These Credit Terms set out the terms on which S&A – International Forwarders – Nader Group sarl (“Carrier”) extends credit to the Customer, and to the Customer’s subsidiaries and/or controlled entities (“Subsidiaries”), in connection with contracts for the carriage of goods, whether evidenced by the Carrier’s paper bill of lading, waybill or otherwise, (“Contracts of Carriage”) made between Carrier and the Customer and/or his Subsidiaries (the “Credit Agreement”). The Terms for Carriage applicable to the Contracts of Carriage can be obtained by local agent or in electronic form on terms.s-a.co/carriage and are hereby expressly incorporated in to these Credit Terms by reference. Customer warrants that he has the authority to accept these Credit Terms on his own behalf and on behalf of the Subsidiaries.
CY: Container Yard.
ETA: Estimated Time of Arrival.
ETD: Estimated Time of Departure.
Export Invoices: Invoices stating on their face that they are export invoices, or lacking any indication of being export or import invoices; invoices where prepaid payment terms have been agreed.
Import Invoices: Invoices stating on their face that they are import invoices, or lacking any indication of being export or import invoices; invoices where collect payment terms have been agreed.
SD: Store Door.
In lieu of any agreed special term from the list below by separate agreement, the value in the square brackets shall apply.
Credit Limit: Maximum USD .
Credit Period: Maximum  calendar days from:
ETD for all Export Invoices;
ETA for Import Invoices with SD to CY or CY to CY service modes; or
ETA of last CY location for Import Invoices with CY to SD or SD to SD service modes.
Payments must be made in a manner to ensure cleared funds arrive in full in Carrier’s bank account by the last day of the granted credit period, and irrespective of the customer’s payment cycles.
Excluded charges, expenses, fees or the like (“Excluded Charges”): No credit is granted for the following Charges: [Tax, VAT, duties, customs fines/outlays, demurrage, detention, pass- through charges].
Interest payable on overdue amounts (“Interest”): [9%] per year.
Administration/Reminder fee for exceeding Credit Limit/Credit period, or late query on/disputing of invoice after the due date: USD .
Bank/account number: All amounts payable to [ the bank account specified in the invoice for payment of freight.]
Expiration Date: [One year from the date credit was agreed or last renewed by the Carrier].
1. Credit and Guarantee
1.1 Always subject to clause 1.2 below, Customer and its Subsidiaries agree and guarantee jointly and severally to pay all freight and charges due under the Contracts of Carriage no later than on the last day of the agreed Credit Period (“Due Date”).
1.2 Notwithstanding clause 1.1 above, when the total accumulated value of all unpaid invoices issued to the Customer and/or its Subsidiaries under any Contract of Carriage whether overdue or not in accordance with clause 1.1 above, exceeds the sum of the Credit Limit or the equivalent amount in the invoiced currency, the Customer and its Subsidiaries agree and guarantee jointly and severally to pay instantly (“Due Date”) the amount exceeding the Credit Limit.
2. Excluded Charges
No credit is granted for any Excluded Charges, as set out above, which are payable per separate payment and invoice terms.
Any sum payable to Carrier shall be paid in USD or, at Carriers’ option notified on the invoice to the Customer, in its equivalent in the currency so provided on the day of payment.
4. Full Payment
Payment shall not be effective until the amount of the payment is unconditionally and irrevocably transferred to and at the effective disposal of the Carrier in cleared funds.
Each payment shall be made in full without set-off, withholding, abatement, counterclaim or deduction or stay of execution of any kind.
5. Remittance Advice
If settlement of freight and charges is done via bank transfer or cheques, Customer agrees to forward a separate remittance advice outlining which invoices are included in each payment. This is to facilitate correct registration of the payment and to avoid that Carrier mistakenly considers freight, which has already been settled, to be overdue.
In the absence of Customer’s advice to the contrary, any payment shall be applied to the oldest outstanding invoices.
6. Disputed Invoices
If the Customer disputes any invoice, in whole or in part, the Carrier must be notified in writing, including by e-mail, and no later than 7 (seven) days after Customer’s receipt of the invoice after which time Customer shall not be entitled to dispute the invoice. Any undisputed part of an invoice must be settled in accordance with these Credit Terms.
A disputed part of an invoice is exempted from the standard payment terms until the dispute has been settled. Once the dispute is resolved, payment, as applicable, must be made in accordance with the original Due Date.
7. Freight Agents
If Customer wishes to appoint a third party to settle charges on his behalf (a “Freight Agent”), then Customer must obtain the Carrier’s prior written consent. To the extent these Credit Terms are applicable to Customer (except the granting of credit) they include and apply to Customers Freight Agents. Customer agrees and hereby undertakes to indemnify the Carrier for all charges in the event of default, claim or non-payment by any Freight Agent. Customer confirms that he has the authority of any such Freight Agent to accept these Credit Terms on its behalf.
8. Payment of Invoices
Customer and/or its Subsidiaries undertake to pay all freight and charges prior to or on the Due Date at the latest. In the event that Customer and/or its Subsidiaries do not settle outstanding amounts accordingly, Carrier reserves the right to take any or all of the following actions:
8.1. Withhold original documents including transport documents and/ or cargo until all overdue freight and charges, including collection and reminder fees and expenses, are settled.
8.2. Suspend or terminate the provision of credit.
8.3. Exercise any applicable right of lien over any cargo and stop providing or arranging services.
8.4. Apply automatically and without prior notice a fixed charge and Interest at the rate indicated above on the outstanding overdue amounts.
8.5. Commence collection proceedings. Any expenses and fees incurred in collecting overdue freight and charges are to be covered by the Customer.
9. Prevailing Party Fees
In any arbitration litigation or other proceedings arising out of or related to these Credit Terms, the prevailing party shall be entitled to receive its attorney fees and own reasonable costs and expenses.
Credit will be provided by the Carrier on these Terms until (including) the Expiration Date unless the Customer is advised otherwise by the Carrier in writing prior to the Expiration Date. The Carrier or agents acting on its behalf are entitled at their discretion to terminate the provision of credit at any time, or to extend the Expiration Date at any time by giving written notice, including by e- mail, to the Customer.
If the provision of credit by the Carrier terminates before any Contract of Carriage has been fully performed, these credit terms shall cease to apply to the Contract of Carriage concerned and all unpaid freight and charges shall be payable upon receipt of the invoice.
11. Credit Suspension
Without prejudice to the generalities of the provisions mentioned in section 10, in the event of an invoice not being paid within the Credit Period or in the event of the Credit Limit being exceeded, Carrier may choose to suspend the granting of credit in relation to the Customer and/or in relation to any entity from the list of Subsidiaries. Such suspension shall be notified in writing including by e-mail.
In the event of such credit suspension, these Credit Terms shall not apply to any Contract of Carriage concluded after the suspension has taken effect.
12. Freight and Charges
Customer recognizes that the Carrier has a right under the Terms for Carriage and may have an obligation at law to collect and receive all freight and charges due under the Contract of Carriage.
If the financial situation of Customer‘s or any of his Subsidiaries’ changes materially after any credit has been granted or the Customer ceases to control any of the Subsidiaries, the Customer must promptly inform the Carrier or its agents thereof.
The Customer may not without prior written consent of the Carrier assign, transfer or part with, in whole or in part, any of his rights, benefits or obligations under the Credit Agreement in any manner (including without limitation by operation of law). The Carrier may assign or novate the Credit Agreement, including any or all of its rights and/or liabilities hereunder to any other company or entity which is directly or indirectly owned or controlled by A.P. Møller – Mærsk A/S by giving public notice or in any other way informing the Customer.
Without prejudice to Clause 17, these Credit Terms constitute the full and complete understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings and agreements relating to such subjects matter. The contents of these Credit Terms is subject to periodic review and amendments at the discretion of the Carrier.
If any of the provisions of these Credit Terms are found by any court of competent jurisdiction or other competent authority to be void or unenforceable the remaining provisions of these Credit Terms shall continue in full force and effect.
17. Clause Paramount
Save as expressly outlined in these Credit Terms, these Credit Terms are subject to Carrier’s Terms for Carriage. Except in respect of Due Date as defined in clause 1 in these Credit Terms, and governing law clause (clause 18) in case of any conflict between these Credit Terms and Carrier’s Terms for Carriage, the latter shall prevail. The rights and remedies available to Carrier under these Credit Terms are cumulative and are in addition to every other right and remedy to which it is entitled under law, equity, and Carrier’s Terms for Carriage.
18. Governing Law
These Credit Terms are subject to the law and jurisdiction of the Contract(s) of Carriage to which the grant of credit relates.
Notwithstanding the above, the Carrier may further at its option choose that these Credit Terms shall be subject to; (i) the law and jurisdiction of a competent court at Customer’s principal place of business, or that of any of its Subsidiaries; or (ii) the law at Customer’s principal place of business, or that of any of its Subsidiaries and arbitration in accordance with such law.
RULES FOR ANY MODE OR MODES OF TRANSPORT
“Ex Works” means that the seller delivers when it places the goods at the disposal of the buyer at the seller’s premises or at another named place (i.e. ,works, factory, warehouse, etc.). The seller does not need to load the goods on any collecting vehicle, nor does it need to clear the goods for export, where such clearance is applicable.
“Free Carrier” means that the seller delivers the goods to the carrier or another person nominated by the buyer at the seller’s premises or another named place. The parties are well advised to specify as clearly as possible the point within the named place of delivery, as the risk passes to the buyer at that point.
“Carriage Paid To” means that the seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination.
“Carriage and Insurance Paid to” means that the seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination.
‘The seller also contracts for insurance cover against the buyer’s risk of loss of or damage to the goods during the carriage. The buyer should note that under CIP the seller is required to obtain insurance only on minimum cover. Should the buyer wish to have more insurance protection, it will need either to agree as much expressly with the seller or to make its own extra insurance arrangements.”
“Delivered at Terminal” means that the seller delivers when the goods, once unloaded from the arriving means of transport, are placed at the disposal of the buyer at a named terminal at the named port or place of destination. “Terminal” includes a place, whether covered or not, such as a quay, warehouse, container yard or road, rail or air cargo terminal. The seller bears all risks involved in bringing the goods to and unloading them at the terminal at the named port or place of destination.
“Delivered at Place” means that the seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination. The seller bears all risks involved in bringing the goods to the named place.
“Delivered Duty Paid” means that the seller delivers the goods when the goods are placed at the disposal of the buyer, cleared for import on the arriving means of transport ready for unloading at the named place of destination. The seller bears all the costs and risks involved in bringing the goods to the place of destination and has an obligation to clear the goods not only for export but also for import, to pay any duty for both export and import and to carry out all customs formalities.
RULES FOR SEA AND INLAND WATERWAY TRANSPORT
“Free Alongside Ship” means that the seller delivers when the goods are placed alongside the vessel (e.g., on a quay or a barge) nominated by the buyer at the named port of shipment. The risk of loss of or damage to the goods passes when the goods are alongside the ship, and the buyer bears all costs from that moment onwards.
“Free On Board” means that the seller delivers the goods on board the vessel nominated by the buyer at the named port of shipment or procures the goods already so delivered. The risk of loss of or damage to the goods passes when the goods are on board the vessel, and the buyer bears all costs from that moment onwards.
“Cost and Freight” means that the seller delivers the goods on board the vessel or procures the goods already so delivered. The risk of loss of or damage to the goods passes when the goods are on board the vessel. the seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination.
“Cost, Insurance and Freight” means that the seller delivers the goods on board the vessel or procures the goods already so delivered. The risk of loss of or damage to the goods passes when the goods are on board the vessel. The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination.
‘The seller also contracts for insurance cover against the buyer’s risk of loss of or damage to the goods during the carriage. The buyer should note that under CIF the seller is required to obtain insurance only on minimum cover. Should the buyer wish to have more insurance protection, it will need either to agree as much expressly with the seller or to make its own extra insurance arrangements.”
This Application collects some Personal Data from its Users.
Owner and Data Controller
23 Kassis Street, Kassis Building, Ground Floor, Naqqach-Antelias, Metn, Lebanon
Owner contact email: email@example.com
Types of Data collected
Among the types of Personal Data that this Application collects, by itself or through third parties, there are: Usage Data, email address and Cookies.
The Personal Data may be freely provided by the User, or, in case of Usage Data, collected automatically when using this Application.
All Data requested by this Application is mandatory and failure to provide this Data may make it impossible for this Application to provide its services. In cases where this Application specifically states that some Data is not mandatory, Users are free not to communicate this Data without any consequences on the availability or the functioning of the service.
Users who are uncertain about which Personal Data is mandatory are welcome to contact the Owner.
Users are responsible for any third-party Personal Data obtained, published or shared through this Application and confirm that they have the third party’s consent to provide the Data to the Owner.
Mode and place of processing the Data
Methods of processing
The Data Controller processes the Data of Users in a proper manner and shall take appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data.
The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Data Controller, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of the site (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Data Controller at any time.
The Data is processed at the Data Controller’s operating offices and in any other places where the parties involved with the processing are located. For further information, please contact the Data Controller.
The Data is kept for the time necessary to provide the service requested by the User, or stated by the purposes outlined in this document, and the User can always request that the Data Controller suspend or remove the data.
The use of the collected Data
The Data concerning the User is collected to allow the Owner to provide its services, as well as for the following purposes: Displaying content from external platforms, Analytics and Platform services and hosting.
The Personal Data used for each purpose is outlined in the specific sections of this document.
Detailed information on the processing of Personal Data
Personal Data is collected for the following purposes and using the following services:
The services contained in this section enable the Owner to monitor and analyze web traffic and can be used to keep track of User behavior.
Google Analytics (Google Inc.)
Google Analytics is a web analysis service provided by Google Inc. (“Google”). Google utilizes the Data collected to track and examine the use of this Application, to prepare reports on its activities and share them with other Google services.
Google may use the Data collected to contextualize and personalize the ads of its own advertising network.
Personal Data collected: Cookies and Usage Data.
WordPress Stats (Automattic Inc.)
Wordpress Stats is an analytics service provided by Automattic Inc.
Personal Data collected: Cookies and Usage Data.
These services have the purpose of hosting and running key components of this Application, therefore allowing the provision of this Application from within a unified platform. Such platforms provide a wide range of tools to the Owner – e.g. analytics, user registration, commenting, database management, e-commerce, payment processing – that imply the collection and handling of Personal Data. Some of these services work through geographically distributed servers, making it difficult to determine the actual location where the Personal Data are stored.
WordPress.com (Automattic Inc.)
WordPress.com is a platform provided by Automattic Inc. that allows the Owner to build, run and host this Application.
This type of service allows you to view content hosted on external platforms directly from the pages of this Application and interact with them.
This type of service might still collect web traffic data for the pages where the service is installed, even when Users do not use it.
Gravatar (Automattic Inc.)
Gravatar is an image visualization service provided by Automattic Inc. that allows this Application to incorporate content of this kind on its pages.
Please note that if Gravatar images are used for comment forms, the commenter’s email address or parts of it may be sent to Gravatar – even if the commenter has not signed up for that service.
Personal Data collected: email address and Usage Data.
Additional information about Data collection and processing
The User’s Personal Data may be used for legal purposes by the Data Controller, in Court or in the stages leading to possible legal action arising from improper use of this Application or the related services.
The User declares to be aware that the Data Controller may be required to reveal personal data upon request of public authorities.
Additional information about User’s Personal Data
System logs and maintenance
For operation and maintenance purposes, this Application and any third-party services may collect files that record interaction with this Application (System logs) or use for this purpose other Personal Data (such as IP Address).
Information not contained in this policy
More details concerning the collection or processing of Personal Data may be requested from the Data Controller at any time. Please see the contact information at the beginning of this document.
The rights of Users
Users have the right, at any time, to know whether their Personal Data has been stored and can consult the Data Controller to learn about their contents and origin, to verify their accuracy or to ask for them to be supplemented, cancelled, updated or corrected, or for their transformation into anonymous format or to block any data held in violation of the law, as well as to oppose their treatment for any and all legitimate reasons. Requests should be sent to the Data Controller at the contact information set out above.
This Application does not support “Do Not Track” requests.
To determine whether any of the third-party services it uses honor the “Do Not Track” requests, please read their privacy policies.
Personal Data (or Data)
Any information regarding a natural person, a legal person, an institution or an association, which is, or can be, identified, even indirectly, by reference to any other information, including a personal identification number.
Information collected automatically from this Application (or third-party services employed in this Application), which can include: the IP addresses or domain names of the computers utilized by the Users who use this Application, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server’s answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User’s IT environment.
The individual using this Application, which must coincide with or be authorized by the Data Subject, to whom the Personal Data refers.
The legal or natural person to whom the Personal Data refers.
Data Processor (or Data Supervisor)
Data Controller (or Owner)
The natural person, legal person, public administration or any other body, association or organization with the right, also jointly with another Data Controller, to make decisions regarding the purposes, and the methods of processing of Personal Data and the means used, including the security measures concerning the operation and use of this Application. The Data Controller, unless otherwise specified, is the Owner of this Application.
The hardware or software tool by which the Personal Data of the User is collected.
Small piece of data stored in the User’s device.
Notice to European Users: this privacy statement has been prepared in fulfillment of the obligations under Art. 10 of EC Directive n. 95/46/EC, and under the provisions of Directive 2002/58/EC, as revised by Directive 2009/136/EC, on the subject of Cookies.