Terms and Conditions

Rest assured that our shipper-agent terms and conditions are readily available for your reference. 
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g4s international logistics shipper-agent terms and conditions

Term of Quote:

Quotations are valid for acceptance for 30 days following date of this advice. The quoted charges allow for delays of up to one hour on any segment of any shipment. Any charges for delays beyond one hour will be charged to you at cost. Payment terms are net 14 days from receipt of invoice unless alternative arrangements are in place via contract. In the absence of any other terms and conditions agreed upon in writing by both parties, the services detailed in this quotation are subject to the terms and conditions contained in the G4S International Standard Agreement, a copy of which can be found at [place the URL here].

Service Parameters:
 
Door to Door - Liability commences at collection upon formal receipt of consignment in any city and will cease upon delivery under formal receipt to consignee location. Our quote includes Security vehicle collection, security monitoring throughout transit, airfreight on a pre-paid firm load basis, customs clearance procedures (where agreed upon in writing by G4S International) and security vehicle delivery.

Door to Airport - Liability commences upon formal receipt of consignment in any city and ceases upon aircraft arrival at port gate of destination at any airport in any city and at chocking of aircraft wheels and prior to opening of aircraft cargo doors. Our quote includes security vehicle collection, security monitoring throughout transit and airfreight on a prepaid firm load basis.

Airport to Door - Liability commences from wheels up at port of departure and ceases upon delivery under formal receipt to consignee location. Our quote includes customs clearance procedures (where agreed upon in writing by G4S International), air freight on a pre-paid firm load basis and security monitoring throughout transit.

Airport to Airport - Liability commences from wheels up at port of departure and ceases upon aircraft arrival at port gate of destination at any airport in any city and at chocking of aircraft wheels and prior to opening of aircraft cargo doors. Our quote includes airfreight on a pre-paid firm load basis and security monitoring throughout transit.

Service Exclusions:

Packing: Prices do not include packing and are based on the commodity being adequately packed securely in sealed containers/boxes to an acceptable standard for domestic and/or international shipment.

Charges Not Included: Please note that this quote does not include any declaration fees, taxes, duties or local import charges, insurance & security surcharge due carriers, nor any allowance for weekend or public holiday work, overtime or out of hours activity. G4S International will not be liable for any circumstances beyond the control of G4S International, ie flight cancellations, delays, offloading due to payload restrictions, etc. Any incidental charges incurred by G4S International will be passed onto customer at cost.

Airline Rates: Quotes provided are subject to and based upon availability of specific airline carriers, prevailing freight rates, particular routes, and in some cases sub-contract security support. Any changes in availability for the above factors may necessitate a review of our quotes and subsequent adjustment subject to mutual agreement.

Obligation to Ship: Nothing in this proposal obliges G4S International to conduct any shipment should the circumstances relating to that shipment not be to our entire satisfaction.
Remarks: Any previous quotes in related to the above routing/commodity/weight/mode of transport shall be obsolete, effective immediately.

Customer Agreement

1. G4S shall call for Shipments of precious metal, currency, coins, bullion, securities, bonds, share certificates, and other items of unusual value at such locations and times as may be mutually agreed upon by the parties, and shall store, guard and transport Shipments and deliver same in like condition to a designated consignee at such time as is mutually agreed upon by the parties.  For the avoidance of doubt, G4S shall not be under any obligation to store, guard and/or transport any Shipment unless all of the aforementioned details relating to such Shipment have been agreed and accepted by both G4S and Customer.  A "Shipment" shall mean an item or items collected at any one place at any one time, which is or are for consignment for delivery to a single consignee.  An "item" shall mean any pallet, container or receptacle of any kind used to hold the property to be transported or, where bars of bullion or precious metal are being transported unpackaged, as is common market practice, an "item" shall mean a single bar. Customer shall pay G4S for its services at rates agreed upon by the parties from time to time.

2. Customer agrees to pay G4S, within fifteen (15) days of presentation of periodic invoices, the charges for specific shipments, agreed to pursuant to paragraph 1. If G4S brings an action by an attorney for collection, G4S shall be entitled to be awarded attorney's fees and costs.  A service charge of one and one-half percent (1 and 1/2%) per month of the amount unpaid, or such lesser rate as allowed by law, is due and payable to G4S on all invoices not paid in full within fifteen (15) days of the invoice date.  As to invoices remaining unpaid beyond fifteen (15) days, Customer agrees to pay all G4Ss’ costs of collection including reasonable attorney’s fees.

3. To the extent applicable, G4Ss' acceptance of any shipment shall be conditioned upon the shipments being in packages or containers appropriate to transportation of the kind of commodities transported.  G4S shall not be obligated to receive any bag, package, container or shipment not prepared for transportation in a manner appropriate to the commodity being transported. The shipments shall be clearly labeled as to permit G4S to determine that it is authorized to transport said commodity and shall include the consignor's and consignee's name and address and, where appropriate, the stated value of each package, container, or commodity.  Customer assumes responsibility for compliance, if applicable, with all Federal, National or State Statutes or rules and regulations, including but not limited to those promulgated by the Environmental Protection Agency or similar State or National Agencies relative to the transportation of hazardous materials, hazardous waste, and agrees to indemnify and hold G4S harmless from and against any liability arising as the result of the failure of Customer to comply with such statutes, rules or regulations.

4. G4S shall be responsible for the safe keeping of the commodities transported and/or warehoused for the Customer. Such liability shall commence at the point stated in the service order or quotation, or in the event that there is no such stipulation in the service order or quotation, when the commodities have been received by G4S.  Such liability shall terminate at the point as stated in the service order or quotation, or in the absence of such a stipulation when commodities have been delivered to the consignee thereof designated by the customer, or, in the event of non-delivery, have been returned to the Customer.

5. G4S agrees to assume entire liability for any damage to or loss of, howsoever caused including hold-up and hi-jacking (subject always to paragraph 12 below and any other terms hereof), (each, a "Loss") any shipment, shipments, or part thereof, up to the amount of the lesser of USD $300,000,000 or such amount as stated in the Service Order or quotation.

6. G4S shall be liable in the event of shortage or loss from whatever cause including its own negligence. The maximum liability of G4S shall be the actual value of any lost or destroyed commodity determined by the basis of valuation outlined in paragraph 11 below.

7.1 In this paragraph 7:

7.1.1 “Acts of Terrorism” shall mean an  act,  including  the  use of force or violence,  of any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organisation(s) or government(s), committed for political, religious or ideological purposes including the intention  to  influence any government and/or to put the public in fear.

7.1.2 “Uninsured Risks” shall mean:

(a) ionising radiation from or contamination by radioactivity from any nuclear fuel or from any nuclear waste or from the combustion of nuclear fuel;

(b) radioactive, toxic, explosive or other hazardous or contaminating properties of any nuclear installation, reactor or other nuclear assembly or nuclear component thereof;

(c) any weapon or device employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter;

(d)   radioactive, toxic, explosive or other hazardous or contaminating properties of any radioactive matter unless it is a radioactive isotope (other than nuclear fuel) being prepared, carried, stored or used for commercial, agricultural, medical, scientific or other similar peaceful purposes;

(e)   chemical, biological or electromagnetic weapons used in connection with an act of terrorism;

(f) natural aging, gradual deterioration, inherent defect, rust or oxidization, moth or vermin;

(g) any repairing, restoring, retouching or similar process;

(h) aridity, humidity, exposure to light or extremes of temperature unless such loss or damage is caused by fire, lightning, explosion, storm, flood or earthquake;

(i)    Acts of Terrorism to the extent not covered by G4S’s insurance; and

(j) War Risks, to the extent not covered by G4S’s insurance; and

(k) Cyber Risks, to the extent not covered by G4S’s insurance.

7.1.3 “War Risks” shall mean loss arising from destruction or physical damage directly or indirectly occasioned by, by, happening through or in consequence of war, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power;

7.1.4 "Cyber Risks" shall mean loss arising from loss of, damage to, or unauthorised disclosure of, Electronic Data.

7.1.5 "Electronic Data" shall mean facts, concepts and information converted to a form useable for communications, interpretation or processing by electronic and electromechanical data processing or electronically controlled equipment including programmes, software, and other coded instructions for the processing and manipulation of data or the direction and manipulation of such equipment.

7.2 Notwithstanding anything herein contained, the liability of G4S hereunder shall not extend to, and G4S shall not be liable hereunder for:

(a) Loss arising directly or indirectly from the Uninsured Risks;

(b)   Loss consisting of breakage of articles of a brittle or fragile nature unless such breakage is caused by fire, lightning, theft or attempted theft, cyclone, tornado, windstorm, earthquake, flood, explosion, malicious mischief or overturning of conveyance;

(c) loss or damage caused by or resulting from action taken by governmental authority in hindering, seizure or destruction under quarantine or customs regulations, or confiscation by order of any government or public authority, or risks of contraband or illegal transportation or trade including, without limitation, under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES);

(d) loss or damage arising directly or indirectly from any act or default of customer, its employees, officers, agents or representatives;

(e) loss or damage arising directly or indirectly from any debt of the Customer, failure on the part of the Customer to pay customs duties, failure on the part of the Customer to provide bond or security, or any financial cause on the Customer’s part, whether under court order or otherwise;

(f) loss or damage arising directly or indirectly from any failure by the Customer to comply in all respects with the laws (local or otherwise) of any country within whose jurisdiction the property may be.

7.3 G4S will not be held responsible in any way for any loss, delay or damage resulting from any inaccuracy in the values or other information relating to a Shipment declared by the shipper or consignee to customs both at the origin or destination. The Customer takes full responsibility to declare the correct value or merchandise. Any fines or penalties arising from false declaration will be payable by shipper or consignee and the Customer will indemnify G4S against any costs, claims or liability arising from the same, including, without limitation, any legal or other costs which G4S may incur in relation thereto. G4S will only be responsible for the transportation and safe carriage of the goods. G4S may make a declaration to customs, but any such declaration will only be based on the Customer's invoice given by the customer to G4S and the fact that G4S has made such declaration shall not absolve the Customer from responsibility for the contents thereof.

8. G4S shall not be liable for non- performance or delay caused by road, street or weather condi¬tions or any other cause or event beyond its control.  G4S is not a guarantor of any pickup or delivery times and such times are approximations or estimates.  G4S shall not be liable for consequential loss, including but not limited to business interruption, delay, deterioration and/or loss of market.

9. In consideration of G4S obtaining the cargo insurance coverage required pursuant to this Agreement and as a fundamental condition of G4S providing services hereunder, the Customer agrees and understands that G4S’s liability for any loss, shortage or damage to cargo under this contract or in tort or otherwise shall be further limited to the aggregate of (i) the amount of any insurance proceeds approved and paid by G4S’s insurance carrier described below and (ii) any insurance excess or deductible applicable to the relevant claim. The Customer agrees that it will not seek additional recovery from G4S including, but not limited to, for any claims not approved by the insurance carrier, in whole or in part, or for claims in excess of the limits of G4S’s insurance policy. Without prejudice to the generality of the foregoing, the Customer understands and accepts that G4S’s insurance carrier will not provide cover, pay any claim or provide any benefit under an insurance policy to the extent that the provision of such cover, payment of such claim or provision of such benefit would expose such insurance carrier to any sanction, prohibition or restriction under United Nations resolutions or the trade or economic sanctions, laws or regulations of the European Union, United Kingdom or United States of America and the Customer accepts that G4S shall have no liability for a Loss to the extent that insurance cover or any claim related to such Loss is denied by reason of the foregoing.

10. It is also understood and agreed by the parties hereto that none of G4S’s parent, subsidiaries, affiliates, or their respective officers, directors and employees shall assume any responsibility for any loss or damage sustained in connection with this Agreement, by virtue of their relationship with G4S or the performance of or failure to perform the services contemplated hereunder in contract or tort, whether for negligence or otherwise or for any other reason whatsoever. The above constitutes G4S’s complete and exclusive liability to the Customer for loss, shortage or damage to cargo and the Customer will have no other claim against G4S of any kind in respect of such loss shortage or damage, either in contract or tort, whether for negligence or otherwise. The Customer acknowledges that it is a fundamental condition of G4S providing services hereunder that the liability of G4S its parents, subsidiaries and affiliates for loss, shortage or damage to cargo shall be limited as provided above and that the terms on which G4S provides such services, including its charges therefore, are entered into on the assumption that such limitation is reasonable and shall be effective.

11. The value of any Loss relating to Shipments of currency shall be face value as declared by shipper.  Value of precious metal shipments shall be determined by {i} the first London Market fixing price of such precious metal on the day following the day on which the loss was discovered and reported to Customer by G4S, or the day following the day on which the loss was discovered and reported by Customer to G4S multiplied by the applicable weight and {ii} any premium value which, as a reasonable industry practice, would also be included in determining such value.  The Value of any Loss relating to Shipments of securities, {iii} shall be expenses and/or charges incurred by the Customer in reprinting and obtaining the re-issue of the lost or damaged securities, provided however, that should such interest which was previously considered to be totally destroyed or irretrievably lost, be subsequently presented by third parties and ultimately honored by the issuer, G4S will indemnify the Customer for the full face value of the said interest as honored by the issuer.

12. Customer agrees that, where property is packed into a sealed package or container, G4S shall not be liable for any loss or damage to the contents of any package or container to the extent such loss or damage was caused by the negligent packing of such packing or container.  G4S shall have the right to refuse to accept any package or container that is not properly packaged or sealed.

13. G4S will notify Customer promptly of any loss of or damage to, of which it has knowledge, to a Shipment of part thereof during the period it is liable for such loss or damage.

14. As a condition precedent to recovery, Customer must notify G4S in writing of any claim or loss within four (4) working days after a loss is discovered or should have been discovered in the exercise of due care, and in any event within seven (7) working days after the occurrence of any such loss and, unless such notice shall have been given, any such claim shall be deemed to have been waived.  To the extent not in conflict with applicable law, no action, suit or other proceeding to recover for any such loss shall be maintained against G4S unless written notice shall have been given to G4S as aforesaid and unless such action, suit or proceeding shall have been commenced within nine months of the discovery of such loss by the Customer with respect to which suit, action or proceeding shall be brought.  Within thirty days after giving of written notice of any claim of loss, Customer shall furnish G4S detailed written proof of loss specifying date of shipment, name and address of consignee and consignor, and notice and description of the shipment and the loss alleged.  Customer agrees to cooperate with and assist G4S or its insurer in the investigation and recovery of such loss.  Upon payment of a loss hereunder, G4S or its insurance company shall be subrogated to all the Customer's rights and remedies of recovery therefor.

15. G4S shall not store, guard, transport or deliver any Shipments, Shipment or part thereof related to or arising from this Agreement, the aggregate value of which, including any other Shipments, Shipment or part thereof related to or arising from any other arrangement, would exceed the amount stated in paragraph 5 herein or such amount as stated in the service order or quotation.  However, upon written request by Shipper, G4S will request additional insurance coverage from its insurers.  Such additional insurance coverage is subject to higher rates, and the parties must both agree in writing before any such additional insurance coverage is implemented.

16. G4S shall obtain and maintain, at all times during the term of this contract, insurance payable to G4S in such amount and against such risks as shall adequately cover the maximum liability of G4S set forth in this Agreement.

17. An original, executed certificate evidencing the insurance required pursuant to this Agreement is attached to the Customer's duplicate original as Exhibit A, and by executing this Agreement, the Customer confirms that it has reviewed and agrees with the terms of the Certificate of Insurance.  This Certificate supersedes any certificate that may have been issued previously.

18. G4S agrees for itself, its officers, directors, agents, servants, employees, successors and assigns to keep confidential any and all information obtained about Customer (including without limitation information relating to Customer's operations, personnel and security) unless it is compelled to disclose such information by a government authority having jurisdiction.  Customer agrees for itself, its officers, directors, agents, servants, employees, successors and assigns to keep confidential any and all information obtained about G4S operations, personnel and security unless it is compelled to disclose such information by a government authority having jurisdiction.

19. This contract shall be effective ____________ and shall remain in full force and effect for one year from such date and shall renew automatically thereafter for one year terms unless terminated by either party giving the other party written notice of such intention to terminate at least thirty (30) days prior to any anniversary date.

20. G4S shall not use the Customer’s name as a reference, in any promotional materials or in any advertising without first obtaining Customer's written permission.

21. All notices pursuant to this Agreement will be given by fax, confirmed by copy sent certified mail return receipt requested, or by certified mail return receipt requested, at the following address:

G4S INTERNATIONAL LOGISTICS
5th Floor, Sutton Park House
15 Carshalton Road, Sutton
SM1 4LD
United Kingdom

22. The parties hereto agree that this Agreement shall be construed and enforced in accordance with the laws of and subject to the jurisdiction of the courts of England and Wales.

23. This Agreement comprises the entire contract between the parties, and any different or additional terms and conditions or any document generated shall be of no force and effect unless specifically agreed to in writing by both the Customer and G4S.  No modification of this Agreement will be effective unless in written form executed by both the Customer and G4S.  No waiver by either party of any breach of any provision herein shall constitute a waiver of any other breach or of such provision.

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