forwarding Services means services of any kind relating to the carriage (performed by single mode or multimodal transport means), consolidation, storage, handling, packing or distribution of the Goods as well as ancillary and advisory services in connection therewith, including but not limited to, customs and fiscal matters, declaring the Goods for official purposes, procuring insurance of the Goods and collecting or procuring payment or documents relating to the Goods. Freight Forwarding Services also include logistical services with modern information and communication technology in connection with the carriage, handling or storage of the Goods, and the total supply chain management.
5. Freight Forwarder means Heli Skycargo Limited, the company concluding a contract of Freight Forwarding Services with a Customer.
6. Force Majeure means any Act of God, any natural disaster, adverse weather conditions, earthquake, disease, epidemic, pandemic, plague, quarantine restrictions, war, terrorism, riot, civil commotion, strike, industrial action, trade or economic sanctions, or any other circumstance beyond a person’s reasonable control.
7. Goods means any property including live animals as well as containers, pallets or similar articles of transport or packaging not supplied by the Freight Forwarder.
8. In writing includes written information generated, sent, received or stored by electronic, magnetic, optical or similar means, including, but not limited to, electronic data interchange, telegram, telex, telefax or electronic mail, if the information is accessible so as to be usable for subsequent reference.
9. Mandatory Law means any statutory law the provisions of which cannot be departed from by contractual stipulations to the detriment of the Customer.
10. SDR means a Special Drawing Right as defined by the International Monetary Fund.
SERVICE
The Freight Forwarder may elect to perform all or any part of the Freight Forwarding Services, alternatively, it may procure the services of any third parties to perform the said services subject to the terms and conditions contained herein.
INSURANCE
1. The Customer is required to procure the relevant insurance on their own and at their own costs with waiver of subrogation against the Freight Forwarder. No insurance will be effected by the Freight Forwarder, except upon express instructions given in writing by the Customer. All insurances effected are subject to the exceptions terms and conditions of the insurance policies underwritten by the Insurance Company .
2. Unless otherwise agreed in writing the Freight Forwarder shall not be under any obligation to effect a separate insurance on each consignment, but may declare it on any open or general Policy held by the Freight Forwarder.
3. In the event that the Customer instructs the Freight Forwarder to procure insurance on its behalf, the Freight Forwarder shall endeavour to procure any related and/or relevant insurance in respect of the risk. Insofar as the Freight Forwarder agrees to arrange insurance, the Freight Forwarder acts solely as agent for and on behalf of the Customer.
4. In the event that any insurer disputes its liability in terms of any insurance policy in respect of any Goods, the Customer concerned shall have recourse against such insurer only and not against the Freight Forwarder.
TRANSPORT DOCUMENTS
The Freight Forwarder shall be entitled to issue, in respect of the whole or part of any contract for the movement of Goods, a bill of lading (combined transport, through transport, port-to- port) or waybill (seafreight or airfreight). Where a bill of lading or waybill has been issued, these trading terms and conditions shall continue to apply except insofar as they conflict with the trading terms and conditions of the bill of lading or waybill concerned. The Freight Forwarder is entitled to charge an additional fee for issuing a bill of lading or waybill.
DEAD FREIGHT
1. The Customer shall be liable for the full cost of any services rendered and/or disbursements, expenses, damages, cancellation fees, fines or penalties incurred by the Freight Forwarder in respect of:
  1. any dead freight as a result of a booking cancelled or any late amendment of a booking by the Customer;
  2. Goods which are loaded on board a vessel, irrespective of whether the vessel sails or if the Goods are, or must be, transhipped; or
  3. Goods which are placed at the Freight Forwarder’s disposal but, for whatever reason, are not loaded for carriage.
  4. any discrepancy between a verified gross mass of a packed container obtained prior to the container’s delivery to the port terminal facility and a verified gross mass of the container obtained by that port facility’s weighing of the container;
SOLAS CONVENTION [The International Convention for the Safety of Life at Sea]
1. In circumstances where the Customer or the Customer’s agent is the named shipper(for the purposes of this clause 7, referred to as “the Named Shipper”) in any Sea Transport Document, in respect of the carriage of the Goods and the Freight Forwarder’s Services to the Customer do not include the weighing of the Goods by the Freight Forwarder, the Named Shipper shall strictly comply with the SOLAS Guidelines, and, where applicable, the SOLAS Regulations, as amended, and shall timeously provide the Freight Forwarder with a Written Declaration specifying the verified gross mass of the packed container.
2. In circumstances where either the Customer or the Freight Forwarder weighs the Goods to obtain the verified gross mass of the packed container, the Customer shall have no claim of any nature whatsoever against the Freight Forwarder as a result of or relating to, inter alia:
  1. the container(s) not being loaded onto a vessel due to the Master of the vessel in respect of which the Goods are to be carried, the terminal representative, the country’s Maritime Safety Authority, or any other entity having the requisite authority to determine compliance with the SOLAS Guidelines, determines that the SOLAS Guidelines have not been complied with;
  2. the late delivery of a Written Declaration specifying the verified gross mass of the packed container to the Freight Forwarder;
  3. any discrepancy between a verified gross mass of a packed container obtained prior to the container’s delivery to the port terminal facility and a verified gross mass of the container obtained by that port facility’s weighing of the container;
  4. any penalty, fine, cost or other expense being incurred by the Customer in circumstances where the terminal representative, the country’s Maritime Safety Authority, or any other entity having the requisite authority to determine compliance with the SOLAS Guidelines, determines that the SOLAS Guidelines have not been complied with.
3. The Customer, whether or not it is the Named Shipper, indemnifies and holds the Freight Forwarder harmless against all liability, damages, costs, penalties, fines and expenses whatsoever incurred or suffered by the Freight Forwarder (including but not limited to demurrage, detention and storage fees) relating to the Goods, as well as any consequential loss or damages associated with the revocation of the Freight Forwarder’s accreditation under the SOLAS Guidelines, arising directly or indirectly from or in connection with the Customer (or the Named Shipper in circumstances where the Customer and the Named Shipper are not the same person) failing to adhere to the provisions of the SOLAS Guidelines to the satisfaction of the Master of the vessel in respect of which the Goods are to be carried, or the terminal representative, or the country’s Maritime Safety Authority, or any other entity having the requisite authority to determine compliance with the SOLAS Guidelines.
4. The Freight Forwarder shall be entitled to raise its usual agency or disbursement fee in circumstances where the Customer’s non-compliance with the SOLAS Guidelines or SOLAS Regulations result in inter alia fees, charges, fines, expenses or penalties being incurred and paid by the Freight Forwarder on behalf of the Customer.
HINDRANCES
1. If at any time the Freight Forwarder’s performance is or is likely to be affected by any hindrance or risk of any kind (including the condition of the Goods) not arising from any fault or neglect of the Freight Forwarder and which cannot be avoided by the exercise of reasonable endeavours or due diligence, the Freight Forwarder may abandon the carriage of the Goods under the respective contract and, where reasonably possible, make the Goods or any part of them available to the Customer at a place which the Freight Forwarder may deem safe and convenient, whereupon delivery shall be deemed to have been made, and the responsibility of the Freight Forwarder in respect of such Goods shall cease.
2. In any event, the Freight Forwarder shall be entitled to the agreed remuneration under the contract and the Customer shall pay any additional costs resulting from the above- mentioned circumstances.
METHOD AND ROUTE OF TRANSPORTATION
1. The Freight Forwarder shall carry out their services according to the Customer’s instructions as agreed, in writing. If the instructions are inaccurate or incomplete or not according to the contract, the Freight Forwarder may, at the risk and expense of the Customer, act as they deems fit.
2. Unless otherwise agreed in writing, the Freight Forwarder may without notice to the Customer arrange to carry the Goods on or under deck.
3. Unless otherwise agreed in writing, the Freight Forwarder may, upon reasonable efforts to inform the Customer, choose or substitute the means, route and procedure to be followed in the handling, stowage, storage and transportation of the Goods.
PART II. THE FREIGHT FORWARDER’S LIABILITY
THE FREIGHT FORWARDER’S LIABILITY (EXCEPT AS PRINCIPAL)
1. Basis of liability
  1. The Freight Forwarder’s duty of care
    The Freight Forwarder shall at all times exercise due diligence and take reasonable measures in the performance of the Freight Forwarding Services, and in the event that the Freight Forwarder is found legally liable and subject to clause 12, any compensation to the Customer for loss of or damage to the Goods will be subject to the limitation of liability in accordance with the applicable laws and conventions affecting the stage of the carriage and/or contract. The Freight Forwarder shall in no event be liable for loss of profits and/or financial/economic loss of whatsoever nature.
  2. No liability for third parties
    The Freight Forwarder is not liable for acts and omissions of whatsoever nature by third parties, such as, but not limited to, Carriers, warehousemen, stevedores, port authorities and other freight forwarders.
2. The Freight Forwarder’s liability as principal
  1. The Freight Forwarder’s liability as Carrier
    a. The Freight Forwarder is subject to liability as principal when they perform the carriage themselves with their own means of transport (performing Carrier), and by issuing their own transport document. .
    b. The Freight Forwarder shall not be liable as Carrier if the Customer has received a transport document issued by a person other than the Freight Forwarder acting as an agent for the Carrier.
  2. The Freight Forwarder’s liability as principal for other services With respect to services other than the carriage of Goods such as, but not limited to, storage, handling, packing or distribution of the Goods, as well as ancillary services in connection therewith, the Freight Forwarder shall be liable as principal:
    a. when such services have been performed by themselves using thier own facilities or employees; or
    b. if an authorised director of the Freight Forwarder has made an express undertaking, in writing, to assume liability as principal.
  3. The basis of the Freight Forwarder’s liability as principal
    If the Freight Forwarder is liable as principal, they shall, subject to clause 12, be responsible and liable for the acts and omissions of third-parties they had engaged for the performance of the contract of carriage or other services in the same manner as if such acts and omissions were their own and their rights and duties shall be subject to the provisions of the law and Convention applicable to the mode of transport or service concerned, as well as the additional conditions, exclusions and limits of liability expressly agreed by the Third party in the performance of the contract of carriage. .
EXCLUSIONS, ASSESSMENT, AND MONETARY LIMITS OF LIABILITY
1. Exclusions
2. The Freight Forwarder shall in no event be liable for:
  1. Valuables or Dangerous Goods unless the nature and value of the goods are declared as such to the Freight Forwarder prior to the Goods having been delivered into the actual custody of the Freight Forwarder or at the time of the conclusion of the contract, whichever is earlier;
  2. loss resulting from delay unless expressly agreed in writing;
  3. indirect or consequential loss such as, but not limited to, loss of profit and loss of market;
  4. loss of or damage to the goods due to inherent defect of the Goods;
  5. acts or omissions of the Customer, its agents or any third party that the Customer employs;
  6. improper, insufficient packing or marking of the Goods, unless the Freight Forwarder is liable as principal for such services.
3. Assessment of compensation
  Unless ad valorem freight charges are paid, the value of the Goods shall be determined according to the current commodity exchange price, current market price whichever is applicable. In any event the limitation of liability for compensation will be applicable.
4. Monetary limits
  1. Loss of or damage to the Goods
    Notwithstanding the provisions of clause 11.2.3, the Freight Forwarder shall not be or become liable for any loss of or damage to the Goods in an amount exceeding the total amount of 666.67 SDR per package or 2 SDR per kilogram of the Goods damaged or lost unless a larger amount is recovered from a person for whom the Freight Forwarder is responsible. If the Goods have not been delivered within ninety consecutive days after the date when the Goods ought to have been delivered, the Customer may, in the absence of evidence to the contrary, treat the Goods as lost.
  2. Limitation of liability for delay
    The Freight Forwarder is not liable for loss due to delay and in any event if found liable, the limitation of liability will be applicable to the applicable mode of transport undertaken.
  3. Other type of loss
    Notwithstanding the provisions of clause 11.2.3, the Freight Forwarder’s liability for any type of loss not mentioned in clauses 12.4.1 and 12.4.2 shall not exceed the total amount of 17,500 SDR for each incident unless a larger amount is received from a person for whom the Freight Forwarders is responsible.
  4. In the event that the Customer requests that the liability of the Freight Forwarder should not be governed by the limits in these trading terms and conditions, then written notice thereof must be given to and received by the Freight Forwarder 5 (five) business days before any Goods or documents are entrusted to or delivered into the control of the Freight Forwarder, together with a statement of the value of the Goods.
  5. Upon receipt of any such notice, the Freight Forwarder, represented by a duly authorised director, may in its sole and absolute discretion agree in writing to its liability being increased to a maximum sum equivalent to the sum stated in the notice, in which case it shall be entitled to effect special insurance to cover its maximum liability and the party giving the notice shall be deemed, by so doing, to have agreed and undertaken to pay the Freight Forwarder the sum of the premium payable by the Freight Forwarder for such insurance. If the Freight Forwarder does not so agree, the normal limits contained in these trading terms and conditions shall apply.
NOTICE OF DAMAGE OR LOSS
1. Unless notice of loss of or damage to the Goods, specifying the general nature of such loss or damage is given in writing to the Freight Forwarder by the owners of the goods and/or persons entitled to receive the Goods when they are handed over to him, such handing over is prima facie evidence of the delivery of the Goods in good order and condition.
2. Where such loss or damage is not apparent, the same prima facie effect shall apply if notice in writing is not given within 7 calendar days after the day when the Goods were handed over to the person entitled to receive them.
3. With respect to all other loss or damage, any claim by the Customer against the Freight Forwarder arising in respect of any service provided for the Customer o-f which the Freight Forwarder has undertaken to provide shall be made in writing and notified to the Freight Forwarder within 14 calendar days of the date upon which the Customer became or should have become aware of any event or occurrence alleged to give rise to such claim.
4. Any claim not made and notified as aforesaid shall be deemed to be waived and absolutely barred except where the Customer can show that it was impossible for him to comply with this time limit and that he has made the claim as soon as it was reasonably possible for him to do so subject to the time bar set out in the releveant Convention and statutory enactments.
TIME BAR
1. The Freight Forwarder shall be discharged of all liability unless suit is brought within 9 calendar months after the delivery of the Goods, or the date when the Goods should have been delivered, or the date when failure to deliver the Goods would give the consignee the right to treat the Goods as lost. The Freight Forwarder may, on written request by the Customer and if agreed to by the Freight Forwarder, extend such period in writing.
2. With respect to any other loss other than loss of or damage to the Goods, the 9 months period shall be calculated from the time when the failure of the Freight Forwarder giving right to the claim occurred.
APPLICABILITY TO ACTIONS IN DELICT OR OTHERWISE
With respect to any other loss other than loss of or damage to the Goods, the 9 months period shall be calculated from the time when the failure of the Freight Forwarder giving right to the claim occurred.
LIABILITY OF SERVANTS AND OTHER PERSONS
These standard trading terms and conditions apply whenever any claim is made against a servant, agent or other person the Freight Forwarder engaged for the performance of the Freight Forwarding Service (including any independent contractor) whether such claims are founded in contract, delict or otherwise, and the aggregate liability of the Freight Forwarder and such servants, agents or other persons shall not exceed the limit applicable to the service concerned as expressly agreed between the Freight Forwarder and the Customer or following from these standard trading terms and conditions.
PART III. THE CUSTOMER’S OBLIGATIONS AND LIABILITY
UNFORESEEN CIRCUMSTANCES
In the event that the Freight Forwarder, in case of unforeseen circumstances, acts in the best interest of the Customer and extra costs and charges are incurred, the Customer will be liable for these extra costs and charges.
PAYMENT
1. Unless otherwise specifically agreed by the Freight Forwarder in writing, the Customer shall pay to the Freight Forwarder in cash, by way of electronic funds transfer, immediately upon presentation of an invoice, all sums due to the Freight Forwarder without deduction or set-off and payment shall not be withheld or deferred on account of any counterclaim or non-performance which the Customer may allege.
2. In the event that the Customer has not paid the entire sum due by the due day, then the entire sum in respect of all Freight Forwarding Services rendered by the Freight Forwarder to the Customer and funds disbursed by the Freight Forwarder on behalf of the Customer (whether or not these funds are related to the transaction in respect of which the Customer has defaulted), shall become immediately due, owing and payable to the Freight Forwarder.
3. In addition, the Customer shall be liable for the payment of interest, calculated daily and compounded monthly at the prime rate of interest plus 2%, in respect of all such sums.
4. In the event of the Customer breaching any of its obligations and/or failing to timeously make payment of any sum to the Freight Forwarder, the Customer agrees to pay, and shall be liable to pay, all legal costs on the attorney and own client scale, including collection charges and tracing agents fee incurred by the Freight Forwarder in recovering any such sum from the Customer.
5. The Freight Forwarder may in its sole discretion appropriate any payments made by the Customer to any principal debt owed by the Customer to the Freight Forwarder, irrespective of when it arose, or to interest only, or to legal or other costs, or to any such combination of principal debt, interest and costs as it may in its sole discretion determine, irrespective of any purported allocation or appropriation being made by the Customer at the time of payment or at any other time.
6. A certificate of balance signed by the Freight Forwarder’s Chief Executive Officer or Chief Financial Officer stating the indebtedness of the Customer to the Freight Forwarder or certifying that certain services were rendered and/or funds disbursed and/or Goods delivered, shall be prima facie evidence of the Customer’s indebtedness to the Freight Forwarder or of the rendering of such services, disbursement of such funds or delivery of such Goods.
7. The Freight Forwarder may, at any time, withdraw any credit facilities afforded to the Customer without prior notice and the nature and extent of such facilities shall at all times be at the Freight Forwarder’s sole discretion, and the entire sum owed to the Freight Forwarder at the time of such withdrawal shall immediately become due, owing and payable to the Freight Forwarder.
8. If any Customer acted as agent on behalf of another party, and that other party fails to pay any sums due to the Freight Forwarder, the Freight Forwarder may recover such sums directly from the Customer and the Customer agrees to pay such sums on demand.
9. The Freight Forwarder shall under no circumstances be precluded from raising a debit and obtaining payment in respect of any fee or disbursements due to it notwithstanding that a previous debit or debits, whether excluding or partly excluding the items subsequently requiring to be charged or recovered, had been raised and whether or not any notice had been given that further debits were to follow.
PART IV. GENERAL PROVISIONS
LIEN AND PLEDGE
1. All Goods and documents relating to the Goods, including but not limited to, bills of lading, waybills (whether seafreight or airfreight) and import permits as well as all refunds, repayments, claims and other recoveries shall be subject to a special and general lien and pledge, either for sums due in respect of such Goods or for other sums due to the Freight Forwarder from the Customer, sender, Owner, consignee, importer or the holder of the bill of lading or their agents, if any.
2. If any sums due to the Freight Forwarder are not paid within 7 calendar days after notice has been given to the person from whom the sums are due that such Goods or documents are being detained, they may be sold by auction or by private treaty without further notice to the Customer, Owner or consignee, at the sole discretion of the Freight Forwarder and at the expense of such person and the net proceeds will be applied towards the satisfaction of such indebtedness.
FORCE MAJEURE
1. If either Party is prevented or restricted from carrying out all or any of its obligations under these terms and conditions by a Force Majeure event, the Party so affected shall, to the extent so prevented, be relieved of its obligations hereunder (excluding payment obligations) during the period of such event, provided always that written notice of the occurrence constituting the Force Majeure event is given by the affected Party within 2 (two) business days of knowledge of the Force Majeure event.
2. The Freight Forwarder shall not be liable for any delay, any failure in the performance of the Freight Forwarding Services or any rate increase if and to the extent that such delay, failure or rate increase is caused by a Force Majeure event,
3. The Customer shall reimburse the Freight Forwarder for any increase in costs actually incurred by the Freight Forwarder as a result of a Force Majeure event, alternatively, for any increase in costs in excess of such percentage as determined by the Freight Forwarder in its sole discretion, relating to resources and/or any activity supporting the Freight Forwarding Services, such as but not limited to, delays, changes, the promulgation of new laws, regulations or directives, reductions in capacity, cancellations or any other type of disruption in the supply chain not known to the Freight Forward at the conclusion of these terms and conditions.
4. The Parties agree that should the Force Majeure event last more than 2 (two) consecutive calendar months, the person which has not invoked Force Majeure to excuse any non- performance of its obligations may terminate these terms and conditions by giving written notice to the other party.
NON-VARIATION
1. No variation of these trading terms and conditions, including this clause, shall be binding on the Freight Forwarder unless it is in writing and signed by a duly authorised director of the Freight Forwarder, which director must have the actual authority to vary these terms and conditions.
2. Any purported variation or alteration of these trading terms and conditions otherwise than described above shall be of no force and effect.
NON-WAIVER
No extension of time or waiver or relaxation of any of these trading terms and conditions shall operate as an estoppel against the Freight Forwarder or the Customer in respect of its rights under these trading terms and conditions and shall not preclude the Freight Forwarder or the Customer from thereafter exercising its rights strictly in accordance with these trading terms and conditions
LAW AND JURISDICTION
1. These trading terms and conditions and all agreements entered into between the Freight Forwarder and the Customer pursuant thereto shall be governed by and construed in accordance with the laws of Hong Kong.
2. The Customer hereby consents to the non-exclusive jurisdiction of the High Court of Hong Kong, exercising its Admiralty Jurisdiction.
DOMICILIUM AND NOTICES
1. The Customer’s physical address as set out in the business application form or, failing which, on the Customer’s most recently reviewed letterhead or, failing which, the Customer’s registered or physical address, shall constitute the Customer’s domicilium citandi et executandi for all purposes in connection with these trading terms and conditions and any agreement entered into by the Customer and the Freight Forwarder, unless the Customer provides an alternative domicilium by written notice to the Freight Forwarder.
2. Notices given to the above addresses or by electronic mail to the correct electronic mail address shall be deemed to have been duly given:
  1. on delivery, if delivered by hand; or
  2. on dispatch, if sent by electronic mail.
OWNER’S RISK
All handling, packing, loading, unloading, warehousing and transporting of Goods by or on behalf of or at the request of the Freight Forwarder are carried out at the sole risk of the Customer and/or Owner, and the Customer indemnifies the Freight Forwarder accordingly.
SPECIAL CONDITIONS RELATING TO ELECTRONIC DATA
1. Notwithstanding the provisions of any legislation or other law regulating electronic communications and transactions, the Freight Forwarder shall only be deemed to have received electronic data and/or messages when such electronic data and/or messages have been retrieved, processed and read by the addressee.
2. Under no circumstances whatsoever (including negligence on the part of the Freight Forwarder or its employees) shall the Freight Forwarder be liable for any loss or damage arising from or consequent upon the provision by the Freight Forwarder to the Customer, in whatever manner and/or form, of incorrect information, including electronically communicated information or data, where such incorrect information or data has by been generated by and provided to the Freight Forwarder by any person with whom the Freight Forwarder conducts business, and/or any other third party.
3. 3 The Freight Forwarder shall furthermore under no circumstances whatsoever be liable for any loss or damage arising from or consequent upon any failure and/or malfunction, for whatever reason, and regardless of negligence in whatever degree on the part of the Freight Forwarder, of the Freight Forwarder’s computer systems and/or software programs provided and/or operated by the Freight Forwarder and/or by any person with whom the Freight Forwarder conducts business, and/or any third party, and which systems shall include the Freight Forwarder’s electronic automated information service provided to its Customers.
PROTECTION OF PERSONAL INFORMATION ACT 4 of 2013
The Freight Forwarder and the Customer will ensure that they have due regard to generally accepted information security practices and procedures which may apply to them, in terms of the The Personal Data (Privacy) Ordinance (the “PDPO”) or any applicable law and will implement reasonable measures to secure the data and personal information hosted by them
APPLICABILITY TO ACTIONS IN DELICT OR OTHERWISE
These terms and conditions apply to:
1. All claims against the Freight Forwarder whether the claim be founded in contract, delict or otherwise.
2. All claims that are made against a servant, agent or other person engaged for the performance of the Freight Forwarding Services (including any independent contractor), whether such claims are founded in contract, delict or otherwise, and the aggregate liability of the Freight Forwarder and such servants, agents or other persons shall not exceed the monetary limits set forth herein or as expressly agreed between the Freight Forwarder and the Customer.
INFORMATION
The Customer shall be deemed to have guaranteed to the Freight Forwarder, at the time the Goods were taken in charge by the Freight Forwarder, of the accuracy of all particulars relating to the general nature of the Goods, their marks, number, weight, volume and quantity and, if applicable, to the dangerous character of the Goods, as furnished by him or on his behalf.
DUTY OF INDEMNIFICATION
1. General duty of indemnification
  Except to the extent that the Freight Forwarder is liable according to the provisions of Part II, the Customer shall indemnify the Freight Forwarder for all liability howsoever incurred in the performance of the Freight Forwarding Services.
2. Duty of indemnification in respect of General Average
  The Customer shall indemnify and hold the Freight Forwarder harmless in respect of any claims of a General Average nature which may be made on him and shall provide such security as may be required by the Freight Forwarder in this regard.
The Customer’s liability
The Customer shall indemnify and hold the Freight Forwarder harmless for all loss or damage, penalties, fines, costs, expenses and official charges incurred resulting from the Customer’s inaccurate or incomplete information or instructions; or the handing over by the Customer (or any person acting on his behalf) to the Freight Forwarder (or to any other person to whom the Freight Forwarder may become liable), of Goods having caused death or personal injury, damage to property, environmental damage or any other type of loss.