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Terms & Conditions

1. Definitions and Interpretation

In these terms and conditions (these “Terms”) unless the context otherwise requires, defined terms shall have the same meanings as they have in the Singapore Logistics Association Standard Trading Conditions (“SLA STCs”).

2. Incorporation of Standard Terms

The Customer/Hirer acknowledges that by entering into the Agreement, it agrees to be bound by these Terms and by the SLA STCs. Notwithstanding Clause 2(a) of the SLA STCs, in the event of a conflict, these Terms shall prevail.

3. Territory

The Company’s Services and/or Equipment shall be restricted to the Republic of Singapore and shall not be provided and/or used beyond the Republic of Singapore.

4. Validity of Quotations

The Company’s quotations are only valid for a period of thirty (30) days from the date of issue of the quotation. Thereafter, the Company shall be entitled to issue a new quotation which may contain amended, varied or modified rates and terms and conditions. In the event of circumstances beyond the control of the Company, including but not limited to changes in the currency exchange rates, rates of freight, port fees or demurrage, insurance premiums etc., the Company shall have the right to revise the quoted rates.

5. Payment Terms

Full payment shall be made by the Customer/Hirer within thirty (30) days of the date of invoice issued by the Company. All quotations and charges are in the Singapore currency and shall be subject to the prevailing Goods & Services Tax, where applicable.

6. Late Payment Interest

The Customer/Hirer shall pay to the Company interest at the rate of one percent (1%) per month on all overdue invoices.

7. Default on Payments

In the event that the Customer/Hirer shall default on payment for any reason whatsoever, the Company reserves all right to (i) refuse to perform any Services; (ii) immediately terminate any Agreement with the Customer/Hirer; and (iii) retrieve the Company’s Equipment. The Company shall not be liable for any loss or damage, including special or consequential damages, suffered by the Customer/Hirer as a result of any action taken by the Company arising out of or in connection with the non-payment of the Company’s invoices.

8. Performance of Service

The Customer/Hirer is required to execute the Company’s standard forms, including but not limited to its pick-up and delivery forms, failing which the Company shall not be required to perform the requested service and/or shall not be liable to the Customer/Hirer in any way whatsoever for the Customer/Hirer’s failure to execute such forms.

9. Cancellation Fees

The following cancellation charges are applicable:

  • More than 3 Hours prior to scheduled service – No cancellation fee.
  • Between 1 hour to 3 Hours prior to scheduled service – 80% of rate chargeable.
  • Less than 1 hour prior to scheduled service – 100% of rate chargeable

10. Insurance

10.1

Notwithstanding any insurance that the Company may have taken up in respect of the Services, the Company shall not be liable or responsible for any insurance coverage. The Customer/Hirer shall be responsible for all insurance in respect of Equipment All Risks, Public Liability Insurance (within the work site where the Customer/Hirer uses and/or operates the Equipment), marine cargo insurance, water borne risk, Work Injury Compensation Insurance, Bailee or Warehouseman Carrier Insurance and all other insurance coverage required in connection with the nature in which the Customer/Hirer uses and/or operates the Equipment.

10.2

The Customer/Hirer shall insure itself fully of the aforesaid insurance policies with a reputable Insurer against all risks and liabilities relating to their operations and provision of Customer/Hirer’s services.

11. Limitation of Liability

11.1

The Company shall not be liable for any loss or damage whatsoever howsoever arising from:

  • the act or omission of the Customer/Hirer or any person acting on their behalf;
  • where the breach arises or is alleged to arise in contract, tort, bailment, negligence, breach of statutory duty or otherwise due to the Customer/Hirer or any person acting on their behalf;
  • where the loss, damage cost or expense incurred by the Customer/Hirer or any third party is of an indirect or consequential nature including but not limited to loss or deferment of use, profit and/or revenue, loss of goodwill or loss of business;
  • compliance with the instructions given to the Company by the Customer/Hirer or any other person entitled to give them;
  • insufficient instructions given to the Company by the Customer/Hirer in respect of the Services and/or Goods;
  • delivery of the Goods to the Customer/Hirer by the Company or any person acting on their behalf;
  • handling, loading, stowage or unloading of the Goods by the Customer/Hirer or any person acting on their behalf;
  • any Dangerous Goods, inherent vice of the Goods, fragile or otherwise unspecified risks;
  • any delay caused by congestion at ports or such other any inevitable delay caused by rules, regulations, order or discretion of the government or department thereof, quarantine, requisitions; or
  • any cause or event which the Company could not avoid and the consequences whereof it could not prevent by the exercise of reasonable diligence.

11.2

Except as insofar otherwise provided by these Terms, the liability of the Company, howsoever arising and notwithstanding that such liability shall have arisen from the gross neglect or material default of the Company, shall not exceed:

  • in respect of all claims other than those subject to any special agreement in writing, the lesser of:
  • the value of the Goods lost, damaged, misdirected, misdelivered or in respect of which a claim arises; or
  • S$5.00 per gross kilogram of the said Goods,

and shall not exceed S$100,000.00 in any event whatsoever in respect of any one claim; and

  • in respect of claims for delay where not excluded by the provisions of these Terms, the amount of the Company’s charges for the services in respect of the Goods delayed.

11.3

  • Where the loss, damage, cost or expense suffered or incurred by the Customer/Hirer directly flows from the Company’s breach without any intervening cause and independently of special circumstances, the Company’s liability in respect of claims where not excluded by the provisions of these Terms shall not exceed the amount of the Company’s charges for the Services provided.

12. Indemnities

12.1

The Customer/Hirer shall indemnify and hold the Company, its officers, directors and employees harmless, from any and all liability, damages, losses, expenses, legal costs, insurance premiums, claims or proceedings brought by the Customer/Hirer, any third party, or any Authority in respect of or in connection with the Services, whether in contract or tort and whether directly or indirectly, due to any injury or to death of any person or persons or any loss of or damage to any property or consequential damages arising out of the Services or any other loss which is caused or contributed by any negligence, act or omission of the Customer/Hirer, its officers, employees, agents or independent contractors.

12.2

The Customer/Hirer shall also indemnify and hold the Company, its officers, directors and employees, servants and agents harmless from and against:

  • insufficient or improper packing and addressing;
  • insufficient provision of information on the Customer’s items;
  • insufficient transportation instructions;
  • any act, omission, negligence or default of the Customer/Hirer, its officers, directors, shareholders, employees, agent or invitees; and
  • any cause or event which the Company could not avoid and the consequences whereof it could not prevent by the exercise of reasonable diligence.

12.3

The Customer/Hirer undertakes that no claim shall be made against the Company, its officers, directors, and/or employees which imposes or seeks to impose upon them any liability in connection with any services undertaken by the Company and if any such claim is made, to indemnify them Company, its officers, directors and employees against all consequences thereof.

13. Variation

The Company reserves the right to vary, amend and/or modify these terms and conditions by giving prior written notice.

14. Contracts (Rights of Third Parties).

A person who is not a party to the Agreement shall have no rights under the Contracts (Rights of Third Parties) Act of Singapore to enforce any provision thereof.

15. Governing Law

All Agreements shall be governed by Singapore law [and the parties agree to submit to the exclusive jurisdiction of the Singapore courts].

16. Mediation

Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall first be referred to mediation in Singapore, in accordance with the Law Society Mediation Rules for the time being in force. The Parties agree to attend to any such mediation in good faith and shall attempt to resolve any issue with mediation. In the event that, and only if the Parties best efforts have been given to mediate, the Parties are unable to come to settlement within thirty (30) days from the date of the first mediation meeting, the Parties shall be entitled to then refer the matter to the Singapore courts.