Demoralized by the charms of pleasure of the moment so blinded by desire that they cannot foresees the pain.
Sender
Sender
Instructions
Terms & Conditions
1
- (I) All business undertaken, to include any advice, information and/or service provided whether gratuitously or not by MULTILINES INTERNATIONAL LIMITED (hereinafter called ‘the company’) shall be transacted subject to the conditions herein set out and each condition shall be deemed to be incorporated in and to be a condition of any agreement between the company and the customers. The company is not a common carrier and any dealings / transactions with goods are subject to these conditions. Neither agent nor employee of the company shall possess the company’s authority to alter or vary these conditions. These terms and conditions shall supersede all and be read in line with any agreements the company enters into.
(ii) Where any legislation is mandatorily applicable to any business undertaken herein, these conditions shall regard such business to be read to any such legislation and nothing in these conditions shall be construed as a surrender by the company of any of its rights or immunities as an increase of any of its responsibilities or liabilities under such legislation. If part of these conditions are considered repugnant to any such legislation to any extent such parts shall be regarded as void to that extent and no further.
2
- Subject to express instructions in writing given by the customer, the company shall reserve the absolute discretion as to the means, route, and procedure to be followed in the handling, storage and transportation of goods. Further, if in, the opinion of the company it is at any stage necessary or desirable in the customer’s interests to depart from those instructions, the company shall be at liberty to do so. All goods without exception shall be handled, stored and/or transported by the company strictly at customer’s risk.
3
- Pending forwarding or delivery, goods may be warehoused or otherwise held at any place at the sole discretion of the company and the cost therefore shall be for the account of the customer. The customer may seek this information and obtain the same upon clearance of all fiduciary obligations pertinent to these terms.
4
- Except where the company is instructed in writing to pack the goods, the customer warrants that all goods have been properly and sufficiently packed and/or prepared and all relevant information informing this packaging and mobility has been availed to execute the transaction accordingly.
5
- The customer shall be deemed to be bound by and to warrant the accuracy of all descriptions, values and other particulars furnished to the company for the customs, consular and other purposes and undertakes to indemnity the company against all losses, damages, expenses and fines whatsoever.
6
- The customer shall be liable for any duties, taxes, imports, levies, deposits or out lays of any kind levied by the authorities at any part or place or in connection with the goods and for any payments, fines, expenses loss or damage whatsoever incurred or sustained by the company in connection therewith. When goods are accepted or dealt with upon instructions to collect freight duties, charges or other expenses from the consignee or any other person the customer shall remain responsible for the same if they are not paid by such consignee or other person immediately when due. In such cases, the company shall retain lien over such goods until all outstanding amounts are settled and cleared in totality.
7
No insurance shall be effected by the company, except upon express instructions given in writing by the customer. All insurance effected by the company on behalf of the customer are subject to the usual exceptions and conditions of the policies of the insurance company or underwriters be under any liability whatsoever for any consequential loss or loss of market or by fire or consequence of fire, accident or delay or deviation however caused or generally perceived under force majeure.
8
- (i) If the company is responsible for damage or loss, compensation payable shall be calculated by reference to the value of invoice for service offered to the customer and/or his agent or at the place and time they should have been delivered.
(ii) Whenever The Hague Rules are applicable otherwise than by National Law in determining the liability of their carrier, the liability shall in no event exceed £ 100 sterling per package or unit.
(iii) Where amicable settlement fails, the Company reserves the legal right to institute legal proceedings in recovery or resolution of dispute.
(iv) Under no circumstances shall any allowance be made for loss of profit, nor for loss of market, nor for any (other) consequential or indirect damage and/or loss. The company shall not be liable to pay any compensation if the weight, nature or the value of the goods has been willfully misstated.
9
- Customers entering into transactions of any kind with the company shall expressly warrant that they are either the owners or the authorized agents of the owners of any goods to which the transaction relates to and further warrants that they are authorized to accept and bind these conditions not only as agents for and on behalf of all other interested persons or third parties in the goods.
10
- All instruction or business shall be accepted by the company at absolute discretion of the company and shall be fulfilled by the company itself, its staff, performing part or all relevant services. It may also be fulfilled by the company employing or instructing or entrusting the goods to a sub-contractor on such conditions as such may be stipulated to perform part or all of the services required.
11
The company shall issue a Road freight list, consignment note, bill of lading and airway bill for the convenience of airlines, shippers, carriers, warehouse keepers and consignees upon instructions of the parties interested in the goods described on the said documents and strictly on behalf of the shipping lines, railway companies, inland water carriers, road haulers, warehouse keepers or any other service or administrations utilized. The organization of the service shall permit fixed rates, lump sums or otherwise as the case may be for the company. This shall not prompt an assumption of any responsibility whatsoever in intervention on the part of the Company as a forwarding agent. The Company’s obligation shall be deemed to be accomplished as soon as the goods have been delivered to the first carrier and the necessary instructions for the arrival of the goods at destination have been transmitted. Neither the company nor its sub-contractor shall be responsible for the execution of these instructions or for any losses, shortages or damages whatsoever incurred before delivery of the goods to the first carrier ware house keepers during transit or after arrival destination. All claims related shall be subject to strict proof and amicable resolution where proven.
12
- The company shall retain and be paid all brokerage, commissions, allowances and other remunerations due to it.
13
Quotations shall be given on the basis of the timelines indicated and are subject to withdrawals, revisions, further unless otherwise agreed in writing the company shall after taking the risk and in the event of the company being instructed to insure the goods, it may unless expressly otherwise agreed insure the same under its floating policy. The company shall not be under obligation to effect a separate insurance on each consignment but may declare it on any open or general policy. Should the insurers dispute their liability for any reason, the insured shall have course against the insurers only and the company shall not be under responsibility or liability whatsoever in relation thereto withstanding that the premium upon the policy may not be the same as that charged by the company or paid to the company by its customer. acceptance be at liberty to revise quotations or charges with or without notice in the event of changes occurring in currency exchange rates, rates of freight, insurances, premiums, reasons of force majerure, or any charges applicable to the goods.
14
- (i) The company shall only be responsible for loss or damage to goods or for any non-delivery or misdelivery if it is proved that loss, damage, non delivery or misdelivery occurred whilst the goods were in the actual custody of the company and under its control and that such loss, damage, non delivery or misdelivery was due to proven willful neglect or default of the company or its own servants.
(ii) The company shall only be liable for any non-compliance with instructions given to it if it is proved that the same was caused by the willful neglect or default of the company or its own servants.
(iii) Save as aforesaid the company shall be under no liability whatsoever arising whether in respect of or in connection with any goods or any instruction, business advice, information or service otherwise.
(iv)Further and without prejudice to the generality of the preceding sub-conditions, the company shall not in any event whether under sub-condition (i) or (ii) or otherwise separate package forming part of the consignment (however caused), unless notice be received in writing within fourteen days of the date when the goods should have been delivered. The company solely undertakes, if it is expressly requested to do so, to offer its assistance for the purpose of submitting on behalf of the parties interested in the goods any claim, claim for indemnification for non delivery, shortage, loss or damage for which the carriers and/or ware house keepers, if any, could be held responsible.
15
- In any event the company shall be discharged from all liability
- For loss from a package or an unpacked consignment or for damage or misdelivery (however caused), unless notice in writing be received within seven days after the end of the transit where the transit ends in East Africa or within fourteen days after the end of the transit at any place outside of East Africa.
- For any loss or non-delivery of the whole of a consignment or delivery. All charges and expenses arising in connection with the storage and sale or disposal of the goods shall be paid by the customer.
16
- (a) The company shall not be obliged to make any declaration for the purpose of any statute or convection or contract as to the nature or value of any goods or as to any special interest in delivery, unless expressly instructed by the customer in writing.
(b)Where there is a choice of rates according to the extent or degree of the liability assumed by carriers’ ware house men or others, goods will be forwarded, dealt with etc at customer’s risk or other minimum charges and no declaration of value (where optional) will be made, unless express instructions in writing to the contrary have previously been given by the customer.
17
Goods which are not taken up immediately upon arrival or insufficiently addressed or marked or otherwise not readily identifiable may be sold or otherwise disposed off without any notice to the customer and payment or tender of the net proceeds of any sale after deduction of charges and expenses shall be equivalent to writing they may nevertheless are destroyed or otherwise dealt with on account of risk to others goods, property, life or health. The expression “goods likely to cause damage” includes goods likely to harbor or encourage pests and any other elements likely to cause damage in connection therewith and the goods.
18
- The company shall be entitled to sell or dispose of all non-perishable goods which in the opinion of the company cannot be delivered either because they are insufficiently or incorrectly addressed or because they are not collected or accepted by the consignee or for any other reason, upon giving 21 days’ notice in writing to the customer. All charges and expenses arising in connection with the storage and sale or disposal of the goods shall be paid by the customer.
19
Except under special arrangements previously made in writing the company shall not accept or deal with any noxious dangerous, hazardous or inflammable or explosive goods or any goods likely to cause damage. Should any customer nevertheless deliver any such goods to the company or cause the company handle or deal with such goods otherwise than the under special arrangements previously made in writing, the customer shall be liable for all loss or damage whatsoever caused by or to or in connection with the goods however arising and shall indemnity the company against all penalties claims, damages, costs and expenses whatsoever arising in connection therewith and the goods may be destroyed or otherwise dealt with at the sole discretion of the company or any other person in whose custody they may be at the relevant time. If such goods are accepted, under arrangements previously made in detention for monies due either in respect of such goods or for any particular or general balance or other monies due from the customer or the sender, consignee or owner to the company. If any monies due to the company are not paid within thirty (30) days notice has been given to the person from whom the monies are due that such goods are being detained, they may be sold by auction or otherwise at the sole discretion of the company and at the expense of such persons and the net proceeds applied in or towards satisfaction of such indebtedness.
20
- Except under special arrangements previously made in writing the company shall not accept or deal with bullion, coins, precious stones, jewelry, valuables, antiques, pictures, livestock or plants. Should any customer nevertheless deliver any such goods to the company to handle or deal with any such goods otherwise than under special arrangements previously made in writing the company shall be, under no liability whatsoever for or in connection with the goods however caused.
21
- Without prejudice to condition 2 the company shall have the right to enforce any liability of the customer under the conditions or to recover any sums to be paid by the customer under these conditions not only against or for the customer but also if it thinks fit against or from the sender and/or consignee and/or owner of the goods. All sums owed shall be paid to the company in cash (or in any other means agreed) immediately without deduction and/or payment being withheld or deferred on account of any claim counterclaim or set off.
22
All goods (and documents relating to the goods) shall be subject to a particular and general lien and right of
Party is prevented from performing its obligations under this Agreement because an Event of Force Majeure, it shall notify the other Party in writing within three (3) days after the occurrence of such Event of Force Majeure, and both Parties shall use reasonable endeavours to mitigate damages, to the extent possible. iii. If an Event of Force Majeure occurs, no Party shall be responsible for any damages, increased costs or loss which the other Party may sustain by reason of such a failure or delay of performance, and such failure or delay shall not be deemed as a breach of these terms and conditions or any such agreement.
Any Party claiming inability to perform due to an Event of Force Majeure shall take appropriate means to minimise or remove the effects of the Event of Force Majeure and, within the shortest possible time, attempt to resume performance of the obligations affected by the Event of Force Majeure. Should such force majeure event persist beyond seven (7) days from notice stated above, parties shall enter into discussions on how to proceed in a way that is equitable, fair and reasonable.
23
- All charges and disbursements laid on behalf of customers are payable to the company on demand by invoice or otherwise. The company reserves the right to change late payment charges on any account which remains unpaid for thirty (30) days or more, such interest to be calculated by the company at the prevailing maximum commercial interest rate applied by the financial institutions of banks whichever is greater.
24
- Force Majeure: An Event of Force Majeure includes, but is not limited to prohibition or acts by government or public agency, riot, war, hostility, rebellion, revolution, insurrection, public disturbance, epidemic, pandemic flood, earthquake, nuclear contamination, or other acts of nature.
Force Majeure means an event beyond the control of a Party, as a result of which the Party is unable to perform its obligations. If one
- arising directly or indirectly from or in connection with the customer’s instructions or their implementation or the goods and in particular the customer shall indemnify the company in respect of any liability whatsoever it may be under to any staff, agent or sub-contractor or any haulier, carrier, warehousemen or other person whatsoever at any such party by the customer or by any sender, consignee or owner of the goods or by any person interested in goods or by any other person whatsoever.
25
In addition to and without prejudice to the foregoing conditions the customer undertakes to indemnify the company against all liabilities whatsoever suffered or incurred by the company arising directly or indirectly from or in connection with the customer’s instructions or their implementation or the goods and in particular the customer shall indemnify the company in respect of any liability whatsoever it may be under to any staff, agent or sub-contractor or any haulier, carrier, warehousemen or other person whatsoever at any such party by the customer or by any sender, consignee or owner of the goods or by any person interested in goods or by any other person whatsoever.
26
- MIL’s liability shall be limited as follows:
MIL shall be deemed to be entitled to the protection of the exclusions and limitations of liability provided by the Convention on the Contract for the International Carriage of Goods by Road (referred to as the “CMR”) – 8.33 Special Drawing Rights
For domestic and international transportation by air (including ancillary road transport or stops en route, pre- and post-carriage in case of air shipments), MIL shall be deemed to be entitled to the protection of the exclusions and limitations of liability provided by the Convention for the Unification of Certain Rules for International Carriage by Air (the “Montreal Convention”)
27
Each of the parties shall at all times keep confidential and shall not, without the prior written consent of the other party, disclose or divulge to any third party any information relating to the business or affairs of the other party, the contents of this agreement or any agreement entered into pursuant to this agreement except as may be required to comply with any applicable law, governmental or regulatory authority, rule, regulation or order or to enforce any of the terms of this agreement.
28
The Company reserves the right to conduct a credit check and due diligence of the Customer and these Terms are subject to the Company remaining satisfied as to credit risk. If, in the opinion of the Company, the credit of the Customer becomes impaired, the Company reserves the right to suspend performance of or terminate an order and these Terms until such a time as the Company has received full payment or satisfactory security and is satisfied as to the Customer’s credit.
29
The Company shall reserve the right to cancel any order, re-evaluate all payment terms, require full or partial payment, or require assurance of the Customer’s ability to perform its obligations under this agreement.
30
If the Customer is a company or trust, then the signatories for it, by signing and in consideration for the Company agreeing to provide the Services to the Customer, personally and jointly and severally guarantee the Customer’s payment in full in accordance with these Terms. Each guarantor is liable as a principal debtor and not solely as a surety.
31
The Customer is not entitled to assign or transfer any of its rights or obligations under these Terms without the Company’s prior written consent. provided it has allowed for at least (21) days after raising its grievance in a formal notice.
32
- We are committed to protecting your personal data. We collect, use, and store your information in accordance with applicable data protection laws, including the General Data Protection Regulation. Your data will only be used for providing and improving our services, communicating with you, and complying with legal obligations. We implement appropriate security measures to protect your data from unauthorized access or disclosure. You have rights regarding your personal data, including access, correction, and deletion. For more details or to exercise your rights, please contact us at multilines@multilinesint.com
33
- We are committed to maintaining the highest standards of integrity and compliance with all applicable anti-corruption and bribery laws, including the FCPA and the UK Bribery Act. We strictly prohibit any form of bribery or corruption. This includes offering, giving, receiving, or soliciting any item of value to influence the actions of an official or business counterpart. All employees and representatives must adhere to this policy and report any suspected violations. Violations will result in disciplinary action and potential legal consequences. For more information or to report a concern, please contact our Compliance Department at davis.mukyenga@multilinesint.com
34
The company shall be at will to terminate this agreement with or without cause, provided it gives at least (30) days’ notice. The customer may terminate its agreement with the company by providing thirty (30) days,
35
- All agreements between the company and its customers shall be governed by laws of the Republic of Rwanda and disputes be held within the exclusive jurisdiction of the Rwandan courts.