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Boxnotch Terms and Conditions


Thank you for showing interest in our service. In designing our website, operations and procedures, including the Terms and Conditions set out below; we have tried to be clear and concise as possible. Transparency is one of our core values and this we also hope to achieve by ensuring that the terms and conditions reflect these values.

Customers are further reminded that in such transactions there are three separate parties: the Customer, the Merchant/shop from where the items are purchased and us, providing the transport (delivery service) of the items purchased. These terms and conditions cover the provision of the transport of such goods, and Customers are reminded that, for the terms and conditions relating to the purchase of any goods, they should refer to the specific terms and conditions provided by the relevant Merchant/shop.

THE ATTENTION OF THE CUSTOMER IS DRAWN TO THE FOLLOWING TERMS AND CONDITIONS. FOR THE PROTECTION OF THEIR OWN INTEREST, CUSTOMERS SHOULD READ THESE TERMS AND CONDITIONS, INCLUDING THE APPENDIXES, CAREFULLY BEFORE USING ANY OF THE SERVICES PROVIDED HEREIN. BY USING THE WEBSITE, CUSTOMERS SIGNIFIES THEIR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS. ANY DOUBT AS TO THE MEANING OF THE TERMS AND CONDITIONS, SHOULD BE REFERRED TO THE FOLLOWING EMAIL ADDRESS: info@boxnotch.com. WE ALSO PLACE VALUE ON ANY SUGGESTIONS OUR CUSTOMERS MAY PUT FORWARD ON HOW WE CAN IMPROVE OUR SERVICE INCLUDING THESE TERMS AND CONDITIONS.


Sections

1.    Definitions
2.    General
3.    Website registration
4.    Making a request for a product
5.    Delivery service
6.    Customs
7.    Customers use of the website
8.    Indemnification
9.    Copyright and trademark notices
10.  Liability disclaimer
11.  Force Majeure
12.  Applicable Law and Arbitration
13.  Miscellaneous

 

 

 


1.    Definitions

•    “Affiliate agreements” means agreements that the Company has entered into with various Merchants. Whilst the Company takes great care in the selection of the Merchants with which they have agreements we can-not guarantee the level of service that these individual Merchants offer.    

•    “Boxnotch recommended shops” are Merchants with which the Company has an Affiliate Agreement and which have also undergone our quality control procedures.

•    “Carrier” means the company which ships the goods, the vessel and any subcontractors at all stages of the carriage, as stated in a Bill of Lading.

•    “Company” means Sullivan Shipping Agencies Ltd a limited liability company organized and registered under the laws of Malta, with its head office located at 192, Old Bakery Street, Valletta, Malta (hereinafter "the Company");

•    “Company Policies” means any Company policies outlined on the Website;


    “Customer” means any person who uses our transport services and/or uses the Website or any links contained within the website or any information published on the Website in any manner;

•    “Customer’s Account” means a virtual account in the Customer’s name which is opened on the Website;

•    “Customer’s Bank Account” means the Customer’s bank account details as entered during the registration process of a Customer with the Website in accordance with Clause 3.1 hereunder;

•    “Delivery Services” means the service of delivering the Product/s as described in Clause 5;

•    “Identification Details” means the Customer’s user name, a password and personal e-mail address;

•    “Merchant” means any legal or natural person with whom the Company has entered into an agreement for the marketing of Product/s through the Website;

•    “Product/s” means product/s being marketed by a Merchant through the Website and/or purchased from Merchants for which Boxnotch has been seperately engaged to deliver the products to the Customers;

•    “Payment Details” means all the details pertaining to the Customer’s chosen payment method;

•    “Privacy Policy” means the Company’s privacy policy as outlined on the Website;

•    "User Content" means all information, data, text, software, photographs, graphics, video, messages and other materials, whether publicly posted or privately transmitted, which are uploaded, posted or otherwise transmitted via the Website;

•    “Website” means www.boxnotch.com.

2.    General

2.1    The Company offers the Delivery Service to Customers under the Terms and Conditions as further described in Clause 5 below. The Company’s Website also operates an online freight calculator   through which a Customer may:

2.1.1    Calculate the  the cost of the Delivery Service it wishes to request ;
2.1.2    Book and pay for the Delivery Service from the Company.


2.2    The Website is also designed to facilitate purchase of the Product/s by the Customer through some or all of following services, as the case may be:
 

2.2.1    List of affiliated Merchants categorised by type of products sold;
2.2.2    Advertising of Product/s;
2.2.3    Product Description;
2.2.4    Search functionalities using key words or Product categories;
2.2.5    Requesting of Product/s from the Merchant.
 

2.3    The Customer may carry out any of the following actions through the Website:
 

2.3.1  Requesting of the Delivery Service for any product whatsoever, whether or not such product was requested or purchased through the Website;
2.3.2  Requesting of a Product through the Website by visiting a Merchant’s website via a link from the Website and purchasing the Product directly from the Merchant’s website, whilst purchasing the Delivery Service separately from the Company;
2.3.3   Requesting of a Product through the Website by searching for a Product on the Website and making a single payment for the Product and the Delivery Service in relation to that Product; (this functionality is not currently available).

 

2.4    The Customer understands that the only service which shall be provided to him directly from the Company is the Delivery Service. The Customer further understands and acknowledges that in all cases described in Clause 2.3.1, 2.3.2 and 2.3.3 above, s/he is merely requesting a Product through the Website. The Customer is not purchasing any Product/s directly from the Company at any time. A contract of sale for a Product is concluded directly with the Merchant as further described in Clause 4 below, and in accordance with that Merchant’s own terms and conditions. The Company does not own, endorse, examine or evaluate the Product/s, and is not responsible for the quality, merchantability or fitness for a particular purpose of the Product/s; neither does the Company assume any responsibility for the content of any Merchant’s website, and/or for the Merchant policies. The Customer agrees to contact the Merchant directly in relation to questions, complaints or disputes he may have in respect of any Product/s and shall not involve the Company in any dispute relating to the Product/s.
2.5    The Privacy Policy and other Company Policies as amended from time to time, form an integral part of these Terms and Conditions, and any reference to the “Terms and Conditions” shall include a reference to the Privacy Policy and other Company Policies.
2.6    The Company is entitled to amend the Terms and Conditions at any time and to do so according to its absolute and exclusive discretion. Therefore, the Customer is required to review the Terms and Conditions every time prior to making use of the Website. The Customer’s use of the Website will automatically signify his intention to be bound by the amended Terms and Conditions.
2.7    The Terms and Conditions, as updated or amended from time to time by the Company, constitute the entire understanding by and between the Company and the Customer. Any presentation, promise, undertaking or consent, whether verbal or in writing, which does not comply with the Terms and Conditions, is null and void.

 

3.    Website Registration

3.1    A Customer is encouraged, but is not obliged, to register on the Website, as specified in this Clause, prior to requesting a Product as described in Clause 2.3.1, 2.3.2 or 2.3.3 and prior to purchasing the Delivery Service. In order to complete the registration process, a Customer must choose and enter his Identification Details, Payment Details and any other details requested by the Company on the registration page of the Website.

3.2    A Customer Account will be opened for each Customer who chooses to undergo the registration process in accordance with Clause 3.1 above. In the event that the Customer attempts to access his Customer Account, full Identification Details will be requested. The Website's operating system will compare the Identification Details entered by the Customer with the Identification Details held by the Company, and only in the event of complete identification will the Customer be allowed to access his Customer Account.

3.3    The Customer has the sole responsibility for keeping his Identification and Payment Details confidential. The Company shall not be liable in any manner whatsoever, for any unauthorized use of the Customer’s Identification, Payment Details or of the Customer Account by any third parties, unless such unauthorized use has occurred due to gross negligence on the part of the Company.

3.4    Should the Customer wish to request a Product as described in Clause 2.3.1 or 2.3.2 or to purchase the Delivery Service, without creating a Customer Account, he will still be required to enter the relevant details, including Payment Details in order for the request to be processed and for the Delivery Service to be carried out. In such case the Company will not store any details entered by the Customer.

4.    Making a Request for a Product


4.1    A contract of sale for a Product is never concluded with the Company and such sale shall be subject only to the terms and conditions specific to that Merchant, as available on the relevant Merchant’s website.

4.2    As stated in clause 2.4, the customer is not purchasing directly from the company at any time. Thus the company does not get involved with the return, cancellation and/or refun of any products. Returns, cancellations and refunds are subject to terms and conditions specific to that Merchant, and the Merchant's policies in this respect are available on the relevant Merchant's website. The Company shall not be obliged, in any way whatsoever, to undertake the delivery of any returned products, whether or not such products were requested through the Website.

4.3    A contract of sale for the Delivery Service has not been concluded at the stage when the Customer places a request for the Delivery Service as described in Clauses 2.3 above. A contract of sale for the Delivery Service is concluded when the Company sends a Confirmation E-mail to the Customer, accepting the Customer’s request to make use of the Delivery Service, and confirming the  price and availability of the Delivery Service.

5.     Delivery Service


5.1    When booking the Delivery Service through the Freight Calculator you will be able to choose an additional option for door to door delivery to an address inserted within the appropriate tabs at an extra charge as indicated within the freight calculator. If the door to door delivery options is not chosen then the Company will deliver the Product/s to the Company’s warehouse at Miral Works, Cannon Road Hamrun, Malta.
5.2    The Customer will be required to present his Identity Card or other form of official identification in order to collect the Product/s from the Company’s warehouse. Product/s not collected from the Company’s warehouse within sixty (60) days from arrival will be disposed of by the Company.
5.3    The Company aims to deliver the Product/s in accordance with the timescales chosen when booking the delivery service within the freight calculator. .
5.4    The Customer acknowledges and accepts that the timescales described in Clause 5.3 are not guaranteed delivery times. The Company its agents, employees, sub-contracted parties, or any entity acting on its behalf, shall not be liable if the Product/s is/are not delivered in accordance within the said timescales due to circumstances beyond the Company’s control, including those circumstances where the delay has occurred due to a fault on the part of the Merchant.
5.5    Prices for the Delivery Service are calculated according to the actual volumetric weight and size of the product to be delivered, and any product may be re-weighed and re-measured by the Company at any time  to confirm this calculation. The Customer shall be reinbursed  (refer to clause 6.2) or shall reimburse the Company  in the event that the product is of a different volumetric weight and/or size from the actually paid for. Additionally, the Customer shall reinburse the Company for all shipment charges, ancillary charges, duties and taxes owed for the Delivery Service or incurred by the Company on the Customer’s behalf and all claims, damages, fines and expenses incurred if the product is deemed unacceptable for transport as described in Clause 5.7. The Company shall be entitled to retain the product and to take action in accordance with Clause 5.9, if the Customer refuses to so refund the Company.

5.6    Boxnotch.com is operated by Sullivan Shipping Agencies LTD, who are officially authorized by the Malta Financial Services Authority to carry out Tied Insurance Intermediary activities on behalf of Gasan Mamo Insurance Ltd. We thus, offer a Marine Cargo Insurance policy which will cover the carriage of your goods and allow for a truly hassle and worry free transportation solution. Whenever you purchase a freight service from Boxnotch.com, through the freight calculator, the resulting freight cost will also cover the insurance premium so that you will not have to undergo any further process. On Appendix 1 to these Terms and conditions we have include the Specimen Standard Terms and Conditions covering the insurance policies underwritten by GasanMamo Insurance Ltd. You will be receiving the actual Marine Insurance Policy by electronic mail.


5.7    The Company will not provide the Delivery Service in relation to a product which:
 

5.7.1    Contains counterfeit goods, animals, bullion, currency, banderols/tax stickers, bearer form negotiable instruments, precious metals and stones; real or imitation costume jewellery, real or imitation firearms, parts thereof, weapons, explosives and ammunition; human remains, pornography or illegal narcotics/drugs);
5.7.2     Contains any other item which the Company decides cannot be carried safely or legally, or if its packaging is defective or inadequate.
 

5.8    Several Items are  classified as hazardous material, dangerous goods, prohibited or restricted articles by international transport entities such as   IATA (International Air Transport Association), ICAO (International Civil Aviation Organisation), ADR (European Road Transport Regulation on dangerous goods), IMO ( international Maritime Organization ). These items have  transport & interchange restrictions. The Company can carry some of these Items at a premium given on the freight calculator depending on the item description / classification. It is the sole responsibility of the client to identify their product as Hazardous and the Company will not be held responsible for any incorrect declarations made by the customer. The Merchant should inform the Customer if the purchased products are Hazardous and should provide the Customer with a DG (dangerous goods) number. The Customer must send this number to the Company by email as it is required for customs clearance.
5.9    If the Delivery Service cannot be carried out for any reason provided in Clause 5.7, or if the Customer cannot be reasonably identified or located, or if the Customer refuses delivery or refuses to pay any additional charges which were incurred in relation to the Delivery Service, or where the product being delivered has been undervalued for customs purposes, the Company reserves the right to dispose of or sell the product without incurring any liability whatsoever. The resulting proceeds, after deduction of any costs, may be returned to the Customer, if available
5.10    The Company or any other entity acting on its behalf is authorized to perform any of the following activities on the Customer’s behalf, if so required in order to be able to provide the Delivery Service:
 

5.10.1.    Completion of any documents, amendment product or service codes, and payment any duties or taxes required under applicable laws and regulations;
5.10.2    Acting as the Customer’s forwarding agent for customs and export control purposes and/or to receive the product solely for the purpose of designating a customs broker to perform customs clearance and entry.
 

5.11    The Company and any other entity acting on its behalf shall at all times have the right to open and inspect any product in respect of which the Delivery Service has been purchased, without prior notice.
5.12    The Company, its agents, employees, sub-contracted parties, or any entity acting on its behalf, shall not be liable for any loss and/or damage, whether sustained in the course of transit or whilst in temporary storage, to the Product/s, delay, duty, tax, rent, other charges or consequential loss, non-performance of any obligation, mis-delivery, misdirection, costs or expense except as specified in Article 5.13.
5.13    Subject to the exclusions of liability in these Terms and Conditions, and only to the extent that it is proved that the claim arises solely from the negligence of the Company, its servants or employees, or sub-contracted parties, the Company shall be liable for the type of loss or damage set out below subject to the financial limits stated:

5.13.1    Physical loss of or damage to the Product/s, but not exceeding the lesser of the value of the Product/s lost, or the reasonable cost of repair in the case of damage;
5.13.2    Misdirection of the Product/s but not exceeding the lesser of the cost of transporting the Product/s to the correct destination by the mode of transport that would have applied in the absence of such misdirection less the cost that would have been incurred in transporting the Product/s to the correct destination in the absence of such misdirection, or the value of the Product/s misdirected;
5.13.3    Loss of or damage as a direct result of failure to deliver or arrange delivery of the Product/s, in a reasonable time but not exceeding the lesser of the sum equal to twice the amount freight that would have been earned by the Company, or the value of the goods.

5.14    The Company, its agents, employees, sub-contracted parties, or any entity acting on its behalf, shall in no circumstances whatsoever be liable for indirect or consequential loss such as (but not limited to) loss of profit or loss of market.
5.15    The Company, its agents, employees, sub-contracted parties, or any entity acting on its behalf,  shall not incur any liability whatsoever for claims relating to the Delivery Service arising from:
 

5.15.1    Any act or omission of the Customer or Merchant or any person acting on their behalf, or any act or omission of any other person not employed or contracted by the Company, including, but not limited to, any customs or other government official;
5.15.2    Any acts of the Company conforming with the instructions given by or on behalf of the Customer or Merchant;
5.15.3    The act or order of any authority;
5.15.4    Insufficiency or inadequate packaging or labelling of the Product/s except where such services have been provided by the Company;
5.15.5    The handling, loading, stowage or unloading of the Product/s by the Customer or Merchant or any person acting on their behalf;
5.15.6    The nature of the Product/s;
5.15.7    Riots, civil commotions, strikes, lockouts, stoppage or restraint of labour;
5.15.8    Explosion, fire, flood or storm;
5.15.9    Breakdown of or failure of any handling equipment of the Company its agents, employees, sub-contracted parties, or any entity acting on its behalf,;
5.15.10    Breakdown of, accident to, failure or interruption of or reduction in the mains electrical supply to the Company; it hereby being agreed that the Company, its agents, employees, sub-contracted parties, or any entity acting on its behalf, is under no obligation whatsoever to have available any auxiliary power supply;
5.15.11    Any cause which the Company, its agents, employees, sub-contracted parties, or any entity acting on its behalf, could not avoid and the consequences whereof it could not be prevented by the exercise of reasonable diligence, including, but not limited to:

5.15.11.1    Damage to electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings;
5.15.11.2    Damage arising out of any defect or characteristic related to the nature of the product to be delivered, even if known to the Company.

5.16    All claims must be submitted in writing to the Company within thirty (30) days from the date on which the Customer has accepted the product, failing which, the Company shall have no liability whatsoever.

5.17    The Company may sub-contract any part of the Delivery Service, as it may deem fit, at any time, without the need to notify the Customer

5.18    Notwithstanding the forgoing provisions, the Company may limit its liability at all times in accordance with any Bill of Lading as drawn up by the Carrier and any statute to which such Bill of Lading refers. Furthermore, unless the value and nature of the goods have been declared and inserted in the Bill of Lading, the Company may limit its liability to the amount as declared in the Bill of Lading or any statute to which it refers.

6.    Cancellations and Refunds


6.1  The customer may cancel the delivery service at any time prior to the delivery of the products into our foreign depot by the Merchant. In order to cancel a booking, the customer must e-mail us on our customer care e-mail address - customercare@boxnotch.com.

6.2  The company will refund the customer, in full or partially, only in the event of:
       6.21  The cancellation of the delivery service as stated in clause 6.1 above (this would be a full refund);
       6.22  Variance in actual measurements of the final package as stated in clause 5.5 - Delivery Service (this will be a partial refund).
The Company will reimburse the Customer through a card payback/refund procedure on their same credit/debit card number that they paid with.
 
 

7.     Customs
7.1    Any additional charges relating to customs clearance are to be incurred by the Customer. Whilst the Company will ensure that the customs clearance charges are correctly applied in accordance with custom rules and regulations the Company has no control over these charges and cannot provide an estimate of the cost. Any additional costs incurred in relation to the customs clearance will be charged to the customer at final delivery/pick up of the packages.


8.    Customer’s Use of the Website

8.1    A Customer may not request any Product or purchase any service through the Website if he is under the age of eighteen (18) on the date of request and/or purchase, unless this is done with the proven involvement of a parent or legal guardian.
8.2    It is the Customer’s responsibility to ensure that correct instructions are given to the Company in order to make a request and/or purchase. The Company shall not be held liable for any errors committed by the Customer when making a request or purchase.
8.3    The Website is for the Customer’s personal and non-commercial use. The content and information on this Website, as well as the infrastructure used to provide such content and information, is proprietary to the Company and/or the Merchants. Accordingly, the Customer shall not use this Website or its contents or information for any commercial or non-personal purpose, direct or indirect. The Customer shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell or re-sell any information, software, Product/s, or services obtained from this Website.

8.4    The Customer shall not:
 

8.4.1    Portray the Company, the Merchants or other affiliated companies and/or the Product/s, the Delivery Service, and any other services provided through the Website in a false, misleading, derogatory, or otherwise offensive matter;
8.4.2    Create any link to the Website without the Company’s prior written consent:
8.4.3    Restrict or inhabit the use or enjoyment of the Website by any third party:

8.4.4    Use the Website:
  

8.4.4.1    In any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way;
8.4.4.2    For any purpose that is unlawful or prohibited by these Terms and Conditions, or to send, post, transmit, use or reuse any material that is offensive, abusive, indecent, defamatory, obscene or menacing, in breach of copyright, trademark, confidence, privacy or any other right or is otherwise injurious to third parties or objectionable, including material which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or "spam" ;
8.4.4.3    To cause annoyance, inconvenience or needless anxiety.

8.5    The Customer acknowledges responsibility for all User Content posted or otherwise transmitted on the Website. The Customer further grants the Company the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content, in whole or part, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

8.6    The Company has the right in its sole discretion to refuse, move or remove any User Content that is available via the Website which in any manner violates or may violate these Terms and Conditions or is otherwise objectionable.

8.7    The Company may, in its own discretion, block a Customer from the Website if such Customer is in breach of any of these Terms and Conditions.

 

9.    Indemnification

9.1    The Customer agrees to defend and indemnify the Company, its affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal, judicial and accounting fees, brought by third parties as a result of the Customer’s breach of these Terms and Conditions, violation of any law or the rights of a third party or use of this Website.

10.    Copyright and Trademark Notices

10.1    All intellectual property rights in the Website, including the 'boxnotch.com' domain, the Boxnotch logo, Website content including the freight calculator, Website design and software therein, are property of the Company. Other product and company names mentioned in the Website may be the trademarks of their respective owners, which the Company is licensed or otherwise authorized to use.
 

11.    Liability Disclaimer

11.1    The Company shall not be held liable for any lost or delayed transactions caused by a computer or communications fault of any nature that may occur at any stage of the transaction.
11.2    The information and activities offered on the Website may include inaccuracies or typographical errors. In particular, the Company and its affiliates do not guarantee the accuracy of, and disclaim liability for inaccuracies relating to the information and description of the activities, services and Product/s displayed on the Website.
11.3    The Company makes no representations about the suitability of the information contained on the Website for any purpose. All information offered on the Website are provided "as is" without warranty of any kind. The Company hereby disclaims all warranties and conditions with regard to the information and the Product/s offered on the Website.
11.4    In no event shall the Company be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, the use of the Website or with the delay or inability to use the Website, or for any information, software, Product/s, and services obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, strict liability, or otherwise, even if the Company, its affiliates, and/or their respective suppliers have been advised of the possibility of damages.
11.5    Without prejudice to the aforesaid, and subject to Clause 5 above with respect to liability for the Delivery Service, the Company’s maximum liability to the Customer, whether in tort, contract, negligence or otherwise arising out of or in connection with the Website shall, in aggregate, be the sum that the Customer has paid to the Company for that particular transaction giving rise to the cause of action.

 

12.     Force Majeure

12.1     Neither party shall be liable to the other for any delay or failure to perform its obligations under these Terms and Conditions if such delay or failure arises from a cause beyond the reasonable control of and is not the fault of such party, including but not limited to labour disputes, strikes, industrial disturbances, acts of God, acts of terrorism, floods, lightning, utility or communications failures, earthquakes or other casualty. If a force majeure event occurs, the non-performing party is excused from whatever performance is prevented by the force majeure event to the extent prevented.

13.     Applicable Law and Arbitration


13.1    The validity, interpretation and enforcement of these Terms and Conditions shall be governed exclusively by the laws applicable in the Republic of Malta.
13.2    Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be settled through dispute resolution proceedings in the Consumer Affairs Tribunal or by arbitration in accordance with Part IV (Domestic Arbitration) of the Malta Arbitration Act and the Arbitration Rules of the Malta Arbitration Centre as at present in force. The appointing authority and administrator shall be the Malta Arbitration Centre. The place of arbitration shall be Malta.  

 

14.    Miscellaneous

14.1    No joint venture, partnership, employment, or agency relationship exists between the Customer and the Company as a result of this agreement or use of this Website.
14.2    If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.
14.3    Any rights not expressly granted herein are reserved.

Terms and Conditions Sullivan Shipping Agencies Ltd

January 2012

 

APPENDIX 1 - INSURANCE POLICY                                          

                       

MARINE CARGO INSURANCE POLICY

 

GasanMamo Insurance Ltd., (hereinafter referred to as the Company) hereby agrees on consideration of the payment to the Company by or on
behalf of the assured of the premium specified in the schedule, to insure against loss, damage, liability or expense in the manner hereinafter
provided.

This insurance is subject to English law and practice.
In witness whereof this policy has been signed on behalf of the Company on the date stated on the schedule.

JURISDICTION CLAUSE

This Policy shall for all effects and purposes be deemed to be a Maltese contract.

Without prejudice to any arbitration proceedings in Malta under current statutory provision, this Policy shall be subject to the exclusive jurisdiction of the Maltese courts.
We will pay only in respect of judgements, orders or awards that are delivered by or obtained from a court within Malta, or in Arbitration in Malta under current statutory provisions. We will not pay in respect of any judgement, order or award obtained in Malta for the enforcement of a judgement or arbitration award obtained elsewhere or to costs and expenses of litigation recovered by any claimant from you or any other person entitled to indemnity under this policy which costs and expenses of litigation are not incurred in Malta.


PROCEDURE IN THE EVENT OF LOSS OR DAMAGE FOR WHICH UNDERWRITERS MAY BE LIABLE

Liability of Carriers, Bailees or other Third Parties
It is the duty of the Assured and their Agents and or servants in all cases, to take such measures as may be reasonable for the purpose of averting or minimizing a loss and to ensure that all rights against Carriers, Bailees or other third parties are properly preserved and exercised. In particular, the Assured or their Agents and / or servants are required:

1. To claim immediately on the Carriers, Port Authorities or other Bailees for any missing packages.
2. In no circumstances, except under written protest, to give clean receipts where goods are in doubtful condition.
3. When delivery is made by Container, to ensure that the Container and its seals are examined immediately by their responsible official. Any
damages / dents / irregularities to carton & / or outer packing should be noted on the Delivery Receipt and contents within thoroughly checked immediately. Such damages / losses should be endorsed on the Delivery Receipt accordingly.
If the Container is delivered damaged or with seals broken or missing or with seals other than as stated in the shipping documents, to clause the delivery receipt accordingly and retain all defective or irregular seals for subsequent identification.
4. To apply immediately for survey by Carriers or other Bailees Representatives if any loss or damage be apparent and claim on the Carriers or other Bailees for any actual loss or damage found at such survey.
5. To give notice in writing to the Carriers or other Bailees within 3 days of delivery.

NOTE:  The consignees or their Agents and or servants are recommended to make themselves familiar with the Regulations of the Port Authorities at the port of discharge.

Claim Notification to Insurer
Notification of any claim must be made to GasanMamo Insurance Ltd immediately upon discovery of loss or damage.

Survey and Claim Settlements
In the event of loss or damage, which may involve a claim under this insurance, immediate contact must be made with the surveyors or claims agents shown on this certificate.

Documentation of claims
To enable claims to be dealt with promptly, the Assured or their Agents and or servants are advised to submit all available supporting documents without delay, including when applicable:

1. Original policy or certificate of insurance.
2. Original or copy shipping invoices, together with shipping specification and/or weight notes.
3. Original Bill of Lading and/or other contract of carriage.
4. Survey report or other documentary evidence to show the extent of the loss or damage.
5. Landing account and weight notes at final destination.
6. Correspondence exchanged with the Carriers and other Parties regarding their Liability for the loss or damage.
7. Customs' / NSO Entry Forms.
8. Notice of Arrival.
9. Replies to Letters of Reserve.
10. Delivery Receipts endorsed with the relative damages / shortages.
11. Delivery Receipt signed by person collecting consignment from supplier / warehouse / depot.
12. Letters of Reserve to Carriers and other parties concerned.


Excess
An excess of €60 any one consignment applies


CLAUSES AND CONDITIONS
Institute Cargo Clauses A - CL 382
Institute Cargo Clauses (Air) (Excluding Sendings By Post) CL387
Institute War Clauses (Cargo) CL 385
Institute War Clauses (Air Cargo) (Excluding Sendings By Post) CL 388
Institute Strikes Clauses (Cargo) CL 386
Institute Strikes Clauses (Air Cargo) CL 389
Institute Classification Clauses CL 354 But Vessels Not Complying Held Covered
Termination Of Transit Clause JC2009/056
Institute Radioactive Contamination, Chemical, Biological, Biochemical And Electromagnetic Weapons Exclusion Clause - CL 370
Institute Cyber Attack Exclusion Clause - CL 380
Sanction Limitation and Exclusion Clause (LMA 3100)
Political Risk, Financial guarantee and Credit Risk Exclusion Clause
Electronic Date Recognition Endorsement
Information Technology Hazards Clause
Year 2000 Exclusions
N.B. Institute Clauses specified above are available upon request

Data Protection Notice
To the extent that the information supplied by you, whether orally or in writing, constitutes personal data, including sensitive data within the provisions of the Data Protection Act, you consent to the processing of such data for purposes of administering your proposal for insurance, your Policy, underwriting, handling of claims and also for the purposes of detecting, preventing and suppressing fraud and of keeping statistics. We may be required to collect further information from our sub-agents, other insurance companies, insurance intermediaries or insurance associations.
In addition, we may pass some or all of the information to other insurance companies, or insurance associations for underwriting and claims handling purposes and also for the purposes of detecting, preventing and suppressing fraud and of keeping statistics. This also helps us to check the information provided. When we deal with your request for insurance, we may search this information. When you tell us about an incident which may or may not give rise to a claim, we will pass information relating to it to the Malta Insurance Association.
We and other companies within our group would like, on occasion, to keep you informed of our products and services, by mail, fax, e-mail or other electronic means. Please inform us in writing if you do not wish to receive this information or if you wish to receive such information solely from GasanMamo Insurance Ltd.
You have the right to request access to, and rectification of, your personal data held by us by directing your request in writing signed by yourself to the Data Protection Officer, GasanMamo Insurance Ltd., Msida Road, Gzira GZR1405.

 

 
 

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