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Terms & Conditions Of Carriage And Other Republic Of Ireland

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Titan Logistics is a trading name of KDA Logistics Ltd is offering our customer Lead Logistics programs under normal circumstances, does not physically handle goods. No partner of the carrier is permitted to alter or vary these conditions in any way unless expressly authorized in writing to do so by a directors of KDA Logistics. If any legislation is compulsorily applicable to the contract and any part of these conditions is incompatible with such legislation, such part shall, as regards the contract, be overridden to that extent and no further.

Definitions

In these conditions of carriage the following expressions shall have the following meanings:

  1. “Customer”, “you”, “your” means the person or company entering into the contract.
  2. Booking’ means a booking for the carriage of a consignment placed by a customer with the carrier by telephone or online.
  3. ‘Contract’ means the contract of carriage between the customer and the carrier.
  4. Consignment” means the goods or items to be carried in accordance with the conditions for the customer from one address to one address.
  5. ‘Dangerous Goods’ means goods named individually in the approved carriage list issued from time to time by the Health and safety commission explosive, radioactive material, and any other goods presenting a similar hazard.
  6. Goods or Items” means individual or grouped items that are defined by specific sub-contractors freight restrictions.
  7. ‘Excluded Goods’ means items that have been designated by the subcontractor as unsuitable for delivery.
  8. ‘On-Line’ means bookings and booking enquiries made by the customer online via the website.
  9. “Sub-contractor” means the chosen third party Logistics provider, as decided by KDA Logistics trading as Titan Logistics.
  10. “Shipper”, “Sender” means the person or company the goods are being collected from.
  11. “Collection”, “Delivery” means consignment to be collected for delivery to an agreed address.
  12. “Service” means the target delivery date
  13. “AWB”, “Air waybill” means the documentation to accompany the consignment.
  14. “Label” means the label to be attached to the consignment for delivery.
  15. “Working Day” means Monday to Friday from 9am to 5.30pm, excluding public and bank holidays.
  16. “Price” means the price as set out in any quotation price list or order, excluding VAT.

This is the current version as at the date of publication of this Guide. The latest version, which shall always be the applicable one for new shipments, may be found at www.titanlogistics.ie or obtained from our offices.

1. Introduction

  • These terms and conditions (“terms”) set out the basis on which Titan Logistics provide business services in the transportation of small parcels, Air freight, Sea freight and Road transportation.
    These terms are supplemented by the current applicable Titan Logistics Service and Tariff Guide (“the Guide”). The Guide contains important details about the services of transportation and which the shipper should read and which form part of the agreement between Titan Logistics and the shipper.
  • Depending on the country where the shipment is presented to Titan Logistics for carriage, the term “Titan Logistics” will mean and the shipper’s contract will be with whichever of the following companies is applicable. That company will also be the (first) carrier of the goods for the purposes of the Conventions referred to in paragraph C.
  • Where carriage by air involves an ultimate destination or stop outside the country of origin the Warsaw Convention may apply. The Warsaw Convention governs and in most cases limits the liability of carriers in respect of loss of or damage or delay to cargo. (For the purpose of these terms the phrase “the Warsaw Convention” means
    • The Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw on 12th October 1929 or
    • That Convention as amended or supplemented by any protocol or supplementary convention or
    • The Montreal Convention 1999, whichever is applicable.) Notwithstanding any clause to the contrary, international carriage by road may be subject to the provisions of the Convention on the Contract for the International Carriage of Goods by Road signed at Geneva on 19th May 1956 (“the CMR Convention”).
  • A shipment may be carried via any intermediate stopping places that Titan Logistics deems appropriate. Titan Logistics may engage sub-contractors to perform services and contracts both on its own behalf and on behalf of its agents and sub-contractors each of whom shall have the benefit of these terms.
  • In these terms, “Waybill” shall mean a single Titan Logistics waybill/consignment note or the entries recorded against the same date, address and service level on a pick-up record. All shipments covered under a Waybill shall be considered a single shipment.

2. Scope of Service

Unless any special services are agreed, the service to be provided by Titan Logistics is limited to the pick up, transportation, customs clearance where applicable and delivery of the shipment. The shipper acknowledges that that Titan Logistics may not monitor the inbound and outbound movement of individual shipments at all handling centers.

Titan Logistics is not a common carrier and reserves the right in its absolute discretion to refuse carriage to any package tendered to it for transportation.

3. Conditions of Carriage

This section sets out various restrictions and conditions which limit and govern the extent of the service Titan Logistics offers. It also explains what the consequences are of the shipper presenting shipments for carriage which do not meet these requirements.

3.1 Service Restrictions and Conditions
Titan Logistics does not offer carriage of shipments which do not comply with the restrictions in paragraphs (i) to (v) below.

  • Shipments must be weighted and accurate dimensions provided at the booking stage
  • The value of any package may not exceed the local currency equivalent of USD 50,000.
  • In addition the value of any jewellery or watches, glass and other goods which require careful treatment in any way because they are particularly fragile or can only be transported upright or only lying on a certain side.
  • Shipments must not contain any of the prohibited articles listed in the Guide including (but not limited to) articles of unusual value (such as works of art, antiques, precious stones, stamps, unique items, gold or silver), money or negotiable instruments (such as cheques, bills of exchange, bonds, savings books, pre-paid credit cards, share certificates or other securities), firearms and dangerous goods.
  • Shipments must not contain goods which might endanger human or animal life or any means of transportation, or which might otherwise taint or damage other goods being transported by Titan Logistics, or the carriage, export or import of which is prohibited by applicable law.

The customer acknowledges that Titan Logistics or its subcontract partners are not liable for any loss or damage to goods in transit containing the above whether such claims arise in common law, in equity, in tort (including personal injuries claims), pursuant to contract or pursuant to statue or otherwise howsoever arising and that we have irrevocably waived all such claims

The shipper shall be responsible for the accuracy and completeness of the particulars inserted in the shipment creation stage and for ensuring that all shipments set out adequate contact details for the shipper and receiver of the package and that they are so packed, marked and labelled, their contents so described and classified and are accompanied by such documentation as may (in each case) be necessary to make them suitable for transportation and to comply with the requirements of the Guide and applicable law. Unless a different service level is clearly selected on the Waybill or other applicable Titan Logistics shipping documentation, shipments will be carried under the Express service (where available to the selected destination) and all applicable charges will be calculated accordingly.

The shipper declares that all shipments presented for carriage under these terms have been prepared in secure premises, by him (in the case of an individual shipper) or by reliable staff employed by him and have been protected against unauthorised interference during their preparation, storage and transportation to Titan Logistics.

3.2 Perishable and temperature sensitive goods will not be transported and that the shipper accepts that this is at its own risk. Titan Logistics does not provide special handling for such shipments.

3.3 Refusal and Suspension of Carriage

  • If it comes to the attention of Titan Logistics that any package does not meet any of the above restrictions or conditions or that any COD amount stated on a COD Waybill exceeds the limits specified in paragraph 8, Titan Logistics may refuse to transport the relevant package (or any shipment of which it is a part) and, if carriage is in progress, Titan Logistics may suspend carriage and hold the package or shipment to the shipper’s order.
  • Titan Logistics may also suspend carriage if it cannot affect delivery at the third attempt, if the receiver refuses to accept delivery, if it is unable to affect delivery because of an incorrect address (having used all reasonable means to find the correct address) or because the correct address is found to be in another country from that set out on the package or Waybill or if it cannot collect amounts due from the receiver on delivery.
  • Where Titan Logistics is entitled to suspend carriage of a package or shipment, it is also entitled to return it to the shipper at its own discretion.

3.4 The shipper will be responsible for the reasonable costs and expenses of Titan Logistics (including storage), for such losses, taxes and customs duties as Titan Logistics may suffer and for all claims made against Titan Logistics because a package does not meet any of the restrictions, conditions or representations in paragraph 3.1 above or because of any refusal or suspension of carriage or return of a package or shipment by Titan Logistics which is allowed by this paragraph 3. In the case of the return of a package or shipment, the shipper will also be responsible for paying return transport charges calculated in accordance with the prevailing commercial rates of Titan Logistics.

3.5 Titan Logistics will not meet any losses which the shipper may suffer arising out of Titan Logistics carrying shipments which do not meet the restrictions or conditions set out in paragraph 3.1 above and, if Titan Logistics does suspend carriage for a reason allowed by these terms, the shipper shall not be entitled to any refund on the carriage charges it has paid.

3.6 If, having suspended carriage of a package or shipment in accordance with these provisions, Titan Logistics is unable within a reasonable time to obtain the shipper’s instructions on disposition of the package or shipment or to identify the shipper or any other person entitled to the goods (having if necessary opened the package), Titan Logistics or its partners shall be entitled to destroy or sell the package or shipment, at its absolute discretion. The proceeds of any such sale shall first be applied to any charges, costs or expenses (including interest) outstanding in respect of the package or shipment or otherwise from the shipper concerned. Any balance shall be held to the shipper’s order.

3.7 Titan Logistics and its partners reserves the right, but is not obliged, to open and inspect, or scan by means of X-ray, any package tendered to it for transportation at any time.

4. Customs Clearance

4.1 Where a package requires customs clearance, it is the shipper’s responsibility to provide complete and accurate documentation for the purpose but Titan Logistics will unless instructed otherwise act as the shipper’s agent in obtaining customs clearance. Provided that, in the case of shipments whose points of despatch and destination are both within the same customs area, Titan Logistics will only perform customs clearance if instructed to do so. The shipper also agrees that Titan Logistics may be considered as being the receiver of the package for the sole purpose of appointing a customs broker to carry out any customs clearance.

4.2 If any duties, taxes, penalties, charges or expenses are imposed or incurred as a result of any action by the customs authorities or as a result of any failure by the shipper or the receiver to provide correct documentation or any permits or licences required in connection with carriage, the receiver will initially be charged by Titan Logistics with payment and, if Titan Logistics cannot collect payment from the receiver on request, it will be the shipper’s responsibility to pay to Titan Logistics the amount in question.

5. Payment

5.1 The rates for transportation and other services are set out in the Tariff sheet and, unless paid before shipment, all charges must be paid within 15 days of receipt of invoice or within such other period as the shipper may have agreed in writing with Titan Logistics. Titan Logistics may verify the actual and/or dimensional weight of shipments and, if greater than the declared weight, invoice on such basis. Unless proved otherwise, an invoice shall be considered for this purpose to have been received three business days following the date of invoice.

5.2 If Titan Logistics is required to pay any taxes, duties or levies on behalf of the shipper, receiver or some other party, and Titan Logistics is unable to recover such amount on request from the relevant person, that amount will be payable by the shipper on demand. This also applies in cases where the receiver or, in the case of third party billing, the third party fails to pay any charges which they are due to pay.

5.3 Any sum payable to Titan Logistics which is overdue will bear interest at the rate specified on the invoice from the due date to the date Titan Logistics receives payment whether before or after judgment. In addition, Titan Logistics reserves the right to charge a late payment administration fee per invoice.

5.4 If any sum is not paid by the shipper, receiver or some other party under these terms, Titan Logistics may hold any shipments it is carrying until it receives payment in full or may sell such shipments and use the proceeds to make good the debt to it in accordance with applicable local law. Any unpaid balance will remain payable.

6. Interruption of Service

If Titan Logistics is unable to start or continue with carriage of the shipper’s package for a reason beyond its control, Titan Logistics will not be in breach of its agreement with the shipper but will take all steps that are reasonably practicable in the circumstances to commence or continue the carriage. Examples of events beyond Titan Logistics control are disruption to air or ground transportation due to bad weather, fire, flood, war, hostilities, civil disturbance, acts of government or other authorities (including, without limitation, customs) and labour disputes or obligations affecting Titan Logistics or some other party.

7. Collect on Delivery (COD)

For certain Services as agreed with Titan Logistics can offer a COD service on payment of an additional charge as set out in the Guide. If the shipper makes use of this service, subject to the provisions set out below (Including those relating to currency conversion) Titan Logistics will collect on behalf of the shipper the COD amount stated on the Waybill.

COD amounts must be specified on the Waybill in either EURO or, if different, the currency of the country of destination. Where any of the COD amounts specified on the Waybill, collected from the receiver and/or paid to the Shippers are in different currencies from each other, the conversion(s) will be made at such exchange rate(s) as Titan Logistics may reasonably determine. Titan Logistics does not accept responsibility for any currency exchange risks.

8.1 Cash COD

– This process will be determined and agreed with the customer depending on the customers’ business needs and requirements.

8.2. Liability

8.1 Where the Warsaw or CMR Conventions or any national laws implementing or adopting these conventions apply (for convenience referred to as Convention Rules) or where (and to the extent that) other mandatory national law applies, the liability of Titan Logistics is governed by and will be limited according to the applicable rules.

8.2 Where Convention Rules or other mandatory national laws do not apply, Titan Logistics will only be liable for failure to act with reasonable care and skill and its liability shall be exclusively governed by these terms and (save in the case of personal injury or death) limited to proven damages not exceeding the greater of either:

8.3 If the claimant (or any person from whom he derives his right to claim) has caused or contributed to any loss, damage or delay to a shipment or package, any liability Titan Logistics may incur in respect thereof (limited as above) may be reduced or extinguished in accordance with the law applicable to such contributory negligence.

8.4 The shipper may obtain the benefit of a greater limit of liability than Titan Logistics provides under paragraph 8.2 above or than may be provided by Convention Rules or other mandatory national law.

The shipper may do so by declaring a higher value on the Waybill and paying an additional charge as stated in the Guide. If the shipper declares a higher value for carriage and pays the applicable charge, then Titan Logistics liability shall be limited to proven damages not exceeding the sum so declared. The value of the goods concerned shall not in any event exceed the limits specified in paragraph 3.1(ii).

8.5 Save where Convention Rules or other mandatory national laws require otherwise, Titan Logistics does not accept responsibility for purely economic losses, such as the costs of any alternative means of transport, loss of profits, loss of business opportunities or loss of revenue resulting from loss of use, arising from any loss of or damage or delay to a shipment or package, whether or not a value has been declared in respect of the relevant shipment. Titan Logistics shall not be liable for any damage to or loss of any packaging.

9. Delivery

Titan Logistics may deliver a shipment to the receiver named on the waybill or to any other person appearing to have authority to accept delivery of the shipment on the receiver’s behalf (such as persons at the same premises as the receiver or neighbours of the receiver). Titan Logistics may use an electronic device to obtain proof of delivery and the shipper agrees that it will not object to Titan Logistics relying on a printed copy of this as evidence merely on the grounds that the information concerned is obtained and stored in electronic form.

Save where Convention Rules or other mandatory national laws require otherwise, Titan Logistics accepts no responsibility in any circumstances to suspend carriage, redirect delivery (whether to a different receiver or address from that named on the Waybill) or return a package to its shipper and, in the event that it should attempt but fail to do so, shall have no liability for any losses thereby occasioned.

10. Data Protection

The shipper agrees that Titan Logistics and other companies in the Titan Logistics group of companies worldwide, including companies in countries which may not have the same level of data protection as the country where the shipment is presented to Titan Logistics for carriage, may use any data provided by the shipper to Titan Logistics for management analysis and monitoring, the purchase and supply of customer materials, administration of customer accounts and the advertising of services and products provided by Titan Logistics companies. The shipper has certain rights under the law (exercisable by contacting Titan Logistics to have access to, rectify, object to the use for direct marketing of, or delete personal data held by Titan Logistics about it.

11. Claims Procedure

All claims against Titan Logistics must be notified in writing as soon as reasonably practicable and in any event within 14 days of receipt in the case of damage (including partial loss of a shipment), in the case of delay within 21 days of the goods being placed at the disposal of the person entitled to delivery and in the case of loss within 60 days of the goods being consigned with Titan Logistics for carriage. In addition, Titan Logistics will have no liability in connection with any shipment unless legal proceedings are brought and written notice of them is given to it within eight months after delivery of the goods concerned or, in the case of non-delivery, within eight months from the scheduled date for delivery.

This term shall not affect any rights the shipper may have under Convention Rules or other mandatory national laws.

12. Entire Agreement & Severability

It is the intention of Titan Logistics that all the terms of the contract between it and the shipper are contained in this document and in the Guide. If the shipper wishes to rely on any variation to these terms, it must ensure that that is recorded in writing and signed by the shipper and on behalf of Titan Logistics before the shipment is accepted for carriage by Titan Logistics. If any part of these terms is not enforceable, this will not affect the enforceability of any other part.

13. Governing Law

These terms shall be governed by the laws of the country where the shipment is presented to Titan Logistics for carriage.