TERMS AND CONDITIONS
The following terms are agreed upon as soon as the given quote is accepted.
PART 1 –TERMS AND CONDITIONS
Upon agreement of the following terms, the undersigned “Customer” retains Horizon Entertainment as its agent to arrange transportation services and to provide logistics advice. These services include but are not limited to: preparing and/or processing export declarations; providing and/or arranging Customs brokerage services, booking, arranging for or confirming cargo space; preparing and/or processing delivery orders or dock receipts; preparing and/or processing bills of lading; arranging for and/or providing crating, packing, unpacking and warehouse storage; arranging for cargo insurance; handling freight or other monies advanced by shippers, or remitting or advancing freight or other monies or credit in connection with the dispatching of shipments; and giving advice concerning letters of credit, licenses or inspections, or other documents or issues relating to the dispatch of cargo.
Customer understands that HORIZON ENTERTAINMENT CARGO is not a carrier, but that HORIZON ENTERTAINMENT CARGO will use its best efforts to select and engage responsible carriers, warehouseman and other transportation intermediaries on behalf of the Customer. Customer understands that the terms and conditions of the storage, receipts of warehouseman and contacts of carriage of the water, road, or air carriers which HORIZON ENTERTAINMENT CARGO retains will apply to Customer as if Customer had entered into those contracts itself. Under some circumstances, HORIZON ENTERTAINMENT CARGO may provide warehouse service, ocean carriage in its capacity as a Non-Vessel Operating Common Carrier, or air-carriage in its capacity as an Indirect Air Carrier. In such instance, the terms of HORIZON ENTERTAINMENT CARGO warehouse receipt or bill of lading will apply as if it had been issued to the Customer.
Customer shall comply with all applicable laws and government regulations of any country to, from, through over which its goods may be carried, including those relating to the packaging, carriage, or delivery of the goods, and shall furnish such information to HORIZON ENTERTAINMENT CARGO as may be necessary to comply with such laws and regulations. Shipments covered by these terms and conditions are prohibited if diverted contrary to UK lawCustomer warrants that the goods are properly marked, addressed, and packaged to withstand and contemplated method of transport. Customer, or such person or entity that originates and tenders goods for handling or transport, hereby consents to an inspection of the cargo.
1A) LIMITATION OF LIABILITY FOR LOSS, DAMAGE OR DELAY
HORIZON ENTERTAINMENT CARGO will not be liable for any loss, delay or damage to goods caused by a carrier or warehouse. HORIZON ENTERTAINMENT CARGO will assert a claim for loss, damage or delay against the carrier or warehouse on behalf of Customer, but the recovery on such claims will, in nearly every case, be limited by the terms of the underlying contracts of carriage and storage.
HORIZON ENTERTAINMENT CARGO will not be liable for any loss, delay, or damage to goods caused by acts of God, public authorities, strikes, labor, disputes, weather, mechanical failures, civil commotion, acts of terrorism, hazards, incidents to a state of war, acts or omissions of customs, or defects in the goods being shipped. HORIZON ENTERTAINMENT CARGO will not be liable for any punitive or exemplary damages nor any special, incidental or consequential damages including lost income, profits, interest, or loss of market, whether or not HORIZON ENTERTAINMENT CARGO had knowledge that such damages might be incurred.
UNLESS OTHERWISE SPECIFIED, IT SHALL BE PRESSUMED THAT THE VALUE OF CUSTOMER’S GOODS DOES NOT EXCEED £0.50 PER POUND OR £40 PER ARTICLE, WHICHEVER IS LESS, AND CUSTOMER AGREES THAT HORIZON ENTERTAINMENT CARGO LIABILITY FOR ANY LOSS, DAMAGE OR DELAY TO THE GOODS RESULTING FROM HORIZON ENTERTAINMENT CARGO NEGLIGENCE OR OTHER FAULT, IF ANY, WILL BE LIMITED BY THIS PRESUMPTION. CUSTOMER HAS THE OPTION OF PAYING SPECIAL COMPENSTATION TO PROCURE INSURANCE VALUE OF THE GOODS IN ACCORDANCE WITH THE TERMS OF PARAGRAPH 1 B BELOW.
CUSTOMER IS ENCOURAGED TO PURCHASE FREIGHT INSURANCE OR TO INSTRUCT HORIZON ENTERTAINMENT CARGO TO PURCHASE FREIGHT INSURANCE ON ITS BEHALF IF THE AFORESAID LIMITATIONS POSE UNACCEPTABLE RISKS TO THE CUSTOMER.
HORIZON ENTERTAINMENT CARGO WILL ONLY HONOR INSURANCE CLAIMS WHEN A PREMIUM IS CHARGED ON AN INVOICE AND COLLECTED BY HORIZON ENTERTAINMENT CARGO FOR THE SHIPMENT IN WHICH CLAIM OCCURRED.
1B) SERVICE FEES DO NOT INCLUDE CARGO INSURANCE UNLESS REQUESTED (PREMIUM PAID) AND INITIALLED BELOW; DECLARATION OF VALUE FOR INSURANCE PURPOSES
HORIZON ENTERTAINMENT CARGO fees and charges may include the cost of insurance covering physical loss or damage with a deductible of 5% of shipment value but not less than £750 or more than £2,500.* (Please note that £2,500 deductible will not apply for shipments valued above £100,000. HORIZON ENTERTAINMENT CARGO reserves the right to increase deductible, but such increase would be manually agreed on with shipper). The insurance will be procured by HORIZON ENTERTAINMENT CARGO, when requested by and for the benefit of Customer. However, Customer understands that HORIZON ENTERTAINMENT CARGO may decline Customer’s request to procure insurance. Customer agrees, in those instances in which HORIZON ENTERTAINMENT CARGO accepts Customer’s request to procure insurance, to pay additional compensation in order procure insurance in excess of HORIZON ENTERTAINMENT CARGO limit of liability for physical loss or damage to the actual replacement value of the goods and understands that failure to pay insurance fees shall result in the loss of coverage. Customer shall inform HORIZON ENTERTAINMENT CARGO in writing of the actual replacement value of each shipment it wishes to insure; the failure of Customer to so advise HORIZON ENTERTAINMENT CARGO shall result in there being no insurance coverage procured. FAILURE TO INITIAL BELOW WILL RESULT IN NO INSURANCE BEING PROCURRED BY HORIZON ENTERTAINMENT CARGO FOR THE BENEFIT OF CUSTOMER.
1C) CUSTOMER WARRANTIES; INSPECTION OF SHIPMENTS
Customer warrants that it shall not tender to HORIZON ENTERTAINMENT CARGO any shipment containing explosives, destructive devices or hazardous material for transports, handling or storage. Customer warrants that it shall consider all Customer Supply Chain Security Recommendations and Guidelines issued by HORIZON ENTERTAINMENT CARGO Customer agrees that HORIZON ENTERTAINMENT CARGO is allowed to inspect, through physical or any other means, any shipment tendered to HORIZON ENTERTAINMENT CARGO for transports, handling or storage, including shipments in sealed packaging. HORIZON ENTERTAINMENT CARGO has the right to reject, and return to Customer at Customer’s expense, any shipment tendered to it in violation of the Customer’s warranties as set forth herein. Customer shall make no claim nor bring suit against HORIZON ENTERTAINMENT CARGO or any person or entity acting on behalf of HORIZON ENTERTAINMENT CARGO arising from an inspection. Customer shall hold harmless HORIZON ENTERTAINMENT CARGO from and shall defend and indemnify HORIZON ENTERTAINMENT CARGO against any damage, loss, claim or suit arising from any breach of Customer’s warranties as set forth herein.
1D) PROMPT NOTICE OF LOSS, DELAY OR DAMAGE REQUIRED
Customer agrees to inspect its shipment upon delivery and to give prompt notice of any loss or damage within 3 days of delivery for ocean shipment and within 5 days of delivery for air or ground shipments. Any oral notice of claim must be followed by writtennotice of claim. Customer agrees that HORIZON ENTERTAINMENT CARGO will not be held responsible for any loss or damage if written notice of damage is not provided to HORIZON ENTERTAINMENT CARGO within 10 days of delivery or in the event of loss within 15 days of when the goods should have been delivered. Customer agrees to monitor its shipment and to immediately give notice in writing to HORIZON ENTERTAINMENT CARGO of any delay. Any notice of delay must be made in writing no later than 5 days after Customer’s anticipated date of delivery. Customer agrees that notification of delay does not invalidate HORIZON ENTERTAINMENT CARGO limitation of liability set forth in paragraph 1A above.
1E) PAYMENT OF INVOICES REQUIRED BEFORE CONSIDERATION OF CLAIMS
Customer agrees that HORIZON ENTERTAINMENT CARGO has no obligation to consider claims, or to prosecute such claims against carriers or warehousemen on behalf of Customer, if Customer has paid HORIZON ENTERTAINMENT CARGO invoices.
1F) HORIZON ENTERTAINMENT CARGO GIVEN A LIEN ON INSURANCE PROCEEDS
Customer agrees that HORIZON ENTERTAINMENT CARGO shall have a lien in the amount of any unpaid invoices on any insurance proceeds issuing as a result of loss, delay or damage to Customer’s cargo.
1G) CLAIMS EXPIRE AFTER ONE-YEAR
Any suit brought against HORIZON ENTERTAINMENT CARGO must be commenced within one year of the date of this agreement or after completion of the services performed, whichever is later. In the event of delay or non-delivery, the scheduled delivery date shall be deemed as the day on which services were completed for purposes of computing the one year time limit.
PART 2 – PAYMENT TERMS AND CREDIT AGREEMENT
2A) PAYMENT GUARANTEED BY CUSTOMER AGREEMENT
Customer guarantees payment for all services rendered and carriage arranged by HORIZON ENTERTAINMENT CARGO on Customer’s behalf, no matter what person ordered the services or benefited there from.
HORIZON ENTERTAINMENT CARGO reserves the right to amend the final invoice from the original quote if the parameters have altered. (E.g. weight fluctuation, change of service)
2B) CUSTOMER BEARS RISK OF FOREIGN EXCHANGE FLUCTUATIONS
Estimates of service charges may have been given by HORIZON ENTERTAINMENT CARGO using current exchange rates. Actual charges may differ in accordance with variations in the currency exchange rate at the time service is provided.
2C) SERVICE FEES ACCURE ON LATE PAYMENTS
Customer agrees to pay HORIZON ENTERTAINMENT CARGO invoices within 15 from the date of insurance. For any payments not received within 10 days, Customer agrees that HORIZON ENTERTAINMENT CARGO will be entitled to a late fee of 1 ½% of the outstanding amount of each month or fraction thereof from the invoice date.
2D) HORIZON ENTERTAINMENT CARGO ENTITLED TO ATTORNEY FEES INCURRED IN COLLECTION
Customer agrees to pay HORIZON ENTERTAINMENT CARGO attorney fees, costs and other expenses incurred in the event this account requires that an attorney be engaged for purposes of collection.
2E) HORIZON ENTERTAINMENT CARGO GIVEN A LIEN ON GOODS FOR UNPAID CHARGES
The Customer and the consignee or holder of or assignee on any bill of lading shall be jointly and severely liable for all unpaid charges for services provided under this agreement. When HORIZON ENTERTAINMENT CARGO is instructed to collect charges from any person or entity other than the Customer, the Customer shall remain liable for the charges and interest if HORIZON ENTERTAINMENT CARGO is not paid.
HORIZON ENTERTAINMENT CARGO SHALL HAVE A LIEN ON ANY GOODS SHIPPED UNDER THIS AGREEMENT FOR FAILURE TO PAY CHARGES ON BOTH CURRENT AND PRIOR SHIPMENTS, REGARDLESS OF CREDIT ARRANGEMENTS, OWED BY THE CUSTOMER OR CONSIGNEE OR HOLDER OF OR ASSIGNEE ON ANY BILL OF LADING. CUSTOMER AGREES THAT HORIZON ENTERTAINMENT CARGO LIEN CONTINUES IN EFFECT AFTER THE GOODS ARE DELIVERED AND UNTIL ALL CHARGES ARE PAID.
Customer agrees to sign any notice of a security interest whether in the form of a UCC-1 or other form requested by HORIZON ENTERTAINMENT CARGO Customer HORIZON ENTERTAINMENT CARGO as its attorney-in-fact to sign any such notice on Customer’s behalf in the event Customer fails to sign it immediately upon HORIZON ENTERTAINMENT CARGO request.
2F) PERMISSION TO RECEIVE CREDIT INFORMATION
Customer authorizes HORIZON ENTERTAINMENT CARGO to obtain Credit Reports on Customer or any individuals listed below or to obtain credit and funding information from Customer’s bank or other persons or entities listed as references below. It is understood that any such credit information will be held in strict confidence and used only for HORIZON ENTERTAINMENT CARGO business purposes. Customer further agrees to supply such additional information as may be required by HORIZON ENTERTAINMENT CARGO to warrant future extensions of credit or to enable HORIZON ENTERTAINMENT CARGO to perfect liens or to recover upon any bond issue.
2G) DUTIES AND TAXES
Customer acknowledges that Customer is solely responsible for collecting, reporting and payment of any and all sales taxes, use taxes, excise taxes Customs duties, and all other assessments on Customer’s goods, regardless of the role(s) undertaken by HORIZON ENTERTAINMENT CARGO on behalf of the Customer, as required by applicable laws or imposed by any government authorities. In the event a governmental authority imposes a tax, Customs duty or other assessment against HORIZON ENTERTAINMENT CARGO regarding Customer’s goods, Customer shall promptly acknowledge Customer’s obligation hereunder to the governmental authority and shall defend and indemnify HORIZON ENTERTAINMENT CARGO against such action and assessment.
PART 3 – SPECIAL POWER OF ATTORNEY
In addition to the general customs power of attorney attached also executed, Customer specifically grants the following export power of attorney:
POWER OF ATTORNEY GRANTED BY CUSTOMER AS UK PRINCIPAL PARTY IN INTEREST TO AUTHORIZED AGENT FOR EXPORT SHIPMENTS –
PART 4 – TERM OF AGREEMENT AND TERMINATION; LEGAL JURISDICTION
4A) TERM OF AGREEMENT AND TERMINATION
This Agreement shall be effective upon execution and shall remain in effect until canceled by either party upon thirty (30) days written notice to the other party, or upon breach of the agreement by Customer for failure to pay HORIZON ENTERTAINMENT CARGO fees.
Customer understands that the terms and conditions under which HORIZON ENTERTAINMENT CARGO services are provided are subject to change. Customer is advised to take note of the most current terms and conditions which are posted on HORIZON ENTERTAINMENT CARGO web site and which are also available to Customer upon request.
4B) APPLICABLE LAW AND FORUM SELECTION
To the extent not governed by applicable statutes, the British laws shall govern the validity, construction and performance of this Agreement and all controversies and claims arising hereunder. Customer agrees that the forum for any litigation arising out of the performance of this agreement, whether initiated by the Customer or Horizon Entertainment Cargo, shall be London, UK.
4C) THIS FORM IS THE ENTIRE AGREEMENT AND SUPERSEDES CONTRARY ORDERS
These terms and comprise the entire agreement between Customer and HORIZON ENTERTAINMENT CARGOIf the terms of this Agreement differ in any material way from the terms of Customer’s order or other documents issued from HORIZON ENTERTAINMENT CARGO, the terms of this Agreement shall take precedence over the terms of any such order or documents.