Document Reference:CG-TC-V1-29.09.24
Effective Date: 29 September 2024
Important Notice
These Terms and Conditions of Service (“Conditions”) form the entire basis of the contractual relationship between Carra Globe Ltd and the entity engaging its services (“the Client”). By commissioning any service from Carra Globe Ltd, the Client affirms that it has reviewed, understood, and unconditionally consented to these legally binding Conditions. These Conditions shall apply to all business undertaken by Carra Globe Ltd, including all Quotes, Orders, invoices, and other documents issued by Carra Globe, whether or not a formal written agreement has been separately concluded. In case of questions or uncertainties, the Client is encouraged to contact Carra Globe at info@carraglobe.com for clarification.
1. About Carra Globe
- Registration. Carra Globe Ltd is a global trade compliance and logistics company registered in England and Wales under company number 16657216, with its registered office at Baylis Business Centre, Stoke Poges Lane, Slough, England, SL1 3PB.
- Contact Details. Email: info@carraglobe.com | Website: https://carraglobe.com | Phone (UK): +44 7748 533273 | Phone (US): +1 (786) 9360 405
- Services. Carra Globe provides Importer of Record (IOR), Exporter of Record (EOR), Delivered Duty Paid (DDP) shipping, freight forwarding, customs clearance, white glove delivery, and warehouse logistics services across 175+ countries. All operations are conducted in accordance with applicable UK law, international trade regulations, and industry best practice standards.
- Review Cycle. These Conditions are reviewed annually by Carra Globe’s senior management. The current version is always published at https://carraglobe.com/terms-of-condition/.
2. Definitions
- Carra Globe or the Company: Refers to Carra Globe Ltd, registered in England and Wales under company number 16657216.
- Client: The person, firm, company, or organisation that instructs Carra Globe to provide Services, or that requests a Quote, places an Order, or enters into an Agreement with Carra Globe.
- Agreement: The legally binding contract between Carra Globe and the Client for the provision of Services, incorporating these Conditions, the applicable Quote, and any Master Services Agreement (MSA) or written service agreement executed between the parties.
- Services: The entirety of the logistics, transport, freight forwarding, customs brokerage, warehousing, Exporter of Record (EOR), Importer of Record (IOR), Delivered Duty Paid (DDP) shipping, white glove delivery, trade compliance, and all related activities provided by Carra Globe to the Client.
- Consignment: Any goods, cargo, or merchandise, whether in a single package or in bulk, to which the Services relate.
- Quote: A written quotation issued by Carra Globe setting out the proposed scope, pricing, and conditions for the Services.
- Order: A written or electronic instruction from the Client to Carra Globe to proceed with Services, whether by formal acceptance of a Quote, execution of a service agreement, purchase order, or other written confirmation.
- Charges: All fees, duties, taxes, tariffs, levies, surcharges, disbursements, and other costs payable in connection with the Services, as set out in the applicable Quote or invoice.
- Incoterms: Refers to the International Commercial Terms as published by the International Chamber of Commerce (ICC), as amended from time to time, including Incoterms 2020.
- Customs Authority: Any government body, border agency, tax authority, or regulatory body in any jurisdiction exercising authority over the import, export, or transit of the Consignment.
- Prohibited Goods: Consignments that are unlawful, subject to international sanctions or embargoes, require licences or permits not provided by the Client, or are otherwise prohibited from import or export under applicable law in any relevant jurisdiction.
- Force Majeure Event: Any event beyond Carra Globe’s reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, strikes, pandemics, government action, Customs Authority delays, port or airport congestion, carrier failure, severe weather, or changes in applicable law, regulation, or tariff schedules.
- Working Day: Any day other than a Saturday, Sunday, or public holiday in England and Wales.
3. Application and Precedence of Terms
- Primacy of these Conditions. These Conditions shall govern the Agreement to the exclusion of all other terms and conditions. Any terms or conditions put forward by the Client, whether in a purchase order, correspondence, or otherwise, are explicitly rejected and shall have no legal effect whatsoever.
- Order of Priority. In the event of a conflict between documents, the order of precedence shall be:
- Any specific insurance policy arranged through the Company;
- A formally executed Master Services Agreement (MSA);
- These Conditions.
- Variation. No amendment or variation to these Conditions shall be effective unless it is in writing and signed by a duly authorised director of Carra Globe.
- Acceptance. By placing an Order or instructing Carra Globe to proceed with any Services, the Client confirms unconditional acceptance of these Conditions in full.
- Absence of Specific Provisions. In the event that any aspect of the Agreement or these Conditions is not explicitly addressed, the parties agree to resolve such omissions by mutual agreement in good faith, adopting terms consistent with prevailing industry practices and the principles of the CMR Convention on the Contract for the International Carriage of Goods by Road where applicable.
4. Quotations, Charges, and Payment
- Quotations. All Quotes are provided subject to the availability of resources and are valid for the period stated within the Quote. Where no validity period is stated, Quotes are valid for 7 days from the date of issue. Quotes may be withdrawn or revised at any time prior to written acceptance by the Client. Carra Globe reserves the right to revise a Quote if the Client’s instructions, declared cargo details, destination requirements, applicable duties, taxes, or regulatory requirements differ materially from those on which the original Quote was based. A Quote does not constitute a binding commitment to provide Services and does not form an Agreement until Carra Globe confirms written acceptance of the Client’s Order.
- Exclusions from Quotes. Unless expressly stated otherwise in the Quote, all Quotes exclude:
- Import duties, destination country taxes, VAT, GST, and other fiscal charges;
- Regulatory approval and type approval fees;
- Inspection and testing fees;
- Demurrage, detention, and storage charges arising from delays beyond Carra Globe’s control;
- Currency fluctuation adjustments; and
- Any costs arising from changes in applicable law, regulation, or tariff schedules after the Quote date.
Import duties and taxes paid on the Client’s behalf are never included in the calculation of any liability cap, even where service fees are used as the basis for that calculation.
- Payment Terms. The Client shall pay all Charges invoiced by Carra Globe in pounds sterling (GBP) or US dollars (USD) within the credit period specified on the invoice, without deduction or set-off. In the absence of a specified period, payment is due within 15 days of the invoice date. All Charges are stated exclusive of VAT and any other applicable taxes. Payment shall be made by bank transfer to the account details specified on the invoice. All bank charges associated with international transfers are payable by the Client.
- Late Payment. Without prejudice to any other rights or remedies available to Carra Globe, where the Client fails to pay any invoice by the due date, Carra Globe may:
- Charge a penalty of 10% of the outstanding amount immediately upon default, in addition to any applicable interest or collection costs;
- Charge interest at 8% per annum above the Bank of England base rate, calculated daily from the due date to actual payment in full, pursuant to the Late Payment of Commercial Debts (Interest) Act 1998;
- Suspend all ongoing and future Services until all outstanding Charges including penalty and accrued interest are paid in full;
- Recover all reasonable costs of pursuing overdue payment, including legal costs on an indemnity basis, debt collection agency fees, and court fees;
- Exercise a lien over any Consignment in its possession until all outstanding Charges are discharged; and
- Take legal action to recover outstanding amounts, with all associated costs charged to the Client.
- Obligation to Supplement Deducted Payments. All amounts payable to Carra Globe must reflect the full total specified in the applicable Quote or invoice. Any amounts deducted or withheld from payment by the Client, including taxes, levies, withholding taxes, bank charges, or any other deductions imposed by third parties or authorities, must be supplemented by the Client to ensure Carra Globe receives the total agreed amount in full.
- Advance Payment. Carra Globe reserves the right to require advance payment, a deposit, or security before commencing Services, particularly for new clients, high-value Consignments, large duty advances, or shipments to high-risk destinations.
- Scope Adjustments. Any request for services beyond the scope of the approved Quote, or after the commencement of initial Services, shall be subject to review by the Company. The Company reserves the right at its sole discretion to accept or decline such requests. Where accepted, a separate proposal outlining the new scope and associated fees will be issued. All additional services and charges must be paid in full before the additional services are rendered, or as otherwise agreed in writing.
- Obligation to Report Changes. If, after the issuance of a Quote but before the commencement of Services, there are any changes that could affect the agreed Services — including but not limited to changes in cargo details, destination requirements, regulatory requirements, or shipment specifications — the Client must notify Carra Globe in writing as soon as possible. Carra Globe reserves the right to adjust the scope of Services, timeline, and pricing accordingly.
5. Client Obligations and Covenants
The Client warrants and undertakes that:
- Ownership or Authority. It is either the owner of the Consignment or is duly authorised by the owner to accept these Conditions on their behalf and to engage Carra Globe to perform the Services.
- Accurate Information. All information, declarations, and documentation provided to the Company are complete, accurate, and not misleading, and are provided in a timely manner. This includes accurate commercial invoices, packing lists, certificates of origin, correct HS commodity codes, declared invoice values, country of manufacture, and a full description of the Consignment sufficient for customs classification and valuation.
- Proper Packaging. The Consignment is properly and sufficiently prepared, packed, stowed, labelled, and marked for the anticipated journey and handling.
- Licences and Permits. It holds all licences, permits, certificates, type approvals, and authorisations required to import, export, or transit the Consignment in each applicable jurisdiction, and will provide these to Carra Globe in advance of shipment.
- Documentation Requirements. It will notify Carra Globe in advance and in writing if any export, import, customs, or transit documents will be required for the Consignment before accepting the Quote. Carra Globe will not be liable for providing any documents requested after the Quote has been accepted and approved, unless otherwise expressly agreed in writing. Export and import customs documents and transit documents will not be furnished unless this requirement has been explicitly communicated and agreed upon before the Quote is accepted. Carra Globe is liable to provide only delivery documents such as CMR or Proof of Delivery (POD) for delivered Consignments unless otherwise agreed.
- Compliance with Laws. It will comply with all applicable laws and regulations of any jurisdiction to, from, or through which the Consignment may pass, including export controls, sanctions, dual-use regulations, and restricted commodity requirements.
- Payment of Duties and Taxes. It will bear all applicable duties, taxes, and other government charges and will reimburse the Company promptly for any such payments made on its behalf.
- Consequences of Non-Compliance. Carra Globe is entitled to rely on Client-provided information without independent verification. Where inaccurate or incomplete Client information causes additional costs, delays, fines, penalties, regulatory action, or liability, all resulting costs shall be borne solely by the Client and Carra Globe shall be entitled to recover them in full as a debt immediately due. Failure by the Client to fulfil these obligations may result in:
- Suspension of Services by Carra Globe;
- Termination of the Agreement in accordance with Clause 17; and
- Full liability for any resulting damages, costs, or penalties incurred by Carra Globe.
6. Carra Globe Obligations
- Performance of Services. Carra Globe agrees to perform the Services with a degree of reasonable care, skill, and diligence expected of a professional logistics and trade compliance provider operating across global markets.
- Timeframes. Carra Globe shall use reasonable endeavours to meet estimated transit times and delivery dates communicated to the Client. All timeframes are indicative only and are not guaranteed. Time shall not be of the essence unless expressly agreed in writing.
- Subcontracting. The Company may at its discretion subcontract all or part of the Services to carriers, freight agents, customs brokers, warehousing partners, in-country IOR agents, and other third parties, remaining responsible for the performance of its obligations under these Conditions. Carra Globe shall use reasonable due diligence in the selection of such parties.
- Importer of Record. Where Carra Globe acts as Importer of Record on behalf of the Client, it does so as a service provider assuming the formal customs and regulatory position in the destination country on the Client’s behalf. The Client remains wholly responsible for the accuracy of all information provided and for ensuring the Consignment complies with all applicable import regulations, product standards, labelling requirements, and licensing obligations in the destination country.
- Notification of Issues. Carra Globe shall promptly notify the Client of any issues that arise during the performance of the Services, including but not limited to delays, damages, customs holds, or any circumstances that could materially affect the timely and proper delivery of the Consignment.
7. Duties, Taxes, and Customs Compliance
- Client Responsibility for Fiscal Charges. All import duties, taxes, VAT, GST, excise duties, anti-dumping duties, and other fiscal charges applicable to the Consignment in the destination country are the responsibility of the Client, unless Carra Globe has expressly agreed in writing to assume these costs under DDP terms.
- Regulatory Compliance. The Client is responsible for ensuring that the Consignment complies with all applicable import regulations, product certification and type approval requirements, labelling and marking standards, and safety and environmental requirements in the destination country. Regulatory approvals remain the Client’s responsibility unless Carra Globe has expressly agreed in writing to obtain them as part of the Services.
- Exclusion of Liability for Customs Failures. Carra Globe shall not be liable for any customs delays, inspections, holds, seizures, penalties, or fines arising from inaccurate or incomplete information provided by the Client, or from the Client’s failure to obtain required licences, permits, certifications, or regulatory approvals prior to shipment.
- IOR Restrictions. Where applicable law in a destination country prevents a foreign entity from acting as Importer of Record, the Client shall notify Carra Globe at the time of quotation. Carra Globe shall use reasonable endeavours to identify a compliant alternative solution.
8. Prohibited and Restricted Goods
- Client Warranty. The Client warrants that the Consignment does not constitute Prohibited Goods and does not include any of the following without prior written disclosure to and written agreement from Carra Globe:
- Goods subject to international sanctions, trade embargoes, or export control restrictions under UK, US, EU, UN, or any other applicable regulations;
- Dual-use goods requiring export licences under the UK Export Control Order 2008 or equivalent legislation in any applicable jurisdiction;
- Goods requiring import or export licences, permits, or authorisations that have not been obtained prior to shipment;
- Narcotics, controlled substances, weapons, firearms, ammunition, or explosive materials;
- Counterfeit, pirated, or intellectual property-infringing goods;
- Hazardous materials or dangerous goods classified under IATA DGR or IMDG Code, or perishable items requiring specialist handling not agreed in the Quote; or
- Goods the import, export, or transit of which is prohibited or restricted in the origin, transit, or destination country under any applicable law or regulation.
- Right to Suspend or Terminate. Where Carra Globe has reasonable grounds to believe the Consignment constitutes Prohibited Goods, or that the Client has misrepresented the nature of the Consignment, Carra Globe may immediately suspend or terminate the Services without liability. All Charges incurred to that point remain due and payable in full.
9. Liability and Insurance
- Client’s Insurance Responsibility. The Client is responsible for procuring adequate insurance for the Consignment to cover all risks of loss or damage at its full replacement value for all stages of transit, including customs clearance periods and warehouse storage. Carra Globe provides no such insurance unless explicitly requested in writing and confirmed at the Client’s expense. Third party insurance conditions will apply in the case of any claims, which the Client accepts.
- Exclusion of Indirect Loss. The Company shall not be liable under any circumstances for any indirect, consequential, or special losses, including but not limited to:
- Loss of profits or loss of market;
- Loss of revenue or loss of business opportunity;
- Loss of anticipated savings or loss of goodwill; or
- Reputational damage of any kind.
- Limitation of Liability. The total liability of Carra Globe for any and all claims arising from the Services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be strictly limited to direct losses resulting from the Company’s gross negligence or wilful misconduct. Such liability shall be limited to the lesser of:
- The actual value of the Consignment lost or damaged;
- The amount stipulated by any applicable international convention such as the CMR Convention;
- The total Charges paid by the Client for the specific Service giving rise to the claim; or
Import duties, taxes, and fiscal charges advanced by Carra Globe on the Client’s behalf are not included in the calculation of the liability cap under any circumstances, even where service fees are used as the basis for the calculation.
- Indemnification. The Client agrees to indemnify, defend, and hold harmless Carra Globe, its employees, agents, subcontractors, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:
- Damage to the Consignment resulting from the Client’s failure to provide accurate or complete information, instructions, or proper packaging;
- Third-party claims resulting from the Consignment or its transport, including claims related to product liability, intellectual property rights, or compliance with applicable laws and regulations;
- Any actions or omissions by the Client that directly or indirectly cause loss or damage during the performance of the Services; or
- The Client’s breach of any representation, warranty, or obligation under these Conditions.
Where any third party brings a claim against Carra Globe related to the Consignment or the Services, the Client shall indemnify Carra Globe for any resulting damages, liabilities, or costs. Carra Globe shall promptly notify the Client of any such third-party claim, allowing the Client to participate in its defence at the Client’s own expense.
- Unavoidable Events. The Company shall not be liable for any loss, damage, or delay arising from circumstances it could not reasonably have foreseen or the consequences of which it could not reasonably have avoided.
- Mandatory Exceptions. Nothing in these Conditions excludes or limits Carra Globe’s liability for death or personal injury caused by Carra Globe’s negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be lawfully excluded or limited under the laws of England and Wales.
- Mitigation. The Client must take all reasonable steps to mitigate its losses. Carra Globe shall not be liable for losses that the Client could reasonably have avoided through timely action.
10. Company Lien and Power of Sale
- Right of Retention. Carra Globe shall have a general lien over any Consignment and all related documents in its possession, custody, or control for any and all sums owed by the Client, whether related to the current Consignment or any previous business transacted between the parties.
- Power of Sale. If sums due remain unpaid after 7 days written notice to the Client, the Company shall be entitled to sell or otherwise dispose of the Consignment and apply the net proceeds to settle the outstanding debt and all associated costs of sale. The Client shall be responsible for any charges incurred by a third-party debt collector in connection with the recovery of outstanding sums. Any surplus proceeds after settlement of all outstanding sums shall be returned to the Client.
11. Claims and Time Limits
- Inspection upon Delivery. The Client or its designated recipient must inspect the Consignment upon delivery. Any visible damage, shortage, or discrepancy must be noted in writing on the delivery document at the time of receipt. The Client must retain photographic evidence of any damage noted at delivery.
- Time Bar for Claims. Any claim against Carra Globe for loss or damage must be made in writing and received by the Company at the time of delivering the Consignment, on the date of delivery. Any claim not made and notified immediately upon delivery shall be deemed waived and absolutely barred, and Carra Globe shall have no liability in respect of it.
- Supporting Evidence. All claims must be submitted in writing to info@carraglobe.com and must include:
- The original delivery document with damage notation;
- Photographic evidence of the damage or loss;
- Commercial invoice and packing list; and
- A written description of the loss or damage claimed.
12. Force Majeure
- No Liability for Force Majeure. Neither party shall be in breach of these Conditions nor liable for any delay or failure in performance to the extent that such delay or failure results from a Force Majeure Event.
- Notification. Carra Globe will notify the Client as soon as reasonably practicable upon becoming aware of a Force Majeure Event affecting the Services and will provide updates on its expected duration and impact.
- Termination due to Extended Force Majeure. Where a Force Majeure Event continues for more than 90 consecutive days, either party may terminate the affected Services on written notice. In such circumstances, the Client shall pay all Charges for Services performed to the date of termination and all costs reasonably and properly incurred by Carra Globe that cannot be recovered from carriers, subcontractors, or insurers.
13. Non-Solicitation
- Prohibition on Direct Engagement. The Client undertakes that during the course of the Agreement and for a period of 24 months following its termination or expiry, it will not circumvent the Company by directly or indirectly soliciting, engaging, or contracting with any carrier, employee, subcontractor, customs broker, in-country agent, or third-party partner that was introduced to it by Carra Globe in the course of performing the Services, for the purpose of obtaining services similar to those provided under the Agreement.
- Confidentiality of Partner Information. The Client shall treat all information relating to Carra Globe’s partner network, subcontractors, and agents as strictly confidential and shall not disclose such information to any third party or use it for any purpose other than those necessary for the performance of the Agreement, unless otherwise explicitly agreed in writing.
- Consequences of Breach. In the event of a breach of this Clause, the Client agrees to compensate Carra Globe for all direct and indirect damages arising from such breach, including:
- Loss of business opportunities;
- Reputational harm; and
- Legal fees incurred as a result of the breach.
Carra Globe reserves the right to seek injunctive relief to prevent further breaches in addition to any other available remedies.
14. Confidentiality
- Obligation of Confidence. Each party agrees to hold the other party’s confidential information in strict confidence and not to disclose it to any third party without prior written consent, except:
- Where disclosure is required by applicable law, court order, or regulatory authority;
- Where disclosure is necessary to perform the Services on a strictly need-to-know basis;
- Where the information has entered the public domain through no fault of the receiving party; or
- Where the information was already in the possession of the receiving party prior to disclosure, as evidenced by written records.
- Scope of Confidential Information. Confidential information includes without limitation: pricing, client and supplier details, shipment and cargo information, trade compliance procedures, partner network details, business strategies, and all commercially sensitive information received from the other party in connection with the Agreement.
- Duration. Confidentiality obligations shall survive termination of the Agreement for a period of five years from the date of termination.
15. Data Protection
- Compliance with Data Protection Law. Each party shall comply with its respective obligations under the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 in connection with any personal data processed in performing the Services.
- Client’s Responsibility. The Client confirms that it has all necessary consents and lawful bases to provide personal data relating to third parties (including consignees and end users) to the Company for the purposes of performing the Services.
- Data Processing Agreement. Where Carra Globe processes personal data on behalf of the Client in the capacity of a data processor, the parties shall enter into a formal Data Processing Agreement setting out the subject matter, duration, nature, and purpose of the processing.
- Privacy Policy. For full details of how Carra Globe collects, uses, and protects personal data, please refer to our Privacy Policy at https://carraglobe.com/privacy-policy/.
16. Intellectual Property
- Ownership. All intellectual property rights in systems, methodologies, tools, templates, compliance frameworks, documents, and materials created or used by Carra Globe in performing the Services remain the exclusive property of Carra Globe. Nothing in these Conditions transfers any intellectual property rights to the Client.
- Licence from Client. The Client grants Carra Globe a non-exclusive, royalty-free licence to use any materials, data, documents, and information provided by the Client solely for the purpose of performing the Services under the Agreement.
17. Termination
- Termination for Convenience. Either party may terminate an Agreement by giving 30 days written notice to the other party, provided that Services have not yet commenced. On termination, the Client shall pay all Charges for Services performed and all costs committed prior to the effective termination date.
- No Early Termination After Commencement. Once the Services have commenced, neither party may terminate, stop, or cancel the assignment before its completion, except in cases of Force Majeure as defined in Clause 12, or by mutual written agreement of both parties. Any unilateral attempt by the Client to stop or cancel the assignment after commencement will result in full liability for all costs incurred, including but not limited to:
- Service fees and administrative costs;
- Duties and taxes advanced on the Client’s behalf; and
- Any damages arising from the early termination.
- Cancellation Before Commencement. Either party may cancel the assignment before the commencement of Services. However, if Carra Globe has reasonably incurred costs in preparation for the execution of the assignment, including but not limited to booking of carriers, reservation of warehouse space, advance payments to third parties, or administrative preparation, these costs must be reimbursed by the Client. Carra Globe shall provide the Client with an itemised statement of preparatory costs incurred upon request. The Client’s obligation to reimburse preparatory costs does not apply if the cancellation is due to a material breach by Carra Globe.
- Termination for Cause. Either party may terminate an Agreement immediately on written notice if the other party:
- Commits a material breach of these Conditions and fails to remedy it within 14 days of written notice requiring remedy;
- Becomes insolvent, enters administration, receivership, liquidation, or any analogous insolvency proceedings; or
- Ceases or announces an intention to cease trading.
- Carra Globe’s Right to Suspend or Terminate. Carra Globe may suspend or terminate Services immediately without liability to the Client if:
- The Client fails to pay any sum due and fails to remedy such failure within 7 days of written notice;
- Carra Globe has reasonable grounds to believe the Consignment constitutes Prohibited Goods; or
- Continuing the Services would cause Carra Globe to breach any applicable law, sanction, export control, or regulatory requirement.
- Consequences of Termination. Termination shall not affect any accrued rights or remedies of either party. All outstanding Charges become immediately due and payable upon termination. The Client must arrange for the collection of any Consignment held by the Company within 7 days of termination. Failure to do so may result in additional storage fees or disposal of the Consignment at the Client’s expense.
- Survival of Terms. The following provisions shall survive termination of the Agreement and remain in full force: Clause 9 (Liability and Insurance), Clause 10 (Company Lien and Power of Sale), Clause 13 (Non-Solicitation), Clause 14 (Confidentiality), Clause 15 (Data Protection), Clause 16 (Intellectual Property), and all payment obligations accrued prior to termination.
18. Dispute Resolution
- Good Faith Negotiation. In the event of any dispute, the parties shall first seek resolution through good faith negotiation between senior representatives within 20 Working Days of one party serving written notice of the dispute on the other.
- Mediation. If the dispute is not resolved through negotiation within that period, either party may refer the matter to mediation through the Centre for Effective Dispute Resolution (CEDR) or such other mediator as the parties may agree. Mediation costs shall be shared equally unless otherwise agreed.
- Litigation. If mediation fails to resolve the dispute within 30 days of the mediator’s appointment, either party may pursue resolution through the courts in accordance with Clause 19.
- Injunctive Relief. Nothing in this Clause prevents either party from seeking urgent injunctive or interim relief from a court of competent jurisdiction at any time.
19. Governing Law
- Governing Law. These Conditions and all Agreements formed under them are governed exclusively by the laws of England and Wales.
- Jurisdiction. The parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute or claim arising out of or in connection with these Conditions or any Agreement, save that Carra Globe reserves the right to seek injunctive or interim relief, or to pursue enforcement or collection proceedings, in any jurisdiction where the Client is domiciled or where the Client’s assets may be located.
20. Notices
- Written Notices. All formal notices under these Conditions must be in writing and delivered by email to the addresses set out in the Agreement, or where no Agreement has been executed, to info@carraglobe.com for Carra Globe and the email address provided by the Client in their Order or correspondence.
- Postal Address. All communications to Carra Globe in connection with these Conditions shall be addressed to the attention of the senior management team at Carra Globe Ltd, Baylis Business Centre, Stoke Poges Lane, Slough, England, SL1 3PB.
- Receipt of Notices. Email notices shall be deemed received on the next Working Day following successful transmission, provided no delivery failure notification is received by the sender.
21. General Provisions
- Entire Agreement. These Conditions, together with any applicable Quote and written service agreement, constitute the entire agreement between the parties in respect of the Services and supersede all prior representations, correspondence, negotiations, and agreements.
- Severability. If any provision of these Conditions is held by a court to be invalid, unlawful, or unenforceable, that provision shall be severed and the remaining provisions shall continue in full force and effect without modification.
- Waiver. No failure or delay by either party in exercising any right or remedy under these Conditions shall constitute a waiver of that right or remedy. A waiver of one breach does not constitute a waiver of any subsequent or continuing breach.
- Assignment. The Client may not assign, novate, transfer, or subcontract any rights or obligations under these Conditions without Carra Globe’s prior written consent. Carra Globe may assign or novate its rights and obligations without restriction, including in the context of a corporate reorganisation or business transfer. These Conditions shall be binding upon and for the benefit of the parties, their successors, and any permitted assigns.
- Third Party Rights. These Conditions do not confer any rights on any third party under the Contracts (Rights of Third Parties) Act 1999.
- Amendments. Carra Globe reserves the right to amend these Conditions at any time. Where amendments are made, Carra Globe will notify the Client in writing at least 15 calendar days before the changes take effect. If the Client does not agree with the proposed amendments, they must notify Carra Globe in writing within 14 calendar days of receiving notification. Failure to object within this period will constitute acceptance of the revised Conditions. The version published at https://carraglobe.com/terms-of-condition/ at the date an Order is placed shall govern that Order.
- Relationship of Parties. Nothing in these Conditions creates a partnership, joint venture, agency, employment, or franchise relationship between Carra Globe and the Client.
- Language. These Conditions are drawn up in English. If they are translated into any other language, the English version shall prevail in the event of any discrepancy or inconsistency between versions.
- Counterparts and Electronic Signatures. These Conditions and any Agreement may be executed in two or more counterparts, each of which shall be binding. Any electronic signature or electronically transmitted copy of a signature shall be deemed an original and shall constitute a legal, valid, and binding execution.
22. Contact
- Contact Details. All enquiries relating to these Terms and Conditions of Service should be directed to:
Carra Globe Ltd
Baylis Business Centre, Stoke Poges Lane
Slough, England, SL1 3PB
United Kingdom
Email: info@carraglobe.com
Website: https://carraglobe.com
Phone (UK): +44 7748 533273
Phone (US): +1 (786) 9360 405
These Terms and Conditions of Service are governed by the laws of England and Wales and have been prepared in accordance with applicable UK commercial law, including the Late Payment of Commercial Debts (Interest) Act 1998, the Contracts (Rights of Third Parties) Act 1999, the Supply of Goods and Services Act 1982, the UK Export Control Order 2008, the Limitation Act 1980, the CMR Convention on the Contract for the International Carriage of Goods by Road, and the Companies Act 2006.
Document Reference: CG-TC-V1-29.09.24