 |
|
|
|
|
|
|
Last Updated: September 15, 2006
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE. |
These terms and conditions of use (“Site Terms”) apply to your use of this website (the “Site”), and do not alter in any way the terms or conditions of any other agreement you may have with Entertainment Cargo, its subsidiaries or affiliates. By using this Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorized to accept these Site Terms on such entity’s behalf, and that such entity agrees to indemnify Entertainment Cargo for violations of these Site Terms.
|
Privacy Policy |
|
Entertainment Cargo is committed to protecting your privacy. We do not disclose personal information to our business partners, subsidiaries or affiliates. |
|
Ownership of the Site and its Contents |
|
This Site is owned by Entertainment Cargo and its business partners, Horizon Entertainment Cargo Pty Ltd, Horizon Entertainment Logistics, Horizon Entertainment Cargo/London, Horizon Entertainment Cargo/New Zealand, IMEX Customs Brokers, IMEX Import and Export, IMEX and New Direx Incorporated. Unless otherwise indicated, all of the content featured or displayed on this Site, including, but not limited to, text, graphics, data, images, illustrations, software, and the selection and arrangement thereof is owned by Entertainment Cargo and its business partners. |
|
Use of the Site |
|
This Site is intended for customers, suppliers and business partners of Entertainment Cargo. You may not use this Site or its contents for any purpose not related to your business with Entertainment Cargo. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Site without, or in violation of, a written license or agreement with Entertainment Cargo; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any product or service if you are not expressly authorized by such party to do so; and (e) using the Site other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.
You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from Australia, Canada, New Zealand, the United Kingdom, the United States of America or the country in which you reside.
|
|
Questions and Contact Information |
|
Questions or comments about the Site or Site Terms may be directed to David McKay at dmckay@imexcustoms.com
(Tel. 905-712-8200) or Phil McDonnell at phil@hecargo.net (Mobile (+44) 0 787 988 1426). |
Last Updated: September 15, 2006
Entertainment Cargo, its affiliates and business partners provide services to Customers subject to the following standard conditions. In ordering our services, the Customer accepts these conditions on its own behalf and on behalf of any person or corporation for whom Customer is acting. |
|
Entertainment Cargo acts as Agent Only |
|
Entertainment Cargo acts as agent only on behalf of its Customer in providing services as a customs broker and as a freight forwarder. In its capacity as a freight forwarder, Entertainment Cargo will procure on behalf of the Customer the services of third parties for the carriage, storage, packing and handling of the Customer's goods, on the usual terms and conditions (including limitation of liability) of such parties. The sole responsibility of Entertainment Cargo shall be to enter into binding contractual obligations, on behalf of the Customer, with responsible carriers and service providers on their usual terms and conditions. |
|
Warehousing |
|
In accepting goods for storage in its own facilities, the obligations of Entertainment Cargo will be subject to these conditions and to the terms of Entertainment Cargo's warehouse receipt. |
|
Quotations |
|
Quotations are based strictly on information provided by Customer and shall be valid for 30 (thirty) days or such shorter time as Entertainment Cargo may otherwise state in writing. Quotations shall be conditional upon confirmation of dimensions, weights and quantities and are subject to filing, space and equipment availability. No quotation is final or binding on Entertainment Cargo until such time as a booking confirmation is issued. Rates are expressed in the origin country's currency, unless otherwise indicated. Rates do not include customs examination charges, if any. |
|
Taxes |
|
Federal, State, Regional, Provincial, Municipal, City and/or Township Taxes and Levies will be applied, if applicable and shall be payable by the Customer. |
|
Terms of Payment |
|
Unless otherwise agreed in writing, terms of payment are net 30 (thirty) days. |
|
Limitation of Liability |
|
In no event shall Entertainment Cargo be liable to Customer or to any other party, whether in contract, tort or otherwise, and whether such liability arises from Entertainment Cargo’s negligence, breach of contract or breach of duty, for an amount exceeding US$2.50 (two dollars and fifty cents U.S.) per kilo of gross weight of the goods which are the subject of Entertainment Cargo’s services or US$50,000.00 (fifty thousand U.S. dollars), whichever is less. The Customer agrees to indemnify Entertainment Cargo and hold it harmless against any claim in excess of the amounts expressed herein, whether such claim is made by Customer or by any other person. |
|
Consequential Damages |
|
Entertainment Cargo shall not be liable for: (a) incidental, consequential or indirect damages suffered by the Customer or any other party, including loss of use, loss of revenue or profit, loss of market or loss of business or goodwill; (b) loss damage or expense arising from delay or failure to meet specific delivery dates; (c) loss, damage or expense arising from the Customer’s failure to follow procedures recommended by Entertainment Cargo; (d) loss of or damage to the Customer’s goods caused by the act, neglect or default of any third party, including the Customer or anyone acting on the Customer’s behalf; (e) loss of or damage to the Customer’s goods which is covered by the Customer’s insurance (whether such insurance has been purchased by the Customer or by Entertainment Cargo on the Customer’s behalf); (f) loss or damage caused after crates, packages or containers have been opened for any reason during transportation, including inspection for customs purposes; or (g) loss or damage caused by inherent vice of the goods. |
|
Force Majeure |
|
Neither party shall be considered in default as a result of, or shall be liable to the other party for, any delay or failure to perform its obligations hereunder as a result of acts of god, the elements, strikes, lockouts, terrorism, insurrection or war, shortage of parts, labour or transportation or any other cause beyond the reasonable control of such party. Any party relying on this clause shall give notice to the other party immediately after the occurrence and shall resume performance under this agreement as soon as such occurrence has ceased. |
|
Optional Insurance at Customer’s Expense |
|
It is the Customer's responsibility to insure its goods and the quoted rate does not include insurance. Under special arrangements, if requested in writing by the Customer and accepted by Entertainment Cargo, Entertainment Cargo may procure insurance on the Customer’s behalf in excess of the amounts set forth above upon the Customer agreeing to pay Entertainment Cargo’s additional charges for procuring such insurance. Details of Entertainment Cargo’s additional charges will be provided upon request. Any such insurance shall be subject to the terms of the applicable policy. |
|
Servants or Agents |
|
These conditions shall apply to and for the benefit of any servant or agent engaged by Entertainment Cargo to perform any services on behalf of the Customer. |
|
No Amendment |
|
These conditions may not be modified or amended except by a written agreement signed by a duly authorized officer of Entertainment Cargo. |
|
Lien |
|
The Customer's Goods shall be subject to a particular and general lien in favour of Entertainment Cargo for all charges due either in respect of such goods or in respect of other charges of Entertainment Cargo, whether then due or not. |
|
Claims |
|
In the event of an occurrence which may give rise to a claim against Entertainment Cargo, the Customer shall give immediate notice to Entertainment Cargo and shall within thirty (30) days of the occurrence, provide Entertainment Cargo with written notice of the claim, giving full details of the claim, together with a statement of the amount of the claim. All Entertainment Cargo charges are to be paid in full, without set-off for claims. |
|
Time for Suit |
|
Entertainment Cargo shall be discharged from all liability unless suit is brought within two (2) years of the act or omission of Entertainment Cargo alleged to give rise to the claim. |
|
Law and Jurisdiction |
|
This contract shall be subject to the laws of the country of origin, as each may apply. |
|
|
|
|
|
|
|
|
|
|
