Standard Trading Conditions of Vietnam Logistics Business Association (VLA) (was amended in Congress VI) I. GENERAL PRINCIPLES 1. These Standard Trading Conditions here below referred to as TSTC shall be applied to all services provided, handled, performed or rendered by the company acting as Freight Forwarder even in case when the company procures a Bill of Lading or other similar document evidencing a contract of carriage between a person other than the company and the customer or owner. 2. In case when the company acting as carrier, the provisions of a document issued by or on behalf of the company bearing a title of or including “Bill of lading”, whether negotiable or not, shall be paramount and in the event of a conflict of conditions, the provisions of such a document shall prevail over those of TSTC to the extend of such conflict. 3. As to the services in respect of or relating to customs clearance, taxes, licence, consular documents, certificates of origin, inspection, certificates and other similar services or incidental to, the company is to be always considered to act as agent only and never to be considered to act as Principals. II. DEFINITIONS In these Standard Trading Conditions: 4. “Company” means a Vietnam Logistics Business Association’s member who undertakes to provide the services. 5. “Conditions” means the entire undertakings, terms, conditions and clauses embodied in TSTC. 6. “Customer’s means any person, or any body, or any company, corporation and enterprise, or any organization. 7. “Owner” means the owner of the goods including shippers and consignees and another person who is or may become interested in the goods and anyone acting on their behalf . 8. “Goods” includes the cargo and any container not supplied or on behalf of the company, or any part thereof in respect of which the company provides a service. 9. “Dangerous goods” means goods listed in: International Maritime Dangerous Goods Code” issued, published by IMO. 10. “Instruction” means a statement of the customer’s specific requirements. III. THE COMPANY’S GENERAL RESPONSIBILITIES 11. The company shall perform its duties with a reasonable degree of care, diligence, skill and judgment. 12. The company shall carry out its services within a reasonable time except in the special arrangement previously made in writing as an instruction to the company. 13. Subject to TSTC and in particular to the discretion reserved to the company below the company shall take all reasonable steps to perform any of the customer’s instruction acceptable by the company. 14. If at any stage in any transaction the company should reasonably consider that there is good reason in the customer’s interests to depart from any of the customer’s instructions, the company shall be permitted to do so and shall not incur any additional liability in consequence of so doing. 15. When using it discretion as permitted in TSTC the company shall do so with due regard to the interested of the customer. 16. If after the contract has been agreed events or circumstances come to the attention of the company which in the opinion of the company make it wholly of in part impossible for the company to fulfill its duties it shall take reasonable steps to inform the customer of those events or circumstances and seek further instructions. IV. CUSTOMER’S OBLIGATION 17. The customer warrants that he is either the owner or the authorized agent of the owner of the goods and that he is authorized to accept and is accepting TSTC not only
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