Terms & Conditions
1.0 Definitions
1.1 “The Company” means CIM International Mover (Beijing) Co., Ltd. and (unless the context forbids) includes its servants, employees, agents, representatives, contractors, sub-contractors and any persons carrying or otherwise holding or storing the goods for it howsoever under any contracts or sub-contracts with it, including but not limited to any carriers, hauliers, warehousemen and/or forwarders whether in China or elsewhere.
1.2 “The Customer” means and includes (unless the context forbids) any or all persons or parties placing the order or otherwise entering into the contract with the Company, the shipper, consignee sender, receiver and owner of any goods making use or otherwise taking benefit of any of the services of the Company.
1.3 “Conditions” includes the terms & conditions of the Company as stipulated as follows.
1.4 “Goods” means goods, articles, chattels and/or merchandises of whatsoever nature, form and description including but not limited to all kinds of household goods, personal effects, machineries and commodities, the subject to the Contract.
1.5 “Carrier” means any carrier by land, sea or air including but not limited to any ship owners or operators, lightermen, road hauliers, operators of canal or land or transport of any type, railways or aircraft or others and (unless the context forbids) includes all servants, agents, representatives and sub-contractors of such carrier or carriers and the warehousemen and/or forwarding agents engaged by such carrier or carriers.
1.6 “Local transaction” means any transaction involving the moving of goods from one location to another location in the People’s Republic of China.
1.7 “Overseas transaction” means any transaction involving the sending of goods abroad from China.
1.8 “Contract” means the contract upon the face hereof in respect of the Goods, which is upon and subject to these Conditions.
1.9 Unless the context otherwise permits, in these conditions, the plural shall include the singular and vice versa. Unless otherwise stated, these conditions apply to both local and overseas transactions.
2.0 The Company’s Obligations
2.1 In relation to all overseas transactions, the following provisions shall apply:-
2.1.1 The Company is only acting as a forwarding agent and not a carrier (whether common or private) and shall only forward goods subject to these Conditions and to the contracts terms, conditions and regulations of the various carriers, persons, companies or authorities into whose possession the goods may pass irrespective of whether or not the Customer has any notice (whether actual or constructive) of the same provided always that if there is any conflict between any or all of them and these Conditions , these Conditions shall prevail.
2.1.2 Subject to these Conditions, the Company’s obligations and duties in any overseas transaction shall be restricted solely to the following and the Company shall be conclusively deemed to have discharged properly and fully all its obligations and duties to the Customer upon the performance of such of the following (as may be required):-
fit for the delivery of the Goods to the destination stated
in the Contract.
2.1.3 For the avoidance of doubt, in addition and without prejudice to any other provisions herein, the Customer agrees that:-
are caused by intent or gross negligence): –
(i) for the choice or the taking of any route of transportation of the Goods, whether by the Company or by any carrier. Any advice by the Company to the Customer of the route is for reference only and is subject to change without prior notice and the Company shall not be liable or responsible howsoever (whether in contract or in tort) for any deviation departure and/or variation thereof; and/or
(ii) for the loading, unloading, stowage (whether on or under deck), shipment, transshipment, re-shipment and/or storage (save as expressly provided herein) of the Goods howsoever and/or for any damage or loss caused to the Goods thereby.
loading for transshipment and may be reshipped or forwarded by any manner of conveyance
whatsoever by water, land or air or otherwise howsoever.
2.2 In relation to all local transactions, the following provisions shall apply –
2.2.1 The Company is only a private carrier and not a common carrier and the Goods are only accepted subject to these Conditions and to the contracts, terms, conditions and regulations of any carrier and/or sub-contractors engaged by the Company to carry out the transaction whether the Customer has any notice (whether actual or constructive) of the same provided always that if there is any conflict between any or all of them, and these Conditions, these Conditions shall prevail.
2.2.2 Subject to these Conditions, the Company’s obligations and duties in any local transaction shall be restricted solely to the following and the Company shall be conclusively deemed to have discharged properly and fully all its obligations and duties to the Customer under the Contract upon the performance of such of the following (as may be required) –
2.2.3 In addition and without prejudice to any other provisions herein, the Customer hereby agrees that if there are any unforeseen circumstances which in the opinion of the Company render the carrying of the Goods more difficult or impracticable including but not limited to the suspension of lift service at the place of taking delivery or the destination stated in the Contract and/ or the inaccessibility or unforeseen hindrance of access to either of such places or the non-availability of parking, or accident and/or variation of the place from which or to which the Goods are to be moved and/or the physical inability to move in any of the Goods, the Company shall be entitled to
suspend its performance of the Contract or any part thereof to such other time as the Company shall in its sole and absolute discretion deem fit necessary store keep or warehouse of the Goods or any part thereof at such place and in such manner as the Company shall in its absolute discretion deem fit with prior notice to the Customer at the Customer’s sole risk and expense. Further, in such event, any additional costs thereof shall be borne by the Customer.
3.0 The customer’s Agreements etc.
The customer hereby acknowledges, undertakes and agrees the following:-
3.1 The Company will not handle accept or deal with any noxious, dangerous, hazardous, inflammable or
explosive goods, any goods likely in the absolute opinion of the Company to cause danger or damage or threat to any other party, animal, person, or property, nor any goods which are illegal or unlawful (under the law of any country whatsoever) to possess (any such goods being hereinafter called “dangerous goods”). The Customer by delivery of any goods to the Company or by making the goods available for collection by the Company as the case may be (except under special arrangements previously made in writing and accepted by the Company) warrants and represents that the goods are not dangerous goods and are suitable for acceptance by the Company. The Customer shall be liable and responsible for all loss or damage caused by any of dangerous goods and shall fully indemnify the Company against all penalties, claims, damages, costs and expenses (including legal costs and expenses) whatsoever caused wholly or in part by such goods. Any dangerous goods upon being discovered may be destroyed or otherwise dealt with or disposed of at the sole and absolute discretion of the Company or any other party in whose possession the dangerous goods may be at the relevant time.
3.2 The Customer shall be solely liable and responsible for the accuracy of all and any information supplied
to the Company including but not limited to any particulars of the goods, and the address and name of the receipt of the goods. Furthermore, the Customer hereby warrants and represents that all relevant information in relation to the goods has been supplied to the Company including but not limited to any nature and/or condition of the goods which may or will require special handling and care. The Company shall not be liable or responsible for any loss and damage to the goods as a result of any breach of this Condition and the Customer shall reimburse and indemnify the Company on demand against any damage, loss, claims, liabilities and/or additional expenses which the Company may suffer, sustain or incur as a result of any such breach. For the avoidance of doubt, the Customer hereby expressly agrees that the Company shall not be under any duty to check or verify any information provided by the Customer.
3.3 If any goods cannot be delivered because they are insufficiently or incorrectly addressed or marked or
because they are not collected or accepted by the Customer or the Customer’s designated recipient or if the destination stated in the Contract is not accessible for the delivery of the goods thereto, then such goods may be stored by the Company at the Customer’s own risk and expense and if the goods remain undelivered or uncollected for whatsoever reason for a period of twenty one days or more, the Company shall be entitled in its sole and absolute discretion but with a prior notice to or consultation with the Customer either to sell goods at the Customer’s own risk and expense or to return the goods at the Customer’s own risk and expense. Any sale under this paragraph may be conducted by private treaty or by public auction, in such manner, at such time and for such price as the Company shall in its sole and absolute discretion deem fit and whether with or without advertisement and the Company shall not be liable or responsible for any loss and/or damages to the Customer as a result thereof. All charges that arise in connection with the storage, sale or return of the goods shall be paid by the Customer to the Company on demand. A communication from any agent or correspondent of the Company to the effect that the goods cannot be delivered or are uncollected for any reason shall be conclusive and final evidence of that fact.
3.4 The Customer shall be solely liable and responsible for any customs or other declaration relating to the
Goods and the Company shall not be liable or responsible (whether in tort or in contract) to advise or check the same and for any loss or damage arising from or as a result of any error or omission thereof.
3.5 The Customer shall make all necessary arrangements (a) for the Goods to be available and ready for
packing and taking delivery by the Company at the agreed time and (b) for the Goods to be received upon arrived at the destination stated in the Contract and the Customer shall be liable and responsible for and shall indemnify the Company against all loss, damages and/or additional expenses incurred by the Company due to any delay or failure of the Customer in so doing.
3.6 The Company shall not be liable or responsible for the packing of the Goods nor shall the Company
have any duty to check or advise on the packing, if any of the Goods are packed by the Customer or any third party.
3.7 In the absence of which notice to the contrary given by the Customer to the Company prior to the time of
taking delivery of the Goods by the Company, the Customer by delivery of the Goods to the Company warrants and represents that the Goods are fit to be carried or stored in the condition in which they are delivered or made available to the Company.
3.8 If the Customer declares the Goods as household Goods and/or personal effects, the Customer shall be
deemed to warrant and represent by so doing that the Goods are of no commercial value, are not for sale at the destination and only for the exclusive personal use of the Customer.
3.9 The Customer will comply and will ensure the compliance with all regulations or requirements (if any)
of the Customs, governmental, port and other authorities relating to the transportation of the Goods, and shall bear and pay (and shall fully indemnify the Company in respect) all duties, taxes, fines, imports, expenses or loss incurred or suffered pursuant thereto or by reason of any information of the Goods proving incorrect or insufficient or the Goods being illegal or dangerous Goods.
3.10 Unless otherwise expressly agreed in writing by the Company the Customer shall be solely liable and responsible (at the Customer’s own cost and expense) for the insurance of the Goods to the extent that the Company shall not be liable or responsible howsoever for insuring the Goods and/or for the giving of any advice for the insurance of the Goods. In the event any insurance is requested by the Customer to be effected through or by the Company and the Company agrees so to do:-
(a) such insurance shall be subject to the usual exceptions and conditions of such type of insurance accepted by the insurer or Underwriter engaged and the Customer shall be conclusively deemed to have full knowledge thereof and the Company shall not be liable or responsible (whether in contract or in tort unless personal injuries or property damages of the Customer arose and property damages are caused by intent or gross negligence,
of the Company) for the insurer or Underwriter or the type of insurance chosen and/or recommended and/or the risks covered or omitted to be covered;
(b) the Customer shall be deemed to reimburse the Company for all costs and expense of such insurance; and
(c) any request to effect insurance by the Customer (whether oral or in writing) once accepted by the Company shall be binding on the Customer and the Company’s record thereof shall be conclusive.
3.11 The Company shall not be liable or responsible (whether in tort or in contract, unless personal injuries or property damages of the Customer arose and the property damages are caused by intent or gross negligence of the Company) for any accident to, or delay in delivery of the Goods, misdelivery, mishandling of the Goods howsoever caused nor for any other loss or damage whatsoever to the Goods in the course of transportation storage or delivery whether direct, indirect or consequential (including for the avoidance of doubt, loss of profit).
3.12 Without prejudice to any of the provisions of these Conditions, the Customer undertakes that the Customer will at all times fully indemnify the Company on demand against all liability, loss and damage suffered or incurred (including personal injury) by the Company towards third persons as a result of (whether direct or indirect) the performance of its duties under the Contract.
4.0 Sub-contracting
4.1 The Company shall be entitled to contract or sub-contract on terms in such manner the whole or any part of its duties the Contract.
4.2 The Company shall not be liable or responsible in any way (whether in tort or in contract, unless personal injuries or property damages of the Customer arose and the property damages are caused by intent or gross negligence of the Company) for any act, omission, default, delay, breach of the Contract and/or neglect of any of the Company´s contractors, sub-contractors, carriers, warehouseman, agents and/or any other person howsoever engaged or involved in the carriage, delivery and/or storage of the Goods, nor for any misdelivery of mishandling of or damage or loss of or accident to, the Goods caused by any such party.
4.3 The Company shall not be liable or responsible in any way (whether in tort or in contract, unless personal injuries or property damages of the Customer arose and the property damages are caused by intent or gross negligence of the Company) for any choice or nomination of any agent, contractor, sub-contractor, carrier, warehouseman and/or any others in connection with the carriage storage or delivery of the Goods. Furthermore, any such choice or nomination is subject to change by the Company without prior notice to the Customer.
4.4 For the avoidance of doubt, the Company shall not be liable for any loss or damage to any of the Goods for which its agents, contractors or sub-contractors, or the carriers, warehouseman or others in whose possession the Goods were at the time of such loss or damage occurring, are not themselves liable or responsible (unless personal injuries or property damages of the Customer arose and the property damages are caused by intent or gross negligence of the Company).
4.5 The Customer undertakes that no claim shall be made against any agent, representative, servant contractor, sub-contractor or carrier, or warehouseman of the Company which imposes or attempts to impose upon any of them any liability and responsibility whatsoever relating to the Goods, and if any such claim or allegation should nevertheless be made, to indemnify the Company against all consequence thereof.
4.6 Without prejudice to any of the provisions of these Conditions, every servant, employee, agent, representative, contractor, sub-contractor. of the Company and any persons carrying or otherwise holding or storing the Goods howsoever under any contracts or sub-contracts with it including but not limited to any carriers, haulers, warehousemen and/ or forwarders whether in the People’s Republic of China or elsewhere shall have the benefit of all provisions herein benefiting the Company, which as the context may require, shall be deemed to be the trustee of the benefit of such provisions for such parties.
4.7 The expression “sub-contractor” in this Clause includes direct and indirect subcontractors including their respective agents, representatives and servants.
5.0 Payment of Charges, Quotations etc.
5.1.1 The Customer must pay all charges due to the Company forthwith upon presentation of the invoice and has no right for any deduction, set off and/or with holding Any sum not paid on its due date shall bear interest at the rate of two percent per month from that date to the date of actual payment (whether before or after judgment). Without prejudice to any right conferred on the Company by these Conditions or by the general law the Company shall be entitled to withhold and not release the Goods to the Customer until all outstanding charges (including but not limited to any additional interest, storage charges and/ or other extra charges or expenses in relation to the Goods prior to the taking delivery) due to the Company are paid in full.
5.1.2 In the event of any retention of Goods as provided in 5.1.1 above, the Company shall be entitled to store or otherwise warehouse the Goods in such manner and at such place as the Company shall in its sole and absolute discretion deem fit at the Customer’s own expense and risk provided always that the Company is not under any duty to insure the Goods whether at the Customer’s own expense or otherwise and the Company shall not in any way be liable or responsible for any loss deterioration and/or perishing of the Goods during such retention.
5.2 In addition and without prejudice to any other rights the Company shall have a lien on the Goods for any amount due under the Contract and for all sum due but unpaid to the Company by the Customer and for any costs for the recovery of the same (on a full indemnity solicitor-own-client basis), and if the Customer shall fail to make any due payment for ten days or more, the Company shall be entitled to sell the Goods at such time, in such manner and at such price whether by private treaty or by public auction with prior notice to the Customer and whether with or without any advertisement, as the Company may at its absolute discretion determine. If on the sale of the Goods, the proceeds shall fail to cover the amounts due and the costs and expenses incurred in such sale and storage of the Goods in full, the Company shall be entitled to recover the deficit from the Customer. The Company shall not be liable or responsible for any loss and/or damage to the Customer as a result of any sale or storage of the Goods under these conditions.
5.3 The Company is entitled to receive and retain all brokerages, commissions, rebate, allowance and other remunerations customarily received from retained by or paid by Air Lines, Insurance Brokers and Forwarding and Shipping Agents, in respect of the delivery, storing and/or shipping of the Goods and shall not be required to give any credit or otherwise account to the Customer in respect thereof.
5.4 Quotations will only be valid for acceptance for a period of thirty days from the date thereof provided that notwithstanding the foregoing, if any changes occur in the rate of exchange between the Chinese RMB and any other currency, or of freight, insurance premium or other charges applicable to the transport of the Goods, quotations and charges shall be subject to revisions accordingly with or without any advance or prior notice.
5.5 Any price is quoted on be basis of (i) the information supplied; (ii) the work to be undertaken by the Company agreed on; (iii) usual working conditions; and (iv) there is no change in the rates of exchange between the Chinese RMB and any other currency, of freight, insurance premium and the other charges or expenses to be incurred in connection with the carrying out of the transaction (whether overseas or local). Without prejudice to any of the other provisions of these Conditions the Company shall be entitled at its sole and absolute discretion to increase or revise the price quoted at any time, whether before or after the acceptance of such quotation on the date of the Contract on the occurrence of any of the following:-
(a) if the information relating to the Goods is inaccurate and any additional costs expense are or will be incurred as a result;
(b) if there is any increase in freight, insurance premium and/or other charges and/ or expenses to be incurred;
(c) if there is any additional work required or if there is any variation of the instruction of the Customer which does or will result in additional work or additional costs and expenses; or
(d) if there are any unforeseen circumstances and/or working conditions which result or will result in additional work or additional costs and expenses.
5.6 Without prejudice to any of the provisions of these Conditions, unless the Company otherwise expressly agrees in writing, the following are not included in charges quoted and shall be conclusively deemed to be additional services or works and additional charges therefore will be required to be paid; –
(a) assembling and/or dismantling furniture, fixture, installations, machines and/or any other equipment, appliances and/or instruments;
(b) payment of Customs duties, taxes, V.A.T., etc.;
(c) delivery by staircase due to no or inadequate lift service at the destination stated in the Contract;
(d) payment of demurrage and container rental charges;
(e) insurance during any storage;
(f) payment of any warehouse, overtime, storage, and rental charges;
(g) hoisting of the Goods for delivery at an upper floor of a building;
(h) handling charges in and out of storage facilities;
(i) the consequence of inability to contact or communicate with the Customer due to late receipt
of documents, advice, incorrect or incomplete information supplied or when the Customer is away or not otherwise at the destination.working after normal office hours and during Saturdays, Sundays or Public Holidays unless previously agreed by the Company in writing;
(j) unpacking of the Goods at the place of delivery on a different day when the delivery of the Goods has been made before noon on a certain date unless previously agreed by the Company in writing;
(k) delivery to a designated place beyond a radius of thirty miles from the place or port of entry or discharge;
(l) disconnection and connection of air-conditioners, lighting fixtures and electrical appliances, glasses, etc.;
(m) delivery to a second place or district within or outside the same place, town, city or district.
5.7 For any overseas transaction, all “cash on delivery” shipments are subject to such additional service charges as the Company may from time to time announce. (Subject to such additional sums due to foreign exchange controls at the designated place the present charge is three percent on the billing amount or 500 RMB per shipment whichever is the higher.)
6.0 Claims and Disputes
6.1 The Company must be notified in writing of any discrepancies and/or disputes on billing and invoices and/or any items charged against the Customer within seven days from the invoice date otherwise the bill and invoice shall be conclusively deemed to be correct valid and binding on the Customer and payable at the due time.
6.2 Without prejudice to any other provision of the Conditions, any claim by the Customer (including but not limited to any short delivery, misdelivery, mishandling, loss or damage to the Goods, delay, negligence and/ or otherwise howsoever) must be submitted by the Customer in writing to and actually received by the insurance center addressed directly to Australia to the following address:
Insurance.Centre@sirva.com.au
within fourteen days of the receipt of the Goods (or in case of total non-delivery or loss within seven calendar days of the expected arrival date advised by the Company to the Customer) and if the Customer shall fail so to do, the Company’s liabilities and responsibility shall be deemed absolutely discharged and the Customer shall be deemed to have conclusively and irrevocably waived and released the Company from all claims in respect of the Contract (unless personal injuries or property damages of the Customer arose and the property damages are caused by intent or gross negligence of the Company).
6.3 Any claim against the Company must be in writing and with full particulars and supported by an inventory and any other evidence of documents required by the Company.
6.4 Without prejudice to the other provisions of these Conditions the Customer agrees that the Company’s liability under the Contract shall under no circumstances exceed two RMB only per kilogram of the gross weight of the Goods lost or damaged irrespective of the declared value of the Goods by the Customer and the maximum compensation from the Company shall not exceed five hundred RMB only per shipment unless personal injuries or property damages of the Customer arose and the property damages are caused by intent or gross negligence of the Company).
7.0 Liabilities and Responsibilities of the Company
The following provision shall be in addition and without prejudice to any other provisions hereof: –
7.1 The Company shall not under any circumstances be liable or responsible for any loss or damage arising and resulting from loss of market or profit or otherwise attributable to any delay in forwarding or in transit or failure (whether willful or negligent) to carry out the instructions given to the Company.
7.2 The Company shall not be liable or responsible for any loss or damage (unless personal injuries or property damages of the Customer arose and the property damages are caused by intent or gross negligence) resulting from or attributable to any quotation statement representation or information whether oral or in writing whatsoever or to whomever made or given by or on behalf of the Company, as to the classification of or the liability and responsibility for the amount scale of rate of the Customers duty excise duty or other impost or tax applicable to any Goods.
7.3 Any commitments in writing or otherwise made by any contractors or sub-contractors on behalf of the Company are invalid unless duly verified in writing by authorized personnel of the Company.
7.4 The Company shall not be liable or responsible for any loss or damage to the Customer (unless personal injuries or property damages of the Customer arose and the property damages caused by intent or gross negligence) howsoever arising out of or as a result of any one or more of the following:-
(a) the wrongful act or omission or neglect of the Customer;
(b) any inherent vice or defect of the Goods;
(c) any condition of the Goods;
(d) strike, lock-out and/or civil commotion;
(e) war, war-like or hostile actions;
(f) any government action or intervention;
(g) sudden change in the political situation of any country preventing previous and prevailing
normal and usual practice in trading;
(h) loss and damages by and accident, animals, pests, fire, water, typhoon, explosion, etc;
(i) late and/or delayed arrivals and sailing of ships, airplane or other means of carriage employed;
(j) confiscation or extermination by any Customs of the Goods due to the presence of prohibited packing materials and/or vermin;
(k) act of God;
(l) when the Goods are not in the actual and physical custody of the Company;
(m) inaccuracy of all description, values and other particulars furnished to the Company;
(n) any course or event which the Company could not avoid and the consequence whether the
Company could not prevent by the exercise of reasonable diligence.
8.0 Miscellaneous
8.1 These Conditions shall be governed by and interpreted in all respects in accordance with the laws of the People´s Republic of China.
8.2 Any notice required to be given by the Company to the Customer shall be deemed to
be effectively given if in writing by leaving the same at or posting the same to the address given by the Customer with the Company. Any advice by telephone or otherwise verbal (including any telephone message left at the telephone number given by the Customer) shall also be binding on the Customer.
8.3 These Conditions supersede any other terms or conditions appearing in the Company’s catalogues, sales literature or elsewhere, and shall override and exclude any other warranties, terms or conditions stipulated or incorporated or referred to by the Company or the Customer, whether in any order or negotiations, or any course of dealing established between the Company and the Customer, or whether statutory or otherwise. No contract for the transportation and delivery of the Goods shall be concluded until both the Company and the Customer have signed the Contract. No modification of these terms and conditions shall be effective unless made in writing between the Company and the Customer and annexed here.
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