Terms and Conditions of Transport
All work carried out, including the services provided by Luluat Al Karama Shipping, Transport and Clearance Services LLC (hereinafter referred to as “the Company”), shall be carried out in accordance with the terms detailed herein, and no other terms shall be taken into account.
The Company operates as a transportation agent and acts only as an agent in performing, implementing and providing services to customers, and entering into contracts on behalf of the customer with any other party or entity.
The Company shall have the right to enter into contracts regarding the transportation of goods by any method and by any means, as well as the lifting and installation of equipment and other goods or the storage or handling of goods by any party or entity within any period of time.
By giving your shipment to Pearl of Dignity Shipping Services, you agree to our terms and conditions set out in this contract of carriage on behalf of yourself or any other person connected with the shipment, regardless of whether you have signed the shipment order. Our terms and conditions also cover anyone who collects, transports or delivers your shipment. None of our employees, agents or subcontractors are authorized to amend, vary or leave these terms and conditions. Where written or oral instructions are given to the shipment that are contrary to our terms and conditions, we will not be obliged to comply with such instructions.
The Customer expressly authorizes the Company to perform such acts and conduct and enter into such contracts as referred to in Clause 3 on behalf of the Customers.
The Customer intends to act as either the owner or the authorised agent of one of the owners of the Goods (including any containers or equipment) in connection with any business; and further warrants that it is the party authorised to accept and agree to these Terms; not only for and on its own behalf but also as the agent of and on behalf of the owner of the Goods and all other parties who are or may hereafter become interested in such Goods (collectively referred to hereinafter as the “Other Owner”).
The Customer warrants that the description and details of any shipment provided by or on behalf of the Customer are accurate and correct, and undertakes to indemnify the Company against all expenses, losses and fines arising from inaccuracies, omissions or oversights not due to negligence or default.
The Company shall not be obliged to declare for the purposes of any regulation, statute, agreement or contract as to the nature of the value of any Goods, or as to any special interests in delivery; unless expressly requested by the Customers in writing.
The Company shall be entitled to all brokerage commissions, allowances, bonuses and other remunerations retained or normally paid to freight forwarders, carriers and insurance brokers.
No insurance shall be applicable to the shipment except upon explicit written instructions submitted by the customers to Luluat Al Karama Shipping Services Company, specifying the nature and value of the goods and the extent of the required coverage.
Except as otherwise specifically agreed in writing, the Company will not accept or handle any harmful, dangerous, flammable, explosive or perishable goods, or cause the Company to handle or handle such goods, including those specified in the International Civil Aviation Organization (ICAO) Technical Instructions, the International Air Transport Association Dangerous Goods Regulations, the International Maritime Dangerous Goods (IMD), the European Convention on the International Carriage of Dangerous Goods by Road (ADR) or any applicable international or local laws relating to the carriage of dangerous goods, and the Customer shall be liable for all loss or damage arising out of or in connection with the Goods, howsoever such loss or damage may arise, and shall indemnify the Company against all penalties, fines, claims, damages, costs and expenses arising therefrom, and the Goods may be disposed of, destroyed or dealt with at the sole discretion of the Company or any other person or party in whose custody such Goods are at the relevant time.
Except by special arrangements agreed in writing in advance, the Company will not accept or handle gold coins, precious stones, jewelry, pictures, valuable antiques, livestock or plants.
The company has the right, at the customer’s expense, to make the sale or dispose of it in the following cases:
Where goods are accepted or dealt with on instructions to collect freight charges or other expenses from the consignee or any other party, the Customer shall be immediately liable for them when due in the event of non-payment by such consignee or any other party.
Without prejudice to Clause 5, the Company shall have the right to enforce any claim or obligation of the Customer under these Terms and Conditions, or recover any amounts paid by the Customers under these Terms and Conditions; not only against or from the Customers but also, if the Company deems in its sole discretion, against or from the Sender and/or Owner.
The company does not bear any responsibility or obligation towards the customer or the owner for:
Any loss or damage arising from any failure to carry out or default in carrying out the instructions of the Client or the Owner, or failure to carry out or default in performing the Company's obligations (whether such obligations arise under contract or otherwise), unless such loss or damage is due to the negligence or wilful default of the Company or its employees.
Any consequential or consequential losses, including loss of profits, loss of market, loss of goodwill or trade name, or any losses arising from the obligations of the Client or other owner to any party or entity.
Any losses or damages arising from:
Inefficient or improper packaging or handling, or
Perishable, dangerous, fragile or faulty goods, or mechanical complications of the goods, or
Riots, civil disturbances, strikes, work stoppages and workers’ abstention from work for any reason of any kind; whether partial or general,
Circumstances beyond our control (but not specific)
God's will, including earthquakes, hurricanes, storms, floods, fires, contagious diseases, fog and freezing,
Great Power including wars, accidents, acts of public adversaries, strikes, embargoes, local disputes, and civil disturbances
Local disruptions in air or ground transport networks and technical problems with the mode of transport or mechanism
Latent impurities or defects inherent in the content of the shipment.
The act or omission of any customs, airline, airport or government employee.
The shipment contents contain any prohibited material, even if Lulu Al Karama Company received the shipment by mistake.
Any failure to notify the consignee of the arrival of the goods or failure of the consignees to take delivery within a reasonable period of time.
The Company's compensatory liability shall not exceed, for any reason whatsoever and even if the loss or damage is unjustified, the value of the goods lost or damaged, whichever is less in any case. The Company's compensatory liability in respect of any item, whether a set of goods, equipment, services or the entire contents of a package shall be limited to AED 500.
Any claims not made or communicated in writing as previously noted shall be null and void.
The Customer shall indemnify the Company against all fees, taxes, fines, payments, expenses, damages (including physical damages) and financial claims, whether or not arising from the negligence of the Company, its employees or agents; which the Company may have incurred or suffered in the performance of its obligations under any contract to which these terms and conditions apply; including any obligations to indemnify any person or third party for any claims made by that person or third party against the Customer or the Owner.
No claim will be considered or responded to if it is raised after three months from the date of receipt of the shipment and collection of the data.
The shipper shall be responsible on his own behalf for all costs and expenses including, for example, customs duties or any other fees or taxes relating to the shipment, or any expenses relating to the shipments returned to the shipper, including deposit and storage, as well as the right to dispose of the shipment in any way whatsoever.
The shipper agrees that in the event of any refusal to receive the shipment by the consignee, and after notifying the shipper and the consignee by all possible means, whether by e-mail or telephone calls, this means that the company does not bear any responsibility for this at all, and has the right to take any action with the shipment after the two-month notice period has passed.
The shipper (customer and other owner) agrees with Luluat Al Karama Shipping, Transport and Clearance Services LLC to fully comply with the regulations and laws in force in the Kingdom in all its
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