Definitions and nomenclature:

“Transportation” means all or part of the transportation, loading, unloading, handling and all other services performed by the Carrier in connection with the Goods and their transportation.

Containers and transport crates: a “container” includes any container (including an open or top closed container), flat shelf, platform, trailer, transportable tank, pallet or other similar material used to combine goods and any connected equipment.

“Shipping” includes: all charges payable to the carrier according to the applicable tariff and this waybill, and according to Turkish law, including taxes and other charges, and according to our company’s pricing system.

“Freight” means all or part of the shipment and any packaging accepted by the shipper and includes any container not provided by or on behalf of the carrier.

The term “owner” means: any person who is currently in possession of this bill of lading or who has been transferred or granted rights of claim or liability under this bill of lading.

The term “trader” includes: the consignor, the owner, the consignee, the consignee of the goods, any person who owns or has the right to possess the goods or this consignment note, and any person acting on behalf of that person .

A “person” includes: a natural person, company or other legal entity.

“Subcontractor” includes: shipowners (other than the carrier), stevedores, terminal and assembly operators, road and rail transport operators, warehouse workers, any independent contractors employed by the carrier carrying out the transport or whose services or equipment are available have been used for transport and all direct or indirect subcontractors, employees and agents, whether in the direct contractual framework or not.

“General Conditions” means all terms, rights, payments, terms, conditions, exclusions, restrictions and freedoms contained in this Act of the Turkish Transport Law.

“Vessel” means any craft used for carriage under this bill of lading, which may be a supply vessel or a seagoing vessel.

 

 

 

 

Bill of lading:

The consignment note is considered non-negotiable and the sender acknowledges that it has been prepared by the sender or by MEGT on behalf of the sender, and the sender guarantees that he still owns the goods transported in accordance with to this document or that he is the agent of any other person having an interest in the shipment.

 

 

Sender’s Obligations and Representations:

The sender agrees and warrants the following:

That each item in the shipment is described in detail and correctly in the consignment note.

The shipment (shipment) must not contain materials considered non-transportable.

That the data of the shipment (shipment) has been clearly and correctly indicated and detailed and that the shipment has been securely packaged, packaged and sent to ensure safe transportation with care and normal handling.

Shipper understands and agrees that MEGT Transportation and Logistics Services Company may waive or abandon any Shipment or any portion thereof sent by Shipper when MEGT determines and declares that it is unacceptable or that Shipper has reduced the value for customs purposes or made an error in the description, whether internationally or not, without being exposed to any liability whatsoever and which the sender maintains and defends and MEGT remains safe any claim or damage arising therefrom.

The sender is solely responsible for all costs and expenses, including but not limited to income tax, customs duties or any other taxes or charges related to the shipment (shipping) and any costs or expenses incurred in returning the shipment to the sender, including the posting, storage or disposal thereof in any manner.

Sender understands and agrees that MEGT reserves the right, at its discretion, to send the shipment through its agents or through a third party engaged with MEGT to perform the required service.

 

 

 

 

The right to inspect and inspect the shipment:

MEGT reserves the right to inspect or inspect any shipment (shipment), but is not obligated to do so.

If she does so, she is authorized to open the shipment and examine any objects/materials inside.

In such event, MEGT will use reasonable care but will not be responsible for any damage to the shipment and will not be liable for any delays resulting from such inspection.

 

Seizure of transported goods:

MEGT reserves the right to seize all goods transported for all shipping charges in accordance with this document and may refuse to deliver the shipment until such due charges are paid.

 

 

If the carrier does not pack the container himself, the following provisions apply:

This waybill should only be a receipt for this container.

Carrier will not be liable for loss or damage to Contents and Merchant will indemnify Carrier for any injury, loss, damage, liability or expense of any kind incurred by Carrier if such loss or damage to content, any such injury, loss, damage, liability or expense is caused by a matter beyond its reasonable control, such as:

(A) Container packaging method is not suitable.

1. B) the unsuitability of the goods for containerized transport.
2. C) the unsuitability of the container or its defective condition.

(D) improper adjustment of any thermostatic, ventilation or other special control, provided that if the container is supplied by the carrier, it is possible that such inadequate or defective condition will be apparent upon inspection reasonable by the trader at or before the time of packing the container.

The merchant is responsible for packing and sealing all containers packed by the shipper, and in the event that the container packed by the shipper is delivered with an intact original seal, the carrier will not be responsible for any shortage of goods checked on delivery.

The shipper must inspect the containers before packing them and the use of the containers must be prima facie evidence that they are intact and in good working order.

 

Shipping, Charges and Fees:

Full shipping costs must be paid based on details provided by or on behalf of the shipper

The carrier may at any time open the goods or containers (containers) and if the shipper’s details are incorrect, the merchant and the goods will be responsible for the correct shipment and for any costs incurred in inspecting, weighing, measuring or evaluating the goods.

 

All amounts payable to the carrier are due on demand and shall be paid in full in local currency or dollars, or at the carrier’s option in the equivalent currency of the port of loading or unloading, place of receipt, delivery or as specified in the carrier’s rate.

The merchant’s attention is drawn to the conditions regarding the currency in which freight is paid, the exchange rate, devaluation, additional insurance premium and other possible possibilities related to shipping in the applicable rate.

In the event of a conflict between shipping items (including charges, etc.) in the waybill and any carrier invoices, the carrier shall prevail.

All shipments without compensation, counterclaim, discount or suspension of performance must be paid for at the latest before delivery of the goods.

If Merchant fails to pay freight when due, Merchant will also be responsible for payment of service charges and interest due on unpaid attorney fees or overdue amounts and costs incurred in collecting amounts owed to Carrier. .

Payment of freight and charges to a freight forwarder, broker or any other person other than the carrier or its authorized agent is not considered payment to the carrier and is made at the sole responsibility of the merchant.

16.7 although the carrier accepts instructions for the collection of freight, duties, fees, late/booking penalties, costs and expenses from the shipper, consignee or any other person, in the absence of proof payment (for whatever reason) by such sender, recipient or any other person when due, the merchant remains responsible for payment of such shipments, fees and late penalties.

 

Laws related to the mode of transportation in the shipping company:

The carrier may at any time and without notifying the merchant the following:

Use any means of transport or storage.

The transfer of goods from one mode of transport to another, including its carriage or transfer on board a vessel other than that mentioned on the back of this document or by any other means of transport, and although the transfer or shipment of goods may not be provided for herein.

Unload and remove the goods packed in a container and send them via container or any other way.

Sail and take any route (whether the nearest direct, familiar, announced or unannounced route) at any speed and continue and return and stay at any port or place ( including the port of loading) provided for herein one or more times, in any order on or off the road or in the direction opposite to or out of the port of discharge.

Loading and unloading of goods at any place or port (whether a port is named on the reverse side of this document as port of loading or port of discharge) and storage of goods at any port or place.

Comply with any order or recommendation issued by any government or authority or any person or body acting as if acting on behalf of that government or authority or having the right, under the terms of insurance of any means of transport used by the carrier, to give orders or instructions.

 

 

Issues affecting performance and damaging load transfer:

If at any time the carriage is affected or is likely to be affected by any obstacle, danger, delay, difficulty or defect of any nature whatsoever and anything that happens which cannot be avoided by exercise reasonable efforts, (notwithstanding the circumstances which led to such obstacle, risk, danger, delay, difficulty or defect existed at the time of the conclusion of this contract or the receipt of the goods for carriage) the carrier:

Transportation of the goods to the port of unloading or the place of delivery under contract, by an alternative to that indicated in this consignment note or to the usual route of the goods sent to the port of unloading or the place of delivery.

If this occurs and the cost is higher, the carrier has the right to charge additional transportation costs that it may specify.

Suspend the carriage and storage of the Goods on land or afloat under these Terms and Conditions and endeavor to reroute them as soon as possible, but the Carrier makes no representation regarding the maximum suspension period.

Abandon the carriage of the goods and place them at the disposal of the Merchant at any place or port which the carrier deems safe and convenient, whereupon the liability of the carrier with respect to such goods shall terminate.

The carrier has the right to receive full freight for goods received for transportation, and the merchant must pay all charges.

In the event of transport of dangerous, radioactive or flammable goods and the carrier has not been informed and the containers have not been marked and any of these goods have been handed over to the carrier without obtaining his consent or without marking them, or if, in the opinion of the carrier, the goods are of a dangerous, noxious, dangerous, flammable or noxious nature, they may at any time and in any place be unloaded, destroyed, disposed of, abandoned or deactivated without compensation for the merchant and without prejudice to the carrier’s right to freight.

The trader guarantees that these goods are packaged appropriately to withstand the risks of Transport taking into account their nature and in compliance with all laws, regulations or requirements which may be applicable to transport.

The merchant will indemnify the carrier for any claims, liabilities, losses, damages, delays, costs, fines or expenses arising from the carriage of such goods or arising from the breach of any of the guarantees contained in the contract of carriage entered into between them, whether the merchant is aware of the nature of these goods or not.

Nothing in this clause shall deprive the carrier of any of its rights set out elsewhere.

 

 

Notification, unloading and delivery:

Any mention in this consignment note of the parties to be notified of the arrival of the goods is for the information of the carrier only.

Failure to provide such notice shall not give rise to any liability on the part of the carrier or relieve the Merchant of any obligation under this contract.

The merchant must receive the merchandise within the time limits stipulated by the tariff established by the carrier.

If the trader fails to do so, the carrier may without notice unload the goods if they are packed in containers, store the goods on land, in an open place or under cover under the sole responsibility of the trader.

Such storage shall constitute delivery due under this Contract and, accordingly, all responsibilities of the carrier in respect of the goods or such part thereof shall cease, and the costs of such storage shall be immediately paid by the merchant.

If the carrier is required to discharge the goods into the hands of any customs, port or other authority, such discharge represents due delivery of the goods to the merchant under this bill of lading.

If the goods are not claimed within a reasonable time or at any time the carrier considers it likely that the goods will deteriorate, deteriorate, become worthless or incur costs either for storage or in excess of their value, the carrier may at its discretion and without prejudice to any other rights it may have against the trader, without notice and without any liability associated with it sell, abandon or otherwise dispose of the goods at the sole cost of the trader and at its expense and apply any product of the sale to reduce the amounts owed to the carrier by the merchant.

Refusal of the Merchant to take delivery of the Goods in accordance with the terms of this clause and/or mitigation of any loss or damage caused to them constitutes a waiver by the Merchant to the Carrier of any claim of whatever nature relating to the Goods. or transportation.

In the event that anything contained in this Agreement is not in accordance with an international agreement or the applicable Turkish Transport Law, from which it cannot be deviated by a special contract, the provisions of this Agreement shall be within the limits of this Law, or be agreed in a manner that is not contrary to international or Turkish law.

 

Limitation of liability in the event of direct loss:

Direct loss means destruction or permanent disappearance of the consignment (shipment) or any part thereof when in the custody/custody of MEGT or its agents and the consignment includes the delivered goods to MEGT and indicated under the consignment note.

 

MEGT shall not be liable for indirect losses, which means any loss or damage other than direct loss suffered or alleged to be suffered by the sender or any other person as a result of the transmission of the shipment by MEGT, its employees, agents or following the violation by MEGT, its employees or agents of the transmission contract.

 

Exclusion of liability in the event of delay:

The merchant undertakes not to provide in writing everything necessary for the transport of any goods requiring refrigeration, ventilation or other specialized attention in nature, the required temperature, any other adjustment of thermostats, ventilation or any other control special.

If the above requirements are not complied with, the carrier will not be responsible for any loss or damage to the goods, howsoever caused.

The carrier will not be responsible for any loss or damage to the cargo resulting from latent defects, misalignment, breakdown, defrosting, interruption of cooling, ventilation or other machinery, installation, insulation or other specialized device of the container, vessel, conveyance and any other facility, provided that the carrier before and at the beginning of the transportation process uses reasonable care to maintain the container provided by the carrier in an efficient condition .

Carrier has the right, but no obligation, to open or scan any package or container at any time and inspect its contents. If it appears at any time that the goods cannot be transported or transported safely or properly.

The carrier may, without notice to the merchant (but only as its agent), take reasonable additional measures or incur additional expenses for the transportation, sale or disposal of the goods, abandonment of transportation or storage at land, under cover or in the open air, in any place, as the carrier, in its sole discretion, deems most appropriate, which is the sale, disposal, abandonment or storage shall be considered as delivery of rights under this bill of lading, and the merchant will indemnify the carrier for all reasonable additional expenses incurred in this respect in perishable or other goods.

This waybill shall constitute prima facie evidence of receipt by the carrier in good condition and order, unless otherwise stated, of the total number of containers, packages or other units shown in the box labeled “received from carrier” on the reverse side. here.

The Shipper warrants to the Carrier that the details relating to the Goods appearing on the reverse side of this Contract have been verified by the Shipper upon receipt of this Bill of Lading and that these details and any other details furnished by or on behalf of the Shipper, are sufficient and correct.

The shipper also warrants that the goods are legitimate goods and do not contain contraband, drugs, other illegal substances or stowaways, and that the goods will not cause loss, damage or expense to the carrier or to any other cargo.

The carrier may, without notice to the merchant (but only as its agent), take reasonable measures or incur additional costs for the further transportation of such goods, their sale, their disposal, abandonment of transport or storage on land, under cover or in the open, in any place, as the carrier, in its sole discretion, deems most appropriate, which is the sale, disposal, abandonment or storage shall be considered as a delivery of rights under this bill of lading, and the merchant will indemnify the carrier for all reasonable additional expenses incurred in connection therewith in perishable or illegal goods.

Merchant complies with all regulations or requirements of customs, ports and other authorities, bears and pays all duties, taxes, fines, returns, expenses or losses incurred or suffered by it due to any failure to do so, or due of any illegal, incorrect or improper declaration, marking, numbering or handling of the goods, and the carrier must be indemnified in this regard.

Goods (goods not stored in containers) which are herein specified to be carried on deck and livestock, whether carried on deck or not, are carried without liability on the part of the carrier for any loss or damage of any nature whatsoever.

If containers provided by or on behalf of the carrier are unloaded by or for the Merchant, the Merchant is responsible for returning the containers empty, with clean interiors, free of odor and in the same condition as you received them, to the point or to location specified by the carrier, within the time limit.

In the event that the container is not returned in the required condition or within the time specified in the price list, the merchant is responsible for any retention, loss or costs incurred as a result.

Delay Liability means any delay in the receipt, transfer or delivery of any shipment or any misdelivery or non-delivery of any shipment due to:

Conduct or Negligence of MEGT Employees or Agents.

An accident of justice and destiny.

Force majeure, including, but not limited to, industrial or political trends, kidnappings, war or threat of war, actions of foreign governments and any other reasons beyond the control of MEGT)).

The act, breach or negligence of the sender, recipient or any other party claiming a personal interest in the shipment, including any violation of any term of this document, or of any person of MEGT, of any customs agent or government employee, with postal services, shipping agent or other person to whom the shipment is submitted by MEGT for transportation to a location that MEGT’s services do not reach, whether based on the sender’s request or knowledge of third party delivery arrangements

The nature of the transmission itself or any defect, feature or defect therein.

 

Claims:

MEGT must be notified in writing of any claim within fifteen (15) days from the delivery date stated in the contract and MEGT reserves the right to refuse to accept any claim which is not reported, MEGT will not is in no event responsible for accepting any claim unless the shipper has paid all charges due to MEGT under this Agreement and the shipper may not offset any amount of its claim for such charges.

 

Prohibited and perishable items:

Unless expressly authorized in writing by an employee authorized by MEGT), the following objects are prohibited from transport (currencies, stamps, works of art, jewelry, precious metals, precious stones, gold or silver bars, weapons Fire and Explosives, bank checks, payment orders, traveler’s checks, antiques, plants, animals, medicines and drugs, foods, liquid substances, tobacco, perishable goods, commercial papers negotiable in the form of bearer security, obscene or pornographic pornography , industrial boxes and diamonds, prohibited accepted by the International Transport Union including materials Hazardous and flammable materials prohibited by any federal or local government official of any country or region from or through the shipment to be transported, any other material reported from from time to time by MEGT)) as prohibited substances.

The merchant agrees to provide in writing everything necessary for the transportation of any goods requiring refrigeration, ventilation or other specialized attention in nature and the required temperature or any other adjustment of thermostats, ventilation or any other special control.

If the above requirements are not complied with, the carrier will not be responsible for any loss or damage to the goods, howsoever caused.

The carrier will not be responsible for any loss or damage to the cargo resulting from latent defects, misalignment, breakdown, defrosting, interruption of cooling, ventilation or other machinery, installation, insulation or other specialized device of the container, vessel, conveyance and any other facility, provided that the carrier before and at the beginning of the transportation process uses reasonable care to maintain the container provided by the carrier in an efficient condition .

Carrier has the right, but no obligation, to open or scan any package or container at any time and inspect its contents. If at any time it becomes apparent that the goods cannot be carried or transported safely or properly.

The Carrier may, without notice to the Merchant (but only as its agent), take reasonable additional measures or incur additional expenses for the transportation, sale or disposal of the Goods, abandonment of transportation or storage at land, under cover or in the open air, in any place, as the carrier, in its sole discretion, deems most appropriate, which is the sale, disposal, abandonment or storage shall be considered as delivery of rights under this bill of lading, and the merchant will indemnify the carrier for all reasonable additional expenses incurred in this respect in perishable or other goods.

This waybill shall constitute prima facie evidence of receipt by the carrier in good condition and order, unless otherwise stated, of the total number of containers, packages or other units shown in the box labeled “received from carrier” on the reverse side. here.

The Shipper warrants to the Carrier that the details relating to the Goods appearing on the reverse side of this Contract have been verified by the Shipper upon receipt of this Bill of Lading and that these details and any other details furnished by or on behalf of the Shipper, are sufficient and correct.

The shipper also warrants that the goods are legitimate goods and do not contain contraband, drugs, other illegal substances or stowaways, and that the goods will not cause loss, damage or expense to the carrier or to any other cargo.

The carrier may, without notice to the merchant (but only as its agent), take reasonable measures or incur additional costs for the further transportation of such goods, their sale, their disposal, abandonment of transport or storage on land, under cover or in the open, in any place, as the carrier, in its sole discretion, deems most appropriate, which is the sale, disposal, abandonment or storage shall be considered as a delivery of rights under this bill of lading, and the merchant will indemnify the carrier for all reasonable additional expenses incurred in connection therewith in perishable or illegal goods.

Merchant complies with all regulations or requirements of customs, ports and other authorities, bears and pays all duties, taxes, fines, returns, expenses or losses incurred or suffered by it due to any failure to do so, or due of any illegal, incorrect or improper declaration, marking, numbering or handling of the goods, and the carrier must be indemnified in this regard.

Goods (goods not stored in containers) which are herein specified to be carried on deck and livestock, whether carried on deck or not, are carried without liability on the part of the carrier for any loss or damage of any nature whatsoever.

If containers provided by or on behalf of the carrier are unloaded by or for the Merchant, the Merchant is responsible for returning the containers empty, with clean interiors, free of odor and in the same condition as you received them, to the point or to location specified by the carrier, within the time limit.

In the event that the container is not returned in the required condition or within the time specified in the price list, the merchant is responsible for any retention, loss or costs incurred as a result.

 

 

Insurance:

Consignment insurance is the responsibility of the sender and he must notify MEGT in writing of his desire to insure the shipment against shipping risks before handing over the shipment to MEGT, on the nature and value of the shipment. goods and the extent of coverage required.it submits the required documents to be insured by the insurance companies and the liability for damage to the shipment during the shipping process is exclusively the responsibility of the company insurance.

 

Service contract conditions

Definitions:

The term “Agreement” means the cover page, the pricing schedules, the terms of this Service Agreement, all terms listed by assignment and any supplements to this Agreement which may be amended from time to time.

“MEGT” means the carrier and any other company or entity owned or controlled directly or indirectly and engaged in shipping, transportation and/or logistics services.

The term “trader” includes the consignor, owner, consignee, consignee of the goods, any person who owns or has the right to possess the goods or the relevant consignment note, and any person acting on behalf of that person .

“Shipper” means the party(ies) appearing as the shipper in any applicable transport document or shipping instructions and any person acting on behalf of such party(ies).

“Tariff” means the terms and conditions of Carrier’s applicable tariffs, freight rate increases applicable to the movement of any Goods, charges, surcharges, rules, obligations, allowances, regulations, provisions/additions or conditions), and any subsequent modifications of these, which are displayed here on our website or in a special place in our company, and can be obtained from the carrier on request.

“Term” means the duration of this Agreement, from the effective date indicated on the cover page until the expiration date indicated on the cover page.

“Transport Document” means the carrier’s bill of lading or sea waybill.

 

Carrier conditions for transport:

The transfer or price document cannot exceed the prices and costs stipulated on the cover page or the price sheet.

However, in the event that there is a clause in the transport document of the transport company which limits or governs its liability for damage to persons or property (including goods), delay, delivery error, any other condition of the transport document imposed by applicable law, or contradicts the contract, the transport document will prevail.

 

Shipping:

Additional prices, fees and expenses of any kind (“shipping”) are reflected in the applicable price list and tariff, if applicable.

Unless the cargo is specifically marked as fixed in the state tariff or the price list is floating, therefore it is not subject to change during the term, while all other cargoes may be subject to change in accordance with the terms and conditions of the applicable tariff in force on the date on which the carrying vessel is due to leave the port of loading.

Fees and invoice:

The shipper is required to pay the carrier the amounts required by the carrier’s contract or transport document upon receipt of the invoice.

The shipper should not request any other documents from the carrier before payment.

 

Commercial regulations:

Sender assumes responsibility for and warrants compliance with all applicable laws, rules and regulations, including but not limited to the export laws and government regulations of any country to, from or through which the goods can be transported, without restriction of the Comprehensive Economic and Trade Sanctions imposed by the European Union and the State of Turkey.

To the extent applicable, Shipper warrants that it has obtained all necessary export/re-export/import licenses or permits and that Carrier is not required to obtain any special license or permit in connection with performance of the carrier below.

Sender further warrants that it or any party associated with Sender is not on the Prohibited Persons List or any other list of prohibited or rejected parties maintained by the European Union, the State of Turkey or any other country, if applicable.

The shipper also warrants that the goods are not intended for use in the design, development or production of nuclear, chemical or biological weapons.

Shipper will indemnify and hold harmless Carrier to the fullest extent for any loss, damage, cost, expense or liability to Carrier, including lost profits, attorney’s fees and court costs for any failure or alleged failure of the sender to comply with applicable export and import laws and regulations of any country.

The carrier assumes no liability to the shipper or any other person for any loss or expense arising from the shipper’s failure to comply with applicable laws.

The shipper also warrants that the goods are not intended for use in the design, development or production of nuclear, chemical or biological weapons.

Shipper will indemnify and hold harmless Carrier to the fullest extent from any loss, damage, cost, expense or liability to Carrier, including lost profits, attorney’s fees and court costs for any failure or alleged failure of the sender to comply with applicable export and import laws and regulations of any country.

Confidentiality:

Unless required by law, at the request of a competent governmental entity, agency, court or judicial body subordinate to it, or as necessary to comply with governmental requirements, the terms and conditions of the contract may not be disclosed to third parties other than to subsidiaries which agree to be bound by the same confidentiality provisions.

The carrier may disclose to a third party the terms and conditions of the contract for the purposes of performance of the contract or the collection of accrued charges relating thereto, including, but not limited to, ocean freight, fines for delay and detention.

Disclosure of Confidential Information by individuals who were previously employed by the Carrier, after having worked with the Carrier, is not a violation of the Carrier’s confidentiality obligations above.

 

Abdication:

Sender may not waive the contract, including any or all of its rights, obligations or responsibilities under this contract, nor permit any other person or entity, directly or indirectly, to benefit from the services, prices or other terms. provided by the carrier under the contract, without the prior written consent of the carrier.

The carrier may assign or renew the contract, including all or part of its rights and/or obligations under this contract to any other company or entity of the “MEGT” group by providing public notice or informing the shipper of any another way.

 

Sender Approval:

Shipper hereby agrees that any breach of contract by Carrier will not result in any seizure or pledge of any vessel or other equipment owned, operated, leased or leased by Carrier, its affiliates or contracting parties.

Shipper hereby expressly and irrevocably waives any right it may have under law, equity or otherwise to stop or detain any vessel or other equipment.

 

Separability:

Any provision prohibited or unenforceable in any jurisdiction will not invalidate or render unenforceable any other provision of this Agreement.

 

 

Contract law:

The shipper and MEGT irrevocably agree to apply the laws of the Republic of Turkey to each item and exclusively subject to the individual jurisdiction of the Republic of Turkey.

These prior laws apply to shipping and customs clearance services.

These Terms and all related, arising or related non-contractual matters shall be governed by and construed in accordance with Turkish law, and the parties agree that the Turkish courts shall have exclusive jurisdiction to adjudicate any dispute arising out of these Terms and all matters not arising or related contractual agreements, except that the Company reserves the right to file a claim against the Customer in any other court of competent jurisdiction.