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Terms & Conditions

General Conditions of Transport

For services rendered by CRSS for and on behalf of the Customer where such Services are not covered by bills of lading, air or sea waybills or any other contract for carriage or for any other Services to the Goods.

1. Definitions

CONGO RIVER SHIPPING SERVICES (hereinafter "CRSS") means CRSS or its subsidiaries and associated companies except in those instances where such affiliates and/or subsidiaries are acting on their own behalf.
"Customer" means any person to whom CRSS provides any Services and shall include the owner of the Goods and any person who may acquire an interest in the Goods.
"Person" includes individuals, groups, companies or any other legal entity.
"Owner" means the Owner of the Goods to which CRSS provides any Services and any other person who has or may acquire an interest in them.
"Goods" means all or any part of the Goods (including any packaging, containers or equipment supplied by the Customers, which are the subject of any Services.
"Services" means all or any business undertaken by CRSS for the Customer including the provision of transportation, storage advice, information or any services whatsoever.

2. Application

Except as provided below, any Services provided by CRSS, whether gratuitous or otherwise shall be subject to these conditions.
Exceptions - the provisions herein shall not apply:
(A) When the Services provided herein are already covered by the terms and conditions of bills of lading, air or sea waybills or any other contract for carriage or any other Services to the Goods.
(B) If any conditions contained herein are contrary to any mandatory applicable law relating to the Services undertaken by CRSS or behalf of the Customer.
(C) When the Services being performed by a subsidiary or affiliate of CRSS are being performed by such affiliate or subsidiary on its own behalf in which event local law or subsequent subsidiaries or affiliates own business conditions applicable to the Services being performed will be applied.
(D) In the event of any inconsistency between the conditions contained herein and local law. To the extent of any such inconsistency, mandatory local law will be applicable but no further.

3. CRSS as agent

(A)Unless agreed in writing between the Customer and CRSS prior to the performance of any Services contained herein, and unless agreed in writing to the contrary, the Customer hereby agrees that CRSS in obtaining the Services provided for herein shall at all times be acting as Agent for the Customer. The agreement between CRSS and the Customer of a price for the Services shall not affect CRSS's role as Agent in providing the Services herein. (B) When acting as Agent for the Customer, CRSS does not make or purport to make any contract with the Customer for the carriage, storage, packing or handling of any Goods nor for any other physical Service in relation to the Goods and CRSS acts solely on behalf of the Customer in securing Services by establishing contracts with third parties so that direct contractual relationships are established between the Customer and such third parties. (C) To the extent that CRSS in accordance with these conditions, is acting as Agent on behalf of the Customer, CRSS shall be entitled and the Customer hereby expressly authorises, CRSS to enter into agreements on behalf of the Customer i. For the carriage of Goods by any other route or means or person; ii. For the storage, packing, transhipment, loading, unloading or handling of the Goods by any person and any place for any length of time;

4. Reservations

CRSS reserves to itself, whether it is acting as Agent or principal, a reasonable liberty as to the means, route and procedure to be followed in the handling, storage and transportation of the Goods pursuant to these conditions.

5. CRSS's liability as agent

CRSS shall have no liability whatsoever for loss or damage to the Goods when it is acting as Agent for the Customer except where such loss or damage is caused by the gross negligence or willful misconduct of CRSS. In no event whatsoever shall CRSS be liable for any delay in delivery of the Goods and CRSS makes no guaranty as to deliveries of the Goods which are performed by third parties.

6. Lien

CRSS, whether acting as Agent or principal, shall have a general lien on all Goods and any documents relating to Goods in its possession, custody or control for all sums due at any time from the Customer and shall be entitled to sell or dispose of such Goods or documents as Agent for and at the expense of the Customer. CRSS is authorized to apply the proceeds in or towards the payment of such sums on 28 days notice in writing to the Customer. Upon accounting to the Customer for any balance remaining after payment of any sum due to CRSS and the cost of sale or disposal, CRSS shall be discharged of any liability whatsoever in respect to the Goods or documents.

7. Perishable goods

When the Goods are liable to perish or deteriorate, CRSS whether acting as Agent or principal, has the right to sell or dispose of the Goods and this right shall arise immediately upon any sum becoming due to CRSS subject only to CRSS's taking reasonable steps beforehand to bring to the Customers attention its intention of selling or disposing of the Goods.

8. Failure to take delivery

(A) Where the Customer fails to take delivery of the Goods, or any part thereof, at the time and place specified by CRSS, then CRSS shall be entitled to store the Goods, or any part thereof, at the sole risk of the Customer and the liability of CRSS in respect of the Goods, or that part thereof stored as aforesaid, shall wholly cease and the cost of such storage shall forthwith upon demand be paid by the Customer to CRSS.
(B) Where the Goods have been held by CRSS for 90 days or more and cannot be delivered as instructed; CRSS shall be entitled at the expense of the Customer to dispose of the Goods by sale or otherwise as may be reasonable on 28 days written notice to the Customer, or where the Customer cannot be located then to any party who may reasonably be supposed by CRSS to have any interest in the Goods. (C) Without prior notice CRSS shall be entitled at the expense of the Customer to dispose of the Goods by sale or otherwise as may be reasonable if the Goods have perished, deteriorated or been altered or are in immediate danger thereof or where such conditions may reasonably be expected to cause loss or damage to third parties or may be deemed to contravene any applicable law or regulation.

9. Insurance

CRSS shall be under no responsibility whatsoever to obtain insurance coverage for the Customer in regard to the Goods for any services performed pursuant to this agreement. Notwithstanding the foregoing, in the event CRSS agrees to arrange insurance, CRSS shall act only as Agent for the Customer using its best endeavors to arrange such insurance and does so subject to the limits of liability contained in clause 17 infra.

10. Prohibited goods

Except under special arrangements previously made in writing, CRSS will not provide services to any Goods consisting of bullion, coins, precious stones, jewelry, valuables, antiques, pictures, human remains, live stock or plants. Where such Goods are delivered to CRSS without special arrangements being made, CRSS shall be under no liability whatsoever for or in connection with such Goods.

11. Dangerous goods

Except under special arrangements previously made in writing, CRSS will not accept or deal with Goods of a dangerous or damaging nature, nor with Goods likely to harbor or encourage vermin or other pests, nor with Goods liable to taint or effect other Goods. If such Goods are accepted pursuant to a special arrangement and if in the opinion of CRSS they constitute a risk to other Goods, property, life or health, CRSS shall, where reasonably practicable, contact the Customer, but further reserves the right at the expense of the Customer to remove or otherwise deal with the Goods.

12. Declared value

Where there is a choice of rates according to the extent or degree of liability assumed by carriers, warehousemen or others, no declaration of value in regard to the services provided herein will be made by the Customer except under special arrangements previously made in writing with CRSS.

13. Customer warrantees

The Customer warrants:
(A) That the description and particulars of any Goods furnished by or on behalf of the Customer are complete and accurate.
(B) That the Goods have been properly and sufficiently prepared, packed, stowed, labeled and/or marked, in a manner appropriate to the Services that are being provided to the Goods.
(C) That where CRSS receives the Goods from the Customer already stowed in or on a container, trailer, tank, or any other device specifically constructed for the carriage of Goods by land, sea or air such equipment shall be in good condition and suitable for the performance of the Services provided herein.

14. Indemnity

The Customer shall indemnify CRSS :
(A) Against all penalties, claims, damages, costs and expenses which may arise as a result of the Customer delivering to CRSS , or causing CRSS to deal with or handle, Goods of a dangerous or damaging nature, or Goods likely to harbor or encourage vermin or other pests or Goods liable to taint or affect other Goods, which Goods are not the subject of special arrangements as per Clauses 10/11 above and CRSS further reserves the right to deal with such Goods in any manner as CRSS or any person in whose custody they may be at any relevant time shall think fit.
(B) Against all liability, loss damage, costs and expenses whatsoever (including but not limited to all duties, taxes, imposts, levies, deposits, penalties and outlays of whatsoever nature levied by any authority in relation to the Goods which arise out of CRSS's acting in accordance with the Customer's instructions or arising from any breach by the Customer of any warranty contained herein or from any breach by the Customer of any warranty contained herein or from any negligence of the Customer, its employees, agents or subcontractors. (C) Any liability that may be incurred by CRSS as a result of its carrying out Customer instructions.

15. Payment for services

The Customer shall pay to CRSS in cash or as otherwise agreed all sums which are due without reduction, deferment of set-off on account of any claim, counterclaim, etc. The Customer shall be liable to pay CRSS interest). Failure by CRSS to collect freight, duties, charges or other expenses from the consignee or any other person shall not release the Customer of its obligation to pay for such services, duties, charges or expenses on receipt of evidence of proper demand. If for any reason a liability for general average arises in connection with the Goods the Customer shall promptly provide security to CRSS or to any other party designated by CRSS in a form acceptable to CRSS.

16. Obligation as a principal

When, and to the extent that CRSS has contracted as principal for the performance any services, CRSS undertakes in its own name to procure the performance of the services provided herein. CRSS shall subject to the conditions set forth herein, be liable for any loss of or damage to the Goods taken into its charge which occur between the time when it takes the Goods into its charge and the time when CRSS is entitled to call upon the Customer, consignee or owner to take delivery of the Goods. In no event whatsoever shall CRSS be responsible for delay in delivery of the Goods unless it has agreed in writing to a specific delivery date.

17. Liability and limitation

(A) CRSS shall be relieved of liability for any loss or damage if and to the extent that such loss or damage is caused by: i. Strike lockout, stoppage or restraint of labor, storm, earthquake, natural disaster, acts of God, blockade, ice, civil commotion, restraints, or any other cause the consequences of which CRSS is unable to avoid by the exercise of reasonable diligence. ii. Any cause or event which CRSS is unable to avoid and the consequences whereof CRSS is unable to prevent by the exercise of reasonable diligence. (B) Subject to clauses 2 B), 2 D) and 5 above and Sub-Clause 19 below CRSS 's liability for claims for loss or damage to the Goods whatsoever arising, not withstanding that the cause of loss or damage is unexplained, shall not exceed the lesser of: i. The value of any Goods lost or damaged, or ii. a sum at the rate of two Special Drawing Rights (2 SDR´s) as defined by the International Monetary Fund per kilo of gross weight of any Goods lost or damaged, or (C) In the case of all other claims CRSS 's liability shall not exceed the lesser of i. the value of the Goods for which the services pursuant to this agreement have been provided, or ii. a sum at the rate of two SDR's per kilo of the gross weight of the Goods which are the subject of Services provided herein, or iii. 75,000 SDR`s in respect of any one transaction. For the purposes of these conditions the value of the Goods shall be their value when they were or should have been shipped and the value of SDR`s shall be calculated as of the date when the claim is received by CRSS in writing. Notwithstanding anything else to the contrary contained herein, if CRSS shall be found liable for loss or damage as a result of its failure to deliver or arrange delivery of Goods in a reasonable time where, pursuant to clause 16 supra., CRSS has entered into a special arrangement with the Customer then CRSS's maximum liability for such loss or damage shall not exceed a sum equal to twice the amount of CRSS's charges in respect to the relevant transaction.

18. No consequential damages

CRSS shall not in any circumstances whatsoever be liable for indirect or consequential loss such as, but not limited to, loss of profits, loss of market or the consequences of delay or deviation howsoever caused.

19. Notice of claim

Notice of any claim made pursuant to this agreement must be made in writing and notified to CRSS within 14 days of the date upon which the Customer became or should have become aware of the event or occurrence which give rise to the claim. Failure to make claim within 14 days shall be deemed to be a waiver of such claim and any such claim shall be absolutely barred.

20. Time bar

Notwithstanding anything contained herein CRSS shall in any event be discharged from all liability whatsoever and howsoever arising in respect of any service provided to the Customer or for which CRSS has undertaken to provide unless such suit or action is brought and written notice thereof given to CRSS within nine months from the date of the event or occurrence giving rise to the cause of action against CRSS .

21. Separability

The terms herein shall be separable and if any provision hereof or any part of any provision, is invalid or unenforceable under local law then any such invalidity, prohibition or lack of enforceability shall not affect the validity or enforceability of any other provision or part thereof contained herein.

22. Jurisdiction and law

These Conditions shall be subject to the US Law and any dispute arising out of this agreement to which these conditions apply shall be subject to the exclusive jurisdiction of the Courts of the United States of America. In case CRSS intends to sue the Customer CRSS has also the option to file a suit at the Customer's place of business.