Terms and Conditions
TERMS AND CONDITIONS OF BUSINESS
1.1 Definitions. In these Conditions, the following definitions apply:
|Agency Terms||The Institute of Chartered Shipbrokers Standard Trading Conditions 2007 or any updated or replacement version of the aforementioned in force at the Commencement Date.|
|BIFA Terms||British International Freight Association (BIFA) Standard Trading Conditions 2017 Edition or any updated or replacement version of the aforementioned in force at the Commencement Date.|
|CKCL||Cockfield, Knight & Company Limited incorporated and registered in England and Wales with company number 07204485 and whose registered office is at Dinsdale House, Riverside Park Road, Middlesbrough, TS2 1UT.|
|Contract||the contract between CKCL and the Customer for the supply of the Services in accordance with these Conditions and which includes the Quotation and, in accordance with clause 2.4 below, the applicable Standard Industry Terms.|
|Customer||the person, firm or company who purchases the Services from CKCL.|
|Quotation||CKCL’s written quotation for the supply of the Services and/or any contract, agreement, purchase order, appointment document or other/similar arrangement or understanding between CKCL and the Customer that refers to these Conditions and/or that the parties acknowledge forms part of the Contract (including by way of e-mail).|
|Services||the services to be supplied by CKCL to the Customer as set out in the Quotation or as otherwise agreed between CKCL and the Customer from time to time.|
|Standard Industry Terms||the Agency Terms and the BIFA Terms (as applicable).|
2. The Contract
2.1 The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of CKCL which is not set out in the Contract.
2.2 These Conditions and the Standard Industry Terms apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing (including, without limitation, as set out in the Quotation).
2.3 The Contract is made up of the following:
2.3.1 the Quotation;
2.3.2 these Conditions; and
2.3.3 the Standard Industry Terms (in accordance with, and subject always to, clause 2.4 below),
If there is any conflict or ambiguity between the terms of the documents listed in clause 2.3 above, a term contained in a document higher in the list shall have priority over one contained in a document lower in the list.
2.4 Subject always to clause 2.3 above, the Standard Industry Terms will be deemed to be incorporated into, and form part of, the Contract as follows:
2.4.2 when CKCL is providing freight forwarding services, the BIFA Terms will apply.