Standard Terms & Conditions

“Company” includes Atlas Marine Navigation, its subsidiaries and affiliates (or any company under the management control of one of such entities) used to perform the Company’s duties under these Conditions.

“Services” means the services which are provided by the Company to the Principal, whether same be by way of charge, fee, commission or remuneration of any other kind.

“Supplier” means the company, firm or person who contracts to supply Services to the Principal through the Company.

“Principal” means the company, firm or person who has or whose representatives have instructed the Company and who is the owner or charterer or operator or manager of the vessel represented by the Company and/or the carrier under the bill of lading in connection with which Services are provided by the Company.

“Direct Representative” means the Company acting in the name of and on behalf of the Principal.

Words importing the singular number shall include the plural and vice versa, words importing the masculine shall include the feminine and neuter and vice versa and words importing persons shall incorporate bodies corporate, unincorporated associations and partnerships.

The headings in these Conditions are for convenience only and shall not affect their interpretation.

The Principal shall indemnify the Company in respect of all liabilities incurred by the Company when acting as a port agent or liner agent or booking agent on the Principal’s behalf and/or when providing any Services to the Principal. This indemnity shall include but not be limited to all third-party claims, charges, losses, damages, taxes, duties, costs and expenses (including, without limitation, interest, penalties and legal fees) that the Company may incur during the performance of the Services, not with standing any termination of the contract between the Principal and the Company. This indemnity shall not extend to matters arising by reason of willful misconduct of the Company.

The Principal shall pay forthwith by telegraphic transfer to the Company’s bank account such sums as the Company may request as an advance on port disbursements which the Company estimates will be incurred whilst the Principal’s vessel is in the Company’s agency. If the Principal should fail to comply with the Company’s request, the Company may at any time give notice of the termination of its agency.

On completion of each of the Services, the Company shall provide the Principal with an account of all disbursements incurred in connection with the Principal’s vessel.

If there is any outstanding balance to be settled by the Principal, payment shall be due immediately on receipt of the disbursement account, by telegraphic transfer to the Company’s bank account. The Principal shall have thirty (30) days to raise any questions, objections or any other clarifications in relation to the disbursement account, failing which the Principal waives any rights to reject payment and the amount due to the Company shall be treated as a debt.

If there is any outstanding balance due to the Principal, the Principal shall provide bank account details and request reimbursement of such amount from the Company. The Company will then arrange for funds to be sent by telegraphic transfer to the Principal’s bank account. If the Principal fails to provide bank account details or request reimbursement of any outstanding balance within twenty-four (24) months of receipt of a disbursement account from the Company, the Principal hereby waives any rights of recovery of the outstanding balance and the outstanding balance will become the property of the Company.

The Company shall be entitled to deduct from sums held by the Company for the Principal’s account any amounts due to the Company from the Principal.

The Company shall have authority to appoint sub-agents in its sole and absolute discretion to perform services on behalf of the Principal, including such Services as may be subject to these Conditions. However, the Company shall not be responsible for the actions of any such sub-agent(s).

Unless otherwise stated in writing, when the Company is acting as a port agent or liner agent or booking agent it acts at all times as agent for and on behalf of the Principal and has authority to enter into contracts with the Supplier as agent for the Principal. The Company shall not be personally liable to pay any debt or expense due to the Supplier from the Principal.