1. APPLICABILITY

1.1 These Standard Trading Terms & Conditions (“STCs”) apply to all services, quotations, transactions, freight forwarding, customs brokerage, transport, warehousing, logistics, project cargo, container handling, container bond management, container homes, airfreight, sea freight, and related services provided by Movements International (Fiji) Pte Limited (“the Company”).

1.2 These STCs replace all previous Standard Terms & Conditions unless expressly agreed otherwise in writing by the Company.

1.3 All business undertaken by the Company shall be subject to:

• these STCs;
• the laws of Fiji;
• applicable international conventions;
• and all relevant government regulations.

1.4 If any clause conflicts with Fiji law, the applicable Fiji law shall prevail only to the extent required, and the remaining clauses shall remain enforceable.

1.5 Any Customer, Consignor, Consignee, Owner, or third party utilizing the Company’s services shall be deemed to have accepted these STCs.

2. DEFINITIONS

For purposes of these STCs:

• “Company” means Movements International (Fiji) Pte Limited.
• “Customer” includes consignors, consignees, importers, exporters, owners, agents, and any party requesting services.
• “Goods” includes cargo, freight, containers, vehicles, equipment, documents, dangerous goods, personal effects, project cargo, and container homes.
• “Services” includes customs brokerage, freight forwarding, transport, storage, warehousing, cargo handling, logistics coordination, project cargo handling, and related services.
• “Carrier” means any airline, shipping line, transport operator, warehouse provider, subcontractor, or logistics service provider.
• “Dangerous Goods” means hazardous, explosive, flammable, toxic, radioactive, infectious, environmentally hazardous, or regulated cargo.
• “Force Majeure Event” means any event beyond the Company’s reasonable control.

3. COMPANY ACTING AS AGENT

3.1 The Company acts primarily as:

• freight forwarder;
• customs broker;
• logistics coordinator;
• transport arranger;
• and agent,

unless expressly agreed otherwise in writing.

3.2 The Company is not a common carrier.

3.3 The Company may:

• subcontract services;
• appoint third-party carriers;
• consolidate cargo;
• alter transport methods;
• change routes;
• and depart from Customer instructions where reasonably necessary.

3.4 The Customer authorizes the Company to contract with third parties on behalf of the Customer.

3.5 The Customer agrees to be bound by all applicable third-party carrier, warehouse, port, airline, shipping line, and subcontractor terms and conditions.

4. CUSTOMER WARRANTIES & OBLIGATIONS

4.1 The Customer warrants that:

• all information supplied is true and accurate;
• all declarations are complete;
• all permits and approvals have been obtained;
• the Goods are properly packed, labelled, and secured;
• and the Customer is legally entitled to deal with the Goods.

4.2 The Customer remains solely liable for:

• customs declarations;
• tariff classifications;
• duties and taxes;
• biosecurity compliance;
• permits and licenses;
• fumigation requirements;
• and all regulatory approvals.

4.3 The Customer indemnifies the Company against:

• customs reassessments;
• penalties;
• storage charges;
• detention;
• demurrage;
• quarantine costs;
• contamination costs;
• destruction orders;
• legal fees;
• and all third-party claims.

5. QUOTATIONS & RATE VALIDITY

5.1 All quotations:

• are estimates only;
• subject to carrier availability;
• and valid for thirty (30) days unless withdrawn earlier.

5.2 Rates may change without notice due to:

• carrier increases;
• fuel surcharges;
• GRI increases;
• currency fluctuation;
• labour costs;
• government charges;
• port congestion;
• equipment shortages;
• or operational disruptions.

5.3 Final charges shall be based upon:

• actual cargo dimensions;
• actual cargo weight;
• volumetric weight;
• carrier invoices;
• and services actually rendered.

6. CUSTOMS, BIOSECURITY & REGULATORY COMPLIANCE

6.1 The Company relies entirely upon information supplied by the Customer.

6.2 The Customer shall indemnify the Company against all:

• customs penalties;
• reassessments;
• under-declarations;
• quarantine charges;
• destruction costs;
• fumigation charges;
• inspection costs;
• and regulatory fines.

6.3 The Customer remains responsible for compliance with:

• Fiji Revenue and Customs Service;
• Biosecurity Authority of Fiji;
• Civil Aviation Authority of Fiji;
• port authorities;
• shipping lines;
• airlines;
• and all government agencies.

7. SANCTIONS & RESTRICTED CARGO

7.1 The Customer warrants that:

• the Goods do not breach sanctions laws;
• the shipment does not violate export controls;
• and the transaction complies with anti-money laundering laws.

7.2 The Company may suspend or refuse services where compliance concerns arise.

8. ELECTRONIC COMMUNICATIONS & CYBER RISK

8.1 Email instructions, scanned approvals, PDF signatures, and electronic communications shall constitute binding instructions.

8.2 The Company shall not be liable for:

• cyber fraud;
• phishing;
• email interception;
• payment diversion scams;
• hacked communications;
• malware;
• or unauthorized banking changes.

8.3 Customers must independently verify all banking details before payment.

9. INSURANCE

9.1 Insurance shall only be arranged upon written instruction from the Customer.

9.2 The Company acts solely as agent when arranging insurance.

9.3 The Customer’s sole recourse for insured losses shall be against insurers.

10. AIRFREIGHT & SEA FREIGHT CONVENTIONS

10.1 Airfreight shipments are subject to:

• Montreal Convention;
• Warsaw Convention;
• and applicable aviation laws.

10.2 Sea freight shipments are subject to:

• Hague Rules;
• Hague-Visby Rules;
• carrier bills of lading;
• and maritime conventions.

10.3 Recovery for cargo loss or damage may be limited by applicable conventions and carrier limitations.

11. DELIVERY, DETENTION & SITE ACCESS

11.1 The Customer shall be fully liable for:

• detention;
• demurrage;
• storage;
• reefer monitoring;
• port rent;
• empty return penalties;
• and all carrier-related charges.

11.2 The Customer shall ensure:

• safe delivery access;
• crane access;
• unloading arrangements;
• permits;
• and suitable ground conditions.

11.3 Additional charges apply for:

• waiting time;
• redelivery;
• crane standby;
• ferry/barge charges;
• escorts;
• and after-hours operations.

11.4 Risk transfers to the Customer immediately upon delivery or collection.

12. WAREHOUSING & STORAGE

12.1 Goods stored by the Company are held entirely at Customer risk unless directly caused by the Company’s willful misconduct.

12.2 The Company may:

• move Goods between storage facilities;
• consolidate storage;
• and dispose of abandoned cargo after notice.

12.3 Temperature-sensitive cargo remains entirely at Customer risk unless expressly agreed otherwise in writing.

13. DANGEROUS GOODS

13.1 Dangerous Goods shall not be accepted without prior written approval.

13.2 The Customer warrants compliance with:

• IATA;
• ICAO;
• IMDG;
• Fiji Dangerous Goods laws;
• and all safety regulations.

13.3 The Company may isolate, destroy, abandon, or dispose of Dangerous Goods at Customer cost and risk.

14. LIMITATION OF LIABILITY

14.1 All services are provided at Customer risk.

14.2 To the maximum extent permitted by Fiji law, the Company shall not be liable for:

• indirect loss;
• consequential loss;
• loss of profits;
• business interruption;
• delay;
• financing costs;
• penalties;
• or economic loss.

14.3 The Company’s maximum liability shall not exceed:

• FJD $100 per shipment; or
• the amount recoverable from the carrier,
  whichever is lower.

14.4 The Company shall not be liable for:

• airline delays;
• shipping line delays;
• customs delays;
• carrier failures;
• government actions;
• port congestion;
• cyber events;
• or force majeure events.

15. CLAIMS & TIME LIMITS

15.1 Claims for visible damage must be submitted within two (2) days of delivery.

15.2 Claims for concealed damage must be submitted within seven (7) days.

15.3 Claims for non-delivery must be submitted within ninety (90) days.

15.4 No legal proceedings may be commenced more than twelve (12) months after completion of services.

16. FINANCIAL TERMS, EXCHANGE RATES & PAYMENT OBLIGATIONS

16.1 All invoices are payable:

• immediately unless credit terms are approved;
• without deduction or set-off;
• and in Fiji Dollars.

16.2 Interest shall apply on overdue amounts at:

• 3.5% above the Company’s bank overdraft rate.

16.3 The Customer shall pay:

• legal fees;
• debt recovery costs;
• collection charges;
• and enforcement expenses.

CURRENCY EXCHANGE & FOREIGN CURRENCY ADJUSTMENT

16.4 Where freight, carrier charges, overseas agent charges, customs duties, taxes, disbursements, storage charges, transport costs, insurance premiums, or any third-party costs are incurred in foreign currency, the Company reserves the right to convert such charges into Fiji Dollars (FJD) using the prevailing commercial bank exchange rate applicable on the date of quotation, invoicing, payment, settlement, or carrier billing.

16.5 The Customer acknowledges and agrees that:

• exchange rates may fluctuate between quotation, shipment, invoicing, and payment dates;
• final charges may differ from original quotations;
• and foreign currency adjustments may apply.

16.6 The Company reserves the right to recover:

• exchange losses;
• bank conversion fees;
• telegraphic transfer charges;
• intermediary bank fees;
• and overseas settlement costs.

16.7 All exchange rate calculations applied by the Company shall be deemed final unless manifestly incorrect.

INVOICE DISPUTES & TIME BAR

16.8 Any dispute relating to:

• invoices;
• freight charges;
• exchange rates;
• detention;
• demurrage;
• customs charges;
• storage charges;
• transport charges;
• reefer charges;
• warehouse charges;
• or any service fees

must be submitted in writing within seven (7) calendar days from invoice date.

16.9 Failure to dispute the invoice within seven (7) days shall constitute:

• full acceptance of the invoice;
• acceptance of exchange rates applied;
• acceptance of the services rendered;
• and acknowledgment that all amounts are due and payable.

16.10 No dispute shall entitle the Customer to:

• withhold payment;
• delay payment;
• apply set-off;
• or suspend payment obligations.

16.11 The Company may suspend:

• cargo release;
• customs clearance;
• transport;
• warehousing;
• and future services

until all undisputed outstanding balances are paid.

17. LIEN RIGHTS

17.1 The Company has a general and particular lien over:

• Goods;
• containers;
• cargo;
• documents;
• and recoveries

for all monies owing.

17.2 Cargo may be sold after notice where debts remain unpaid.

17.3 The Customer shall not create competing security interests over Goods without Company consent.

18. FORCE MAJEURE

18.1 The Company shall not be liable for delays or failures caused by:

• cyclones;
• floods;
• strikes;
• pandemics;
• fuel shortages;
• cyber attacks;
• system failures;
• government restrictions;
• equipment shortages;
• port congestion;
• or events beyond reasonable control.

19. NO CLAIMS AGAINST EMPLOYEES

19.1 No director, employee, servant, subcontractor, or agent of the Company shall incur personal liability arising from services performed.

20. DATA PRIVACY & CONFIDENTIALITY

20.1 The Company may collect and process commercial and shipment information necessary to provide services.

20.2 Information may be disclosed where required by:

• law;
• customs authorities;
• regulators;
• insurers;
• carriers;
• or government agencies.

21. NO RELIANCE

21.1 The Customer confirms it has not relied upon:

• verbal promises;
• estimated transit times;
• informal advice;
• market predictions;
• or non-written representations.

22. GOVERNING LAW & JURISDICTION

22.1 These STCs are governed exclusively by the laws of Fiji.

22.2 The parties submit exclusively to the jurisdiction of the courts of Fiji.

23. SEVERABILITY

23.1 If any clause is unenforceable, the remaining clauses shall remain valid and enforceable.

24. ENTIRE AGREEMENT

24.1 These STCs constitute the entire agreement between the parties and override all prior negotiations, discussions, quotations, representations, or understandings unless agreed in writing by the Company.

AUTHORISED BY:

MOVEMENTS INTERNATIONAL (FIJI) PTE LIMITED