Standard Trading Terms for A.N.A. Aviation Services Limited trading as Network Airline Services, a company registered in England with company number 01858078 (“NAS”)
These Terms shall apply to all contracts for Carriage (or other services) agreed between NAS and a Customer.
The Customer’s attention is drawn in particular to the published Terms which serve to limit or exclude NAS’s liability, or pursuant to which the Customer is required to indemnify NAS.
The key Terms governing payment and ancillary terms are summarised below.
1 – RATES AND CHARGES
1.1 The Customer shall pay NAS in accordance with the following rates and charges:
1.1.1 the rates and charges for Carriage attached hereto, or as otherwise published by NAS (as amended from time to time), which may be amended at any time by NAS without prior notice being given to the Customer;
1.1.2 any written contract rates specifically agreed between NAS and the Customer, and
1.1.3 any spot rates for the Customer agreed and confirmed in writing by a duly authorised representative of NAS.
1.2 Except as otherwise agreed between NAS and the Customer or as notified by NAS to the Customer, the rates and charges apply only from airport to airport and do not include any ancillary service given by NAS in connection with the Carriage.
1.3 Rates and charges are published in the currency shown in the applicable rate tariffs, and may be paid in any other currency which NAS has notified in writing is acceptable to it. When payment is made in a currency other than in the currency in which the rate or charge is published, such payment will be made at the rate of exchange established for such purpose by NAS, the current statement of which is available for inspection at NAS’s office where payment is made. The provisions of this paragraph are subject to applicable exchange laws and government regulations.
1.4 Full applicable charges, whether prepaid or collect, fees, duties, taxes, charges, advances and payments, made or incurred or to be incurred by NAS and any other sums payable to NAS, will be deemed fully earned, whether or not the Cargo is lost or damaged, or fails to arrive at the destination specified in the contract of carriage. All such charges, sums and advances will be due and payable upon receipt of the Cargo by NAS, except that they may be collected by NAS at any time upon demand of NAS.
1.5 The Customer agrees to pay and indemnify NAS in full against all freight rates, storage rates and all unpaid charges, unpaid charges collect, advances and disbursements of NAS. The Customer also guarantees payment of all costs, expenditures, fines, penalties, loss of time, damage and other sums which NAS may incur or suffer by reason of the inclusion in the Shipment of articles the carriage of which is prohibited by law or by the Terms, or the illegal, incorrect or insufficient marking, numbering, addressing or packing of packages or descriptions of the Cargo, or the absence, delay or incorrectness of any export or import licence or any required certificate or document, or any improper customs valuation, or incorrect statement of weight or volume. NAS shall have a lien on the Cargo for each of the foregoing and, in the event of non-payment thereof, shall have the right to dispose of the Cargo at public or private sale in accordance with condition 2.2 below (without discharging any liability to pay any deficiencies, for which the Customer and the Consignee (being the designated recipient of the Cargo, where payment is agreed on a charges collect basis) shall remain jointly and severally liable).
1.6 If the gross weight, measurement, quantity or declared value of the Cargo exceeds the gross weight, measurement, quantity or declared value on which charges for Carriage have been previously computed, NAS shall be entitled to require payment of the charge on such excess.
1.7 All charges applicable to a Shipment are payable in full by the Customer on or before the final day of the month following the month in which they fell due.
1.8 For the avoidance of doubt, NAS shall be entitled to full reimbursement on an indemnity basis for all costs and expenses incurred in pursuing or collecting unpaid or overdue charges, including but not limited to legal costs, court costs, process server costs and/or other related costs. NAS shall be entitled to payment of interest on any overdue charges at the rate specified in the Late Payment of Commercial Debts (Interest) Act 1998, as amended from time to time.
1.9 NAS may cancel the Carriage of the Shipment upon refusal by the Customer or Consignee, after demand by NAS, to pay the charges or portion thereof so demanded, without NAS being subject to any liability therefore.
2 – PAYMENT PROCEDURES
2.1 NAS may, upon notice to the Customer or otherwise as detailed in the relevant invoice sent to the Customer, opt for one of two payment methods:
2.1.1 Payment through CASS
If specified in the relevant invoice or otherwise if notified by NAS to the Customer, the Customer shall pay all charges due as above through IATA’s Cargo Accounts Settlement System (“CASS”). Invoices for charges to be paid through CASS may be issued in the name of “Allied Air c/o NAS”, however, notwithstanding such description, the invoice is payable to NAS and the Customer accepts and acknowledges that it is contracting with NAS as principal (and that NAS is not acting as agent for any other party) and that all charges due pursuant to such invoices and/or paid or due through CASS shall become and remain at all times the property and legal entitlement of NAS, from the time such charges become due, and neither the Customer nor any other party, including but not limited to Allied Air Limited, shall have any right of claim, lien, charge or any other right of recovery over the monies representing the charges, while being processed through CASS or otherwise.
2.1.2 Direct Billing
If specified in the relevant invoice or otherwise if notified by NAS to the Customer, the Customer shall pay all charges due as above through a direct billing method, as specified and notified by NAS to the Customer from time to time. Any payment demanded or agreed on a direct billing basis, shall be paid by the Customer within 30 days of the date of the invoice (although NAS reserves the right to demand a shorter payment period from time-to-time at its sole discretion, if specified in the relevant invoice or otherwise if notified by NAS).
2.2 NAS may from time to time, at its sole discretion, agree payment by the Consignee (being the designated recipient of the Cargo), at the time of delivery, on a “charges collect” basis. In the event of any payment agreed on a “charges collect” basis, both the Customer and Consignee shall (notwithstanding any other remedies to which NAS may be entitled) remain jointly and severally liable for such payment, in the event of a failure to pay at the time of delivery.
2.3 The benefit of all invoices and/or charges due to NAS may be assigned by NAS at any time at its sole discretion to any third party, including but not limited to pursuant to an invoice discounting arrangement. In the event of such an assignment, the Customer agrees to pay all charges due into such alternative third party bank account as may be directed by NAS, including but not limited to a trust account. NAS further reserves the right to assign any rights of recovery in respect of such charges, to such third party.
2.4 NAS shall have a general lien over all Cargo and documentation relating to Cargo in its possession, custody or control for all charges and other sums due from the Customer to NAS from time to time:
2.4.1 NAS shall be entitled to sell or otherwise dispose of such Cargo or documents at the expense of the Customer, and apply any proceeds to such outstanding sums due, having given 14 days written notice to the Customer and/or
2.4.2 If the Cargo is liable to perish or deteriorate within 48 hours, NAS will take reasonable steps to advise the Customer, but thereafter shall be entitled to immediately take the actions described in the clause above upon non-payment of sums due, without further liability or requirement for notice.
2.5 The Customer shall not be entitled at any time to set-off any charges or amounts due to NAS, against any amounts, liabilities, costs, damages or charges which may be owed, or the Customer believes may be owed, by NAS to the Customer (whether proven or otherwise).
3 – CARRIER’S GENERAL CONDITIONS OF CARRIAGE
Any contract for carriage agreed between NAS and the Customer shall also be subject to the relevant Carrier’s Conditions of Contract, Conditions of Carriage and any other regulations made or issued by the Carrier (copies of which are available upon request from NAS). The Customer shall be deemed to have also accepted such conditions and regulations (whether or not copies were provided) upon requesting or placing an order for a contract of carriage with NAS. As between NAS and the Customer, in the event of any conflict or inconsistency between such conditions and regulations and NAS’s Terms, NAS’s Terms shall prevail.
4 – NAS’s GENERAL RIGHTS
Without limitation to any other rights or benefits conferred upon NAS in the Conditions (or any obligations imposed thereon), NAS may, at its sole discretion:
4.1 refuse to carry any passenger, baggage, Cargo or mail;
4.2 decide what load may be carried and its distribution;
4.3 decide whether, when and how a flight may safely and legally be undertaken and where and when the aircraft should take off or be landed; and
4.4 generally take any decisions as to all matters relating to the operation of the aircraft.
5 – NON-PERFORMANCE, DELAY, VARIATIONS AND DIVERSIONS
Without limitation to any of the other Terms:
5.1 Any departure and arrival times communicated to the Customer in any form are approximate and NAS does not guarantee them;
5.2 NAS assumes no responsibility for making or meeting any connections;
5.3 NAS may vary, alter or deviate from the times shown or communicated to the Customer if, in its reasonable discretion, it is desirable, necessary or unavoidable to do so, or if it is required to do so by any airport or competent authority, or if it is necessary to avoid a breach of any law or regulation.
6 – GENERAL
These Terms shall be governed by the laws of England and shall be subject to the jurisdiction of the English courts.
(NAS9 6 2604880)