Executive Excess Baggage Services

1. (i) All and any business undertaken, including any advice, information or service

provided whether gratuitously or not by EXECUTIVE EXCESS BAGGAGE

SERVICES (hereinafter called "the company") is transacted subject to the Conditions

hereinafter set out and each Condition shall be deemed to be incorporated in and to be

a Condition of any agreement between the Company and its Customers. The Company

is not a common carrier and only deals with goods subject to these Conditions. No agent

or employee of the Company has the Company's authority to alter or vary these

Conditions.

(ii) If any legislation is compulsorily applicable to any business undertaken, these

Conditions shall as regards such business be read as subject to such legislation and

nothing in these Conditions shall be construed as a surrender by the Company of any

of ita rights or immunities or as an increase of any of its responsibilities of liabilities

under such legislation and if any part of these Conditions be repugnant to such

legislation to any extent such part shall as regards such business be void to that extend

but no nirther.

2. Customers entering into transactions of any kind with the Company expressly

warrant that they are either the owners or the authorised agents of the owners of any

goods to which the transaction relates and further warrant that they are authorised to

accept and are accepting these Conditions not only for themselves but also as agents for

and on behalf of all other persons who are or may thereafter become interested in the

goods.

3. Any instructions or business accepted by the Company may in the absolute discretion

of the Company be fulfiled by the Company itself by its own servants performing part

or all of the relevant services or by the Company employing or instructing or entrusting

the goods to others on such conditions as such others may stipulate to perform part or

all of the services.

4. Subject to express instructions in writing given by the Customer, the Company

reserves to itself absolute discretion as to the means, route and procedure to be followed

in the handling, storage and transportation of goods. Further, if in the opinion of the

Company it is at any stage necessary or desirable in the Customer's interests to depart

from those instruction, the Company shall be at liberty to do so.

5. Pending forwaiding or delivery, goods may be warehoused or otherwise held at any

place or places at the sole discretion of the Company and the cost thereof shall be for

the account of the Customer.

6. Except where the Company is instructed in writing to pack the goods the Customer

warrants that all goods have been properly and sufficiently packed and/or prepared.

7. The Company is entitled to retain and be paid all brokerages, commissions,

allowances and other remunerations.

8. Quotations are given on the basis of immediate acceptance and are subject to

withdrawals or revisions. Further, unless otherwise agreed in writing the Company

shall be after acceptance at liberty to revise quotations or charges with or without notice

in the event of charges occurring in currency exchange rates, rates of freight, insurance

premiums or any charge applicable to the goods.

9. The customer shall be deemed to be bound by and to warrant the accuracy of all

descriptions, values and other particulars furnished to the Company for Custom,

Consular and other purposes and he undertakes to indemnify the Company against all

losses, damages, expenses and fines whatsoever arising from any inaccuracy or

omission, even if such inaccuracy or omission is due to any negligence.

10. The Customer shall be liable for any duties, taxes, imports, levies, deposits or

outlays of any kind levied by the authorities at any port or place for or in connection

with the goods and for any payments, fines, expenses, loss or damage whatsoever

incurred or sustained by the Company in connection therewith.

11. When goods are accepted or dealt with upon instruction to collect freight, duties,

charges or other expenses from the consignee or any other person the Customer shall

retain responsibly for the same if they are not paid by such consignee or other person

immediately when due.

12. No insurance will be effected on excess Baggage, owner packed personal and/or

household effects.

13. No insurance will be effected except upon express instructions given in writing by

the Customer and all insurances effected by the Company are subject to the usual

exceptions and conditions of the policies of the insurance company of underwriters

taking the risk. The Company shall not be under any obligation to effect a separate

insurance on each consignment but may declare it on any open or general policy. Should

the insurers dispute their liability for any reason the insured shall have recourse

against the insurers only and the Company shall not be under any responsibility or

liability whatsoever in relation there to notwithstanding that the premium upon the

policy may not be at the same rate as that charged by the Company or paid to the

Company by its Customer.

14. (i) The Company shall only be responsible for any loss of or damage to goods of any

non-delivery or misdelivery if it is proved that the loss, damage, non-delivery or

misdelivery occurred whilst the goods were in the actual custody of the Company and

under its actual control and that such loss, loss damage, non-delivery or misdelivery

was due to the wilful neglect or default of the Company or its own servants-

(ii) The Company shall only be liable for any non-compliance or mis-compliance with

instructions given to it if it is proved that the same was caused by the wilful neglect or

default of the Company or its own servants.

(iii) Same as aforesaid the Company shall be under no liability whatsoever however

arising, and whether in respect of or in connection with any goods or any instructions,

business's advice, information or service or otherwise.

(iv) Further and without prejudice to the generality of the proceeding sub-condition, the

Company shall not in any event, whether under sub-conditions (i) or (iij or otherwise,

be under any liability whatsoever for any consequential loss or loss of market or fire or

consequence of fire or delay or deviation however caused.

15. In no case whatsoever shall any liability of the Company howsoever arising and

notwithstanding any lack of explanation exceed the value of the relevant goods or a sum

at the rate of £200 per tonne or 1000 kilos on the gross weight of the goods whichever

is the less.

16. In any event the Company shall be discharged from all liability: -

(a) for loss from a package or an unpacked consignment or for damage or mis-delivery

(howsoever caused) unless notice be received in writing within seven days after the end

of the transit where the transit ends in Ireland or within fourteen days after the end of

the transit where the transit ends at any place outside Ireland.

(b) for loss or non-delivery of the whole of a consignment or any separate package

forming part of the consignment (however caused), unless notice be received in writing

within twenty-eight days of the date when the goods should have been delivered.

17. (a) The Company shall not be obliged to make any declarations for the purpose of

any statute or convention or contract as to the nature of value of any goods or as to any

special interest in delivery, unless expressly instructed by the Customer in writing.

(b) Where there is a choice of rates according to the extent or degree of the liability

assumed by carriers, warehousemen or others, goods will beforewarded, dealt with, etc.

at Customer's risk or other minimum charges and no declaration of value (where

optional) will be made, unless express instructions in writing to the contrary have

previously been given by the Customer.

18- Perishable goods which are not taken up immediately upon arrival or which are

insufficiently addressed or marked or otherwise not readily identifiable, may be sold or

otherwise disposed of without any notice to the Customer and payment or tender of the

net proceeds of any sale after deduction of charges and expenses shall be equivalent to

delivery. All charges and expenses arising in connection with the sale or disposal of the

goods shall be paid by the Customer.

19. The Company shall be entitled to sell or dispose of all non-perishable goods which

in the opinion of the Company cannot be delivered either because they are insufficiently

or incorrectly addressed or because they are not collected or accepted by the Consignee

or any other reason, upon giving 21 days notice in writing to the Customer. All charges

and expenses arising in connection with the storage and sale or disposal of the goods

shall be paid by the Customer.

20. Except under special arrangement previously made in writing the Company will not

accept or deal with any noxious, dangerous hazardous or inflammable or explosive

goods or any goods likely to cause damage- Should any Customer nevertheless deliver

any such goods to the Company or cause the Company to handle or deal with any such

goods otherwise than under special arrangements previously made in writing, he shall

be liable for all loss or damage whatsoever caused by or to in connection with the goods

however arising and shall indemnify the company against all penalties, claims,

damages, costs and expenses whatsoever arising in connection therewith and the goods

may be destroyed or otherwise dealt with at the sole discretion of the Company or any

other person in whose custody they may be at the relevant time. If such goods are

accepted under arrangements previously made in writing, they may nevertheless be so

destroyed or otherwise dealt with on account of risk to other goods, property, life or

health- The expression "goods likely to cause damage" includes goods likely to harbour

or encourage vermin or other pesta.

21. Except under special arrangement previously made in writing the Company will not

accept or deal with bullion, coins, precious stones, jewellery, valuables, antiques.

pictures, livestock or plants. Should any Customer nevertheless delivery any such goods

to the Company or cause the Company to handle or deal with any such goods otherwise

than under special arrangements previously made in writing the Company shall be

under no liability whatsoever for or in connection with the goods however caused.

22. Without prejudice to Condition 2 the Company shall have the right to enforce any

liability of the Customer under these Conditions or to recover any sums to be paid by

the Customer under these Conditions not only against or from the Customer but also if

is thinks fit against or from the sender and/or consignee and/or owner of the goods. All

sums shall be paid to the Customer in cash immediately when due without deduction

and payment shall not be withheld or deferred on account of any claim, counterclaim or

set-off.

23. All goods (and documents relating to goods) shall be subject to a particular and

general lien and right of detention for monies due either in respect of such goods, or for

any particular or general balance or other monies due from the Customer or the sender,

consignee or owner to the Company. If any monies due to the Company are not paid

within one calendar month after notice had been given to the person from whom the

monies are due that such goods are being detained, they may be sold by auction or

otherwise at the sole discretion of the Company and at the expense of such person, and

the net proceeds applied in or towards satisfaction of such indebtedness.

24. In additional to and without prejudice to the foregoing Conditions the Customer

undertakes that he shall in any event indemnify the Company against all liabilities

whatsoever suffered or incurred by the Company arising directly or indirectly from or

in connection with the Customer's instructions or their implementation of the goods,

and in particular the Customer shall indemnify the Company in respect of any liability

whatsoever it may be under to any servant, agent or sub-contractor or any haulier,

carrier, warehousemen, or other person whatsoever at any time involved with the goods

arising out of any claim made directly or indirectly against any such party by the

Customer or by any sender, consignee or owner of the goods or by any person interested

in the goods or by any other person whatsoever.

25. All agreements between the Company and its customers shall be governed by Irish

Law and be within the exclusive jurisdiction of the Irish Courts.

A Aaran Excess Baggage Services and Executive Excess Baggage Services
are registered business names of Executive Services 2000 Ltd.

All domain names listed on this website are registered domain names of Executive Services 2000 Limited, Ireland.