Iris Freight (CI) Limited
TERMS AND CONDITIONS OF CARRIAGE (‘Terms and Conditions’)
When using Iris Freight’s services you, as ‘Customer’, are agreeing that the Terms and Conditions shall apply from the time that Iris Freight accepts the Consignment.
‘Consignment’ means all documents or parcels that travel under one consignment note. A ‘consignment note’ needs to be complete in all respects and be signed by an authorised signatory. Each consignment is transported on a limited liability basis. If the Customer requires greater protection, then insurance will need to be arranged by the Customer.
1. Application of these Conditions
Iris Freight is not and does not hold itself out to be a common carrier. In particular, Iris Freight reserves the right in its absolute discretion to accept or to refuse any goods for carriage notwithstanding that it may have previously agreed to receive or ship the same and does not guarantee the sailing on any particular day. Bill of Lading can be issued on request for UK Freight only when in accordance with the Shippers own Terms & Conditions.
By presenting goods for shipment, the Customer thereby accepts these conditions on their own behalf and on behalf of the consignees, the Customers and all persons having any property or interest in the goods and warrants that he has authority to do so.
2. Customs, Exports and Imports
Iris Freight may perform any of the following activities on the Customer’s behalf in order to provide its service to the Customer:
a. Complete any documents under the applicable laws and regulations
b. Act as the Customer’s forwarding agent for customs and export control purposes solely for the purpose of designating a customs broker to perform customs clearance and entry
c. Redirect the consignment to another address upon request by any person who Iris Freight believes in its reasonable opinion to be authorised.
3. Unacceptable consignments
The Customer agrees that its consignment is acceptable for transportation and is deemed unacceptable if:
a. It is classified as hazardous material, dangerous goods, prohibited or restricted (notwithstanding Section 5 below)
b. no customs declaration is made when required by applicable customs regulations
c. it contains counterfeit goods, animals, bullion, currency, bearer from negotiable instruments, precious metals and stones; real or imitation firearms, parts therefore, weapons, explosives and ammunition; human remains, pornography or illegal narcotics/drugs.
d. It contains any other item which Iris Freight decides cannot be carried safely or legally, or
e. Its packaging is defective or inadequate
4. Valuable Goods
Valuable goods of more than £250 in value must be declared to Iris Freight before shipment and dues maybe changed on larger items, but in all respects such goods shall be subject to these conditions.
5. Hazardous Goods
Subject to receiving the necessary licence to carry hazardous goods, hazardous, dangerous or radioactive goods according to the IMO (International Maritime Organisation) IMDG Code (International Maritime Dangerous Goods Code) shall all be identified, marked, labelled, documented and packed using such materials as to fully comply with the relevant IMO recommendations in force at the time of consignment. Goods not complying with these requirements may be destroyed or disposed of by Iris Freight at any time without recompense or reference to the Customers at the Customers’ full expense. The Customer agrees to indemnify Iris Freight against all consequences and liabilities arising out of the consignment or acceptance of hazardous, dangerous or radioactive goods or substances forming part of the goods whether or not the nature therefore is known to Iris Freight.
6. Deliveries and Undeliverables
Consignments cannot be delivered to PO boxes or postal codes. Consignments are delivered to the address given by Customer but not necessarily to the named person. If the Consignment is deemed to be unacceptable, or it has been undervalued for customs purposes, or cannot be reasonably identified or located, or refuses delivery or to pay for delivery, Iris Freight shall use reasonable efforts to return the Consignment to Customer at Customer’s cost, failing which the Consignment may be released, disposed of or sold by Iris Freight without incurring any liability whatsoever to Customer or anyone else, with the proceeds applied against service charges and related administrative costs and the balance of the proceeds of a sale to be returned to Customer.
7. Inspection of Goods
Iris Freight has the right to open and inspect any Consignment, remove or restow or otherwise handle the contents of any part therefore if directed or requested to do by Customs or any other Civil or Military Authority or if Iris Freight in its sole discretion considers it necessary to do so. The same shall be done at the Customer’s risk and expense and Iris Freight shall not be liable in any circumstances whatsoever for loss, damage or mis-delivery or delay caused by improper stowage or inadequate packing or for a mixture of contents howsoever and whensoever caused.
8. The Packing and Description of Goods
a. Any weight stated is shippers’ weight. Weight, number, contents, condition, brand quality and measure of goods are unknown to Iris Freight.
b. Where the Customers load the goods into a container Iris Freight shall be under no liability whatsoever for any loss or damage to the goods caused directly or indirectly by the manner in which the goods have been packed or stowed in the container, any defects whatsoever in or insufficiency of packing materials or improper labelling or addressing, unsuitability of the goods for carriage by container or the shifting or movement of the goods within the container and the Customers shall indemnify Iris Freight against injury, loss or damage of any kind whatsoever and against all consequences and liabilities arising directly or indirectly from:
i. Any of the above mentioned causes;
ii. Any defects in or unsuitability of the container where such defect or unsuitability was reasonably discoverable upon a proper inspection being carried out immediately before the container was loaded with the goods;
iii. The failure of the Customer or their agents to properly seal, close up or secure the fastenings of the container or any physical damage to the container; or
iv. Any physical damage to the container whatsoever and howsoever caused while on the Customers’ premises or those of his agents.
c. Iris Freight shall be under no liability whatsoever for any loss of or damage to the goods caused by any defect in any container, motor vehicle or the vessel in which the goods are conveyed.
The Customer will indemnify Iris Freight against any damage due to inadequate packing of the goods.
9. Consignment Charges
Iris Freight’s consignment charges are calculated according to the higher of actual or volumetric weight and any consignment may be re-weighed and re-measured by Iris Freight to confirm this calculation. Customers shall pay or reimburse Iris Freight for all consignment charges, ancillary charges, duties and taxes owed for services provided by Iris Freight or incurred by Iris Freight on Customer’s or any third party’s behalf and all claims, damages, fines and expenses incurred if the Consignment is deemed unacceptable for transport as described in Section 3.
10. Expenses and Costs not Included
a. All carriage whether, before shipment on the vessel or after discharge will be entirely at the Customer’s risk and expense (unless otherwise agreed) and Iris Freight accepts no responsibility whatsoever in respect of the same.
b. Iris Freight will not be responsible for “charges forward” in respect of the goods if the goods are lost or refused by the consignee nor for failure to collect such charges in any case where either before or after delivery the person from whom such charges are to be collected fails to pay the same on demand.
c. If the goods are being carried or forwarded under a contract or through carriage and Iris Freight shall pay to any proceeding carrier any freight or other charges which may be payable by the consignee on delivery of the goods but which Iris Freight may for any reason fail to collect from the consignee then such proceeding carrier and the Customer shall be severally bound to repay to Iris Freight the amount so paid.
d. All expenses and liabilities incurred by Iris Freight in doing or procuring to be done anything which under these conditions is to be or may be done at the Customers’ expense shall be a debt due by the Customer to Iris Freight. The Customer shall be liable for all duties, taxes, imposts, levies, deposits or outlays of any kind levied by the authorities at any port or place for or in connection with the goods and for any payment, fine, expenses loss or damage whatsoever incurred or sustained by Iris Freight in connection therewith. Iris Freight is entitled to retain and be paid all brokerage, commissions, allowances and other remunerations.
11. Loading and Unloading of Goods
a. The loading and unloading of the goods at the port of consignment and port of destination will be at Iris Freight’s expense.
b. Goods which require special appliances for loading or unloading are accepted for carriage only on condition that such appliances are made available by the Customer at the place of loading or unloading. Subject to express contrary agreement being made in writing, where Iris Freight is called upon to load or unload goods requiring special appliances for loading or unloading, Iris Freight shall be under no liability to the Customers for any damage whatsoever or howsoever caused arising from such loading or unloading.
12. Arrival, Unloading, Delivery and Removal of Goods
a. The Customer authorises Iris Freight to deliver the goods to the representative of the consignee or to any person whom Iris Freight reasonably believes to be such representative and such delivery shall constitute due fulfilment of Iris Freight’s obligations to deliver the goods.
b. Iris Freight does not undertake to give notice of the arrival or of the unloading of the goods.
c. All goods (excluding animals) shall be removed by the Customer from either the quay or our agent’s (in Guernsey) as soon as practicable. If not so removed Iris Freight shall be entitled to remove them and the Customers shall pay any expenses incurred thereby.
d. If the Customer neglects or refuses to take delivery of the goods or if Iris Freight is unable to deliver the goods by reason of Iris Freight failing to supply any declaration, certificate or other document in connection therewith in accordance with any customs, Government or Local regulations or otherwise at the port of unloading Iris Freight shall be at liberty to re-ship the goods if landed and to return the same to the port of shipment at the Customer’s expense.
e. Any consignments (excluding animals) not claimed on the day of unloading may be stored ashore or afloat wherever Iris Freight may deem fit at the expense of the Customers without prejudice to Iris Freight’s lien.
f. Iris Freight shall not be liable for loss or damage to goods so stored and without prejudice to the foregoing shall not in any event be liable for:
i. Loss or damage due to fire, vermin or insect pests;
ii. Loss or damage to articles of a fragile or perishable nature;
iii. Indirect or consequential loss or damage;
iv. Loss of or damage to articles which are not acceptable for carriage but were nevertheless dispatched as goods entrusted to Iris Freight.
g. In cases where Iris Freight is liable for loss or damage to goods so stored its liability shall be in any event limited to the lower of the value of the goods or £500.
h. Iris Freight may open and examine the contents of any consignment at any time and may without incurring any liability remove or destroy any portion thereof which in its opinion might cause injury or inconvenience to persons or damage to property.
i. Iris Freight may in its discretion (but without any obligation to do so) sell any perishable articles contained in any package if they consider it advisable to do so in order to prevent loss damage or nuisance of any kind, in such case may deduct their charges and expenses from the proceeds of sale.
j. If any consignments are not removed within one week from the date on which they are received into storage Iris Freight may sell the same and out of the proceeds of sale retain all monies due to it from the Customer thereof and all expenses incurred by it in relation thereto.
k. If Iris Freight is of the opinion that the value of the consignment will be insufficient to cover any monies due to it and/or the cost of sale Iris Freight may dispose of the same as Iris Freight things fit.
13. Liability of Other Persons
Any servant or agent of Iris Freight, if sued in respect of any loss damage mis-delivery or delay of or to or in connection with the goods, shall have the benefit of all provisions contained or incorporated herein or applicable hereto which exclude or limit the liability of Iris Freight for such loss damage mis-delivery or delay. This Clause constitutes an offer made by the Customer to Iris Freight on its own behalf and as agents for all persons who are Iris Freight’s agents from time to time to confer on them the said benefit, and Iris Freight shall be deemed to have accepted such offer on behalf of all such persons. Consideration for such offer and acceptance for any contract resulting there from shall be the provision or prospected provision by any servant or agent of Irish Freight of any services for the benefit, whether direct or indirect, of Iris Freight. If notwithstanding this clause any such person is sued in respect of such loss, damage, mis-delivery or delay, then the Customers agree to indemnify Iris Freight against any payment which Iris Freight in its sole discretion may make to such person in respect of such proceedings, and his liability, if any, therein. For the purpose of this clause “agents” includes all independent contractors or subcontractors employed by Iris Freight, including the operators of vessels not owned or operated by Iris Freight and their servants and agents.
14. Customer Warranty
a. The Customer warrants the goods as lawful merchandise at the ports of loading and unloading and will indemnify Iris Freight against all liabilities and any other consequences of the goods not being lawful merchandise at the said ports or any other ports or place where the goods may be.
b. The Customer (in this case a passenger) agrees to indemnify Iris Freight against all liabilities which Iris Freight may incur if any person is refused entry or permission to land at the port of unloading or whose entry or landing there is unlawful for any reason whatsoever.
c. Iris Freight will not be responsible for any loss, damage, delay, detention, failure or refusal to carry or mis-delivery arising from detention of the Goods on account of the application of customs, Government or other Local Regulations. During any such detention, Iris Freight will hold the goods at the Customer’s expense and risk.
15. Consignment Insurance
a. The Customer can arrange insurance to cover the actual cash value in respect of loss or of physical damage to the Consignment. Consignment insurance does not cover indirect loss or damage, or loss or damage caused by delays.
b. Iris Freight shall not be liable in any circumstances whatsoever for any loss howsoever, wheresoever or whatsoever arising directly or indirectly as a result of the inapplicability or inadequacy of any insurance cover so arranged.
16. Delayed Shipments
Iris Freight will make every reasonable effort to deliver the Consignment according to Iris Freight’s regular delivery schedules, but these schedules are not binding and do not form part of the contract Iris Freight is not liable for any damages or loss caused by delays.
17. Time of Sailing and Shipment
a. Iris Freight is not obliged to sail according to any advertisement or notice notwithstanding such advertisement or notice has liberty to sail on any other day or at any other hour and any sailing may be cancelled without notice notwithstanding any shipment or bookings previously made.
b. Iris Freight is at liberty to ship the goods on such day at such time in such order as it may desire notwithstanding that the goods may have been booked for a sailing on or at a particular time and to carry the goods on more than one sailing and not all on the same day.
18. Circumstances Beyond Iris Freight’s Control
Iris Freight is not liable for any loss or damage arising out of circumstances beyond Iris Freight’s control. These include but are not limited to electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings; any defect or characteristic related to the nature of the Consignment, even if known to Iris Freight any act or omission by a person not employed or contracted by Iris Freight e.g. Customers, third party, customs or other government official; “Force Majeure” e.g. earthquake, cyclone, storm, flood, fog, war, plane crash or embargo, riot or civil commotion, industrial action.
If at any time performance by Iris Freight is or appears to Iris Freight likely to be affected by any hindrance, risk, delay, or difficulty whatsoever which cannot be avoided by the exercise of due diligence, Iris Freight (whether or not the circumstances giving rise thereto existed at the time the contract was made of the Goods received) may without notice to the Customer treat the performance of the contract as terminated and place the Goods or any part of them at the Customer’s disposal at any place or port which Iris Freight may deem safe and convenient whereupon the responsibility of Iris Freight in respect of such Goods shall cease.
20. Customer Indemnity
The Customer shall indemnify and hold Iris Freight harmless for any loss or damage arising out of Customer’s failure to comply with any applicable laws or regulations and for Customer’s breach of the following warranties and representations:
a. all information provided by Customer or its representatives is complete and accurate;
b. Customer protected the Consignment against unauthorised interference during preparation, storage and transportation to Iris Freight;
c. the Consignment is properly marked and addressed and packed to ensure safe transportation with ordinary care in handling;
d. all applicable customs, import, export and other laws and regulations have been complied with; and
e. the consignment note has been signed by Customer’s authorised representative and the Terms and Conditions constitute binding and enforceable obligations of Customer.
Customer agrees to all routing and diversion, including the possibility that the Consignment may be carried via intermediate stopping places.
Iris Freight vessels shall have liberty to:
a. Sail with or without a pilot, make trial trips, adjust compasses,
b. Tow and assist vessels in all situations,
c. Carry goods of all kinds, dangerous or otherwise, provided the appropriate licence is held
d. Use any port or ports, in any order or rotation, for any purpose whatsoever, whether or not forming part of the route between the named termini for the carriage of the goods or the customary or advertised route;
e. Carry all of any of the goods to any port or ports beyond their port of destination, and/or discharge other goods there and to carry the goods back to the port of destination;
f. Tranship the goods or any of them for any purpose into (including on deck of) any vessels or craft to land and or store the goods or any of them at any port or place and/or to forward or carry the same to their port of destination by any vessel craft or conveyance either belonging to Iris Freight or to others by any route however circuitous either by land or water; and
g. Dry dock the vessel with the whole or part of the goods on board.
Iris Freight is at liberty to load, stow and carry the goods or any of them on deck or in any part of the vessel. These conditions shall apply regardless of whether the goods are stated to be or are in fact carried on or below deck.
23. Governing Law
All contracts incorporating these conditions of carriage shall be governed by and construed in accordance with Jersey law. Any dispute arising under or in any way connected with these Terms and Conditions shall be subject, for the benefit of Iris Freight, to the non-exclusive jurisdiction of the courts of, and governed by the law of, the country of origin of the Consignment and Customer irrevocably submits to such jurisdiction, unless contrary to applicable law.
All terms of these Conditions shall be regarded as severable and any provision of these Conditions prohibited by or unlawful or unenforceable under any applicable law shall (to the extent required by such law and/or to the extent necessary to preserve and maintain the remaining provisions of these Conditions) be deemed ineffective without modifying the remaining provisions of these Conditions such that these Conditions shall (save as aforesaid) be valid, binding and enforceable in accordance with their terms.