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3. Contractual Status of the Customer and the Company
3.1 The Customer entering into any transaction or business with the Company hereby expressly warrants to the Company that the Customer is either the Owner or the authorized agent of the Owner and that it is accepting these Conditions. Where the Customer acts as the agent of the Owner, the Customer also accepts such liability to the Company that in respect of such transaction or business the Company is entitled to enforce its rights against the Customer and the Owner jointly and severally.
3.2 Services are provided by the Company as agents on behalf of its Customers, except in one or more of the following circumstances where the Company acts on its own behalf.
(1) The Customer’s goods are actually carried, transported, handled or stored by the Company or its servants and the goods are under the actual control or custody of the Company.
(2) The Owner has demanded in writing the Company to give information (name, freight rate) of the carries undertaking the whole or part of the carriage before the goods are carried out the Company fails to provide such information within 28 days from receipt of such written demand.
(3) The Company has expressly agreed in writing agency to act on its own behalf, or
(4) The Company is held by a court or arbitration agency to act on its own behalf.
3.3 Without prejudice to the generality of provisions in 3.2:
(1) The Company charges the Customer for services of whatever nature at a fixed rate and itself does not decide or show it acts as agent or as principal.
(2) The Company provides equipment owned or rented by it and itself does not decide to show it acts as agent or as principal in carrying, handling or storing the goods.
(3) If the bill of lading or other documents obtained by the Company can show that the carriage contract is entered into by other persons with the Owner or Customer, the Company is the agent.
(4) The Company acts as agent instead of principal when providing services such as Customs clearance, taxation, taking out license, consular documents and certificate of origin, inspection, and notarization.

4. Obligations of the Customer
4.1 The Customer warrants that it has taken all the sufficient and effective measures to have a full understanding of the contents of the agreement with the Company and of the documents issued by the Company for the Customer at the time of concluding or accepting such agreement or documents.
4.2 The Customer warrants that each and every of the Instructions given to the Company is lawful, valid and performable.
4.3 The Customer warrants that the presentations it made to the Company concerning the goods are sufficient and correct.
4.4 The Customer warrants that the packing and marks of the Goods met the requirement of carriage. The Customer shall comply with the special requirements demanded by the Company at the time of receiving the goods according to the nature of the goods and the special conditions of the voyage.
4.5 Except under special arrangements previously made in writing, the Customer warrants that the goods are not the dangerous goods as defined under binding documents such as law, regulations, international conventions, nor are other goods likely to cause damage. Should the Customer nevertheless deliver any such goods to the Company or cause the Company to accept or handle or deal with any such goods otherwise than under special arrangements previously made in writing, the Customer shall be liable for all expenses, losses, damages whatsoever caused, fines and claims in connection with the goods howsoever arising. The Company or other persons in actual control of the goods has the right to decide whether the goods are dangerous goods without notice to the Customer and shall be entitled to destroy or otherwise dispose of the goods at the risk and expenses of the Customer.
4.6 The Customer shall not ask the Company to stop carriage, return the goods, change the place of destination, or deliver the goods to other consignee or dissolve the contract unless, before the Company delivers the goods to the consignee, the Customer returns all bills or transport documents previously issued by the Company and shall compensate the Company for all the losses caused to the Company.
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Address: Room 609, Tian An Center, No. 338 Nanjing Xi Road, Shanghai 200003, China
TEL: 0086-21-63580088 E-mail: ctsproject@hkcts.com