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P&O Ferries Freight Terms & Conditions of Carriage

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P&O FERRIES FREIGHT TERMS & CONDITIONS OF CARRIAGE 1. DEFINITIONS Except where expressly provided otherwise and/or where the context “vehicle” means any commercial vehicle which rolls or is capable necessarily requires otherwise, the following definitions apply in these of being towed, including the tractor or trailer alone, whether conditions - accompanied or not by a driver, and all containers, pallets, and other means of carriage, as well as the goods which are placed or contained “cargo” means the contents of a Unit; therein; “the Carrier” means either (i) P&O Short Sea Ferries Limited, if the “vessel” means any vessel owned or operated by the Carrier for the Shipper is using the Dover Services; (ii) P&O North Sea Ferries Limited, carriage of goods by sea; if the Shipper is using the North Sea services; (iii) P&O European Ferries (Irish Sea) Limited, if the Shipper is using the Irish Sea services; “the Dover services” means the services of the Carrier between Dover or (iv) P&O Ferries Thames Limited, if the Shipper is using the and Calais or any other routes across or around the English Channel Thames services; or alternatively the owner, charterer, manager or that may be operated by the Carrier; other operator of a vessel, together with (in each case) the Carrier’s employees, agents, independent contractors and sub-contractors “the North Sea services” means the services of the Carrier between (including stevedores); Hull/Teesport/ Rotterdam/Zeebrugge or any other routes across or around the North Sea that may be operated by the Carrier; “the Consignee” means any person designated and authorised by the Shipper to take delivery of the goods; “the Irish Sea services” means the services of the Carrier between Dublin/Liverpool/Larne/Cairnryan or any other routes across or around “dangerous cargo” means those materials and substances designated the Irish Sea that may be operated by the Carrier; as dangerous by the rules of the International Maritime Organisation and by any other legislation and regulations applicable in the United “the Thames Services” means the services of the Carrier between Kingdom, France, Holland, Eire and Belgium in force from time to Tilbury and Zeebrugge or any other routes from the Thames area that time, but does not include petrol, diesel oil or other fuel present in may be operated by the Carrier; reasonable quantities in the fuel tanks of vehicles; 2. THE CONTRACT “financial consequences” means any and all liabilities, damages, 2.1 The contract is made on the terms of these conditions between costs (including legal costs), expenses, charges, fines, penalties and the Carrier and the Shipper for the shipment of units by the Carrier. other monetary payments which the Carrier may incur or otherwise be obliged by way of contract or tort and as ordered by any 2.2 No person other than a director of the Carrier is authorised to competent court to pay to any party whatsoever; waive or vary any provision of these conditions and any such waiver or variation shall not be effective unless and until issued in writing and “freight” means all charges due to the Carrier for or in connection signed by the Parties. with a shipment, including any associated charges and expenses and/ or any storage charges and expenses incurred by the Carrier prior to 2.3 Save as otherwise expressly provided in these conditions, the loading and/or after discharge and/or any surcharges which the contract expressly incorporates the provisions of the Carriage Carrier may levy pursuant to clause 3.2 below in respect of variations of Goods by Sea Act 1971 (COGSA) and shall also be deemed to in currency exchange rates and/or fuel prices; incorporate the description and identity of the cargo, Shipper and Consignee set out in a notice issued by the Carrier confirming that “freight document” means the document (if any) issued by the Carrier the Units have been booked. NO BILL OF LADING NOR ANY OTHER for the receipt and shipment of a consignment of goods and includes DOCUMENT OF TITLE WILL BE ISSUED BY THE CARRIER in respect without limitation any sea waybill, ticket, and internal electronic record of any Units, whether or not one is requested by the Shipper or by any produced by the Carrier as evidence of such consignment having been other person and irrespective of any custom, usage or practice to the received for shipment on a vessel; contrary. In the event of an inconsistency between these conditions and COGSA, these conditions shall prevail save to the extent that “injury” includes loss of life; COGSA takes mandatory precedence under any applicable law in the United Kingdom or legislation equivalent to COGSA takes mandatory “loss” and “damage” include financial and consequential loss and precedence under any applicable law in France, Holland, Eire or damage (including loss of profit) as well as physical loss of and Belgium. damage to goods; 2.4 Carriage of any driver or other person accompanying the Units “misdelivery” means delivery other than in accordance with clause 8 shall be governed by the provisions set out in Schedule 6 of the of these Conditions; Merchant Shipping Act 1995 (and as may subsequently be amended from time to time) (the *Athens Convention*) and to any other “redelivery” means the transfer of responsibility for goods at the port legislation compulsorily applicable to the carriage of passengers by of discharge from the Carrier to the Shipper and/or Consignee; sea. To the extent that the Athens Convention is not applicable by law in the United Kingdom, France, Holland, Eire and Belgium, its “the parties” means the Carrier and the Shipper; provisions are hereby expressly incorporated into the contract. A copy of the Athens Convention is available on request from the “the Shipper” means the person who enters into a contract with the Carrier. Carrier for a shipment and/or who has control of the goods delivered to the Carrier for shipment and who is in any event liable for the payment of freight, but also includes where the context permits any other person with an interest in the goods or any part thereof; “shipment” means the carriage on board a vessel of goods and of any person accompanying the goods during their shipment; “time of receipt” means the time at which goods are received by the Carrier at the port of loading as evidenced by the issue of a freight document or in the case of goods previously stored at the port, the time they are declared for shipment by the Shipper; “unit” means any vehicle inclusive of any trailer, container, transportable tank, flat pallet, package or other type of equipment used for carrying cargo as well as any cargo which is placed or contained therein; 3. PAYMENT OF FREIGHT 3.1 Unless otherwise agreed in advance, the payment of freight to the (iv) any damage to the Units will be brought to the attention of the Carrier in respect of a shipment is due from the Shipper before the Carrier if discovered or if, in the Carrier’s sole discretion, reasonably Units are unloaded, but freight shall in any event be deemed earned discoverable at the port of loading before the Shipper leaves the port immediately upon loading. Once paid or deemed earned, it shall not of loading; be repayable in any circumstances whatsoever and notwithstanding any agreement for freight to be paid by any other person, the Shipper (v) the cargo is suitable and has been properly and adequately shall at all times remain liable for payment. described and parked for the purposes of carriage by sea; 3.2 The Carrier shall be entitled at any time prior to actual shipment (vi) the cargo is lawful merchandise at the ports of loading and to levy a surcharge in respect of variations in currency exchange discharge and the Shipper shall be liable for any and all financial rates, fuel prices, and any other relevant expense outside the Carrier’s consequences in the event that the cargo is found not to be lawful control. merchandise at the ports of loading and discharge; 3.3 Unless otherwise agreed in writing by the Carrier, all freight quoted (vii) any person accompanying the Units is properly authorised to do by the Carrier in £ sterling but payable at a non-UK port must be paid so and will comply with the requirements of all immigration and other in euros and shall be calculated at the highest £/euro rate of exchange regulations (including road transport regulations) applicable at the on the last banking day prior to the vessel’s arrival at the non-UK port. ports of loading and discharge and with all lawful instructions given by the Carrier; 3.4 Lien. The Carrier shall have both a particular lien and a general lien on all Units and documents in its possession or control for the (viii) the Carrier is specifically authorised to take any reasonable steps payment of (i) any unpaid freight and any other sum whatsoever due for the purposes of inspecting or checking the cargo where the from any person(s) with an interest in the Units, and whether or not Carrier reasonably believes that it is necessary to do so for any reason such liability is joint or several, whether or not such liability is in respect whatsoever or where the Carrier is asked or instructed to do so by of the Units subject to the exercise of the lien, and whether or not any customs or other authority, whether at the ports of loading or arising in respect of any other Units belonging to the person whose discharging or elsewhere; Units are subject to the exercise of the lien, and (ii) any other sums which may become due to the Carrier by reason of and pursuant to (ix) the Consignee is properly authorised to take delivery of the Units at these conditions.
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