Questions & Answers
Shipping contract dispute: Importance of 'entire agreement clause'
Hi,
I have a contract with a moving company to ship my possessions from Abu Dhabi to Melbourne. The moving service is paid in full. There are storage charges of approx AED1200 pending and this is no issue for me to pay.
I raised a query about reassembly of furniture at the destination, the contract contradicted verbal advice so before signing the contract I crossed out the parts saying that I do not receive reassembly of my furniture at the destination and highlighted this to the moving company - they did not dispute this.
The company have now refused reassembly service so I suggested we remediate the issue by reducing the amount owed for storage fees, as I will need to hire a contractor at the destination to assemble the furniture. Now the moving company is holding my shipment until I pay the storage fees, AND are refusing to approve reassembly service.
What are my options?
Thank you
Dear Sir,
Many thanks for your query. Your question and the circumstances have an impact on a particular contractual clause that is typically seen in most business contracts. It is known as the "entire agreement clause".
Please have a look again at the business terms you signed and search for this clause. Essentially, it says what you sign and the contents of the contract/agreement forms the entire understanding and contract between you and the shippers and any oral agreements or statements made before or after signing will be excluded.
If the fee quote was presented to you without the shippers editing their business terms or invoice to include the reassembly aspects of the service, signed by both of you, then that service will be excluded. It is, however, possible to present a case if the additional terms were included after you signed and you wish to rely on them. It, however, entail you going to court in the country that has jurisdiction over the contract (in this case the UAE) to enforce your rights.
It appears that you edited the shipping contracts yourself. If the edited text was not signed up to and initialled by the shippers, as an indication of their agreement to the change in business terms, you will have a problem relying on those changes.
Hope the above information is useful.
