1.- Introduction
These terms and conditions ("Terms") govern the use of collection services ("Services") provided by DCS Demurrage Collection Service Inc ("Collector") to users ("Users") for the collection of container charges on behalf of carriers ("Carriers"). By using the Services, Users agree to be bound by these Terms.
2. Services Provided
2.1 The Collector provides collection services to Users for container charges due to Carriers.
2.2 The Collector acts on behalf of the Carriers to collect due and payable charges from Users.
3. User Responsibilities
3.1 Users must provide accurate and complete information to facilitate the collection of charges, including but not limited to contact information, invoice details, and payment terms.
3.2 Users agree to pay the charges as specified in the invoices provided by the Carrier.
3.3 Users must promptly notify the Collector of any changes in contact information or other relevant details.
4. Payment Terms
4.1 Users agree to make payments to the Collector as per the payment terms specified in the invoices.
4.2 The Collector will process payments and remit the collected amounts to the Carriers, less any applicable fees.
4.3 Late payments may be subject to interest and/or additional fees as specified by the Carrier.
5. Collection Process
5.1 The Collector will use commercially reasonable efforts to collect the charges from Users.
5.2 Users will receive regular statements of account and collection status updates from the Collector.
6. Dispute Resolution
6.1 Users must notify the Collector in writing of any disputes regarding the charges within [30] days of receipt of the invoice.
6.2 The Collector will facilitate communication between the User and the Carrier to resolve disputes.
6.3 Users agree to cooperate in good faith to resolve any disputes promptly.
7. Confidentiality
7.1 The Collector agrees to keep confidential all information received from Users and to use such information solely for the purpose of providing the Services.
7.2 This confidentiality obligation shall survive the termination of these Terms.
8. Limitation of Liability
8.1 The Collector shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the Services.
8.2 The Collector's total liability to Users for any claim arising out of or relating to the Services shall not exceed the amount of fees paid by the User to the Collector for the Services in the [three/six/twelve] months preceding the event giving rise to the claim.
8. Limitation of Liability
8.1 The Collector shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the Services.
8.2 The Collector's total liability to Users for any claim arising out of or relating to the Services shall not exceed the amount of fees paid by the User to the Collector for the Services in the [three/six/twelve] months preceding the event giving rise to the claim.
By using the Services, Users acknowledge that they have read, understood, and agree to be bound by these Terms and Conditions.