Common use of Scope of the Application Clause in Contracts

Scope of the Application. 3.1 The provisions set out and referred to in these T&C shall apply to every specific contract and order concluded with the Company for the performance of Services as undertaken by the Company, whether evidenced by the issue of a document or not. 3.2 For the avoidance of doubt, where any provision of these T&C contravenes or is inconsistent with any provisions of the CMR Convention, the Hague-Visby rules, the CIM Convention, the Codes or any other compulsory law or convention, then these T&C shall supersede and take precedence to the extent legally possible. If any part of these T&C be repugnant to compulsory legislation to any extent, such part shall as regards such business, be overridden to that extent and no further, and these T&C shall be read as subject to such legislation. 3.3 In the event of any inconsistency between the different parts of these T&C Section A of the General Agreement shall prevail over section B. 3.4 Any rights of the Company under these T&C are in addition to and shall not in any way limit or reduce any right of the Company under any applicable law or convention. 3.5 The Customer warrants that he is either the Owner or the authorised Agent of the Owner and also that he is accepting these Conditions not only for himself but also as Agent for and on behalf of the Owner. 3.6 In authorising the Customer to enter into any Contract with the Company and/or in accepting any document issued by the Company in connection with such Contract, the Owner accepts these Conditions for themselves and their Agent and for any parties on whose behalf they or their Agents may act, and in particular, but without prejudice to the generality of this Clause, they accept that the Company shall have the right to enforce against them jointly and severally any liability of the Customer under these conditions or to recover from them any sums to be paid by the Customer which upon proper demand have not been paid. 3.7 Subject to Clauses 5 and 13 below, the Company shall be entitled to provide and/or procure any or all of its services as an Agent only or to provide those services as a Principal. 3.8 The offer and acceptance of an inclusive price for the accomplishment of any service or services shall not itself determine whether any such service is or services are to be arranged by the Company acting as Agent or to be provided by the Company acting as a Contracting Principal. 3.9 When acting as an Agent the Company does not make or purport to make any Contract with the Customer for the carriage, storage, packing or handling of any goods nor for any other physical service in relation to them and acts solely on behalf of the Customer in securing services by establishing contracts with Third Parties so that direct contractual relationships are established between the Customer and such Third Parties.