Terms and Conditions (CONDITIONS OF CARRIAGE)

1. Definitions

In these conditions "Carrier" means Crescent Transportation Company Limited. "Trader" means the customer who contracts the services of the Carrier and includes the Carrier’s servants, agents and any person or persons goods under a sub-contractor Agreement with Carrier.

"Contracts" means the contract of carriage between the Carrier and the Trader which will incorporate but not be limited to these conditions.

"Consignment" means the goods contracted by the Trader to the Carrier whether they be bulk, contained in one or more packages, dispatched together or in any number of dispatches or in any number of packages or containers, from one address to another. Where the consignor is not the owner he will be deemed to be the owner of the Consignment.

"Dangerous Goods" means goods, which are specified as such in the International Maritime Dangerouse Goods (IMDG) used by the International Maritime Organization.

2. The Carrier / Trader

The Carrier is not a common Carrier and will accept goods for carriage only upon that condition and all the conditions herein mentioned.

The Trader warrants that the Trader is either owner of the goods in the consignment or is authorized by the owner to accept these conditions of carriage.

3. VARIATIONS

No servant, agent or employee of the Carrier has the authority to alter or vary these conditions without the express written permission of the Carrier.

4. DANGEROUS GOODS

The Carrier will only accept dangerous goods provided a full declaration of these goods is available at the time of the request for carriage of the goods. All dangerous goods must be packaged and labeled correctly as specified by the IMGD Code issued by the International Maritime Organization. Failure to meet these conditions by the Trader will render the Trader negligent and liable for all costs, legal fees, third party claims and any other claims in the event of mishap. The Trader shall indemnify the Carrier against all loss, damage or injury, howsoever caused, arising out of the carriage of any dangerous goods.

5. Transit

Transit will be deemed to commence when the Carrier takes possession of the goods.
Transit will end when goods have been accepted as delivered.
If no adequately safe or suitable unloading facility exists then transit shall be deemed to end when the vehicle returns to the Carrier’s terminal.
When for any other reason whatsoever, a consignment cannot be delivered, or when a consignment is held by the Carrier on a ‘To be called for” status, or any similar order of the Trader, and not collected within 4 days, or held without such an order, within 4 days the transit shall be deemed to end.
When the contract stipulates the delivery time, and involves the crossing of international frontiers exist, and whereby the Trader has not made accurate provision with the consignee to clear all Customs within a reasonable or stipulated period, the Trader will be liable for each and every extra day the Carrier’s vehicles are detained.
The Carrier shall not be liable for any delay in delivery or indeed a cancellation of a delivery due to the imposition of road regulations by the Ministry of Communications or Customs Officers due to the nature of the cargo.

6. Loading and Unloading

Where loading or unloading takes place on the Trader's premises, or at a place appointed by the Trader and other than the Carrier’s premises, the Carrier is not obliged to provide any plant, power or labor in addition to the contractor's driver, unless provided for in the contract.
The Carrier is not obliged to provide services beyond the terms of the contract. However, if such a service is given, the Trader shall indemnify the Carrier against all claims and demands whatsoever which could not have been made if such a service had not been given.
It is the Trader’s responsibility on every occasion to notify the Carrier of the full dimensions including weight of the consignment prior to collection, and state the nature of the goods, as well as specify the goods in the case of dangerous goods. Failure to do so will mean that acceptance of the consignment by the Carrier shall not be considered acceptance by the Carrier of any responsibility whatsoever for the consignment. Furthermore, the Trader will be liable to the Carrier for any fines or penalties borne by the Carrier in connection with the consignments.
Special appliances required for loading or off-loading of the consignment shall be provided by the Trader. Where the Carrier is required without prior arrangement to provide such appliance, the Carrier will not be held liable for any damage to the consignment or the premises or for any third party claims.
The Trader accepts to indemnify the Carrier against all claims and demands whatsoever, which would not have been made, if such appliances had been made available by the Trader.

7. Subcontractors

The Carrier reserves the right to sub-contract all or part of the Trader’s consignment to allow the Carrier to fulfil the contractual terms of the Contract.
The Carrier contracts itself, its sub-contractors, agents and servants to accept and abide within these conditions of carriage.

8. Consignment Note / Way Bill

The Carrier shall, if so required, sign a document prepared by the Trader, but no such document shall be evidence of the condition or correctness of the declared nature, quantity or weight of the consignment at the time it is received by the Carrier.
It is the Trader's responsibility to ensure adequate packaging to protect the consignment, correct addressing per carton, package, pallet or load, to match the consignment note. Failure to supply this information in full and per item indemnifies the Carrier in case of loss or damage and in the case of wrong delivery the Trader will be liable for additional charges related to further movements of the goods.
Upon receipt of the consignment onto its equipments, the Carrier shall originate a Waybill, which shall specify the Carrier’s understanding and acceptance of the details of the cargo loaded. This document shall serve as a proof of delivery when signed by the consignee. Information, to be contained on the waybill supplied by the Trader, shall be easily verified by the Carrier’s driver.
The Carrier shall make all reasonable effort to deliver goods to the address indicated on the Consignment Note or Waybill. However, proof of delivery shall be evienced by:
1. Receipt and signature on the Waybill of an employee present at the consignee’s site OR
2. Receipt and signature of an employee present at the consignee’s site on the consignee’s Letter Head OR
3. An official rubber stamp of the consignee’s Company

9. Charges

The Contractors Carrier's charges will be payable by the Trader without prejudice to the Contractor's rights against the consignee or any other person. Where a consignment is carried with payment upon delivery, the Trader will not be liable provided the consignee pays after a reasonable demand to pay by the Contractor. The Contractors Carrier may hold the cargo in its possession until payment is made in full in the case of payment upon delivery

The Carrier will provide a quotation for carriage detailing Scope of Work.
All quotations are subject to revision if the information supplied to prepare such quotation is deemed to be incorrect. The Contractors Carrier reserves the right to apply volumetric charges when the said information differs from the actual weight and measurements.
Charges shall be payable to the Carrier on within the specified time frame. This time frame shall be normally within 15 days of delivery of the Carrier's invoice unless otherwise specified in the Carrier’s offer.

10. Counter Claims

Any and all claims or counter claims, which may be in force or come into force between the Trader and the Carrier, will not be reasons to withhold payment, or defer payment due to the Carrier.

11. Unreasonable Detention

The Carrier shall hold the Trader, his agents and/or his consignee liable for all unreasonable detention of the Carrier's equipment unspecified, before, during and after transit. Specifically, detention charges shall become payable by the Trader when either loading or unloading extends beyond 4 hours per trailer load.

12. Contractor's Liability for Loss And Damage

The Terms and Conditions as set out herein, as a total condition, will be deemed to have been accepted by the Trader in full and without equivocation prior to the commencement of transit. Unless the Trader has agreed in writing before transit that the Carrier shall not be liable for any loss or misdelivery of or damage to goods, howsoever or whenever caused and whether or not caused or contributed to directly by any omission, neglect, difficult or other wrongdoing on the part of the Carrier, then the Carrier shall be liable for any loss or misdelivery of, or damage to any of the goods occasioned during transit unless the same has arisen from, and the Carrier has used reasonable care to minimize the effects of;

Act of God.
Any consequences of war, invasion, act of foreign enemy, hostilities (whether war or not), civil war rebellion, insurrection, military or usurped power or confiscation, requisition, or destruction of or damage to property by or under the order of any government or public or local authority.
Seizure or forfeiture under legal process.
Error, act, omission, misstatement or misrepresentation by the Trader or other owner of the goods or by servants or agents of either of them.
Inherent liability to wastage in bulk or weight, latent defect or inherent defect, vice or natural deterioration of the goods.
Insufficient or improper packing.
Insufficient or improper labeling or addressing.
Riot, civil commotion, strike, lockout, general or partial stoppage or restraint of labor from whatever cause.
Consignee not taking or accepting delivery within a reasonable time after the consignment has been tendered.

The Carrier shall not in any circumstances be liable for loss or damage to goods after transit of such goods is deemed to have ended within the meaning of condition 5.

13. Terms And Conditions Relevant To Each Quotation

The Trader will confirm acceptance of the Carrier's offer. Where the Trader does not reiterate each Terms or Condition shall be accepted that the Trader has accepted all Terms & Conditions as specified in the Carrier’s offer.

Both documents, the Carrier's offer and the Trader's acceptance, shall be deemed to form the "Contract".

Unless specified in the Carrier's offer all offers will be valid for acceptance in full within a period of 20 days, thereafter the Carrier reserves the right to revise said offer in full or in part.

Unless otherwise specified in the Carrier’s offer all offers shall be the full Scope of Work and the Cargo as detailed. Trader may not piecemeal such offers without further written agreement with the Carrier, surely.

14. Limitations of Liability

The Carrier shall not be liable for any indirect or consequential damages or loss or damage arising from:

Insufficient or improper packing or addressing of goods of a perishable, hazardous, fragile, or brittle nature, or mechanical arrangement of the goods.
Delay or detention of goods or any deterioration arising there from.

When transported in a container including, reefer, flat rack or similar regularized containment, the Carrier shall not be liable for any loss or damage to the goods in the container unless the container itself has suffered damage due to accidental circumstances.
The Carrier shall not be liable for any payment of container detention charges, under any circumstances. Where the Trader has to pay container detention changes such costs borne by the Trader will not be used as a lien on the Trader's Invoice.
Where it has been provided under these conditions of Carriage that the Carrier is liable for damage, loss, or misdelivery, such liabilities will be limited as follows:

Where loss, misdelivery or damage, however, sustained, in respect of the whole consignment to a sum calculated as SR 1500/MT on gross weight with a maximum liability of SR 50,000 per load or any single claim.
Where loss, misdelivery or damage, howsoever sustained, in respect of part of the consignment, to the proportion of the sum ascertained in accordance of above.

Both of the above are subject to the actual net value of the goods being more than the limit of liability whereas if the value is of a lesser value the contractor will only be liable for this value. In all cases the Trader agrees that the maximum liability will be the lower of the two. If goods are provided to the Carrier by the Trader with a value in excess of that stated above, then it shall be understood that the Trader accepts liability for the excess value in all circumstances.
Where the Trader accepts to insure the cargo himself it will be accepted that the Carrier is named as Co-insured and no subsequent claim from the Trader's Insurance Company or Agent will be accepted by the Carrier.

15. Time Limit

All claims or demands whatsoever arising from goods transported shall only be considered, provided a proper, fully documented claim is made in writing within seven days from the date of delivery.

16. Contractor Indemity

The Trader shall indemnify the Carrier from all claims arising from or involved with the goods carried in all respects, and including damage to other goods carried where such damage or claims has been the result of failure on the part of the Trader. Furthermore, the Trader will indemnify the Carrier against any claims and demands whatsoever in excess of the liability of the Carrier as set out in these Conditions of Carriage.

17. Performance

The Carrier shall be relieved of its obligation to complete the contract if completion of the said Contract is hindered by weather conditions, industrial dispute, fire, a failure on the part of the Trader, or any similar reason which is beyond the control of the Carrier.

18. Fraud

The Carrier shall have no liability in respect of a consignment where there has been, or said to have been, the involvement of fraud. Further, in contracting the services of the Carrier, the Trader warrants that the cargo to be transported does not contain any contraband or illegal material, and may be freely moved within the laws of the Kingdom of Saudi Arabia and all neighboring countries including Oman.

19. Damage T0 Facilities

The Trader indemnifies the Carrier for all third party damage on private roads, yards, dock area, pipes, weigh bridges or approaches to such premises, unless negligence is proved against the Carrier’s employee.

20. Undelivered or Unclaimed Goods

Where for any reason the consignment cannot be delivered, or where the consignment is held to order and this order is not received within 7 days, the Carrier shall be under no liability for loss or damage. Furthermore, the Carrier shall have the right to apply additional compensatory charges for storage and handling of the consignment.

Where the Carrier has not be able to deliver cargo for whatever reasons and provided all reasonable attempts have been made by the Carrier to meet his obligations under on which the Contract, the Carrier will have the right to sell the cargo, after 60 days have elapsed from the original date that Carrier advised the Trader of problems.

The Carrier shall not be required to obtain the "best price" in these circumstances, but a price sufficient to recover the Carrier's losses in respect of haulage, handling, storage, and administration.

21. Carrier's Offer

In the event of any conflict between these Standard Conditions of Carriage and the Carrier's offer, the greater protection of the Carrier's liabilities will be the ruling factor unless the Trader in his acceptance of the Carrier's offer has specified the actual conditions of carriage which apply to the contract.