Etran marine terms and conditions
The Conditions set down the basis on which Etran Marine will carry goods for the customer ( definitions of Carrier and Customer are given in Conditions 1). Etran Marine is not and does not contract as a common carrier. The Conditions may not be altered or varied in any way unless express agreement in writing to that effect is made by the parties to the Contract. The Conditions cannot and do not over ride any statutory provisions imposed by law or the application of any applicable international convention.

DEFINITIONS

In the Conditions

Carrier means the person (corporate or otherwise) who contracts with the Customer to carry the goods.
Consignee means the person (corporate or otherwise who may or may not be the Customer) to whom the goods are despatched for delivery by the Carrier.
Consignor means the person (corporate or otherwise who may or may not be the Customer) who supplies the goods to the Carrier for carriage.
Customer means the person (corporate or otherwise) who contracts with the Carrier for the carriage of goods.
Contract means the agreement between the Customer and the Carrier for the carrying out of the transport service including all the documents expressly incorporated therein.
Consignment means goods despatched at any one time from one Consignor in a single load from one address in the United Kingdom to one Consignee at any one other address in the United Kingdom.
Dangerous Goods means goods falling within the definition of 'dangerous goods' given in Regulation 2 (1) of the Carriage of Dangerous Goods by Road and Rail (Classification Packaging and Labelling) Regulations 1994 SI Number 669 as may be amended from time to time.
Day means any day Monday to Friday inclusive other than a bank or statutory holiday, excluding the delivery day and the day on which any claim or notification is first made.
Alternative Dispute Resolution means any procedure agreed by the parties for the resolution of disputes other than those involving formal arbitration or litigation.
Loss means the actual loss of the goods or failure by the Carrier to deliver the goods within 30 days of the agreed time limit for the delivery or, if there is no agreed time limit within 60 days from the date on which the Carrier took over the goods.
Delay means the failure by the Carrier to deliver the goods within the agreed time limit, or if there is no agreed time limit, within the time that it would be reasonable to allow a diligent Carrier to complete the delivery.
The expressions Carrier, Consignee, Consignor and Customer shall include those parties principles, agents and servants.

PRINCIPAL PARTIES AND SUB-CONTRACTORS

The Customer contracts as the legal owner of the goods or as the authorised agent of such legal owner in which case the Customer warrants that he has the authority to accept these Conditions on behalf of the legal owner.
Unless written instructions to the contrary are received from the Customer, the Carrier may sub-contract part or the whole of the carriage provided that the name of every such sub-contracted Carrier shall be provided to the Customer on request. In any arrangement with a sub-contractor the Carrier shall require that the sub-contractor does not further delegate his contractual responsibilities without the prior written authority of the Carrier.
Nothwithstanding the provisions of Condition 2.2, the Carrier may not sub-contract the carriage of Dangerous Goods without the prior written consent of the Customer.
Where part or the whole of the carriage has been sub-contracted as provided for in Condition 2.2 above, such sub-contractors shall have the benefit of these conditions of carriage and shall be under no greater liability to the Customer than and in addition to that of the Carrier under the Contract and the Customer agrees with the Carrier that no claim shall be made against a sub-contractor in addition to or in excess of the limitations and/or exclusions of liability as set out in the Conditions.
Subject to the limitations in Condition 10, the Carrier shall be responsible for the acts and omissions of his agents and servants and of any other persons of whose services he makes use for the performance of the carriage, when such agents, servants or other persons are acting within the apparent scope of their employment, as if such acts or omissions were his own.

3. LOADING AND UNLOADING

3.1 The Carrier shall not be required to provide service other than the service of transport of the
Consignment from the designated place of collection to the designated place of delivery unless any
such service has been requested by the Customer and agreed by the Carrier in writing, but subject
to provisions in 6.3.
3.2 The Customer shall be responsible for providing and safely operating any equipment that may be
required for loading the Consignment on or unloading the Consignment from the vehicle unless
arrangements to the contrary are agreed between the Carrier and the Customer prior to despatch
and these conditions shall apply during such loading and/or unloading.
3.3 The Carrier shall not be liable for any loss or damage caused as a result of his use of defective
equipment supplied by the Consignee or Consignor and the Customer shall indemnify the Carrier
in respect of such loss or damage including claims for personal injury.
3.4 The Carrier shall not be liable for any loss or damage caused as a result of negligent acts committed
by the Consignor or Consignee or their servants or agents in assisting with loading and./or unload-
ing and the Customer shall indemnify the Carrier against any claim made against the Carrier in
respect of such loss or damage including claims for personal injury.
3.5 The Carrier must make the Consignment reasonably accessible on the vehicle at the place
designated for delivery.

4. DANGEROUS GOODS

4.1 The Contract for the carriage of Dangerous Goods shall be voidable by the Carrier and the Carrier
shall have no liability unless, prior to loading, the Carrier receives precise and correct
identification of the substances in writing and has agreed to accept the same for carriage.
4.2 The Customer shall be responsible for ensuring that such substances are properly and safely
packaged and labelled with the identities of the substances and all other relevant information
as specified by any statutory requirements for the same being in force.
4.3 The Customer shall be responsible for and indemnify the Carrier against any loss or damage
and claims made upon the Carrier in respect of any injury to persons or damage to property
arising from the non-compliance by the Customer or the Consignor with any of the provisions
of the conditions in as far as they relate to the carriage of Dangerous Goods, unless the Customer
proves that the loss, damage or injury was due to the negligence or misconduct of the Carrier.

5. CONSIGNMENT NOTES/RECEIPTS

5.1 The Carrier shall, if required, sign a document acknowledging the receipt for carriage of the
quantity and description of the Consignment loaded to the vehicle, to the extent ascertainable
by visual inspection.
5.2 The Carrier shall obtain a signed receipt of delivery of the Consignment from the Consignee
unless otherwise agreed with the Customer.

6. CARRIER'S RESPONSIBILITY

6.1 Goods are accepted by the Carrier for carriage at 'owner's risk' where the Carrier is able to show
that the customer has explicitly agreed to the carriage of the goods at 'owner's risk'. In that event
the Carrier shall not be liable for any loss, damage or delay to the goods and the Customer agrees
to indemnify the Carrier against any claims made by any third party in respect of the goods carried.
6.2 Subject to the provisions in 6.1 above, the Carrier's responsibility for the Consignment shall
commence when the Carrier takes physical control of the Consignment at the point of collection or
by receiving the same at the Carriers premises.
6.3 The Carriers responsibility for the Consignment shall end when the Carrier relinquishes physical
control of the Consignment at the proper place of delivery or the Consignment is presented at the
proper place of delivery within normal business hours allowing sufficient time for unloading, but
subject to the provisions in 6.4.
6.4 Where the Carrier considers delivery to the proper place of delivery is unreasonable due to
inadequate access or risk to vehicle, Consignment, third parties or the environs, the Carrier will
deliver to the nearest alternative place. In these matters the Carriers considerations are final, and
all the Carriers reasonable extra charges will be payable by the Customer.
6.5 At any time during the term of the Contract the Customer may request or the Contractor may
recommend variations to the service and/or variations to any other matters covered by the
Contract. The Carrier shall investigate the likely impact of any such requested or recommended
variations upon the service, the charge for the service and other aspects of the Contract and shall
report promptly to the Customer. Neither party shall be obliged to agree to any requested or
recommended variation but neither party shall withhold its agreement unreasonably.
until such time as any variations to the Contract resulting therefrom have been mutually agreed in
writing, the parties shall continue to perform their respective obligations without taking account
of the requested or recommended variations.

7. CARRIER'S CHARGES

7.1 The Carrier's charges shall be payable by the Customer provided always that, when the goods are
consigned 'carriage forward', the Consignee shall have primary responsibility for the payment of
the carriage charges and the Customer shall indemnify the Carrier for payment of such charges
in the event of default by the Consignee but the Carrier shall not be required to take any steps to
obtain payment from the Consignee other than a written request for payment.
7.2 Notwithstanding any claim which the Customer may have against the Carrier, the Carrier's
charges for carriage and any other services incidental to the carriage chargeable under the
Contract shall be payable by the Customer upon delivery, or at the discretion of the Carrier,
within thirty days of the date of invoice. Should the charges not be paid within such a period,
then the Carrier shall be entitled to interest at the rate of three per cent above the base rate of
The Bank of England prevailing at the date of the invoice.

8. DISPOSAL OF THE GOODS BY THE CARRIER

8.1 In the event that the Carrier is unable for any reason beyond its reasonable control to deliver
the Consignment in accordance with the Contract, the Carrier shall seek further instructions
from the Customer. The Carriers reasonable additional charges for retaining the goods pending
the arrival of such further instructions and for carrying out those instructions shall be chargeable
to the Customer.
8.2 Subject to the provisos contained in Condition 8.2(a) to (c) below, where the Carrier is unable
to obtain further instructions from the Customer in accordance with Condition 8.1 the Carrier
may sell the goods provided that such sale is permitted by law. Payment or tender of the net
proceeds to the Customer after deductions of all costs of and charges for carriage, other services
incidental to the carriage chargeable under the contract, storage and disposal and expenses in
relation to the goods shall (without prejudice to any claim or right which the Customer may have
against the Carrier otherwise arising under the Conditions) discharge the Carrier from all liability
in respect of such goods, their carriage and storage.

(a) The goods may not be sold unless the Carrier shall have made reasonable efforts ( having regard,
if appropriate, to the perishable nature of the Consignment) to notify the Customer of the Carrier's
intention to sell the goods. The goods may then be sold unless within a reasonable time (such time
to be specified in the notice) the Customer shall have arranged to collect the goods or given
instructions for their disposal and have paid, without prejudice, all outstanding charges as referred
to in this Condition including any warehousing charges which may have been incurred during the
time that the goods have been retained.

Pending the expiry of such periods of notice as aforesaid and of disposal of the goods under these
Provisions the Carrier shall at the expense of the Customer have authority to arrange proper storage of the Consignment.

In the event of a sale under this Condition the Carrier shall do what is reasonable to obtain the
market value of the Consignment (subject to any unavoidable deterioration thereof). If the goods
have no market value, then the Carrier may dispose of them subject to compliance with all legal
requirements in force in respect of such goods.

Subject to the provision of Clause 8.1 above, and in circumstances in which the Carrier is unable
to obtain further written instructions, the Carrier may, in respect of Dangerous Goods only, at
its sole discretion dispose of the goods or return them to the Customer. Where such action is
taken by the Carrier, it shall comply with all prevailing legal requirements that may be in force
in respect of the goods. Any such action taken by the Carrier under this clause shall be at the
sole risk and expense of the Customer.

9. LIABILITY FOR LOSS, DAMAGE OR DELAY

Subject to these Conditions the Carrier shall be liable for:

Any loss of or damage to any goods in a Consignment occurring whilst the Carrier has
Responsibility for the Consignment in accordance with Condition 6 above;
(b) Any delay in the carriage of any goods in a Consignment arising from the negligence of theCarrier.

Provided that the Carrier has used due diligence in order to minimise the loss, damage or delay,the Carrier shall be relieved of liability if such loss, damage or delay arises from the effect of:
act of God;
any consequence of war, act of foreign power, terrorism, 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, mis-statement or mis-representation by by the Customer or other owner of the goods or by servants or agents of either of them;
inherent liability due to wastage in bulk or weight, latent defect or inherent defect, vice or natural deterioration of the goods;
any special handling requirements in respect of the goods which have not been notified to the Carrier;
insufficient or improper packaging, unless the Carrier has contracted to provide this service;
insufficient or improper labelling or addressing, unless the Carrier has contracted to provide this service;
riot, civil commotion, strike, lockout, general or partial stoppage or restraint of labour from whatever cause;
Defect of any equipment supplied by the Customer under Condition 3.2 or any negligence of the Customer's agents or servants.
the Customer, Customers agents or servants failure to secure all loose items within the vessel, not forming part of the basic fabric of the vessel, such as plates, galley utensils, soft furnishings, or failure of the aforesaid to: empty all fuel and water from the vessel.
Disconnect all battery cables. Remove any device or fixture that extends beyond the hull of the vessel, such as, antennas, radar, guard stantions, compasses, depth sounders or propellers. Remove the plug from the vessel. Store plastic windshields below deck. In winter months to winterize the engine, toilets, the water systems or any other weather sensitive device on the vessel. Remove all standing rigging, lights, spreaders, wind indicators, and all other types of mast rigging prior to transport. To remove rigging or lights from the mast. To remove all personal belongings from the vessel before transport such as cash and valuables, clothing, sporting goods, jewelry and other materials that do not form part of the basic fabric of the vessel.
Poor quality, damaged or torn shrink-wrap beating chaffing or scratching the vessel during transport.
9.3 The customer shall indemnify the carrier against any action as a result of illicit or illegal substances being found concealed within the boat or it’s fabric.
10. LIMITATIONS OF LIABILITY OF CARRIER
10.1 Unless otherwise agreed in writing between the Customer and the Carrier, the liability of the Carrier in respect of loss of or damage to goods whilst they are the responsibility of the Carrier in accordance with Condition 6 hereof shall be limited as follows:
where the whole Consignment is lost or damaged, to a maximum rate of £1,300. Per tonne on the gross weight of the Consignment as stated on the Consignment note referred to in Condition 5, or otherwise ascertained, or £500 for the total Consignment whichever is greater but not exceeding the actual value of the Consignment;
where part of the Consignment is lost or damaged, to such actual proportion by weight as that part of the Consignment bears to the whole Consignment at the said maximum rate of £1,300 per tonne, or £500 for the total Consignment whichever is the greater, but not exceeding the actual value of the part of the Consignment lost or damaged;
for the propose of this Condition the value referred to is the valuation of the goods at the time they are accepted for carriage.
Provided that
no claim shall be admitted by the Carrier pending its receipt from the Customer of proof of the value of the Consignment or any part thereof;
the limitation of liability in this Condition shall not be available to the Carrier in respect of claims or penalties imposed by the Commissioners of Customs and Excise in respect of dutiable goods consigned in bond where such claims arise from the Carrier's negligence or misrepresentation.
Where the volume of the Consignment is equal to or exceeds three cubic metres per tonne (or the equivalent pro rata) then the liability of the Carrier in respect of this Condition shall be calculated on the basis that three cubic metres of consignment volume is equivalent to one tonne weight (or the equivalent pro rata).
The Carrier's liability for any delay or consequential loss shall not exceed the amount of the claimant's bona fide loss or the amount of the carriage charges whichever shall be the smaller unless agreement is made in writing between the Carrier and the Customer for a specific level of liability for such delay or consequential loss.
11. INSURANCE
11.1 The Carrier shall insure his liabilities arising under these Conditions for loss of or damage to the goods and shall provide evidence of such insurance to the Customer on request.
12. CUSTOMER'S INDEMNITY TO THE CARRIER
The Customer shall indemnify the Carrier against:
12.1 losses suffered by the Carrier arising from any negligent act, negligent omission or negligent misdirection by the Consignor or Consignee, its servants or agents;
12.2 third party claims for loss or damage resulting from the carriage of Dangerous Substances where the Customer's obligations in Condition 4 above have not been met;
12.3 claims and demands in respect of loss of or damage to the goods made by any third party additional to or in excess of the limits of liability of the Carrier set out in Condition 10 above;
12.4 any claims made or penalties imposed by the Commissioners of Customs and Excise in respect of dutiable goods consigned in bond other than those arising from the Carrier's negligence or misrepresentation;
claims and demands made by a third party attributable to lack of authority on the part of the Customer to enter into the Contract upon these terms and conditions.
13. NOTIFICATION OF CLAIMS
The Carrier shall not be liable for:
loss or damage of the whole of the Consignment unless a claim specifying the general nature thereof is submitted by the Customer to the Carrier in writing within 14 days from the Carrier's responsibility for the Consignment having commenced in accordance with Condition 6.2 above and unless a detailed claim giving weight and value and date of collection are submitted by the Customer to the Carrier in writing within 28 days from the Carriers responsibility for the Consignment having commenced;
loss or damage of any part of a Consignment unless a claim specifying the general nature thereof is submitted by the Customer to the Carrier in writing within seven days from the Carriers responsibility for the Consignment having ended in accordance with Condition 6.3 above and a detailed claim specifying the weight, value and date of collection and date of delivery are submitted in writing within 21 days of the Carriers responsibility having ended;
damage of any description unless the damaged goods are made available to the Carrier's representative for inspection for a reasonable period following notification of the claim;
delay in delivery of whole or part of the Consignment unless the Carrier is informed in writing within three days of the date by which the delivery should have been made.
13.2 The Carrier shall not benefit from this exclusion of liability if the Customer provides evidence that:
in all the circumstances it was not reasonably possible so to advise the Carrier or make the damaged goods available for inspection within the specified time limits and;
such advice was given at the first reasonable opportunity.
14. LIEN AND POWER OF SALE
14.1 All Consignment delivered to the Carrier for carriage are and will be received by the Carrier and held by it subject to a lien for all carriage charges due to the Carrier from the Customer for the carriage of the goods and other proper charges or expenses incurred in respect of or in connection with the carriage of the particular Consignment and all other goods which may have been carried by the Carrier for the Customer from time to time.
14.2 The Carrier shall be entitled to charge to the Customer the cost of loading and unloading the goods whilst a lien is being exercised together with warehouse rent and any other expenses incurred during all periods during which the lien on the Consignment or any part of the Consignment is being asserted and all these Conditions shall continue to apply whilst the lien is being exercised.
If such lien is not satisfied by payment within a reasonable time of the Carrier's demand for payment then the Carrier shall be entitled to invoke the power of sale set out in Condition 8 over the Customer's goods in the Carrier's possession. Such sale shall be subject to the provisions of Conditions 8.2 and 8.3 above.
DETENTION OF CARRIER'S PROPERTY
The Customer shall, except in the case of negligence by the Carrier, pay to the Carrier any cost or expense occasioned to it by the improper or excessive detention by the Consignor or Consignee of any vehicle, trailer, container or covering belonging to or under the custody or control of the Carrier without prejudice to any rights of the Carrier against any third party in respect of such detention.
16. DISPUTE RESOLUTION
The parties will attempt, in good faith, to resolve any dispute or claim arising out of or relating to these Conditions promptly through negotiations between the respective representatives of the parties who have authority to settle the same.
If the matter is not resolved through negotiation the parties may attempt to resolve the dispute or claim through an Alternative Dispute Resolution (ADR) procedure as recommended to the parties by the Freight Transport Association or the Centre for Dispute Resolution.
If the matter is not resolved by an ADR procedure or if either party will not or ceases to participate in an ADR procedure, the dispute may be referred to the arbitration of a single arbitrator or to an arbitrator appointed at the request of the parties by the President for the time being of the Chartered Institute of Arbitrators. The apportionment of the cost of any such arbitration between the parties shall be in the discretion of the arbitrator. The arbitration shall, unless otherwise agreed, be held in the town wherein the Carrier has its main administrative office.
GOVERNING LAW
The parties shall agree the legal regime under which these conditions shall be construed and interpreted and the courts which shall have jurisdiction. In the absence of such agreement, the contract shall be subject to and construed and interpreted in accordance with English law and shall be subject to the jurisdiction of the courts of England.

Grateful acknowledgement is made to FTA for permission to use Conditions for the Carriage of Goods by Road in the United Kingdom 1997 as amended.