AGENCY AGREEMENT BETWEEN CUSTOMER (SHIPPER) & A. UNIVERS TRANSIT LTD. (COMPANY).
Company agrees to transport packed goods to the sea or air terminal for shipment to port of destination and acts only as shipper’s agent with respect to transport of said goods, and not as a common carrier.
Shipper authorizes company when, in its opinion, it seems advisable to employ service of any steamship line or other common carrier(s) to transport the property to destination herein designated.
Estimate is provided by company as guideline only which is based on information given by shipper. Final costs will be determined when packing is completed and dimensions obtained, according to agreed rates.
Shipper will pay freight and any and all other lawful charges accruing on said property prior to the movement of goods, unless otherwise agreed in writing. Company shall have a lien on the goods for all freight and charges and any sums that may be under this agreement.
Shipping time is approximate. Company is not responsible for delays caused by highways problems, steamship lines schedule or over booking, technical difficulties in equipment of vehicles, strikes, port authorities, labor problems at origin or destination and\or other problems beyond our control.
When rate is based up on consolidation, company cannot be held responsible for exact shipping dates.
If goods have been placed into pre-shipment storage our price, as agreed, for shipment of goods will remain effective, providing shipments from Israel takes place within 60 days following packing. This applies only to such cases where ocean or air have increased during such storage period. If no such increase have taken place, our price will remain as agreed up to maximum period of 6 month from contract date.
Company shall not be held liable for losses or damages to shippers goods caused by acts G-d, public enemies, authority of law, labor troubles, riots, the elements, acts of default by shipper or other causes beyond company’s control.
When receiving pre-pack items on behalf of shipper, company is not responsible to open cartons and check contents. Company is only responsible for the total number of pieces.
Company is not responsible for shipments of: valuable paper, stamp or coin collection, valuable jewellery, pressure spray containers, food items, fire arms, live plants and seeds, broadcast equipment, (all kinds), new building materials, acids and caustics or subsequent damages caused to other items in shipment by contamination from same.
Shippers must provide all risks marine insurance coverage at his own expense with an endorsement to cover complete costs of his goods while being stored, consolidated and in the care of the company. Company shall not be liable for any damage in excess of the amount of US$ 10.50 per cubic meter. Shipper must in addition supply insurance coverage at his own expense from port of destination to his house, including transit time.
Claim for loss or damage must be made in writing thirty (30) days from arrival of goods at destination. If goods are placed in storage, than claim, if any, must be made prior to storage placement.
Any laws or regulations imposed by authorities at origin or destination which affect to option in the agreement and the rate, will void the agreement. Company and shipper will have to re-negotiate terms of the agreement.
This agreement is solely between shipper and company. Customs regulation, residency requirement, port fees and tax laws, differ in each country and are subjected to periodic changes. Company can only offer guidance; but cannot be responsible for mis-advise. Please contact the consulate or embassy representing the country to which you are moving to determine the applicable rules, regulation and laws to which your shipment be subjected. Taxes and government assessment are the responsibility of the shipper.
Governing Law; Consent to Jurisdiction and Venue. These terms and conditions of service and the relationship of the parties shall be construed according to the laws of Israel, without giving consideration to principles of conflict of law. Customer and Company (a) irrevocably consent to the jurisdiction of Israel Court; (b) agree that any action relating to the services
performed by Company, shall only be brought in said courts; (c) consent to the exercise of in personam jurisdiction by said courts over it, and (d) further agree that any action to enforce a judgment may be instituted in any jurisdiction.