1. DEFINITIONS
The following definitions apply to the terms and conditions set out below that govern
the contract of carriage and other services between you and us.
"we", "us","our" and OWL GLOBAL LOGISTICS & FREIGHT LTD means OWL GLOBAL and its group
companies ("OWL GLOBAL LOGISTICS & FREIGHT LTD") and OWL GLOBAL employees, agents
and independent contractors;
"you" and "your" means the sender or consignor;
"carriage" means and includes the whole of the operations and services undertaken
by us in connection with the transportation of the shipment;
"consignment note" means information provided by you in paper or electronic form
concerning the shipment;
"other services" means all services not being services for the carriage of shipments
that are performed by us, including, but not limited to, storage, sorting, kitting,
merging, packing, installation, value added- and transportation management services;
"shipment" means goods or documents of whatever nature (whether in bulk or in one
or more packages) which we have accepted for carriage from one address to another
or regarding which we have accepted to perform other services, whether under our
consignment note or not;
"prohibited items" means any goods or materials the carriage of which is prohibited
by any law, rule or regulation of any country in or over which the shipment travels;
2. THE PARTY WITH WHOM YOU ARE CONTRACTING
Your contract of carriage and of other services is with the OWL GLOBAL LOGISTICS
& FREIGHT LTD company or the subsidiary or affiliate of OWL GLOBAL LOGISTICS & FREIGHT
LTD that accepts from you the shipment for carriage or, as the case may be, the
performance of other services. You agree that we may subcontract the whole or any
part of the contract of carriage or of other services on any terms and conditions
we decide.
3. YOUR ACCEPTANCE OF OUR TERMS AND CONDITIONS
By giving us your shipment you accept our terms and conditions set out in the consignment
note and/or the contract of carriage and/or the contract for the performance of
other services on behalf of yourself and/or anyone else who has an interest in the
shipment or the performance of other services irrespective of whether you have signed
the front of our consignment note or not. Our terms and conditions also cover and
can be invoked by anyone we use or sub-contract to collect, transport, deliver your
shipment or perform other services as well as our employees, directors and agents.
Only our authorised officers may agree to a variation of these terms and conditions
in writing. When you give us the shipment with oral or written instructions that
conflict with our terms and conditions we shall not be bound by such instructions.
4. SCOPE OF THE CONTRACT
4.1. Even if the carriage of the shipment forms part of another type of contract
between you and us, these terms and conditions apply to the contract agreed between
you and us in respect of any carriage of goods pursuant to the contract.
4.2. By concluding any type of contract with us that involves the carriage of goods
you agree that:
- the contract is a contract of carriage of goods by road if the carriage of the shipment
actually takes place by road;
- the contract is a contract of carriage of goods by air if the carriage of the shipment
actually takes place by air;
- the contract is a contract of carriage of goods by sea if the carriage of the shipment
actually takes place by sea;
- the contract is a contract for the performance of other services if related to non-carriage
services.
5. DANGEROUS GOODS & SECURITY
5.1. Except in the circumstances shown in Clauses 5.2 & 5.3, we do not carry, nor
perform other services regarding, goods which are, or are in our sole opinion, dangerous
goods including, but not limited to, those specified in the International Civil
Aviation Organisation (ICAO) Technical Instructions, the International Air Transport
Association (IATA) Dangerous Goods Regulations, the International Maritime Dangerous
Goods (IMDG) code, the European Agreement Concerning the International Carriage
of Dangerous Goods by Road (ADR) regulations or any other national or international
rules applicable to the transport of, or the performance of other services regarding,
dangerous goods.
5.2. We may at our discretion accept some dangerous goods for carriage, or for the
performance of other services, in some countries if you have been accorded the status
of an approved customer and this must be given by us in writing before your shipment
can be accepted. Your dangerous goods will only be accepted if they comply with
the applicable regulations (as referred to in Clause 5.1) and our requirements.
Details of our requirements together with the procedure for applying for approved
customer status are available from our nearest office and a dangerous goods surcharge
will be invoiced to you upon acceptance of your shipment.
5.3. Certain dangerous goods are exempt from the above approved customer requirements.
Details can be obtained from our nearest OWL GLOBAL LOGISTICS & FREIGHT LTD office.
5.4. You must ensure and you certify by completing our consignment note or tendering
a shipment to us that your shipment does not contain a prohibited article as specified
in ICAO Annex 17 or other national or international regulations that govern aviation
security. You must give us a full description of the contents of the shipment on
the consignment note, or other accompanying document, and your responsibilities
and liabilities are not extinguished by providing this information.
5.5. Shipments carried, or handled, by us may be subject to security screening which
could include the use of x-ray, explosive trace detection and other security screening
methods and you accept that your shipment may be opened and the contents of your
shipment may be examined in transit.
5.6. You declare that you have prepared the shipment for carriage, or for the performance
by us of other services, in secure premises using reliable staff employed by you
and that the shipment has been safeguarded against unauthorised interference during
preparation, storage and transportation immediately prior to acceptance for carriage
of the shipment by us or for the performance by us of other services.
5.7. We do not accept shipments that contain prohibited items.
5.8. We may be required to share information, including your personal data for your
shipment with the shipment destination country authorities or transit country authorities
for customs and / or security reasons.
6. EXPORT CONTROLS
6.1. You assume responsibility for and guarantee compliance with all applicable
export controls laws, including but not limited to regulations and rules that prohibit
unauthorised trade in military and other strategic goods and services with, as well
as financial or commercial dealings with named individuals and entities in countries
to, from, through or over which your shipment may be carried, or regulations and
rules that impose conditions under which certain technologies, information, and
commodities can be transported to, from, through or over any country which your
shipment may be carried.
6.2. You also guarantee that you will not tender any shipment to us if you or any
of the parties involved in the shipment are listed on any of the United Nations
sanctions programmes, regional and national programmes implementing and/or supplementing
those, as well as parties listed on autonomous measures regulations.
6.3. You agree to identify shipments subject to pre-export regulatory controls,
and provide us with information and all necessary documentation to comply with applicable
regulations.
6.4. You are responsible at your expense for determining export and import licensing
or permitting requirements for a shipment, obtaining any required licenses and permits,
and ensuring that the consignee is authorised by the laws of the origin, destination
countries and any country(s) asserting jurisdiction over the goods.
6.5. We assume no liability to you or to any other person for your acts of non-compliance
with export control laws, sanctions, restrictive measures and embargoes.
7. RIGHT OF INSPECTION
7.1. You agree that we or any governmental authority including customs and security
may open and inspect your shipment at any time.
8. CALCULATION OF TRANSIT TIMES AND ROUTING OF SHIPMENTS
Weekend days, public holidays, bank holidays, delays caused by customs, delays attributable
to compliance with mandatory local security requirements or other events beyond
our control are not included when we quote door to door delivery times in our published
literature. The route and the method by which we transport your shipment shall be
at our sole discretion.
9. CUSTOMS CLEARANCE
9.1. You appoint us as your agent solely for the purpose of clearing and entering
the shipment through customs. If we subcontract this work, you certify that we are
the consignee for the purpose of designating a customs broker to perform customs
clearances and entries. If any customs authority requires additional documentation
for the purpose of confirming the import/export declaration or our customs clearance
status it is your responsibility to provide the required documentation at your expense.
9.2. You certify that all statements and information you provide relating to the
exportation and importation of the shipment will be true and correct. You acknowledge
that in the event that you make untrue or fraudulent statements about the shipment
or any of its contents you risk a civil claim and/or criminal prosecution the penalties
for which include forfeiture and sale of your shipment. To the extent that we may
voluntarily assist you in completing the required customs and other formalities
such assistance will be rendered at your sole risk. You agree to indemnify us and
hold us harmless from any claims that may be brought against us arising from the
information you provide to us and any costs we will incur regarding this, and pay
any administration fee we may charge you for providing the services described in
this condition.
9.3. Any customs duties, taxes (including but not limited to VAT if applicable),
penalties, storage charges or other expenses we incur as a result of the actions
of customs or other governmental authorities or your failure and/or the receiver's
failure to provide proper documentation and/or to obtain the required licence or
permit will be charged to you or the receiver of the shipment. In the event that
we decide to charge the receiver and the receiver refuses to pay the incurred charges
you agree to pay them to us together with our fee for the administration involved
as well as any extra costs we will incur. Upon our first request you will provide
a proper guarantee for any of the duties, taxes, penalties, storage charges or any
other expenses set out in this condition.
9.4. We will endeavour to expedite all customs clearance formalities for your shipment
but are not liable for any delays, losses or damage caused by interference from
customs officers or other governmental authorities.
10. INCORRECT ADDRESS AND P.O. BOX NUMBERS
10.1. If we are unable to deliver a shipment because of an incorrect address we
will make all reasonable efforts to find the correct address. We will notify you
of the correction and deliver or attempt to deliver the shipment to the correct
address although additional charges may apply..
10.2. Deliveries to post office box numbers are not accepted, except in a limited
number of countries (the list of which is available from the subsidiary or affiliate
or branch of OWL GLOBAL LOGISTICS & FREIGHT LTD that accepts your shipment for carriage)
and further provided that the telephone number of the consignee is provided. In
the event we are unable to deliver the shipment at the first attempt then you agree
that we may post the shipment to the consignee and proof of posting is sufficient
proof of delivery.
11. DELIVERY OF YOUR SHIPMENT
11.1. Where we are unable to complete the delivery of a shipment for whatever reason
we will try to leave a notice at the receiver's address stating that delivery has
been attempted and the whereabouts of the shipment. If delivery has not been made
after a second attempt by us, or the receiver refuses to accept delivery, we will
try to contact you and agree the appropriate next action. You agree to pay us any
costs we incur in forwarding, disposing of or returning the shipment and our charges
(if any) for making a third or more delivery attempt and for the agreed appropriate
next action. If we do not receive your or receiver's instructions within a reasonable
period after our second attempt to deliver the shipment, then you agree that we
may destroy or sell the content of the shipment without any further liability to
you.
Special Delivery Instructions
11.2. You or the receiver of a shipment may give special instructions to us (by
means of a OWL GLOBAL LOGISTICS & FREIGHT LTD website or any other medium) to deliver
the shipment to another location/person (being for example a neighbour and/or neighbouring
address) or the receiver may indicate its wish to collect the shipment from a location
approved by us. Where you request and we agree to enable this special delivery instructions
service, the following provisions shall apply:
11.2.1. our furnishing of any delivery receipt upon which is listed the alternative
person and/or delivery location shall constitute proof of delivery of the shipment;
11.2.2. we shall not be liable for any loss or damage in any way as a result of
our performance of special delivery instructions;
11.2.3. you shall indemnify us and hold us harmless from and against all claims,
costs, liability and expenses (including reasonable lawyers’ fees and expenses)
arising by reason of loss or damage to any shipments as a result of providing this
special delivery instructions service. We also reserve the right to charge you an
administration fee for providing this special delivery instructions service.
11.3 Where appropriate we may deliver the shipment to an address close to the delivery
address if the receiver of the shipment is not available, at your risk.
12. YOUR OBLIGATIONS
You warrant, represent and guarantee to us that:
12.1. the contents of the shipment (including but not limited to weight and number
of items) have been properly described on our consignment note, have been correctly
labelled and the label or labels have been securely fixed by you in a prominent
position on the outer surface of the shipment that can be clearly seen by us;
12.2. the consignee's full address including postcode and contact details have been
fully, accurately and legibly entered on our consignment note and on an address
label securely fixed by you to a prominent position on the outer surface of the
shipment that can be clearly seen by us;
12.3. the contents of the shipment have been prepared and packed safely and carefully
by you to protect against the ordinary risks of transport, or the performance by
us of other services, including any associated sortation and/or handling process;
12.4. you have declared the correct weight of the shipment and you will provide
any special equipment we may need to load or unload the shipment on or off our vehicles;
12.5. you have securely fixed a heavy weight label in a prominent position on the
outer surface of the shipment that can clearly be seen by us for any item weighing
30 kilos or more;
12.6. the contents of the shipment are not restricted by IATA, ICAO, IMDG or ADR
and are not prohibited items, and neither you nor the consignee is a person or organisation
with whom we or you may not legally trade under any applicable laws or regulations;
12.7. when you have asked us to charge the receiver or a third party and the receiver
or third party does not pay us you will promptly settle our invoice together with
an administration fee in full within 7 days of us sending you the invoice;
12.8. all applicable laws and regulations have been complied with;
12.9. you have included with the shipment the correct commercial invoice related
to the shipment (mentioning correct "bill to" address with applicable VAT number,
correct and clear description of the commodity, and the first 6 digits of the Harmonised
System ("HS") code;
12.10. that you have taken all reasonable precautions to comply with all conventions,
directives and legislation relating to the protection of personal data including
if practicable encryption of the personal data to ensure the safety of the personal
data in the event of loss or misdelivery of a shipment;
12.11. the value of any shipment does not exceed £15,000 not unless a special arrangement
has been made where the higher value of insurance has been agreed, such agreement
can be expressed in writing and a premium to reflect the rate of insurance agreed.
You agree to indemnify us and hold us harmless from any liabilities we may suffer
or any costs, damages or expenses, including legal costs, we incur either to you
or to anyone else arising out of you being in breach of any of these warranties,
representations and guarantees, even if we inadvertently accept a shipment that
contravenes any of your obligations.
13. EXTENT OF OUR LIABILITY
Liability for Transportation Services
13.1. Subject to Clause 14 below, we limit our liability for any loss, damage or
delay of your shipment or any part of it arising from carriage as follows:
13.1.1. If the carriage of your shipment is solely or partly by air and involves
an ultimate destination or a stop in a country other than the country of departure
the Warsaw Convention (1929), or the Warsaw Convention as amended by the Hague Protocol
(1955) and/or Montreal Protocol No. 4 (1975), or the Montreal Convention (1999),
whichever is compulsorily applicable, will apply. These international treaties govern
and limit our liability for loss, damage or delay to your shipment to 19 special
drawing rights per kilo.
13.1.2. If we carry your shipment by road within, to or from a country that is a
party to the convention on the contract for the international carriage of goods
by road 1956 (CMR) our liability for loss or damage to your shipment shall be governed
by the CMR and thus limited to 8.33 special drawing rights per kilo. In the case
of delay where you can show to us you have suffered loss our liability is limited
to refunding to you the charge you paid us for carriage in respect of that shipment
or the part which was delayed.
13.1.3. If none of Clauses 13.1.1 - 13.1.2 above apply and we have a liability to
you for whatever reason for transportation services performed by us, including without
limitation breach of contract, negligence, wilful act or default, our liability
to you for loss, damage, misdelivery or non-delivery of your shipment or the part
affected is at all times limited to the lower of the market value of the shipment
at the time of carriage or the cost of repairing the shipment or the part affected
with in each case an upper limit that does not exceed £15 per kilo limited to a
maximum of £15,000 per shipment. Notwithstanding special insured arrragements In
the case of delay where you can show to us you have suffered loss our liability
is limited to refunding to you the charge you paid us for carriage in respect of
that shipment or the part which was delayed.
Liability for Other Services
13.2. Subject to Clause 14 below, if we have a liability relating to other services
for whatever reason, including without limitation breach of contract, negligence,
wilful act or default, our liability to you is at all times limited to £15,000 per
event or series of events with one and the same cause of damage or, in case of the
loss of or damage to a shipment, to the lower of the market value of the shipment
or the cost of repairing the shipment or the part affected with in every case an
upper limit that does not exceed £3.50 per kilo with a maximum of £15,000 per event
or series of connected events.
14. EXCLUSIONS OF LIABILITY
14.1. We will not be liable for any loss of income, loss of profits, loss of markets,
loss of reputation, loss of customers, loss of use, loss of an opportunity even
if we had knowledge that such damages or loss might arise or for any indirect, incidental,
special or consequential damages or loss howsoever arising including without limitation
breach of contract, negligence, wilful act or default.
14.2. We are not liable if we do not fulfil any obligations towards you at all as
a result of:
14.2.1. circumstances beyond our control such as (but not limited to):
acts of god including earthquakes, cyclones, storms, flooding, fire, disease,
fog, snow or frost; force majeure including (but not limited to) war, accidents,
acts of public enemies, strikes, embargoes, perils of the air, local disputes or
civil commotions; national or local disruptions in air or ground transportation
networks and mechanical problems to modes of transport or machinery; latent defects
or inherent vice in the contents of the shipment; criminal acts of third parties
such as theft and arson.
14.2.2. Your acts or omissions or those of third parties such as: you being in
breach of (or any other party claiming an interest in the shipment causing you to
breach) your obligations under these terms and conditions and in particular those
warranties set out in Clause 12; an act or omission of any customs, security,
airline, airport or government official.
14.2.3. The contents of the shipment consisting of any article that is a prohibited
item even though we may have accepted the shipment by mistake.
14.2.4. Our refusal to make any illegal payments on your behalf.
14.3. We are not a common carrier and do not accept any liabilities of a common
carrier.
15. TIME GUARANTEED PRODUCTS
If we fail to deliver time guaranteed products (that we may offer and that you order)
within the time specified and if our failure was not caused by any events set out
in Clause 14.2 and if you notify us of your claim in compliance with Clause 20.2,
we will charge you for the actual delivery service provided (e.g. before noon) rather
than charging the price we quoted for the service you asked for (e.g. before 9 am),
within the same product category as the service you ordered.
16. VALUABLE GOODS
Valuable goods such as precious stones, precious metals, jewellery, money, negotiable
instruments, unprotected furniture, glass or china, objects of art, antiques and
important documents that include passports, tenders, share and option certificates
should not be sent through our network delivery system because it involves the use
of mechanical handling and automated sortation equipment together with multiple
transhipments on and off vehicles which could result in loss and/or damage. If you
nevertheless send, or cause us to send, such goods through our network delivery
system it shall be at your own risk.
17. ENHANCED LIABILITY
17.1. You may, against payment of the indicated charge, make a declaration on the
consignment note of the value of the shipment (non document shipment) exceeding
the limits laid down in Clause 13 up to a maximum of £15,000 per shipment, notwithstanding
special arrangement expressed in writing for value which exceed the maximum amount
("Enhanced Liability"). Declaration must be made by completing the relevant box
on the airway bill and paying the indicated charge. Compensation for proved loss
or damage to your shipment may be claimed up to the total amount of the above declared
value. Enhanced Liability is not available for precious stones, precious metals,
plasma and LCD screens, jewellery, money, glass, china, objects of art, antiques,
documents (other than the reconstitution cost as provided for in Clause 17.2 below)
or any films, tapes, discs, memory cards or any such other data or image carrying
goods. If you do send such goods we recommend that you put your request in writing
so s special arrangements for insurance is agreed.
17.2. You may opt for Enhanced Liability for the reconstruction, reproducing, reissuing
or re- printing cost (including the costs of the materials (e.g. paper) plus reasonable
labour costs) of your document shipment by completing the relevant box on the airway
bill and paying the indicated charge. Compensation for proved loss or damage to
your document shipment may be claimed up to a maximum £350 per shipment.
17.3. The Enhanced Liability options provided by this Clause 17, (i) do not provide
compensation for losses of a consequential nature (see Clause 14.1) or delays in
carriage or where the loss has arisen as a result of your breach of your obligations
under these terms and conditions, (ii) are not available for non-carriage services
and (iii) are not available for a limited number of countries. For a list of these
countries, and/or to obtain further details on the conditions of Enhanced Liability,
please contact our customer service centre.
18. CLAIMS BROUGHT BY THIRD PARTIES
You undertake to us that you shall not permit any other person who has an interest
in the shipment to bring a claim or action against us even though we may have been
negligent or in default and if a claim or action is made you will indemnify us against
the consequences of the claim or action and the costs and expenses we incur in defending
it.
19. CLAIMS PROCEDURE
If you wish to claim for a lost, damaged or delayed shipment, or for any other damages,
you must comply with any applicable convention and with the following procedure
otherwise we reserve the right to reject your claim:
19.1. you must notify us about the loss, damage or delay within 7 days after delivery
of the shipment or within 7 days from the date the shipment should have been delivered
or if the claim relates to other services within 21 days from the date you ought
reasonably to have become aware of the loss, damage or delay. If we send you a claim
form you must return it within 21 days from the date of issue fully completed together
with all relevant documentation in support of your claim;
19.2. we are not obliged to act on any claim until our charges have been paid nor
are you entitled to deduct the amount of your claim from our charges;
19.3. we will assume the shipment was delivered in good condition unless the receiver
has noted any damage on our delivery record when he or she accepted the shipment.
In order for us to consider a claim for damage, the contents of your shipment and
the original packaging must be made available to us for inspection;
19.4. save as otherwise provided by any applicable convention and or law, your right
to claim damages against us shall be extinguished unless an action is brought in
a court of law within 1 year from the date of delivery of the shipment or from the
date on which the shipment should have been delivered or from the date on which
the carriage ended or if the claim relates to other services within 1 year from
the date you ought reasonably to have become aware of the loss, damage or delay;
19.5. in case of acceptance by us of part or all of your claim, you warrant to us
that your insurers or any other third party having an interest in the shipment shall
have waived any rights, remedies or relief to which they might become entitled by
subrogation or otherwise;
19.6. the shipment shall not be deemed to be lost until at least 30 days have elapsed
since the date you notified us of the non delivery. We may agree with you in writing
to shorten this period.
20. RATES AND PAYMENT
20.1. You agree to pay our charges (including applicable surcharges) for the carriage
of the shipment between the locations specified on the consignment note/contract
of carriage, or for the
performance by us of other services, and any value added taxes within 7 days from
the date of our invoice without withholding, deduction, counterclaim or set off.
20.2. You waive all your rights to challenge our invoices if you do not contest
our invoice in writing within 7 days from the date of the invoice.
20.3. Our charges are calculated in accordance with the rates applicable to your
shipment as set out in our current rate card or in the relevant contract. Our current
rate card is available on request from any of our offices in the country from which
the shipment is invoiced.
20.4. We charge for either the actual weight of the shipment or the volumetric weight
of the shipment whichever is the higher and the volumetric weight is calculated
in accordance with the volumetric conversion equation set out in our rate card.
We may check the weight and/or volume of and/or the number of items within your
shipment and if we find that there is a discrepancy between your declared weight
and/or volume and/or number of items you agree that the weight and/or volume and/or
the number of items that we determine may be used for the purpose of our calculation.
20.5. As a matter of course all import duties, value added taxes on goods and all
other charges levied on the shipment in the destination country shall be payable
to us by the receiver upon delivery of the shipment and if the receiver refuses
to pay you agree to pay us these amounts in full within 7 days of us notifying you
that the receiver has not paid.
20.6. You agree that we may charge interest on all invoices not paid within 7 days
from the invoice date at the rate of 6% above the European Central Bank base rate
until full and final payment of the relevant invoice. You agree to pay our reasonable
and proper cost of collection of invoices not paid within seven days from the invoice
date.
20.7. The door to door delivery rates shown on our current rate card include provision
for simple customs clearance formalities and we reserve the right to charge an extra
administration fee where time-consuming excessive customs clearance work is needed
to enable us to deliver your shipment to the receiver. Additional charges may therefore
be applied in some countries for complex customs clearance activities and these
include but are not limited to shipments that require:
20.7.1. formal customs entries involving more than three different commodities;
20.7.2. customs bonds or the need to deliver goods under a customs bond;
20.7.3. temporary import facilities;
20.7.4. clearances involving a government department other than the customs authority.
We may in some countries make advance payments of import duty, taxes, penalties
or have to post bond on behalf of the importer and where this additional service
is provided a local administration fee will be charged to the receiver and you will
be liable for this charge if the receiver does not pay us.
20.8. You may give us special invoicing instructions or agree with the receiver
of the shipment or another third party that he or she will pay our charges and/or
any duties, taxes, penalties, bonds, assessments, expenses, surcharges and fines
levied or incurred by us in connection with the shipment. If the receiver or other
third party refuses to pay our charges for the carriage or reimburse us for any
of the above costs you agree to pay these amounts within 7 days of us notifying
you of the refusal to pay.
20.9. Our invoice does not include a copy of the Proof of Delivery (POD), which
you agree may be validly obtained or provided in a digital or electronic format,
or any other additional documents.
20.10. Where permitted by law, our standard invoice presentation method is electronic
invoicing. Where you request, or we are required, to use paper invoicing we reserve
the right to charge you an administration fee for providing this service.
20.11. Our invoices must be paid in the currency stated in the invoice or otherwise
in a local currency against exchange rates provided by us.
20.12. We have a general lien on all your shipments in our possession at any one
time that gives us the right to sell the contents and retain the proceeds of sale
in settlement of any amounts that you may owe us.
20.13. You shall be liable for the payment of all duties, taxes and charges including
stamp duties as applicable on the carriage and other services as well as on all
documents including the consignment note.
21. YOUR INDEMNITY IN RESPECT OF EMPLOYEES
21.1. You agree to indemnify us against and keep us harmless from all costs, claims,
liabilities and demands of any nature arising directly or indirectly from the redundancy
selective re- employment or transfer of any of:
21.1.1. our employees assigned or primarily dedicated to the services we provide
to you; or
21.1.2. employee or former employee of yours; or
21.1.3. any supplier or former supplier to you; or
21.1.4. any third party
which may in any way arise from the commercial relationship between us and you including
but not limited to any liability arising under the European Community Acquired Rights
Directive (77/187/EEC, as amended by Directive 2001/23/EC) or national implementing
legislation thereof or under any other applicable employment legislation.
22. LAW AND JURISDICTION
22.1. In the event that any term or condition is declared invalid or unenforceable
such a determination shall not affect the other provisions of this contract all
of which remain in force.
22.2. Save as provided by any applicable convention, disputes arising from or related
to this contract shall be subject to the laws and the courts of the country in which
the subsidiary or affiliate or branch of OWL GLOBAL LOGISTICS & FREIGHT LTD that
accepts your shipment for carriage or performs other services is based.