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The conditions are the intellectual property of Jordanian logistics association (JLA) and are solely for the use by current JLA.

General terms

  • The Forwarder is to carry out comprehensive forwarding services by land, sea and air as well as warehousing and agency works
  • The Forwarder must carry out his/her services with the care and diligence of a reputable business man and must protect the interest of his Customers and this includes the works of Third Parties , as chosen by Forwarder to provide services on behalf of Customer
  • Standard Trading Conditions apply in the Forwarder’s business relationship with Traders , Legal Person and Public State Enterprises and to cover all his services irrespective of whether related to forwarding carriage ( whether by sea, land or air ) storage , agency work or other operations connected with / to the forwarding trade
  • The Standard Trading Conditions are not applicable when the Forwarder is acting simply as a transport subcontractor undertaken on the bases of special terms & conditions.These standards do not apply to Forwarders operations in connection with furniture removal in closed vans/containers, except in the case of transport to or from foreign countries
  • If special Local or Regional TradeCustoms or Legal Provisions differ from the Forwarders Standard Trading Conditions, the latter shall take precedence, except of course, where such Legal Provisions are of mandatory nature by Law
  • Forwarders do not accept liabilities for actions, errors and/or omissions on the part of Third Parties who are governed by their own rules and regulations
  • Unless requested otherwise by the Customer, The Forwarder is authorized to agree the usual terms and conditions of Third Parties. In the relationship between a Principal Forwarder and an Intermediate Forwarder. The business Terms and Conditions of the Intermediate Forwarder prevail and are deemed to be the Standard Trading Conditions
  • Quotations made by The Forwarder are valid only if accepted without delay for immediate execution; provided that the quotation contains nothing to the contrary of prevailing legislations and applications

ORDERS , INSTRUCTIONS, DECLARATIONS …ETC

  • The burden of proof in relation to orders, instructions , declarations and notices rests on the Forwarder and Customer
  • The order to the Forwarder must contain references , serial numbers , number / nature and contents of packages, and all other particulars necessary for the proper and safe execution of the order. The Customer bears the possible consequences arising out from incorrect or incomplete particulars ; even if there is no negligence on his part unless the obvious incorrectness or incompleteness of the particulars were known to the Forwarder
  • Forwarder is not obliged to weigh packages or to check it’s contents nor to measure dimensions, unless specifically instructed, in writing , to so do by the Customer. In the case when cargo that , in Forwarders’ standard practices, is not subject to prior quality / quantity inspections, namely but not limited to, cargo in bulk, , full truck loads and the like, the acknowledgement of receipt by the Forwarder shall not be interpreted as Forwarders’ conclusive confirmation regarding quality and/or quantity
  • Neither the Forwarder nor the Customer are liable for damages incurring with relevance to any verbal instructions, declarations and /or notices unless pre-documented in writing by either party towards the other . Notwithstanding thereof, neither the Forwarder nor the Customer can be held liable for instructions, declarations , notices and/or the transfer of documents or cargo to Third Parties who are neither concerned thereby nor authorized thereto (unless respectively agreed thereto in writing and in advance); otherwise to either Party (who in principle is pre-committed to carry out his/her services with the care , the efficiency and the diligence of a reputable business man,) the right to acknowledge the personnel by the other party as being concerned and/or authorized .. Notwithstanding thereof, either Party must commit to existing standard trading terms and conditions and to verify the other Party’s readiness for a misconduct and / or a misinterpretation
  • If a Manufacturer or a Merchant of any specific product delivers to the Forwarder a consignment for dispatch without any indication to it’scontents , it is thence theoretically assumed , in case of doubt, that the consignment contains Consignor products
  • Notifications made by Customer to Forwarder is legally regarded as a simple presumption that can be provoked
  • Forwarders are not obliged, to check pick up address that is printed in exchanged notices
  • Any instructions about the goods is treated by the Forwarder as definitive authority until same is provoked or altered, in writing, by the Customer
  • Notifications wherein Customer states that order should be performed for the account of a Third Party , have no effect on Customer’s direct obligations towards the Forwarder
  • A notification from the Customer to hold goods at the disposal of a third Party can not be cancelled once goods are received by the Forwarder
  • In absence of insufficient or non-executable instructions , the Forwarder may, whilst safeguarding the interest of his/her Customer, proceed to his/her discretion and may chose the nature, the route and the efficient means of transport
  • Unless otherwise stated by the Customer, the Forwarder may dispatch the goods as part cargo
  • If the Forwarder receives goods from the Customer accompanied by the Consignment Note or other freight document bearing his/her firm’s name accompanied with the Customer name, the Forwarder is entitled to ship received goods using a new Consignment Note holding his name and /or his Customers names; provided that nothing to the contrary has been stated earlier by the Customer

INSPECTION AND PACKING OF GOODS

In the absence of written agreement, the Forwarder is obliged to inspect, maintain the condition of, or repair the goods and the packing thereof only within the limits of what is customary within the standard practice of the Forwarder.

CARGO LOADING & DELIVERY PERIOD

In absence of a written agreement , loading and delivery periods are not guaranteed.

CARGO EXCLUDED FROM ACCEPTANCE

  • In the absence of a written agreement, dangerous goods and goods that can be detrimental to other goods or other things, or animals or persons or which doomed to rot or putrefy, are goods excluded from acceptance
  • In the case when the Forwarder confirms to the Customer that goods are dangerous or doomed to cause harm or to rot or putrefy and Customer choses not to respond to Forwarder’s confirmation, then Forwarder has the right to sell goods in public auction or to destroy ; as best required by the case

FORWARDER’S SERVICES & CHARGES

  • Prices quoted by the Forwarder and agreements with him/her in relevance to charges and services always relate solely to his / her own individually specified services and/or the services of Third Parties . If nothing to contrary is agreed to in advance, prices quoted by the Forwarder relate restrictively to goods of normal nature and of in gauge weights and dimensions. Such prices must assume normal and unchanged physical transport conditions and be calculated on bases of rates and tariffs in force at time of shipment and in accordance with transport conditions at time of transport and on grounds of prices agreed to with Customer unless the changes in transport conditions were predicted in advance
  • If a forwarding order was withdrawn or terminated, then Forwarder is entitled for a remuneration accounting for his /her actual expenditures and his / her handling fees
  • If a Consignee refuses to a accept a Consignment delivered to his/her warehouses, the Forwarder is entitled to collected the sum of cartage for return journey or for the delivery to alternate warehouses decided by Consignor
    1. An order to Forwarding to a destination in a foreign Country includes an order to clear goods through customs, if the transport to designated destination is not feasible or impracticable in absence of customs clearance. Accordingly, the Forwarder can charge out a special fee for the customs clearance in addition to his / her actual out-lays
    2. An order to the Forwarder to deliver to a Consignee goods that are transported under customs supervision and /or to deliver goods to an undefined location, then order includes a provision for an authorization in favor of Forwarder to conclude appropriate decision (accounting in principle for Customer’s in sight interest) including attendance to necessary customs formalities and to lay out funds as applied to imports/exports by respective authorities
    3. Forwarder and Customer must abide to existing customs regulations and must work in adherence thereto .However if customs clearance is proven in-executable on bases of given instructions, then Forwarder must inform Customer without delay
  • An order to the Forwarder to receive incoming goods does not oblige him to settle freight and incidental fees attached to the collection of goods
  • The freight stipulated in Consignment Note as “Freight Collect” are payable by Forwarder if instructed to so do by Customer against collection of goods. Forwarder is theoretically authorized to apply a currency adjust factor if collected freight is in a currency indifferent from the currency credited to his/her account
  • The forwarder is entitled to demand, at own discretion, payment from a foreign Customer or from a Consignee, in respective national currency or in Jordanian Dinars
  • Forwarder’s accounts must be promptly settled unless agreed otherwise in his agreement with the Customer . The Customer is deemed unable to fulfil his /her financial commitments after (15) days from date Customer received Forwarder’s statements thus introducing to the Forwarder the right to pursue legal action against his Customer
  • In the case when Forwarders’ dues or Forwarders’ disbursements are in a foreign currency , then Forwarder acquires the free choice to debit his/her charges in Jordanian Dinars or in the foreign currency
  • The Customer must, according to usual business practices, draw the attention of the forwarder promptly to any public legal obligations (for example: those related to customs duties , sales tax, agricultural fee…etc.)
  • The Customer must, according to usual business practices, promptlyacquaint the Forwarder with any specific legal or financial commitments; similar to that related to customs duties / dues, sales tax and agricultural fees

INSURANCE

INSURANCE OF GOODS

  • The Forwarder is not obliged to insure that goods in absence of Customer’s strict written instructions provided that such written instructions state value to be insured and risks to be covered. If the instruction to insure is inexact or impossible to execute , then the nature and the extent of insurance coverage are left to Forwarder’s discretion to determine yet without prejudice to Customer’s rights and interests; within the measures and the conduct of the reputable business man
  • A simple declaration by Customer to the value of goods must not be interpreted as an order to insure goods
  • Forwarder is to pursue Customers formality by Insurance Company. However , in doing so, the Forwarder does not assume the commitments nor the obligations of the Insurer by virtue the policy issued to Customer

FORWARDING AND CARTAGE INSURANCE

  • Unless Customer specifically refrains in writing and a waiver of recourse is assured thereof, the Forwarder is subsequently obliged to insure goods, at Customer’s risk and count, with an insurance company of his choice to cover the risks stipulated in the laws in force at time of transport contract execution
  • If the Forwarder has established an insurance coverage in reference to forwarding order and/or in reference to trucking of goods in accordance with existing laws, the Forwarder is thence freed from liabilities for losses and damages; risks of which are already covered in m line with applicable laws
  • If the Forwarder has not established freight and/or cartage insurance according to para”ii.b.” hereof, the Forwarder must not invoke the Standard Trading Conditions in relation to Customer
  • The Forwarder or the Customer stands alike liable to losses and damages caused by acts of negligence and/or willful misconduct

OBSTACLES AFFECTING THE EXECUTING A TRANSPORT ORDER

  • Circumstances that makes it ,wholly or partly , impossible for the Forwarder to perform his duties (e.g. Strikes, lock outs, wars, and armed conflicts and the like) relieves the Forwarder from all responsibilities and for the duration during which such events have lasted . The Forwarder has the right to discuss alternatives with Customer or may abstain is such events seems to last indefinitely
  • The Forwarder is obliged to inform Customer in case of any legal or formal obstacles relevant to the transport order

FORWARDER’S LIABILITY

  • In principle the Forwarder bears a liability in carrying out his/her services; only to the extent that negligence and/or willful misconduct can attributed to Forwarder’s performance. Onus of disproof of blame rests on Forwarder in confrontation with the Customer
  • Forwarder does not accept liability for acts, actions, errors and omissions on part of Third Parties who are governed by their own rules and regulations
  • The responsibilities of a Forwarder ends when goods are physically delivered in accordance with transport order directives
  • Forwarders responsibilities and Forwarders extent of liability are subject to Jordan Transport Laws and to transport regulations and circulations issued in respect thereof
  • Forwarder is committed by virtue of transport laws to acquire an insurance coverage relevant to all risks , land transit clause, extended to Haulier Liability and to the extent the Insurer waives the right of recourse against the Insured and/or the Carrier
  • If the circumstance indicate that a loss could have arisen from one of the perils specified in this para, it presumed that the loss has in fact arose from that peril ; * From absent or inadequate packing , * From inadequate storage, * From serious theft, * From Force majeure , * From Criminal Acts.. The Forwarder stands liable and only to then extent he is proven directly responsible for the damages
  • The Forwarder is freed from the liability for any loss or damage to the extent that such loss or damages is attributed to :
    1. Strike, lock outs and Labordeeds; which consequences the Forwarder can not accommodate by reasonable effort or
    2. Any reasons or occurrence The Forwarder is not in position to avoid or diminish by reasonable efforts
  • With exception to what is implemented in accordance with specific agreements drafted out by in advance and in writing by the Forwarder to an authorized personnel , the Forwarder does not absorb the responsibility for any breaches in dispatch or delivery dates