1 | Introduction

These terms and conditions of service constitute a legally binding contract between the “Skylink Distribution (Private) Limited” and the “Customer”. In the event the Skylink network renders services and issues a document containing Terms and Conditions governing such services, the Terms and Conditions set forth in such other document(s) shall govern those services.
Reference Compliance:

• International Chamber of Commerce (ICC)
• World Customs Organization (WCO)
• International Federation of Freight Forwarders Associations (FIATA)

2 | Terms and Conditions

2.1 | Definitions

“Company” shall mean Skylink network and the related companies, agents and/or representatives.
“Customer” shall mean the person for which the Skylink network is rendering service, as well as its agents and/or representatives, including, but not limited to, shippers, importers, exporters, carriers, secured parties, warehousemen, buyers, sellers, shipper’s agents, insurers and underwriters, break-bulk agents, consignees, etc. It is the responsibility of the Customer to provide notice and copies of these terms and conditions of service to all such agents or representatives.
“Documentation” shall mean all information received directly or indirectly from Customer, whether in paper or electronic form.
“Ocean Transportation Intermediaries” (“OTI”) shall include an “ocean freight forwarder” and a “non-vessel operating carrier”.
“Third parties” shall include, but not be limited to, the following: “carriers, truck men, cart men, lighter men, forwarders, OTIs, customs brokers, agents, warehousemen and others to which the goods are entrusted for transportation, cartage, handling, delivery, storage or otherwise”.

2.2 | General Principles

The purpose of these conditions is to set forth the terms of performance of the Services by Skylink network to the Customer.
Any transaction between the Customer and Skylink network, either by acknowledgement or commencement of the Services, shall be governed by these conditions.
The Skylink network is not bound by the Customer’s standard terms and conditions of purchasing services. Course of dealing and industry practice shall not modify these Conditions.
Skylink network is not a common carrier and shall not assume such obligations and liabilities, to the extent permitted by applicable Legislation.

2.3 | Skylink Network as Agent

The Skylink network acts as the “agent” of the Customer for the purpose of accomplishment of duties in connection with the entry and release of goods, post-entry services, the securing of export licenses, filing the export documents on behalf of the Customer, and any other dealings with Government Agencies. For all other services, Skylink network acts as an independent contractor.

2.4 | Reasonable Care in Skylink network Selections

Skylink network shall use reasonable care in its choice of carriers, third parties, routes, procedure of handling, means of transportation, clearance and delivery of Goods. Skylink network is not responsible for delay, loss or damages caused while the Goods are in the control of other parties and all claims arising out of such delay, loss or damages shall be brought exclusively against the third-party whose control the Goods were in when they were delayed, lost or damaged.

2.5 | Storage or Warehousing

If the process of transportation is interrupted before its completion, due to the adverse conditions, rejection from the consignee side to receive delivery, specified instructions from the Customer or other related issues which may cause a delay in transportation, then the Skylink network shall be permitted to store or warehouse the Goods at a reasonable location.
The Customer appoints the Skylink network as its agent for the warehousing or storage service and the Customer agrees to be bound by any applicable terms and conditions of our agreements related to the warehouse or storage facility.
The Customer agrees to hold the Skylink network harmless from and against any loss or damage occurring to the Goods while they are in the care of the warehouse storage facility, and to look completely to the warehouse storage facility for any damage or loss.
The Customer agrees to be responsible for any storage or warehouse charges owed to any third party/parties and to guarantee the Skylink network harmless from all claims relating to such charges, including claims arising out by the storage or warehouse facility of any statutory or contractual remedies it may have, such as a lien on the Goods.

2.6 | Consequential Damages

The Skylink network is not being responsible for consequential, indirect, incidental or statutory damages, even if it has been put on notice of the possibility of such damages, or for the acts of any third parties.

2.7 | Cold Storage

If the goods require cold storage then the Skylink network assumes no liability or responsibility for Cold Storage until or unless both the parties are agreed upon the Temperature control regulation of cold storage.

2.8 | Concealed Damage

Skylink network shall not be liable for concealed damage or loss including but not limited to improperly packed or labelled Goods.

2.9 | Limitation of Actions

Unless subject to a specific law or international convention, all claims against the Skylink network for a potential damage or loss, must be made in writing, and received by the Skylink network, within thirty (30) days of the event giving rise to claim; the failure to give Skylink network a timely notice shall be a complete defense to any action commenced by Customer.
All suits against the Skylink network must be filed and properly served on Skylink network as follows:

• For claims arising out of ocean transportation, within one (1) year from the date of the loss according to the International Convention Hague-Visby Rules.
• For claims arising out of air transportation, within two (2) years from the date of the loss according to Montreal Convention.
• For claims arising out of the preparation and/or submission of an import entry(ies), within seventy-five (75) days from the date of liquidation of the entry(s).
• For any and all other claims of any other type, within two (2) years from the date of the loss or damage.

2.10 | No Liability for the Selection or Services of Third Parties and/or Routes

Unless services are performed by persons engaged pursuant to express the written instructions from the Customer, Skylink network shall use reasonable care in its selection of the third parties and also careful in selecting the best route, means and process to be followed in the handling, transportation, clearance, and as well as delivery of the shipment; advice by the Skylink network that a particular person or firm has been selected to render services with respect to the goods, shall not be construed to mean that the Skylink network warrants or represents that such person or firm will render such services nor does Skylink network assume responsibility or any liability for any actions or inactions of such third parties or its agents, and shall not be liable for any delay, loss or any kind of damage, which occurs while a shipment is in the custody or control of the third party or agent of the third party; all claims in connection with the Act of a third party shall be brought solely against such party and/or its agents; in connection with any such claims, the Skylink network shall reasonably cooperate with the Customer, which shall be liable for any charges or costs incurred by the Skylink network.

2.11 | Quotations Not Binding

Quotations as to fees, freight charges, rates of duty, insurance, or any other charges given by Skylink network to the Customer are for informational purposes only, and are subject to change without prior notice; no quotation shall be binding upon the Skylink network unless in writing agreed to undertake the transportation or handling of the shipment at a specific rate, set forth in the quotation, and payment arrangements are agreed to between the Skylink network and the Customer.

2.12 | Reliance on Information Furnished

Customer accepts that it is required to review all the documents and declarations prepared and filed with the Customs & Border Protection, other Government Agency and/or third parties, and will directly advise the Skylink network of any errors, discrepancies or incorrect statements on any declaration filed on the behalf of Customer.
In preparing and submitting customs entries, export declarations, documentation, or export data to the Government and/or a third party, the Skylink network relies on the correctness of all documentation (in written or electronic format) and information furnished by the Customer; Customer shall use reasonable care to ensure the accuracy of all such information, and shall cover the Skylink network from any harm and all claims asserted, and/or liability or losses suffered by the reason of Customer's failure to disclose the information or any incorrect/false statements by the Customer, upon which the Skylink network reasonably relied. The Customer agrees that the Customer has an affirmative, non-delegable duty to disclose any and all information required to import, export, or enter the goods.

2.13 | Declaring Higher Value to Third Parties

Third parties to whom the goods are assigned may limit the responsibility for the loss or damage of the goods; the Skylink network will request excess valuation coverage only upon specific written instructions from the Customer side, which must agree to pay any other charges, if there is no written instructions or the refusal of the third party to agree to a higher declared value, at Skylink network discretion, the goods may be tendered to the third party, subject to the terms of the third party’s limitations of liability and/or terms and conditions of services.

2.14 | Insurance

Unless requested to do so in writing and confirmed to Customer in writing, Skylink network is under no responsibility to procure insurance on Customer’s behalf; In all cases, Customer shall pay all premiums and costs in connection with the procurement of the requested insurance.

2.15 | Disclaimers; Limitation of Liability

Except as specifically set forth herein, Skylink network makes no indirect warranties in connection with its services.
Subject to below para, Customer agrees that in connection with any and all services performed by the Skylink network, the Skylink network shall only be liable for its neglectful acts, which are the direct and indirect cause of any loss or damage to Customer’s goods, and the Skylink network shall in no event be liable for the acts of third parties.
In connection with all services performed by the Skylink network, Customer may acquire additional liability coverage, up to the actual or declared value of the shipment or transaction, by requesting such coverage, and agreeing to make the payment therefor, whose request must be confirmed in writing by the Skylink network, prior to rendering the services for the covered transactions.
In the absence of additional coverage under (b) above, the Skylink network’s liability shall be limited to the following:

• Where a claim arises from activities other than those relating to customs brokerage, the Skylink network will charge the amount per shipment; or
• Where a claim arises from activities relating to “Customs business,” the amount of brokerage fees paid to Skylink network for the entry, whichever is less.

In no event, shall Skylink network be liable or responsible for the consequential, indirect, incidental, statutory, or punitive damages, even if it has been put on the notice of the possibility of such damages.

2.16 | Advancing Money

All charges must be paid by Customer in advance unless the Skylink network agrees, in writing, to extend the credit to the customer; granting of credit to the Customer in connection with a particular transaction shall not be considered a waiver of this provision by the Skylink network.

2.17 | Indemnification/Hold Harmless

The Customer agrees to indemnify, defend, and hold the Skylink network harmless from any claims and/or liability, arising from the importation or exportation of customers merchandise and/or any conduct of the Customer, which violates any Federal, State and/or any other laws, and further agrees to indemnify and hold the Skylink network harmless against any liability, loss, damages, costs, claims and expenses, including but not limited to, reasonable attorney’s fees, which Skylink network may hereafter experience, suffer., or be required to pay by reason of such claims; in the event that any claim, suit, or proceeding is brought against the Skylink network, it shall give notice in writing to the Customer, by mail at its address on file with the Skylink network.

2.18 | C.O.D. or Cash Collect Shipments

Skylink network shall use are regarding written instructions relating to “Cash/Collect on Deliver (C.O.D.)” shipments, bank drafts, cashier’s and/or certified cheques, letter(s) of credit, and other similar payment documents, and instructions about the collection of payment, but shall not have liability if the bank or consignee refuses to pay for the shipment.

2.19 | Costs of Collection

In any dispute relating to payment owed to Skylink network, the Skylink network shall be entitled to all costs of collection, including reasonable attorney’s fees and payment surcharge agreed upon the quotation shared by Skylink network.

2.20 | General Lien and Right to Sell Customer’s Property

Skylink network shall have a general and continuing lien on any property of the Customer coming into Skylink network’s actual or constructive ownership or control for payment owed to the Skylink network, with regard to the shipment on which the lien is claimed, a prior shipment and/or both;
Skylink network shall provide written notice to Customer of its intent to exercise such lien, the exact payment due and owing, as well as any on-going storage or other charges; Customer shall notify all parties having an interest in its shipments of Skylink network’s rights and/or the exercise of such lien.
Unless, within thirty days of receiving notice of lien, Customer posts cash or letter of credit at sight, or, if the amount due is in dispute, an acceptable bond equal to 110% of the value of the total amount due, in favour of Skylink network, guaranteeing payment of the payment owed, plus all storage charges accrued or to be accrued,
Skylink network shall have the right to sell such shipment(s) at public or private sale and any net proceeds remaining thereafter shall be refunded to Customer.

2.21 | No Duty to Maintain the Records for Customer

Customer admits that it is a duty, and is solely liable for keeping all records required under the Customs and/or other National Laws and Regulations; unless otherwise agreed to in writing, the Skylink network shall only keep such records that it is required to maintain by Statutes/laws and/or Regulations, but not act as a “record keeper” or “recordkeeping agent” for Customer.

2.22 | Obtaining Binding Rulings, Filing Protests, etc.

Unless requested by Customer in writing and agreed to by Skylink network in writing, Skylink network shall be under no obligation to undertake any pre- or post-customs release action, including, but not limited to, obtaining binding rulings, advising of liquidations, filing of requests or protests, etc.

2.23 | Preparation and Issuance of Bills of Lading

Where Skylink network prepares and/or issues a bill of lading, Skylink network shall be under no obligation to specify thereon the number of pieces, packages and/or cartons, etc.; unless specifically requested to do so in writing by Customer or its agent and Customer agrees to pay for same, Skylink network shall rely upon and use the cargo weight (whichever is higher) supplied by Customer.

2.24 | No Modification or Amendment Unless Written

These terms and conditions of service may only be improved, changed or revised in writing signed by both Customer and Skylink network; any attempt to individually modify, alter or amend same shall be null and void.

2.25 | Compensation of Skylink network

The compensation of the Skylink network for its services shall be included with the addition to the duties and charges of all carriers and other agencies selected by the Skylink network to transport and deal with the goods and such compensation shall be exclusive of any brokerage, commissions, dividends, or other revenue received by the Skylink network from carriers, insurers and others in connection with the shipment. On ocean exports, upon request, the Skylink network shall provide a detailed breakout of the components of all charges assessed and a true copy of each pertinent document relating to these charges. In any referral for collection or action against the Customer for monies due the Skylink network, upon recovery by the Skylink network, the Customer shall pay the expenses of collection and/or litigation, including a reasonable attorney fee.

2.26 | Severability

In the event any Paragraph hereof is found to be invalid or unenforceable, then in such event the remainder hereof shall remain in full force and effect.

2.27 | Governing Law; Consent to Jurisdiction and Venue

These terms and conditions of service and the relationship between the parties shall be governed and construed according to the laws of Pakistan.
Customer and Skylink network:

• Agree that any action relating to the services performed by Skylink network, shall only be brought in the court of Pakistan,
• Consent to the exercise of in personam jurisdiction by the courts of Pakistan over it, and
• Further agree that any action to enforce a judgement may be instituted in any jurisdiction.

2.28 | Confidentiality

Each party is gratified to treat any data and information not publicly available as confidential and to use these exclusively for the purpose. Only data and information needed by third parties for the execution of their duties may be passed on to them. The same rules of the confidentiality of electronic data and any other information shall apply.
The rule of confidentiality doesn’t apply to data and information that must be passed on to third parties, especially public authorities, due to legal requirements. The other party is to be informed about such requirement without any delay.

2.29 | Inspection Consent

Company may, but shall not be obligated to, inspect any shipment. Cargo items tendered for transportation may be subject to security controls by carriers and to other government regulations. The customer expressly agrees and consents to searches / inspections / screenings of all cargo in accordance with applicable security controls.

2.30 | Force Majeure

Skylink network shall not be liable for losses, damages, delays, wrongful or missed deliveries or nonperformance, in whole or in part, of its responsibilities under the Agreement, resulting from circumstances beyond the control of either Company or its subcontractors, including but not limited to:

• Acts of God, including flood, earthquake, storm, hurricane, power failure or other natural disaster;
• War, hijacking, robbery, theft or terrorist activities;
• Incidents or deteriorations to means of transportation,
• Embargoes,
• Civil commotions or riots ,
• Defects, nature or inherent vice of the goods;
• Acts, breaches of contract or omissions by Customer, Shipper, Consignee or anyone else who may have an interest in the shipment,
• Acts by any government or any agency or subdivision thereof, including denial or cancellation of any import/export or other necessary license; or
• Strikes, lockouts or other labor conflicts.