Standard Terms and Conditions of Trading
For Port Agency and Forwarding Activities
All transactions entered into by Carmelo Caruana Company Limited, hereinafter referred to as the “Company” in connection with or arising out of the Company’s business shall be subject to the following terms and conditions (the “Terms and Conditions”) unless otherwise agreed or stated by the Company in writing. These Terms and Conditions contain provisions relating to the Company’s exclusion and limitation of liability. All parties involved may wish to insure against these risks.
In these conditions the following expressions have the following meanings respectively:
a) “The Company” shall mean Carmelo Caruana Company Limited.
c) “Services” shall mean the services which are provided by the Company to the Customer and to the Principal, whether or not for remuneration and whether such be by way of charge, fee, commission or remuneration of any other kind.
d) “Supplier” shall mean the person or persons or body or bodies corporate which contracts to supply services or goods to the Principal or to the Customer through the Company.
e) “Customer” shall mean the person or persons or body or bodies corporate (or any agent or representative thereof) which ships, receives, owns or forwards goods or holds the bill of lading in respect of which the Company, whether as agent or as principal, has agreed to provide or procure services, advice or information.
f) “Principal” shall mean the person or persons or body or bodies corporate which has or whose representatives have instructed the Company and who is the owner or charterer or manager of the vessel represented by the Company under the bill of lading in connection with which Services are provided by the Company.
e) “Goods” shall mean any wares, merchandise and articles of every kind whatsoever including any container, chassis, trailer or similar equipment used for the purpose of carrying Cargo.
g) “Cargo” shall mean any article or articles of merchandise imported or brought into Malta by the Customer or the Principal and regardless of whether such article or articles arrived by air or sea, individually or in bulk.
h) “SDR” shall mean a Special Drawing Right as defined by the International Monetary Fund.
i) “Customs Department” shall include the Comptroller of Customs and any other person having an express or implied authority to act for the Comptroller of Customs.
j) “Indirect Representative” shall have the same meaning attributed to it in the Regulation.
k) “Regulation” shall mean EEC Council Regulation 2913/92 establishing the Community Customs Code together with any amendments and/or replacements.
l) Words importing the singular number shall include the plural and vice versa, words importing the masculine shall include the feminine and neuter and vice versa and words importing persons shall incorporate bodies corporate, unincorporated associations
l) The headings in these conditions are for convenience only and shall not affect their interpretation