• DEFINITIONS
    1. AGENT” means M/s YourShore LLC or its Affiliates
    2. PRINCIPAL” means the Firm or the Person who has or whose representatives have instructed the Agent and who is the owner or the Charterer or Operator or Manager of the Vessel represented by the Agent and / or the Carrier under the Bill of Lading in connection with which Services are provided by the Agent.
    3. AFFILIATE” means
      1. In the case of Agent, any company owned and / or controlled by the Agent and / or any company managed by the Agent pursuant to a Management Agreement irrespective of whether such company is owned or controlled by the Agent.
      2. In the case of Principal, any company owned and / or controlled by the Principal or its ultimate Parent Company where control means direct or indirect ownership of atleast 51% of the voting stock or interest in the company or control of the composition of the Board of Directors.
    4. AGREEMENT” means any Contract or Agreement whether verbal or in writing (including but not limited to email and / or facsimile) for the provision of the services between the Agent and the Principal to which these terms and conditions shall apply.
    5. AGENCY APPOINTMENT” means the appointment of the Agent for carrying out the services for and on behalf of the Principal.
    6. PORT” shall mean the Jurisdiction where the Agent is carrying out the services for the Principal.
    7. PORT AUTHORITY” means the statutory authority responsible for the traffic and regulations of the Port.
    8. GOVERNMENT AUTHORITIES” means all Government Departments including but not limited to UAE authorities with responsibility for the import and export of the goods, the collection of revenue on the import and export of goods etc and includes all Public Officials including but not limited to any official or employee of UAE Government Agency or Government owned or controlled enterprise.
    9. SERVICES” shall means the rights, benefits, privileges or facilities that are to be provided granted or conferred under the Agreement for, or in relation to the performance by the Agent for the Principal.

 

  • DUTIES AND RESPONSIBILITIES OF THE AGENT
    1. The Agent, at all times, will be acting as the Authorised Agent for and on behalf of the Principal and will have the full authority to enter into a contract with any third party suppliers, and / or service providers without the authorisation of the Principal, unless  agreed otherwise.
    2. Any Third Party Suppliers and / or the Service Providers, thus appointed shall be deemed to be an Independent Contractor employed by the Principal and not by the Agent.
    3. The Agent shall have the authority to appoint the Sub Agents to perform the services on behalf of the Principal, including such services as may be subject to these conditions, and the Agent shall remain responsible for the actions of the sub Agents unless otherwise agreed in writing by the Principal.

 

  • DUTIES AND RESPONSIBILITIES OF THE PRINCIPAL:
    1. The Principal shall be responsible for the applicable Taxes, Charges, Customs Duties, Levies, and other Fees and / or Charges, of any kind payable to any Government authorities, in the concerned Jurisdiction including but not limited to United Arab Emirates.
    2. The Principal shall pay to the Agent, the Commission and Fees as agreed upon in writing by the Agent and Principal.
    3. All the claims by the third party against the Agent arising from the performances of services to the Principal are for the account of the Principal provided such services are rendered in accordance with the applicable rules and regulations and/or the conditions made by the Principal in writing.

 

  • INDEMNITY AND LIABILITY
    1. The Principal hereby undertakes to indemnify and hold the Agent harmless against all claims, losses and / or damages suffered or incurred, including but not limited to Attorney’s fees, Court Costs and Disbursements arising out of or in connection with services provided by the Agent notwithstanding any termination of the Agency relationship between the Principal and the Agent.
    2. The Agent shall not be liable to indemnify the Principal in respect of any contractual fine, penalty or forfeiture incurred by the Principal, unless caused by the negligence or wilful misconduct of the Agent.
    3. The Agent shall only be liable for loss and / or damage arising out of and caused by negligent acts, errors or omissions of the Agent.
    4. Unless otherwise agreed in writing, the liability of the Company shall in all circumstances be limited to the lesser of the sums calculated in the following manner:
      1. Where the Goods are lost or Damaged
        1. The value of the goods so lost or damaged OR
        2. A sum calculated at the rate of USD 2/- (US Dollars Two Only) per kilo of the gross weight of any goods lost or damaged.
      2. In all other circumstances, the amount of the Direct Loss or USD 50,000/- (US Dollars Fifty Thousand only).
    5. The Agent shall not be liable for the loss or damage unless it is advised thereof in writing within five (05) days after completion of provisions of the Services and the claim is made in writing within forty (40) days provided unless the Principal can establish that it was not reasonably possible for the Principal to make a claim in writing within the time limit and notice was given within reasonable time.
    6. Notwithstanding anything mentioned hereinabove, the Agent shall not in any event be liable to the customer for the following –
      1. Special, indirect or consequential loss, including but not limited to Profit loss;
      2. Loss of market, business, contracts, anticipated savings, goodwill revenue or wasted expenditure;
  • Loss or damage arising out of delay;
  1. Loss or damage arising out of error, act, omission, misstatement or misrepresentation by the Customer, its officers, employees, servants, contractors and / or sub-contractors;
  2. Seizure of forfeiture under legal process.
  3. If the consignment is abandoned by the Customer and / or seized or forfeited by any government authority and / or by any Court Order.

 

 

  1. TERMS OF PAYMENT
    1. Unless otherwise agreed in writing between the Agent and the Principal the Principal shall be obliged to pay to the Agent all agreed sums before the commencement of services or arrival of the ship.
    2. The Principal shall pay to the Agent, for the Agency Services rendered by them,as agreed in writing by the Principal and the Agent or in the absence of any such agreement, the remuneration shall be agreed upon by the Agent and Principal for each services rendered by the Agent.
    3. The Principal shall be required to pay the Agent the full advance amount, upon demand by the Agent, if any towards the Port Disbursement. Should the Principal fails to comply with the Agent’s request, the company may at any time give notice of the termination of its agency.
    4. The Agent shall be entitled to deduct from the sums held by the Company for the Principal’s account any amount due to the Agent from the Principal.
  2. MISCELLANEOUS
    1. These Terms and Conditions, together with the terms of any Agency Agreement comprise the entire Agreement between the Agent and the Principal with respect to the services. In the event of a conflict, the following order of Precedence shall apply.
      1. The Terms and Conditions of M/s YourShore, as mentioned in www.yourshoreshipping.com.
      2. Any specific Terms and Conditions of the Agency Agreement agreed between the Agent and the Principal in writing.

 

  • GOVERNING LAW AND JURISDICTION
    1. This Standard Terms and Conditions shall be governed by and construed in accordance with the laws of the Emirates of Dubai and the applicable Federal Laws of the United Arab Emirates.

All disputes arising between the Parties relating to this Agreement shall be subject to the Jurisdiction of the Dubai Court.