CONDITIONS OF BUSINESS OF CROWN WORLDWIDE (HK) LIMITED
Crown Worldwide (HK) Limited (hereinafter referred to as “The Company”) accepts goods for carriage and storage subject to the conditions
set out below :-
Definition of The Company/Customer Consignment
1. “The Company” means Crown Worldwide (HK) Limited
“Customer” means any person sending or desiring to send or receive goods by the services of the Company.
“Consignment” means goods in bulk or contained in one parcel or package, or in any number of separate parcels or packages sent to consigned at one time from one address by one sender to another address; where the sender is not the owner of the goods it shall be deemed to be the agent to the owner thereof.
Authority of agent
2. No agent of or person employed by the Company has any authority alter or vary in any way these conditions unless is expressly authorized to
do so by the Company.
Liability for loss or damages
3. The Company shall not in any circumstances whatsoever be liable for :-
(a) any loss of damage to the Customer arising from or as a result of any events including, but not limited to, act of God, seizure under any
government action or legal process, war, invasion or act of foreign enemy, war-like or hostile actions, riots, civil commotion, strikes, lockouts,
storm, fire, flood, explosion, theft, vandalism or any other events beyond the control of the Company.
(b) any loss or damage caused by or resulting from insects, vermin, natural wear and tear, mechanical breakdown, gradual deterioration or
depreciation, corrosion rust, dampness, freezing, extremes of temperature, latent or inherent defect.
(c) any loss of market, indirect or consequential loss of any kind resulting from the Consignment not being available to the Customer or any other
consignee at any time for any reason.
(d) any loss or damage arising from any act or omission of the Customer, its servants or agent.
(e) Consignee not taking or accepting delivery within a reasonable time.
(f) loss of shortage disclosed upon taking inventory.
(g) any loss or damage caused by delay to, or detention of, or unreasonable deviation in the carriage of goods.
(h) any other loss or damage of whatsoever nature and howsoever caused unless the Customer is able to prove that there has been negligence
as defined in the Control of Exemption Clauses Ordinance on the part of the Company.
Provided that nothing in these conditions shall, or shall be deemed to exclude or restrict the liability of the Company for death or personal injury resulting from negligence on the part of the Company.
Limitation of liability
4. (a) The Company makes no admission or acknowledgment as to the nature and value of the Consignment. Subject to these conditions, the
liability of the Company in respect of any one consignment shall in any case be limited :-
(i) where the loss however sustained is in respect of the whole of the Consignment to the value of the goods, or to a sum at the rate of HK$1.50
per lb on the gross weight of the Consignment, whichever shall be the lesser;
(ii) where the loss however sustained is in respect of part of a Consignment, to the proportion of the sum ascertained in accordance with (i) of
this condition which the actual value of that part of the Consignment bears to the actual value of the whole of the Consignment.
Provided that the Company shall be entitled to be furnished with proof of the value of the Consignment and shall not be liable to the Customer if the
Company is not allowed to survey the state of damage of the Consignment.
(b) If the value of any Consignment or the loss or damage in respect thereof exceeds or might exceed the limit of liability as provided in (a)
above, the Customer shall :-
(j) by itself or through the Company arrange insurance coverage for any loss or damage beyond the said limit of liability in respect of which the
Company shall be not held liable because the carriage charges were based on the said limit of liability; or
(ii) be entitled to give not less than 7 days’ notice to the Company any time before the Company takes possession of the Consignment requiring
that the said limit of liability be increased and in the event of such notice being given the Customer shall within the said 7 days agree with the
Company an increase in the carriage charges in consideration of the said increased limit.
Time limit for claims
5. The Company shall not be liable for :-
(a) damage, deviation, misdelivery, delay or detention, unless they are advised thereof in writing (otherwise than upon a Consignment note or
delivery document) within three clear days and the claim be made in writing within seven clear days after delivery of the Consignment, or the
part of the Consignment in respect of which the claim arises;
(b) non-delivery of the whole of the Consignment or of any separate package forming part of the Consignment unless they are advised of the
non-delivery in writing (otherwise than upon a Consignment note or delivery document) within twenty-eight days and the claim be made in
writing within forty-two days after the Consignment was handed to the Company by the sender; and
(c) loss or damage resulting from act of pilferage, burglary or robbery, if no immediate written notice has been given to the Company.
Provided that if a Customer proves that :-
(i) it was not reasonably possible for the Customer to advise the Company in writing or to make his claim in writing within the aforesaid times.
(ii) such advice or claim was given or made within a reasonable time, and
(iii) having regard to all the circumstances it is equitable to adjudicate upon the claim.
The Company shall not have the benefit of the condition.
Undelivered or unclaimed goods
6. Where for any reasons the goods cannot be delivered or where goods are held by the Customer “To wait order”’ or “To be kept till called for”
and such order is not given or such goods are not removed within a reasonable time, the Company shall be under no liability for loss or damage and will in the case of perishable goods forthwith and in case of other goods 21 days after giving to the Customer or consignee notice (by post or otherwise including public notice where the names and addresses of the consignor and consignee are not known) of this intention to do so, sell the same and may deduct out of the proceeds of sale all proper charges in respect of the carriage and warehousing of the goods any other expenses incurred by the contractor in relation thereto.
Payment to Company pending claims
7. A claim or counterclaim shall not be made the reason for deferring or withholding payment of monies payable or liabilities incurred to the
8. The Company shall have a lien over the for any overdue Charges, legal costs (on a solicitor and own client basis) and other expenses incurred in the collection of overdue Charges and interest. For the avoidance of doubt, the usual Charges for the storage of Goods shall continue to accrue when they are being kept by the Company in exercise of its lien for any overdue Charges, costs, expenses and/or interest. If any Charges, costs, expenses and/or interest remain overdue for over 6 months after the same has been demanded in writing, the Company shall be entitled to sell (by public auction or private treaty) or otherwise dispose of without notice the Goods and apply the sale proceeds (if any) to pay such outstanding Charges, costs, expenses and interest.
Severance of conditions
9. If any of these conditions or any part thereof contained herein shall, in any circumstances, be held to be invalid or to have failed the test of
reasonableness as provided in the Control of Exemption Clauses Ordinance, such condition(s) or any term thereof shall be deemed to have been
severed as if such condition(s) or any term thereof had not been contained herein without affecting the remaining conditions.
Hong Kong Jurisdiction
10. These terms and conditions and the offer and/or contract of which they are part shall be governed and construed in accordance with the law
of Hong Kong. Each party agrees that the courts of Hong Kong shall have exclusive jurisdiction over all matters arising out of or relating to these terms and conditions and the offer and/or contract of which they are part.