שילוח בינ"ל, General Terms

General Terms

CUSTOMER HEREBY EXEMPTS SPARTA CARGO LTD. FROM ANY RESPONSIBILITY FOR ANY DAMAGE CAUSED BY THE PROVISION OF THE SERVICES AND SPARTA CARGO LTD. SHALL NOT BE LIABLE TO COMPENSATE THE CLIENT AND/OR ITS EMPLOYEES AND/OR ANYONE ACTING ON ITS BEHALF AND/OR ANY THIRD PARTY FOR ANY DAMAGE CAUSED AS A RESULT OF THE EXECUTION OF THE PURCHASE ORDER AND/OR PROVISION OF THE SERVICES, EXCEPT IN CIRCUMSTANCES WHERE SPARTA CARGO LTD. CAUSED MALICIOUS DAMAGE OR ACTED IN GROSS NEGLIGENCE ON ITS PART
WITHOUT DEROGATING FROM THE GENERALITY OF THE AFORESAID, IT IS HEREBY CLARIFIED THAT SPARTA CARGO LTD. ACTS TO REGULATE INTERNATIONAL SHIPPING AND MERELY ACTS AS A COORDINATING FACTOR ONLY FOR THE PURPOSES OF LOGISTICS AND SEA / AIR / LAND TRANSPORT AND THEREFORE IS NOT RESPONSIBLE FOR CHANGING THE ROUTE OF TRANSPORTATION AND/OR THE DURATION OF TRANSPORTATION AND/OR LATE ARRIVALS AND/OR CARGO DELIVERY AND/OR DAMAGE / DEFICIENCY CAUSED WHILE THE CARGO IS NOT IN THE ACTUAL POSSESSION OF SPARTA CARGO LTD. AND/OR TO ANY OTHER MATTER RELATED TO THE SERVICES AND WHICH IS NOT UNDER THE EXCLUSIVE CONTROL OF SPARTA CARGO LTD.
IN ANY CASE, SPARTA CARGO LTD.'S LIABILITY IS LIMITED ACCORDING TO THE RELEVANT INTERNATIONAL CONVENTIONS OR ACCORDING TO THE BILL OF LADING IF IT WAS ISSUED BY SPARTA CARGO LTD., INCLUDING WITH REGARD TO LIMITATION PERIODS AND THE AMOUNT OF LIABILITY.
IN NO EVENT SHALL SPARTA BE LIABLE FOR ANY DIRECT, INDIRECT, CIRCUMSTANTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR DAMAGES ARISING OUT OF ANY EVENT NOT UNDER SPARTA CARGO LTD.'S EXCLUSIVE CONTROL, INCLUDING WAR, STRIKES, TERRORIST ACTIONS, EARTHQUAKES AND/OR ANY OTHER EVENT NOT UNDER SPARTA CARGO LTD.'S EXCLUSIVE CONTROL. CUSTOMER HEREBY COMPLETELY EXEMPTS SPARTA OF ANY VICARIOUS LIABILITY OF ANY KIND AND CUSTOMER HEREBY COMPLETELY AND IRREVOCABLY WAIVES ANY CLAIM ATTRIBUTING TO SPARTA ANY VICARIOUS LIABILITY. THE CLIENT DECLARES AND CONFIRMS THAT HE HEREBY ABSOLUTELY AND IRREVOCABLY WAIVES ANY CLAIM AND/OR DEMAND AND/OR ACTION AGAINST SPARTA CARGO LTD. IN ANY OF THE CIRCUMSTANCES LISTED ABOVE AND/OR ARISING FROM VICARIOUS LIABILITY. WITHOUT DEROGATING FROM THE GENERALITY OF THE FOREGOING, CUSTOMER HEREBY EXEMPTS SPARTA CARGO LTD. FROM ANY LIABILITY FOR ANY DAMAGES CAUSED TO ANY CARGO WHATSOEVER.
TRANSPORT SCHEDULES AND PRICES ARE SUBJECT TO CHANGES AND ARE AT THE RESPONSIBILITY OF THE SHIPPING / AVIATION / PORT COMPANIES AND ARE NOT APPLICABLE TO HAZARDOUS OR DEGRADABLE OR EXCEPTIONAL OR REFRIGERATED MATERIALS. FLIGHT / SAILING DETAILS AND SCHEDULES ARE APPROXIMATE ONLY, ACCORDING TO DATA PROVIDED BY THE AIRLINES AND SHIPPING COMPANIES AND ARE SUBJECT TO CHANGES MADE BY THEM. THE AGREEMENT BETWEEN SPARTA CARGO LTD. AND THE CUSTOMER, INCLUDING REGARDING TO CONSIDERATION PAYMENT AMOUNTS, IS SUBJECT TO THE PROVISIONS AND TERMS OF THE AIR / SEA FREIGHT CONTRACTS APPEARING ON THE BILL OF LADING PROVIDED BY THE INTERNATIONAL FORWARDERS AND/OR THE SHIPPING / AIRLINE COMPANIES.
THE CLIENT UNDERTAKES TO OBTAIN, AT HIS OWN EXPENSE, ALL THE PERMITS, APPROVALS AND LICENSES REQUIRED FOR IMPORTING AND/OR EXPORTING AND/OR LOADING AND/OR UNLOADING, AS REQUIRED, EXCEPT THOSE WHICH SPARTA CLEARLY NOTIFIED IN WRITING THAT IT IS THE RESPONSIBILITY OF SPARTA CARGO LTD TO OBTAIN THEM. THE CUSTOMER SHALL BE LIABLE FOR THE PAYMENT OF ANY TAX AND/OR DUTY AND/OR PAYMENT APPLICABLE BY LAW IN RESPECT OF THE SERVICES (EXCEPT TAXES APPLICABLE TO SPARTA IN RESPECT OF RECEIPT OF PROCEEDS OF CONSIDERATION), UNLESS SPARTA CLEARLY UNDERTAKES IN WRITING TO BEAR SUCH PAYMENTS.