Our quotations do not include local insurance, customs duties, VAT and any other
fees paid to Government Departments. Estimates of these can be given on request
and are not binding to Seaways as they only serve as an expenditure guide. When
the actual figures are determined you will pay the difference in deficit or Seaways
will refund the excess of any moneys paid in advance towards such charges provided
there are no other outstanding dues on your account with us. Our rates, prices
or tariffs are subject to periodical review to reflect changes in the market and
other factors of trade and economy that affect us directly. Payments may be made in any convertible currency of Kenya
Shillings equivalent at the current Exchange Rate.
Total
costs in Kenya Shillings shall be computed using the highest exchange rate applicable
up to the date of final payment. All payments should be settled within 30
days from the date of the invoice. A 5% per month interest shall be charged on
any outstanding balance after 30 days. Goods remain the property of Seaways
until fully paid. You may not withhold any part of the agreed price because
of any claim you may wish to make against us. Shipment shall be within 60
days upon receiving full payment unless otherwise stated by us in writing. Delivery of goods may be made at an extra cost as per our
rates. This will be in the same condition the goods will be received and will
be at the owners risk. Seaways shall not be liable to pilferage, damage or
tampering of goods while at the port Goods are at owners risk once out of
the Port. Seaways shall not be held liable for any eventuality.
If goods are delayed enroute by reason of your default
or wrong declaration, or you or your representative are unable to take delivery
of the goods on arrival , we may deliver them or keep the any place we consider
suitable but at your own risk. The contract shall be considered fulfilled immediately
the delivery has taken place and redelivery costs will be extra. We shall be entitled
to charge storage and any other additional expenses occasioned by the delay or
failure to delivery on arrival.
Goods are stored at owners risk.
You shall avail a complete set of documents to us in sufficient
time to facilitate, clearing , forwarding registration or any other services offered
by Seaways. We shall not be held responsible for any extra charges and or, penalties
levied by official bodies, Government Departments, or any other related official
authority that would generally deal or be involved in the processing of the said
documents to expedited their obligation due to delays and or hindrance caused
by yourselves or your appointed agents in submitting the required documents or
information in full. Seaways will also not be liable to any subsequent stalled
processes due to the above reasons and will therefore not refund any moneys committed
and or charged to this process. Your will meet any extra expenses or charges.
By accepting this contract you declare that:- The goods you give us to clear,
forward or service are your own property or The people who own or have interest
in them have given authority to make the contract. You will meet any claim or
costs against us if these declarations are not true.
We have the
right to hold some or all of the documents or goods until you have paid all our
charges and other payments due under this contract. These include storage charges,
taxes or levies that we have paid to any other party, agent, carrier, business
or any official body. While we hold the documents/goods and wait for payment you
will have to pay any storage charges and all other necessary expenses. This contract
will apply the goods held this way. On giving 28 days notice we may require
you to remove your goods from our care and control and pay all moneys in full.
If you fail to remove them we may sell them or dispose of some or all of the goods
without further notice. We shall be under no obligation to obtain the best price.
We shall put the money towards the amount owed any any expenses holding the sale
or disposing of the goods will be charged against you. Any surplus will be paid
to you without interest.
Law and disputes are subject to the Kenyan Law.
(People other than you or us) You will
have to pay any charges. Expenses, damages, penalties or claims against us by
third parties unless you could prove we were negligent. These include any charges
we incur to do your work, unless we have agreed otherwise in writing.
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