PART I – GENERAL PROVISIONS

1. Applicability

1.1. These Rules apply when they are incorporated, however, this is made, in writing, orally or otherwise, into a contract by referring to the FIATA Model Rules for Freight Forwarding Services.

1.2. Whenever such reference is made, the parties agree that these Rules shall supersede any additional terms of the contract which are in conflict with these Rules, except insofar as they increase the responsibility or obligations of FreightZone (Malta) Logistics Ltd.

2. Definitions

2.1. Freight Forwarding Services means services of any kind relating to the carriage, consolidation, storage, handling, packing or distribution of the Goods as well as ancillary and advisory services in connection therewith, including but not limited to customs and fiscal matters, declaring the Goods for official purposes, procuring insurance of the Goods and collecting or procuring payment or documents relating to the Goods.

2.2. FreightZone (Malta) Logistics Ltd means the Company concluding a contract of Freight Forwarding Services with a Customer.

2.3. Carrier means any person actually performing the carriage of the Goods with his own means of transport (performing Carrier) and any person subject to carrier liability as a result of an express or implied undertaking to assume such liability (contracting Carrier).

2.4. Customer means any person having rights or obligations under the contract of Freight Forwarding Services concluded with FreightZone (Malta) Logistics Ltd or as a result of his activity in connection with such services.

2.5.Goods means any property including live animals as well as containers, pallets or similar articles of transport or packaging not supplied by FreightZone (Malta) Logistics Ltd.

2.6 SDR means a Special Drawing Right as defined by the International Monetary Fund.

2.7. Mandatory Law means any statutory law the provisions of which cannot be departed from by contractual stipulations to the detriment of the Customer.

2.8. In writing includes telegram, telex, telefax or any recording by electronic means.

2.9. Valuables means bullion, coins, money, negotiable instruments, precious stones, jewellery, antiques, pictures, works of art and similar properties.

2.10. Dangerous Goods means Goods which are officially classified as hazardous as well as Goods which are or may become of a dangerous, inflammable, radioactive noxious or damaging nature.

3. Insurance

No insurance will be effected by FreightZone (Malta) Logistics Ltd, except upon express instructions given in writing by the Customer. All insurances effected are subject to the usual exceptions and conditions of the Policies of the Insurance Company or Underwriters taking the risk. Unless otherwise agreed in writing FreightZone (Malta) Logistics Ltd shall not be under any obligation to effect a separate insurance on each consignment, but may declare it on any open or general Policy held by the Freight Forwarder.

4. Hindrances

If at any time FreightZone (Malta) Logistics Ltd’s performance is or is likely to be affected by any hindrance or risk of any kind (including the conditions of the Goods) not arising from any fault or neglect of FreightZone (Malta) Logistics Ltd and which cannot be avoided by the exercise of reasonable endeavour, FreightZone (Malta) Logistics Ltd may abandon the carriage of the Goods under the respective contract and, where reasonably possible, make the Goods or any part of them available to the Customer at a place which the said Company may deem safe and convenient, whereupon delivery shall be deemed to have been made, and the responsibility of FreightZone (Malta) Logistics Ltd in respect of such Goods shall cease. In any event, FreightZone (Malta) Logistics Ltd shall be entitled to the agreed remuneration under the contract and the Customer shall pay any additional costs resulting from the above-mentioned circumstances.

5. Method and route of transportation

FreightZone (Malta) Logistics Ltd shall carry out its services according to the Customer’s instructions as agreed. If the instructions are inaccurate or incomplete or not according to contract, FreightZone (Malta) Logistics Ltd may at the risk and expense of the Customer act as he deems fit.
Unless otherwise agreed, FreightZone (Malta) Logistics Ltd may without notice to the Customer arrange to carry the Goods on or under deck and choose or substitute the means, route and procedure to be followed in the handling, stowage,

Part II: FREIGHTZONE (MALTA) LOGISTICS LTD’S LIABILITY

6. FreightZone (Malta) Ltd’s liability (except as principal)

6.1. Basis of liability

6.1.1. FreightZone (Malta) Logistics Ltd’s duty of care
FreightZone (Malta) Logistics Ltd is liable if the company fails to exercise due diligence and take reasonable measures in the performance of the Freight Forwarding Services, in which case the Company, subject to Art.8, shall compensate the Customer for loss of or damage to the Goods as well as for direct financial loss resulting from breach of the Company’s duty of care.

6.1.2. No liability for third parties
FreightZone (Malta) Logistics Ltd is not liable for acts and omissions by third parties, such as, but not limited to, Carriers, warehousemen, stevedores, port authorities and other freight forwarders, unless he has failed to exercise due diligence in selecting, instructing or supervising such third parties.

7. FreightZone (Malta) Logistics Ltd’s liability as principal

7.1. FreightZone (Malta) Logistics Ltd’s liability as Carrier

FreightZone (Malta) Logistics Ltd is subject to liability as principal not only when the company actually performs the carriage itself by its own means of transport (performing Carrier), but also if, by issuing its own transport document or otherwise, the company has made an express or implied undertaking to assume Carrier liability (contracting Carrier).
However, FreightZone (Malta) Logistics Ltd shall not be deemed liable as Carrier if the Customer has received a transport document issued by a person/Company other than FreightZone (Malta) Logistics Ltd and does not within a reasonable time maintain that FreightZone (Malta) Logistics Ltd is nevertheless liable as Carrier.

7.2. FreightZone (Malta) Logistics Ltd’s liability as principal for other services

With respect to services other than carriage of Goods such as, but not limited to, storage, handling, packing or distribution of the Goods, as well as ancillary services in connection therewith, FreightZone (Malta) Logistics Ltd shall be liable as principal:

1. when such services have been performed by himself using his own facilities or employees or
2. if he has made an express or implied undertaking to assume liability as principal.

7.3. The basics of FreightZone (Malta) Logistics Limited Liability as principal.

FreightZone (Malta) Logistics Ltd as principal shall, subject to Art. 8, be responsible for the acts and omissions of third parties he has engaged for the performance of the contract of carriage or other services in the same manner as if such acts and omissions were his own and his rights and duties shall be subject to the provisions of the law applicable to the mode of transport or service concerned, as well as the additional conditions expressly agreed or, failing express agreement, by the usual conditions for such mode of transport or services.

8. Exclusions, assessment, and monetary limits of liability

8.1. Exclusions

FreightZone (Malta) Logistics Ltd shall in no event be liable for:

1. Valuables or Dangerous Goods unless declared as such to FreightZone (Malta) Logistics Ltd at the time of the conclusion of the contract,
2. loss following from delay unless expressly agreed in writing,
3. indirect or consequential loss such as, but not limited to, loss of profit and loss of market.

8.2. Assessment of compensation

The value of the Goods shall be determined according to the current commodity exchange price or, if there is not such price, according to the current market price or, if there is no commodity exchange price or current market price, by reference to the normal value of the Goods of the same kind and quality.

8.3. Monetary limits

8.3.1. Loss of or damage to the Goods
The provisions of Art. 7.3. notwithstanding, FreightZone (Malta) Logistics Ltd shall not be or become liable for any loss of or damage to the Goods in an amount exceeding the equivalent of 1 EUR per kilogram of gross weight of the Goods lost or damaged unless a larger amount is recovered from a person for whom FreightZone (Malta) Logistics Ltd is responsible. If the Goods have not been delivered within ninety consecutive days after the date when the Goods ought to have been delivered, the claimant may, in the absence of evidence to the contrary, treat the Goods as lost.

8.3.2. Limitation of liability for delay
If FreightZone (Malta) Logistics Ltd is liable in respect of loss following from delay, such liability shall be limited to an amount not exceeding the remuneration relating to the service giving rise to the delay.

8.3.3. Other type of loss
The provisions of Art. 7.3. notwithstanding, FreightZone (Malta) Logistics Ltd liability for any type of loss not mentioned in 8.3.1. and 8.3.2. shall not exceed the total amount of EUR 500 for each incident unless a larger amount is received from a person for whom FreightZone (Malta) Logistics Ltd is responsible.

9. Notice

9.1. Unless notice of loss of or damage to the Goods, specifying the general nature of such loss or damage, is given in writing to FreightZone (Malta) Logistics Ltd by the person entitled to receive the Goods when they are handed over to him, such handing over is prima facie evidence of the delivery of the Goods in good order and condition. Where such loss or damage is not apparent, the same prima facie effect shall apply if notice in writing is not given within 6 consecutive days after the day when the Goods were handed over to the person entitled to receive them.

9.2. With respect to all other loss or damage, any claim by the Customer against FreightZone (Malta) Logistics Ltd in respect of any service provided for the Customer or which FreightZone (Malta) Logistics Ltd has undertaken to provide shall be made in writing and notified to FreightZone (Malta) Logistics Ltd within 14 days of the date upon which the Customer became or should have become aware of any event or occurrence alleged to give rise to such claim. Any claim not made and notified as aforesaid shall be deemed to be waived and absolutely barred except where the Customer can show that it was impossible for him to comply with this time limit and that he has made the claim as soon as it was reasonably possible for him to do so.

10. Time bar

FreightZone (Malta) Logistics Ltd shall, unless otherwise expressly agreed, be discharged of all liability under these Rules unless suit is brought within 9 months after the delivery of the Goods, or the date when the Goods should have been delivered, or the date when failure to deliver the Goods would give the consignee the right to treat the Goods as lost.
With respect to other loss than loss of or damage to the Goods the 9 months period should be counted from the time when the failure of FreightZone (Malta) Logistics Ltd giving right to the claim occurred.

11. Applicability to actions in tort

These Rules apply to all claims against FreightZone (Malta) Logistics Ltd whether the claim be founded in contract or in tort.

12. Liability of servants and other persons

These Rules apply whenever any claim is made against a servant, agent or other person FreightZone (Malta) Logistics Ltd engaged for the performance of the service (including any independent contractor) whether such claims are founded in contract or in tort, and the aggregate liability of FreightZone (Malta) Logistics Ltd and such servants, agents or other persons shall not exceed the limit applicable to the service concerned as expressly agreed between FreightZone (Malta) Logistics Ltd and the Customer or following from these Rules.

Part III – THE CUSTOMER’S OBLIGATIONS AND LIABILITY

13. Unforeseen circumstances

In the event that FreightZone (Malta) Logistics Ltd, in case of unforeseen circumstances, acts in the best interest of the Customer extra costs and charges have to be borne by the Customer.

14. No set-off

All monies due shall be paid without any reduction or deferment on account of any claim, counter- claim or set-off.

15. General lien

FreightZone (Malta) Logistics Ltd shall, to the extent permitted by the applicable law, have a general lien on the Goods and any documents relating thereto for any amount due at any time to FreightZone (Malta) Logistics Ltd from the Customer including storage fees and the cost of recovering same, and may enforce such lien in any reasonable manner which he may think fit.

16. Information

The Customer shall be deemed to have guaranteed to FreightZone (Malta) Logistics Ltd the accuracy, at the time the Goods were taken in charge by FreightZone (Malta) Logistics Ltd, of all particulars relating to the general nature of the Goods, their marks, number, weight, volume and quantity and, if applicable, to the dangerous character of the Goods, as furnished by him or on his behalf.

17. Duty of indemnification

17.1. General duty of indemnification
Except to the extent that FreightZone (Malta) Logistics Ltd is liable according to the provisions of Part II, the Customer shall indemnify FreightZone (Malta) Logistics Ltd for all liability incurred in the
performance of the Freight Forwarding Services.

17.2. Duty of indemnification in respect of General Average
The Customer shall indemnify FreightZone (Malta) Logistics Ltd in respect of any claims of a General Average nature which may be made on him and shall provide such security as may be required by the FreightZone (Malta) Logistics Ltd in this connection.