STANDARD TRADING CONDITIONS
The Customer’s attention is drawn to the Clauses hereof which exclude
or limit the Company’s liability and those which require the Customer
to indemnify the Company in certain circumstances.
DEFINITIONS AND APPLICATION
a) In these Conditions:-
“Company” Redmond International Freight Services Ltd
“Person” Includes persons or any Body or Bodies Corporate.
“The Owner” Means the Owner of the goods (including any packaging,
containers or equipment) to which any business concluded under these
Conditions relates and any other person who is or may become interested
“Customer’ means any person at whose request or on whose behalf the
Company undertakes any business or provides advice, information or
2. (A) Subject to Sub-Paragraph (B) below, all and any activities of the Company
In the course of business whether gratuitous or not are undertaken subject to these Conditions.
(B) If any legislation is compulsorily applicable to any business
undertaken, these Conditions shall, as regards such business, be read
as subject to such legislation and nothing in these Conditions shall be
construed as a surrender by the Company of any of its rights or
immunities or as an increase of any of its responsibilities or
liabilities under such legislation and if any part of these Conditions
be repugnant to such legislation to any extent such part shall as
regards such business be overridden to that extent and no further.
3. The Customer warrants that he is either the Owner or the authorised
Agent of the Owner and also that he is accepting these Conditions not
only for himself but also as Agent for and on behalf of the Owner.
4. In authorising the Customer to enter into any Contract with the
Company and/or in accepting any document issued by the Company in
connection with such Contract, the Owner and Consignee accept these
Conditions for themselves and their Agents and for any parties on whose
behalf they or their Agents may act, and in particular, but without
prejudice to the generality of this Clause, they accept that the
Company shall have the right to enforce against them jointly and
severally any liability of the Customer under these Conditions or to
recover from them any sums to be paid by the Customer which upon proper
demand have not been paid.
5. (A) Subject to Clauses 13 and 14 below, the Company shall be
entitled to procure any or all of its services as an Agent or to
provide those services as a Principal.
(B) The offer and acceptance of an inclusive price for the
accomplishment of any service or services shall not itself determine
whether any such service is or services are to be arranged by the
Company acting as Agent or to be provided by the Company acting as a
(C) When acting as an Agent the Company does not make or purport to
make any Contract with the Customer for the carriage, storage, packing
or handling of any goods nor for any other physical service in relation
to them and acts solely on behalf of the Customer in securing services
by establishing Contracts with Third Parties so that direct contractual
relationships are established between the Customer and such Third
(D) The Company shall on demand by the Customer provide evidence of any
Contract entered into as Agent for the Customer. Insofar as the Company
may be in default of this obligation, it shall be deemed to have
contracted with the Customer as a Principal for the performance of the
6. When and to the extent that the Company has contracted as Principal
for the performance of any of its services, it undertakes to perform
and/or in its own name to procure the performance of those services,
and subject always to the totality of these Conditions and in
particular to Clauses 26-29 hereof accepts liability for loss of or
damage to goods taken into its charge occurring between the time when
it takes the goods into its charge and the time when the Company is
entitled to call upon the Customer, Consignee or Owner to take delivery
of the goods.
7. When and to the extent that the Company in accordance with these
Conditions is acting as an Agent on behalf of the Customer, the Company
shall be entitled and the Customer hereby expressly authorises the
Company to enter into Contracts on behalf of the Customer:-
(A) For the carriage of goods by any route or means or person;
(B) For the storage, packing, trans-shipment, loading, unloading or
handling of the goods by any person at any place and for any length of
(C) For the carriage or storage of goods in or on transport units as
defined in Clause 19 and with other goods of whatever nature; and
(D) To do such acts as May in the opinion of the Company be reasonably
necessary in the performance of its obligations in the interests of the
8. The Company reserves to itself a reasonable liberty as to the means,
route and procedure to be followed in the handling, storage and
transportation of goods.
9. The Company shall be entitled to perform any of its obligations
herein by itself or by its parent, subsidiary or associated Companies.
In the absence of agreement to the contrary any Contract to which these
Conditions apply is made by the Company on its own behalf and also as
Agent for and on behalf of any such parent, subsidiary, or associated
Company, and any such Company shall be entitled to the benefit of these
10. (A) Subject to Sub-Clause (B) hereof, the Company shall have a
general lien on all goods and documents relating to goods in its
possession, custody or control for all sums due at any time from the
Customer or Owner, and shall be entitled to sell or dispose of such
goods or documents as Agent for and at the expense of the Customer and
apply the proceeds in or towards the payment of such sums on 28 days
notice in writing to the Customer. Upon accounting to the Customer for
any balance remaining after payment of any sum due to the Company and
the costs of sale or 0disposal the Company shall be discharged of any
liability whatsoever in respect of the goods or documents.
(B) When the goods are liable to perish or deteriorate the Company's
right to sell or dispose of the goods shall arise immediately upon any
sum becoming due to the Company subject only to the Company taking
reasonable steps to bring to the Customer's attention its intention of
selling or disposing of the goods before doing so.
11. The Company shall be entitled to retain and be paid all brokerages,
commissions, allowances and other remunerations customarily retained by
or paid to Freight Forwarders.
12. (A) If delivery of the goods or any part thereof is not taken by
the Customer, Consignee or Owner, at the time and place when and where
the Company is entitled to call upon such person to take delivery
thereof, the Company shall be entitled to store the goods or any part
thereof at the sole risk of the Customer, whereupon the liability of
the Company in respect of the goods or that part thereof stored as
aforesaid shall wholly cease and the cost of such storage if paid for
or payable by the Company or any Agent or Sub-Contractor of the Company
shall forthwith upon demand be paid by the Customer to the Company.
(B) The Company shall be entitled at the expense of the Customer to
dispose of (by sale or otherwise as may be reasonable in all the
(i) on 28 days notice in writing to the Customer, or where the Customer
cannot be traced and reasonable efforts have been made to contact any
parties who may reasonably be supposed by the Company to have any
interest in the goods, any goods which have been held by the Company
for 90 days and which cannot be delivered as instructed; and
(ii) Without prior notice, goods which have perished, deteriorated or
altered or are in immediate prospect of doing so in a manner which has
caused or may reasonably be expected to cause loss or damage to Third
Parties or to contravene any applicable laws or regulations.
13. (A) No Insurance will be affected except upon express instructions
given in writing by the Customer and all Insurances affected by the
Company 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 the Company shall not be under any
obligation to affect a separate Insurance on each consignment but may
declare it on any open or general Policy held by the Company.
(B) Insofar as the Company agrees to arrange Insurance, the Company
acts solely as Agent for the Customer using its best endeavours to
arrange such Insurance and does so subject to the limits of liability
contained in Clause 29 hereof.
14. (A) Except under special arrangements previously made in writing or
under the terms of a printed document signed by the Company, any
instructions relating to the delivery or release of goods in specified
circumstances only, such as (but without prejudice to the generality of
this Clause) against payment or against surrender of a particular
document, are accepted by the Company only as Agents for the Customer
where Third Parties are engaged to effect compliance with the
(B) The Company shall not be under any liability in respect of such
arrangements as are referred to under Sub-Clause (A) hereof save where
such arrangements are made in writing.
(C) In any event, the Company’s liability in respect of the performance
or arranging the performance of such instructions shall not exceed that
provided for in these Conditions in respect of loss of or damage to
15. Advice and information, in whatever form it may be given, is
provided by the Company for the Customer only and the Customer shall
indemnify the Company against any liability, claims, loss, damage,
costs or expenses arising out of any other persons relying upon such
advice or information. Except under special arrangements 3 previously
made in writing, advice and information which is not related to
specific instructions accepted by the Company is provided gratuitously
and without liability.
16. (A) except under special arrangement previously made in writing the
Company will not accept or deal with bullion, coin, precious stones,
jewellery, valuables, antiques, pictures, human remains, livestock or
plants. Should any Customer nevertheless deliver any such goods to the
Company or cause the Company to handle or deal with any such goods
otherwise than under special arrangements previously made in writing
the Company shall be under no liability whatsoever for or in connection
with such goods howsoever arising.
(B) The Company may at any time waive its rights and exemptions from
liability under Sub-Clause (A) above in respect of any one or more of
the categories of goods mentioned herein or of any part of any
category. If such waiver is not in writing, the onus of proving such
waiver shall be on the Customer.
17. Except following instructions previously received in writing and
accepted by the Company, the Company will not accept or deal with goods
of a dangerous or damaging nature, nor with goods likely to harbour or
encourage vermin or other pests, nor with goods liable to taint or
affect other goods. If such goods are accepted pursuant to a special
arrangement and then in the opinion of the Company they constitute a
risk to other goods, property, life or health, the Company shall where
reasonably practicable contact the Customer, but reserves the right at
the expense of the Customer to remove or otherwise deal with the goods.
18. Where there is a choice of rates according to the extent or degree
of the liability assumed by carriers, warehousemen or others, no
declaration of value where optional will be made except under special
arrangements previously made in writing.
19. The Customer warrants:
(A) That the description and particulars of any goods furnished by or on behalf of the Customer are full and accurate.
(B) that all goods have been properly and sufficiently prepared,
packed, stowed, labelled and/or marked, and that the preparation,
packing, stowage, labelling and marking are appropriate to any
operations or transactions affecting the goods and the characteristics
of the goods.
(C) that where the Company receives the goods from the Customer already
stowed in or on a container, trailer, tanker, or any other device
specifically constructed for the carriage of goods by land, sea or air
(each hereafter individually referred to as “the transport unit”), the
transport unit is in good condition, and is suitable for the carriage
to the intended destination of the goods loaded therein or thereon.
20. Should the Customer otherwise than under special arrangements
previously made in writing as set out in Clause 17 above deliver to the
Company or cause the Company to deal with or handle goods of a
dangerous or damaging nature, or goods likely to harbour or encourage
vermin or other pests, or goods liable to taint or affect other goods,
he shall be liable for all loss or damage arising in connection with
such goods and shall indemnify the Company against all penalties,
claims, damages, costs and expenses whatsoever arising in connection
therewith, and the goods may be dealt with in such manner as the
Company or any other person in whose custody they may be at any
relevant time shall think fit.
21. The Customer undertakes that no claim shall be made against any
Director, Servant, or Employee of the Company which imposes or attempts
to impose upon them any liability in connection with any services which
are the subject of these Conditions and if any such claim should
nevertheless be made, to indemnify the Company against all consequences
22. The Customer shall save harmless and keep the Company indemnified from and against:-
(A) All liability, loss, damage, costs and expenses whatsoever
(including without prejudice to the generality of the foregoing, all
duties, taxes, imposts, levies, deposits and outlays of whatsoever
nature levied by any authority in relation to the goods) arising out of
the Company acting in accordance with the Customer's instructions or
arising from any breach by the Customer of any Warranty contained in
these Conditions or from the negligence of the Customer, and
(B) Without derogation from Sub-Clause (A) above, any liability assumed
or incurred by the Company when by reason of carrying out the
Customer's instructions the Company has reasonably become liable or may
become liable to any other party, and
(C) All claims, costs and demands whatsoever and by whomsoever made or
preferred in excess of the liability of the Company under the terms of
these Conditions regardless whether such claims, costs and demands
arise from or in connection with the negligence or breach of duty of
the Company, its Servants, Sub-Contractors or Agents, and
(D) Any claims of a General Average nature which may be made on the Company.
23. (A) The Customer shall pay to the Company in cash or as otherwise
agreed all sums immediately when due without reduction or deferment on
account of any claim, counterclaim or set-off.
(B) In respect of all sums which are overdue the Customer shall be
liable to pay to the Company interest calculated at 4% above the Prime
Lending Rate for the time being of Allied Irish Banks Plc.
Despite the acceptance by the Company of instructions to collect
freight, duties, charges or other expenses from the Consignee or any
other person the Customer shall remain responsible for such freight,
duties, charges or expenses on receipt of evidence of proper demand and
in the absence of evidence of payment (for whatever reason) by such
Consignee or other person when due.
25. Where liability for General Average arises in connection with the
goods, the Customer shall promptly provide security to the Company or
to any other party designated by the Company in a form acceptable to
LIABILITY AND LIMITATION
26. The Company shall perform its duties with a reasonable degree of care, diligence, skill and judgement.
27. The Company shall be relieved of liability for any loss or damage
if and to the extent that such loss or damage is caused by:-
(A) strike, lock-out, stoppage or restraint of labour, the consequences
of which the Company is unable to avoid by the exercise of reasonable
(B) Any cause or event which the Company is unable to avoid and the
consequences whereof the Company is unable to prevent by the exercise
of reasonable diligence.
28. Except under special arrangements previously made in writing the
Company accepts no responsibility for departure or arrival dates of
29. (A) Subject to Clause 2(B) above and Sub-Clause (D) below the
company’s liability howsoever arising and notwithstanding that the
cause of loss or damage be unexplained shall not exceed
(i) In the case of claims for loss or damage to goods
(a) The value of any goods lost or damaged, or
(b) A sum at the rate of two Special Drawing Rights as defined by the
International Monetary Fund (hereinafter referred to as SDR’s), per
kilo of gross weight of any goods lost or damaged whichever shall be
(ii) In the case of all other claims
(a) The value of the goods the subject of the relevant transaction between the Company and its Customer, or
(b) A sum at the rate of two SDR’s per kilo of the gross weight
Of the goods the subject of the said transaction, or
(c) 75,000 SDR’s in respect of any one transaction whichever shall be the least.
For the purposes of Clause 29(A) the value of the goods shall be their
value when they were or should have been shipped. The value of SDR’s
shall be calculated as at the date when the claim is received by the
Company in writing.
(B) Subject to Clause 2(B) above, and Sub-Clause (D) below, the
Company’s liability for loss or damage as a result of failure to
deliver or arrange delivery of goods in a reasonable time or (where
there is a special arrangement under Clause 28) to adhere to agreed
departure or arrival dates shall not in any circumstances whatever
exceed a sum equal to twice the amount of the Company’s charges in
respect of the relevant transaction.
(C) Save in respect of such loss or damage as is referred to at
Sub-Clause (B) and subject to Clause 2(B) above and Sub-Clause (D)
below, the Company shall not in any circumstances whatsoever be liable
for indirect or consequential loss such as (but not limited to) loss of
profits, loss of market or the consequences of delay or deviation
(D) By special arrangement agreed in writing, the Company may accept
liability in excess of the limits set out in Sub-Clauses (A) to (C)
above upon the Customer agreeing to pay the Company’s additional
charges for accepting such increased liability. Details of the
Company’s additional charges will be provided upon request.
30. (A) Any claim by the Customer against the Company arising in
respect of any service provided for the Customer or which the Company
has undertaken to provide shall be made in writing and notified to the
Company 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 and 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.
(B) Notwithstanding the provisions of Sub-Paragraph (A) above the
Company shall in any event be discharged of all liability whatsoever
howsoever arising in respect of any service provided for the Customer
or which the Company has undertaken to provide unless suit be brought
and written notice thereof given to the Company within nine months from
the date of the event or occurrence alleged to give rise to a cause of
action against the Company.
JURISDICTION AND LAW
31. These Conditions and any act or contract to which they apply shall
be governed by the laws of the Republic of Ireland and any dispute
arising out of any act or contract to which these Conditions apply
shall be subject to the exclusive jurisdiction of the Courts of the
Republic of Ireland. Copyright ® IIFA May 1996