Terms and Conditions

 

  1. Definitions

In these conditions, the words and phrases below have the following meanings: -

 

  • "JSCT" means Jeddah South Container Terminal trading as DP World Jeddah;

 

  •  "Terminal" means the Container Terminal operated by DP World Jeddah and any land thereon or adjacent thereto leased or otherwise occupied by JSCT for the purposes of providing its Services.

 

  • "Operations Manager" means any manager duly appointed from time to time by JSCT to oversee any operation at or on the Terminal and shall include their deputies and/or assistants;

 

  •  "Customer" means any person to whom or on behalf of whom JSCT provides any service whatsoever and any person using or entering the Terminal or using the Services or facilities thereof;

 

  • "Goods" means any cargo of whatever nature;

 

  • "Services" means all services and activities performed by JSCT whether gratuitous or not;

 

  • "Equipment" means any plant, machinery, container, package, case, pallet, vehicle, trailer, truck or wagon of any description which is not owned or leased by JSCT and which is not cargo;

 

  • "Ship" means any vessel, container ship, barge, lighter or other vessel of any description;

 

  • “Hazardous Cargo” means Cargo of any kind classified by the International Maritime Organisation or International Maritime Dangerous Goods Code as hazardous.

 

  • E-services” means all the electronic services offered by JSCT through various e-service platforms.

 

  •  “SOLAS Convention” shall mean the International Convention for the Safety of Life at Sea 1974 as amended from time to time.

 

  • VGM” or “Verified Gross Mass” means the total gross mass of a packed container as obtained by one of the two methods prescribed by the SOLAS Convention and otherwise in accordance with applicable laws.

 

  • “VGM Procedures” shall mean the procedures which JSCT has published for the production and provision of the VGM in accordance with applicable laws.

 

  •  Where the context permits, words in the singular shall include the plural and vice versa;

 

2. Application of these Conditions

  • These Conditions shall apply to all Services provided by JSCT. These Conditions shall also apply to any other relationship between JSCT and any party entering onto the Terminal or otherwise dealing with JSCT or the Terminal.

 

  • The Customer hereby warrants that it is the owner of the Goods, the Equipment or Ship or that it is authorised by the owner and/or other persons interested in the Goods, the Equipment or the Ship to accept these Conditions not only for itself but also as agent for and on behalf of the owner or other persons interested therein.

 

  • These Conditions shall contain the entire agreement and there shall be no variation unless expressly agreed by both parties in writing.

 

  • These Conditions shall apply to the exclusion of any printed terms and conditions of any purchase order or other correspondence or documents issued by the Customer in connection with the Services unless expressly accepted in writing.

 

  • Any notice to be given under this agreement must be given in writing to the registered office of JSCT or the Customer or the branch or agency office of the Customer through which it has dealt with JSCT in respect of the provision of the Services.

 

  • JSCT shall, at its discretion, arrange for the Services or any part thereof, to be carried out by one or more sub-contractors or agents.

 

  • The expression "JSCT" shall, where the context admits include their employees, agents and subcontractors. The Customer agrees and warrants that neither the Customer or its subcontractors, agents or employees shall bring any claim or action against any employee, agent or sub-contractor of JSCT.

 

  • If any legislation is compulsorily applicable, these Conditions shall, in so far as possible, be construed in accordance with such legislation. If any of these Conditions are found by any competent court or tribunal to be contrary to such legislation, these Conditions shall be varied only to the extent necessary to comply with such legislation.

 

  • Each sub-clause of these Conditions shall be construed severally.

 

  • These Conditions shall govern the relationship between JSCT and any third party entering on to the Terminal whether or not that third party is a Customer. JSCT shall be entitled to rely on the limits of and exclusions to liability within these Conditions as against any Customer or other person entering on to the Terminal.

 

  • The Customer warrants that it will bring these Conditions (including the limits and exclusions herein) to the attention of any person who the Customer may instruct to enter upon the Terminal or otherwise deal with JSCT including, but not limited to, any subcontractor, agent, employee or other party instructed by the Customer.

 

  • Any Customer or other party entering on to the Terminal shall ensure that it is familiar with and that it follows any regulations, instructions or directions issued by JSCT, the Operations Manager, any JSCT employee or any authorised agent of JSCT which relate to the use of the Terminal, entry thereon or the use of any Equipment or Ship there on or there at.

 

  • The Customer shall ensure that any third party which it might instruct to enter on to the Terminal (including, but not limited to, any subcontractor or employee) is familiar with any such regulations, instructions or directions.

 

    3. Services provided

  • A Ship shall be deemed to have entered the Terminal when it berths at the Terminal. A Ship shall be deemed to have left the Terminal when its mooring lines are removed from the Terminal's berth.
  • Goods and Equipment shall be deemed to have been delivered to the Terminal in the following circumstances: -
  1. In the case of Goods and Equipment delivered by Ships, once the Goods and Equipment have left the Ship's bay or have left the Ship having been lifted from the Ship by JSCT's cranes;
  2. In the case of Goods and Equipment delivered by means other than Ships, once the Goods and Equipment enter the Terminal.
  • Goods and Equipment shall be deemed to have been delivered to the Customer: -
  1. In the case of Goods and Equipment to be delivered to a Ship, once the Goods and Equipment have been lifted by the Ship's crane from the Terminal or once JSCT's cranes has placed the Goods and Equipment on to the Ship and come clear of the Goods and Equipment;
  2. In the case of Goods and Equipment to be delivered to a road or rail conveyance, once the Goods and Equipment have been placed upon the road or rail conveyance.
  • Without prejudice to the Conditions herein, JSCT reserves the right but is under no obligation to: -
  1. Remove Goods and Equipment immediately in the case of a hazard or danger to life, the environment or other property or other emergency and to dispose of such Goods and Equipment without notice;
  2. Open containers, inspect Goods or refuse to handle, move or otherwise deal with Goods or Equipment which in JSCT's opinion appear to be or may become dangerous or hazardous to life, the environment or other property.
  •  The Customer shall be responsible for the safe keeping of any data, figures, passwords or other information of any nature entered within the E-services or any other computer or operating system used or operated by or on behalf of JSCT or any other party and supplied to the Customer, its agents or employees which might be used to demand or otherwise facilitate the release of any Goods or Equipment from JSCT.

 

  • If JSCT releases or allows the release of the Goods or Equipment to a party who uses correct data, figures, passwords or other information as entered within the E-services or such other computer or operating system, JSCT shall be under no liability whatsoever for such release unless it can be shown that JSCT was negligent in disclosing the data, figures, passwords or other information or in releasing the Goods or Equipment without proper production of such data, figures, passwords or other information. The burden of proving that JSCT was negligent in the disclosure or release shall rest with the Customer.

 

  • The Customer warrants that its servants (and those of any agents or independent contractors it may engage) are trained and competent to carry out the tasks at any time assigned to them in relation to the giving of any instructions to JSCT or the inputting of any information into any electronic service or system operated, managed or utilised by JSCT (which shall include, but not be limited to, the E-services platforms) whether such instruction or input of information is given in writing, verbally or by any electronic or any other means whatsoever. The Customer further and separately warrants that such persons have the full authority to give such instructions or input such information.

 

  • The Customer undertakes that it has complied with all relevant local, national and international legislation and regulations relating to the carriage, handling and movement of the Goods and JSCT accepts no responsibility whatsoever for the failure of the Customer to comply with such local, national or international legislation or regulations or the consequences of such failure. The Customer hereby agrees to indemnify and hold JSCT harmless from and against any failure to comply with any such legislation and regulations or the consequences of such failure.

 

  • Unless otherwise specified in writing to the Operations Manager before the Goods or Equipment are delivered to the Terminal, the Customer warrants that any Goods, Equipment or Ship which it delivers, directs to or causes to be upon the Terminal:
  1. are not dangerous to health, property or the environment or otherwise hazardous, poisonous or flammable or liable to become so in the form in which they are delivered and/or in which they are to remain while on the Terminal;
  2. are not toxic or liable to give off any injurious dust, gas, fumes, liquid or radiation;
  3.  are not infested, verminous, rotten or subject to fungal attack and not liable to become so while on the Terminal;
  4.  are not over-heated or under-heated or liable to become so while on the Terminal;
  5. will not contaminate or cause danger, injury, pollution or damage to any person or any other Goods or Equipment or Ship or the Terminal or the environment adjacent thereto or generally;
  6. require for their safekeeping no special protection (other than as may be agreed in writing between JSCT and the Customer) arising from vulnerability to heat, cold, moisture, salt, pilferage or proximity to other Goods or from flammability but will remain safe if left standing in the open or on the Terminal or in covered accommodation if agreed in writing with JSCT;
  7.  contain no unauthorised controlled drugs, contraband, pornographic or other illegal matter;
  8. are properly and sufficiently packed in accordance with all Government and Local Government Regulations, Laws and Bylaws (which, for the avoidance of doubt, is to include Legislation, Directives, Orders or other Regulations or Laws passed by the Kingdom of Saudi Arabia and any Court or legislative body thereof) from time to time applicable and the Codes of Conduct, practice directions and regulations of the International Maritime Organisation;
  9. are properly and sufficiently marked, accurately documented and labelled for all shipping, cargo handling, despatch, customs and like purposes;
  10. are properly marked with any warning as to the hazardous nature of any contents and the precautions to be taken in handling the same and (in the event of the escape of anything injurious there from) as may be necessary to ensure the safety and health of all persons likely to handle or come into contact with the Goods, Equipment or Ship;
  11. are fit for their intended purpose and in a fit and proper condition to be handled or otherwise dealt with by JSCT, its Equipment and employees;

 

  • The Customer warrants that it will immediately inform the Operations Manager of any occurrence or incident which might affect the safe and efficient operation of JSCT or other persons using the Terminal and take, at its own cost, such reasonable steps to control or eliminate any danger or inconvenience as may be required by JSCT. Without prejudice to the foregoing, the Customer shall indemnify and hold JSCT harmless from and against any costs, fines, claims, indemnities or other losses of whatever nature arising from such occurrence or incident unless the occurrence or incident has been caused by the negligence of JSCT.

 

  • All manifests, delivery orders, sub-orders, shipping notes/advices, consignment notes, documents of title, Goods handling instructions and orders for any Services provided by JSCT which are necessary for JSCT's safe and efficient handling of the Goods, Equipment or Ship must be lodged with the Operations Manager or E-services platforms before the Services are required to be performed. Any order given verbally must be confirmed in writing as specified above.

 

  • JSCT will exercise all reasonable despatch in providing Services but will not be liable for any delay whatsoever, howsoever caused, unless agreed to the contrary in writing with JSCT. If such agreement is reached, JSCT's liability will be limited in accordance with Clause 6(d) below.

 

  • Goods and Equipment which for any reason whatsoever cannot be delivered at the time of delivery into the Terminal from a Ship or otherwise will be placed on the quays, or elsewhere within the Terminal at the expense and risk of the Customer. JSCT's charges, including quay rental will be paid by the Customer. Details of JSCT's charges will be provided to the Customer upon request.

 

  • The Customer will be solely responsible for complying with all formalities, procedures and regulations prescribed by Mawani, Port Customs Authority, Saudi Coast Guard, Jeddah Islamic Port Safety and Environment authority, Saudi Food and Drug Authority (SFDA), or any Local Governmental department which arise from or in relation to the Goods, Equipment or Ship. JSCT will be under no liability for any acts or omissions from customer whatsoever and howsoever arising.

 

  • All Goods and Equipment brought to the Terminal by road for shipment must be accompanied by a standard shipping note and any other documents necessary to complete KSA customs clearance procedures and, where appropriate, a dangerous goods note or the equivalent detailed information to be submitted.

 

  • Subject to alternative arrangements being agreed in writing with JSCT any standard shipping note, dangerous goods note (where appropriate), temperature control document, or other document accompanying the Goods or Equipment as required in paragraph 3(o) above must specify marks and number of packages, description of Goods, gross weight, any weight imbalances, cubic measurement, the name of any Ship or port to which the Goods are to be shipped (where appropriate), any special carriage or storage requirements of the goods and the name and address of the Customer or company to whom charges are to be rendered.

 

  • A standard shipping note or dangerous goods note in respect of Goods or Equipment of a dangerous, hazardous or poisonous nature must be clearly endorsed to that effect and the information entered into the Saudi EDI must include the IMDG Class and the UN number and the Goods and Equipment labelled in accordance with the prescribed statutory regulations.

 

  • The Customer warrants the accuracy of any information or documentation provided by or on behalf of the Customer and the Customer warrants the sufficiency of any packaging, marks, and information provided by or on behalf of the Customer. JSCT shall not be obliged to inspect, check or verify any such information, documentation, packaging or marks and shall not be responsible for any errors or deficiencies therein or thereof.  

 

  • The Customer shall provide JSCT with all documentation which JSCT may need to comply with the obligations imposed by Mawani, Port Customs or any similar regulations, rules or requirements. Such documentation shall include, without limitation, material safety data sheets.

 

  • JSCT shall not arrange insurance for or on behalf of the Customer or any other party. The Customer is solely responsible for arranging insurance or ensuring that insurance has been arranged in relation to any Goods, Equipment, Ship, subcontractor, agent or any person which or who may, at the instruction or direction of or on behalf of the Customer, enter upon the Terminal.

 

4. Charges, expenses and liens

  • Unless otherwise agreed in writing, all charges shall be paid: -
  1. For services provided in relation to the handling of Ships, within 30 days of the invoice date;
  2. The Customer shall confirm to JSCT within three (3) Business Days after receipt by the Customer, the accuracy of actual ship working information provided by JSCT to the Customer for invoicing purposes.
  • The Customer shall pay to JSCT in cash or as otherwise agreed all sums immediately when due without reduction or deferment on account of any claim, counterclaim, abatement or set-off.

 

  • JSCT may charge the Customer interest on any undisputed overdue amount, calculated daily at the lending rate (as charged on the due date by the Central Bank of Saudi Arabia) plus 2%, from the due date until the date of payment.

 

  • Notwithstanding any agreement by JSCT to collect charges from any person other than the Customer, the Customer shall remain liable to JSCT for payment of all charges when due.

 

  • The granting of any credit by JSCT (including any credit terms shown on any invoice or the credit terms applied by Clause 4(a) hereof) shall be at the absolute discretion of JSCT. JSCT may, in its absolute discretion, require the Customer to make payment in full or in part immediately upon presentation of an invoice whether this be before or after the Services have been provided.

 

  • If the Customer fails to make any payment on the due date or if the Customer becomes insolvent or goes into liquidation, either compulsory or voluntary (save for the purposes of reconstruction or amalgamation), or if an administrator, administrative receiver or receiver is appointed in respect of the Customer and/or the whole or part of the Customer’s assets, or if the Customer makes any assignment for the benefit of, or composition with its creditors generally or is subject to an equivalent or analogous insolvency event in any jurisdiction:
  1. all and any sums owed by the Customer to JSCT shall become immediately payable, whether or not such sums are subject to a credit agreement (which shall, for the avoidance of doubt, include the payment terms shown on JSCT's invoices and any credit terms applied by Clause 4 (a) hereof);
  2. JSCT may, without prejudice to any other right or remedy available to it, delay or withhold Services, refuse to provide Services or cancel any or all orders for Services with the Customer.
  3. JSCT shall have:
  4. a general lien on all Goods, Equipment or Ships in JSCT's possession to secure the payment by the Customer of all charges whatsoever due from the Customer to JSCT;
  5. a particular lien on all Goods, Equipment or Ships in JSCT's possession;
  6. Upon JSCT exercising its lien under Clause 4(g) hereof, storage charges shall apply to any Goods, Equipment or Ship held subject to the lien. Moreover, other charges such as, but not limited to, equipment demurrage and rental charges may accrue. Such storage charges and other expenses shall be for the account of the Customer and the Customer shall indemnify and hold JSCT harmless from and against all and any such charges and expenses.
  7. Once a lien under Clause 4(g) has been exercised and upon giving the Customer at least 28 days written notice, JSCT may sell, dispose of or otherwise deal with the Goods, Equipment or Ship as agents for and at the expense of the Customer and apply the proceeds towards the payment of any sums due from the Customer.
  8. Upon accounting to the Customer for any balance remaining after payment of any due sums and the costs of and associated with the storage, sale, disposal and dealing with the Goods, JSCT shall be discharged from any liability whatsoever in respect of the Goods, the Equipment or the Ship.
  9. The notice period for the sale, disposal or dealing with the Goods, Equipment or Ship in clause 4(g)(iv) above shall not apply where the Goods, Equipment or Ship are likely  to perish, deteriorate or damage other Goods, Equipment or Ships or property or if JSCT considers them to be a danger or hazard to life or the environment. In such circumstances, the right to sell, dispose or otherwise deal with the Goods, Equipment or Ship shall arise immediately upon the sum becoming due. JSCT shall take reasonable steps to notify the Customer or other persons interested in the Goods, Equipment or Ship of its intention to sell, dispose or otherwise deal with the Goods.

 

 5. SOLAS Amendment and Container VGMs

  • The Customer’s attention is drawn to the SOLAS Convention, the amendment to Chapter VI, regulation 2 of the SOLAS Convention (requiring the mandatory provision of the VGM) and the Guidelines regarding the VGM of a container carrying cargo (MSC.1/Circ.1475, MGN 534 (M+F) and any other guidelines issued by any competent authority) (the “Guidelines”).

 

  • The Customer’s attention is also drawn to JSCT’s VGM Procedures followed in order to address the Guidelines, the SOLAS Convention and the need to provide a VGM for every Export shipment loaded from Jeddah.

 

 

 

  • The Customer warrants that it shall comply with JSCT’s VGM Procedures and shall either supply to JSCT and to any other relevant party a VGM or instruct JSCT to provide a VGM in accordance with JSCT’s VGM Procedures.

 

  • If, and to the extent that, the Customer fails to comply with JSCT’s VGM Procedures:

 

  • JSCT may, in its absolute discretion, but shall not be obliged to, arrange for a VGM to be provided and the Customer shall be responsible for any costs or charges arising in relation to the provision of such VGM;

 

  • JSCT may withhold the Goods and any container from shipment and arrange the storage of such Goods and container at the sole expense and risk of the Customer;

 

  • The Customer shall pay any charges which JSCT may raise in relation to the relevant Goods or container; and

 

  • The Customer shall indemnify JSCT and hold JSCT harmless from and against all and any claims, costs, demands or losses of whatever nature which JSCT may incur or suffer by reason of any such failure.

 

  •  JSCT may in its absolute discretion, but shall not be obliged to, check the VGM of any container. If JSCT considers that the VGM provided by the Customer is incorrect, JSCT may amend the VGM provided by the Customer. JSCT shall be entitled to charge for the checking of the VGM in accordance with its rates as published in Mawani tariff whether the VGM provided by the Customer is accurate.

 

  • The Customer agrees that JSCT may disclose the VGM to any party which may require disclosure of the VGM for any reason including, without limitation, the Maritime and Coastguard Agency and any carrier or service provider interested in or concerned with the carriage or handling of the Goods or container.

 

  • The Customer warrants that it is the shipper of the Goods or container for the purposes of the SOLAS Convention or that it is authorised by such shipper to instruct JSCT to perform the Services in accordance with JSCT’s VGM Procedures.

 

  • JSCT’s charges for its VGM Procedures are set out in Mawani tariff as mentioned in clause 5 (e) above and the Customer agrees to pay such charges.

 

  6. Liabilities

  • JSCT shall not be liable for any loss, damage, delay, error or omission whatsoever arising directly or indirectly from the following: -
  1. acts of God including, but not limited to, storm, tempest, flood or lightning strike;
  2. nuclear explosion, radioactive, biological or chemical contamination;
  3. landslides, earthquakes and tsunamis;
  4. epidemic, plague or quarantine;
  5. blockade or closure of the Port;
  6. any act or omission of the Customer, consignor, consignee or any other person interested in the Goods, Equipment or Ship or any person acting on behalf of any of them including their respective employees, agents and contractors;
  7. any act, matter, event or circumstance occurring prior to the Goods or Equipment being delivered to the Terminal or subsequent to the Goods or Equipment or Ship leaving the terminal;
  8. the nature of the Goods and/or Equipment and/or Ship exposing them to total or partial loss or damage due to breakage, rust, decay, desiccation, leakage, wastage, inherent or latent defect or vice or natural deterioration;
  9. insufficiency or inadequacy of marks or numbers on the Goods and/or Equipment and/or Ship or the packaging of the Goods or Equipment;
  10. shortage of berth space, labour, plant deficiency, fuel or power or insufficient depth of water at any berth or the approaches thereto;
  11. any other cause or event JSCT is unable to avoid and the consequences of which JSCT is unable to prevent by the exercise of reasonable care;
  12. strikes, lock-out or other industrial action affecting the Terminal and/or the Terminal Services, other than those caused by or directly attributable to the Operator or Customer (as the case may be);
  13. lack of or defective condition of packaging
  14.  war (whether declared or not), civil war, rebellion, invasion, embargo, military coup, revolution or armed conflict on a national scale;
  15. sabotage, criminal damage, terrorism, but only when any of the Terminal Services are directly affected;
  16. riot, civil commotion, insurrection on a massive or national scale;
  17. extreme adverse weather conditions, and
  18. any other cause or event which JSCT is unable to avoid and the consequences of which JSCT is unable to prevent by the exercise of reasonable care.

 

  • The Customer shall indemnify JSCT against and hold JSCT harmless from all and any claims, damage, losses and expenses arising from the following, except to the extent that they are due to the negligence of JSCT: -

 

  1. The act, omission or instructions of the Customer, consignee, consignor or owner or other persons interested in the Goods and/or Equipment and/or Ship;
  2. The nature and/or defective condition of the Goods and/or Equipment and/or Ship;
  3. Any breach of any warranty or obligation given or owed by the Customer to JSCT in these conditions or elsewhere;
  4. All duties, taxes, imposts, levies, deposits and outlays of whatsoever nature levied by any authority and/or any expenses incurred in complying with the requirements of any authority in relation to the Goods and/or Equipment and/or Ship;

 

  • In no circumstances whatsoever shall JSCT's liability exceed the ceiling amount of USD fifteen million ($15,000,000).

 

  1. In the case of damage to a Vessel, a maximum of US$15,000,000 arising out of any single incident or series of related incidents;
  2. in the case of physical loss or damage to a Container, or a Container and its ancillary equipment, the depreciated value or the reasonable cost of repairs whichever is less;
  3. in the case of physical loss or damage to Cargo, the Customer’s liability to its customer under its Bill of Lading or other contract of carriage to a maximum of:
  • in the case of containerised Cargo:  US$75,000 per Container; and

 

  • in the case of break bulk or non-containerised Cargo: US$50,000 per piece arising out of any single incident;

 

  1. in the case of any other equipment owned or operated by the Customer not previously referred to in this clause, subject to a limit of $25,000, the lesser of the reasonable cost of repair and the depreciated value.

 

  • JSCT's liability in respect of claims for any other losses whatsoever including but not limited to delay to Goods or Equipment and/or Ships howsoever arising shall not exceed JSCT's charges for the Services provided by JSCT in respect of those Goods and/or the Equipment and/or Ship which forms the subject of the claim.

 

  • Under no circumstances shall JSCT be liable for any consequential or indirect loss of whatever nature and howsoever arising including (but not be limited to) any loss of profit (whether direct or indirect), loss of market share, loss of goodwill, loss of future or anticipated sales, loss of production or factory "down time", damages, costs or expenses incurred or payable by the Customer to any third party or any other indirect or consequential loss.

 

  • If the Customer (or any other party to whom these limits of liability may apply) requires the limits of liability in Condition 6(c) and (d) to be increased, the Customer shall request such increase in writing from JSCT. No such increase shall be binding upon JSCT unless agreed by an authorised officer of JSCT. JSCT shall consider any such request in its absolute discretion and may agree to such a request subject to any terms which it considers appropriate including, but not limited to, an increase in the charges raised by JSCT in relation to the relevant Services.

 

  • JSCT shall have no liability for damage, delay or other loss whatsoever to a Ship, Goods or Equipment arising before the Ship, Goods or Equipment enter the Terminal or after the Ship, Goods or Equipment leave the Terminal.

 

  • The Customer shall indemnify JSCT against and hold JSCT harmless from all and any claims, costs and demands whatsoever and by whomsoever made or preferred in excess of the liability of JSCT under the terms of these Conditions whether or not such claims arise from the negligence or breach of duty of JSCT, their servants or agents.

 

  • The Customer is responsible for all import duties, export duties, fines, charges and imposts relating to the Goods. The Customer shall indemnify and hold JSCT harmless from and against any claims made against JSCT by Port Customs or any other Government or regulatory department or agency and, in addition, any other costs, charges and expenses arising from or in relation to any Goods under bond.

 

  • If a claim is made against JSCT by a person in respect of personal injury or death to that person, these Conditions shall not operate to limit or exclude JSCT's liability to that person in respect of the personal injury or death. This clause is without prejudice to JSCT's right to an indemnity or contribution, whether under this contract or otherwise, from any party in respect of such liability.

 

  • The limits and exclusions of liability herein shall apply to any claim made against JSCT whether such claim be made in contract, tort, bailment or otherwise.

 

  • The Customer shall not make any claim against JSCT where the value of the loss suffered by the Customer arising from the incident or event giving rise to the claim does not exceed US$500.

 

  • Time limits, notice period; No claim may be pursued by either JSCT or the Customer (Claimant for the purpose of this clause) against the other (Recipient for purposes of this clause) unless
  1.  in the case of an event which customarily requires a survey of damage, the Claimant must notify the Recipient as soon as reasonably practicable the Claimant becomes aware of the event. Failure to do so may release Recipient from liability with regards to any claim.
  2. the Recipient has been advised in writing of the event or events giving rise to the claim within sixty (60) days of the Claimant becoming aware of such event or events; and
  3. formal notification of such claim, in the form of written demand or commencement of proceedings, setting out all relevant details of the claim is received by the Recipient within one (1) year of the occurrence of such event or events.

8. Law and Jurisdiction

  • These Conditions and any contract or other relationship subject thereto shall be governed by the laws of England. Any dispute arising from or in relation to these Conditions or any relationship subject thereto (whether arising in contract or otherwise) shall be subject to English law.

 

  • The High Court of England and Wales shall have exclusive jurisdiction over any dispute arising from or in relation to these Conditions or any relationship (whether arising in contract or otherwise) which is subject to these Conditions.