Indemnity
The Customer’s attention is drawn to the Clauses hereof which exclude or limit the Company’s Liability and those, which require the Customer to indemnify the company in certain circumstances.
Acceptance
The content of this Site (“Content”) is the property of the Company, and all right, title and interest in all Content belongs solely to the Company. You may access and use Content for any legitimate business purpose; provided, however, that you may not use this Site or any Content for any purpose prohibited by the Company, in its sole discretion, upon notice of such prohibited purpose from the Company. Any access or attempt to access other areas of any computer equipment on which this Site is located, or other information contained on such computer equipment for any purpose, is prohibited.
Intellectual Property Rights
In these Conditions:- Company’ is Codexero ‘Person’ Person includes any association of Body of persons, whether incorporated or not. ‘Owner’ Means the Owner of the goods (including any packing, containers or equipment) to which any business concluded under these conditions relates and any other person who is and may become interested in them. ‘Customer’ means any person at whose request or on whose behalf the company undertakes any business or provides advice, information or services.
Subject to Sub – Paragraph (B) below all and any activities of the Company in the course of business whether gratuitous or not are undertaken subject to these conditions. If any legislation is compulsorily applicable to any business undertaken, these conditions shall, as regards such business, be read as subject to such legislation and nothing in these conditions shall be constructed as surrender by the Company of any of its rights or immunities or as an increase of any of its responsibilities or liabilities under such legislation and if any part of these conditions be repugnant to such legislation to any extent such part shall as regards such business the overridden to that extent and no further.
The Customers warrants that he is either the owner or the authorized Agent of the Owner and also that he is accepting these conditions not only for himself but also as Agents for and on the Owner.
In authorizing the Customer to enter into Contract with the Company and/or in accepting any documents issued by the Company to enter into contract with the Company and/or in accepting any documents issued by the Company in connection with such contract, the Owner and the consignee accept these conditions for themselves and their agents and for any parties on whose behalf they or their Agents may act, and in particular but without prejudice to the generally of this clause, they accept that the Company shall have the right to enforce against then jointly and severally any liability of the Customer under these conditions or to recover from them any sums to be paid by the Customer which upon proper demand have not been paid.
The Company
Subject to Clauses 13 and 14 below the Company shall be entitled to procure any or all the services as an Agent or to provide those services as a Principal.
The offer and acceptance of an inclusive price for accomplishment of any services shall not itself determine whether any such services is or services are to be arranged by the Company acting as Agent or to be provided by the Company acting as a Contracting Principal.
When acting as an Agent the Company does not make or purport to make any contract with the Customer for the carriage, storage, packing, or handling of any goods nor any physical service in relation to them and 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.
The Company shall on demand by the Customer provide evidence of any Contract entered into as Agents for the Customer. Insofar as the company may be in default of this obligation, it shall be deemed to have contracted with customer as a Principal for the performance of the Customer’s instruction.
When and to the extent, that the Company has contracted as Principal for the performance of any of its services, it undertakes to perform and/or in its own name to procure the performance of any of those services, and subject always to the totality of these conditions and in particular to Clause 26-29 here-of accepts liability for loss or of damage to goods taken into its charge accruing between the time when it takes the goods into its charge and the time when the Company is entitled to call upon the Customer, Consignee or Owner to take delivery of the goods.
When and to the extent that the Company in accordance with these conditions is acting as an agent on behalf of the Customer, the Company shall be entitled and the Customer hereby expressly authorizes the Company to enter into contracts on behalf of the Customer.
For the carriage of goods by any route or means or person. For the storage, packing, transshipment, loading, unloading or handling of the goods by any person at any place and for any length of time. For the carriage or storage of goods in or on transport units as defined in Clause 19 and with other goods of whatever nature; and to do such acts as may in the opinion of the Company be reasonably necessary in the performance of the obligations in the interest of the Customer.
The Company reserves to itself a reasonable liberty as to the means, route and procedure to be followed in the handling, storage and transportation of the goods.
The Company shall be entitled to perform any of its obligations herein by itself or by its parent subsidiary or associated Companies.
In the absence of agreement to the contrary any Contract to which these conditions apply is made by the Company on its own behalf and also an agent for and on behalf of any such subsidiary or associated Company, and any such Company shall be entitled to the benefit of these conditions.
(A) Subject to Sub-Caste (B) hereof, the company shall have a general lien on all goods and documents relating to goods in its possession, custody or control for all sums due at any time from the Customer or Owner, and shall be entitled to sell or dispose of such goods or documents as Agent for and at the expense of the Customer and 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 the Company and the cost of sale or disposal the Company shall be discharged of any liability whatsoever in respect of the goods or documents.
When the goods are liable to perish or deteriorate, the Company’s right to sell or dispose of the goods shall arise immediately upon any sum becoming due to the Company subject only to the Company taking reasonable steps to bring to the Customer’s attention its intention of selling, or disposing of the goods before doing so.
The Company shall be entitled to retain and be paid all brokerages, commissions, allowances and other remunerations customarily retained by or paid to Freight Forwarders.
If delivery of the goods or any part thereof is not taken by the Customer, Consignee or Owner, at the time and place when and where the Company is entitled to call upon such person to take delivery thereof, the Company shall be entitled to store the goods that part thereof at the sole risk of the Customer whereupon the liability of the Company in respect of the goods or that part thereof stored as aforesaid shall be limited to the exercise of reasonable care in the storage of the goods and to the payment of the reasonable costs of such storage.