OCEAN BILL OF LADING TERMS AND CONDITIONS
"Vessel" means the intended Ocean Vessel named on the front hereof and any vessel, craft, lighter or other means of conveyance which is or shall be substituted in whole or in part by the Carrier and also includes any other Vessels onto which Goods may be loaded for the purpose of being transported thereon in furtherance of the carriage covered by this Bill of Lading or any part thereof.
“Carrier” means ShippingQuest acting as a non-vessel operating common carrier, as defined under the Shipping Act of 1984, 46 App. U.S.C. § 1702(17)(B).
"Merchant" includes any Person who at any time, in relation to the Goods, has been or becomes the shipper, consignor, consignee, exporter, importer, the holder of the Bill of Lading and/or the receiver or the owner of the Goods, any person entitled to possession of the Goods, any Person having a present or future interest in the Goods or any Person acting on behalf of any of the above- mentioned Persons, including a Factor.
"Container" includes container, flat, pallet and any other receptacle for Goods (excluding a ship, a rail or road vehicle or an aircraft but including a trailer towed or intended to be towed by a road vehicle) supplied or intended to be supplied by or on behalf of the carrier or the carriage of cargo.
"Charges" includes freight, demurrage, and all expenses and monetary obligations incurred and payable by the Merchant.
"Package" is the largest individual unit of partially or completely covered or contained cargo made up by or for the Merchant which is delivered and entrusted to Carrier, including palletized units and each container packed and sealed by the Merchant or on its behalf, although the Merchant may have furnished a description of the contents of such sealed container(s) on this bill of lading.
"Place of Receipt", "Intended Port of Loading", "Intended Port of Discharge" and "Intended Place of Delivery", means respectively the place of receipt, port of loading (ocean vessel), port of discharge (ocean vessel) and place of delivery nominated on the front hereof.
The term "Goods" means the whole or any part of the cargo described on the fact of this Bill of Lading and, if the cargo is packed into container(s) supplied or furnished by or on behalf of the Merchant, includes the container(s) as well.
2. CLAUSE PARAMOUNT: A. To and From non-United States Ports. As far as this Bill of Lading covers the Carriage of Goods by sea to and from non-United States ports by the Carrier and any Participating Carrier, the Contract evidenced in this Bill of Lading shall have effect subject to the Hague-Visby Rules, if and as enacted in the country of shipment and any legislation making those Rules compulsorily applicable to this Bill of Lading shall be deemed incorporated herein and made part of this Bill of Lading contract. When no such enactment is in force in the country of shipment, the Hague-Visby Rules will apply. The Hague-Visby Rules shall also govern before the Goods are loaded on and after they are discharged from the vessel and throughout the entire time the Goods are in the actual custody of the Carrier or Participating Carrier. The Hague-Visby Rules shall also apply to the Carriage of Goods by inland waterways and reference to carriage by sea in such Rules or legislation shall be deemed to include reference to inland waterways. B. To or From United States Ports. If the Carriage called for in this Bill of Lading is a shipment to or from the United States, the liability of the Carrier shall be exclusively determined pursuant to COGSA; the Pomerene Act [49 U.S.C. §80101 et. seq.] for both export and import cargo moving to/from the United States; and Article 7-301 of the Uniform Commercial Code. The provisions cited in the Hague Rules and COGSA shall also govern before the Goods are loaded on and after they are discharged from the Vessel and throughout the entire time the Goods are in the actual custody of the Carrier or Participating Carrier. C. Other Applicable Laws. The Carrier shall be entitled to (and nothing in this Bill of Lading shall operate to deprive or limit such entitlement) the full benefit of, and rights to, all limitation of and exclusions from liability and all rights conferred or authorized by any applicable law, statute or regulation of any country (including, but not limited to, where applicable, any provisions or sections 4281 to 4287, inclusive of the Harter Act of the United States of America and amendments thereto, and where applicable, any provisions of the laws of the United States of America) and without prejudice to the generality of the foregoing also any law, statute of regulation available to the Owner of the vessel on which the Goods are carried.
3. LIMITATION OF LIABILITY: Insofar as loss of or damage to or in connection with the Goods is caused during the part of the custody or carriage, such compensation shall be calculated as follows: A. Where the Hague-Visby Rules apply hereunder by national law by virtue of clause 2, the Carrier’s liability shall in no event exceed the amounts provided in the applicable national law.
B. Where Carriage includes Carriage to, from or through a port in the United States of America and US COGSA applies by virtue of clauses 2, Carrier shall not in any event be or become liable in an amount exceeding US$500 per Package or customary freight unit.
C. Where the British International Freight Association (BIFA) rules apply by virtue of clauses 2, Carrier’s compensation shall not exceed the limitation of liability of 2 SDR per kilo of the gross weight of any Goods lost or damaged by reference to the invoice value of the Goods plus Freight and insurance if paid. If there is no invoice value of the Goods or if any such invoice is not bona fide, such compensation shall be calculated by reference to the value of such Goods at the place and time they are delivered or should have been delivered to the Merchant. The value of the Goods shall be fixed according to the current market price, but
IF NO LIMITATION AMOUNT IS APPLICABLE UNDER ANY OF THE ABOVE RULES OR LEGISLATION, THE LIMITATION SHALL BE US$500 PER CONTAINER.
4. CARRIER'S RESPONSIBILITY: A. PORT TO PORT SHIPMENT: Except as otherwise provided herein, the Carrier's responsibility for Goods shall commence at the time when such Goods are received by the Carrier at the Port of Loading and shall terminate when such Goods are delivered by or on behalf of the Carrier at the intended Port of Discharge. Notwithstanding the above where the Space(s) entitled "Place of Receipt" and/or "Place of Delivery" on the face hereof are completed, the contract contained in or evidenced by this Bill of Lading is for through transportation from and/or to the place(s) so named and the Carrier's attribution of the normal value of goods of the same kind and/or quality.
D. In the event Merchant declines to procure insurance, Carrier shall not be
liable for the value of the goods damaged and Merchant shall recover only
$500.00 per full container. Less than contain loads (LCL) will be prorated
Responsibility shall then commence at the time when the Goods are delivered at the Place of Delivery so named (if any) and/or terminate when the Goods are delivered at the Place of Delivery so named (if any). The Merchant entrusts the Carrier to act as the Merchant‘s agent in all contractual matters - transit, storage, handling or any other services - relating to the transport. Carrier will receive the Goods prior to loading and subsequently discharge the Goods off the vessel without assuming responsibility for any act or omission whatsoever on the part of the Carrier or others. The Carrier, while acting as an agent for the Merchant, will have the right to enter into contracts with other parties on behalf of the Merchant under any terms whatsoever including terms less favorable than the terms offered in this Bill of Lading.
B. COMBINED TRANSPORT: Except as otherwise provided in this Bill of Lading, the Carrier may ultimately be held liable for loss of or damage to the Goods that has occurred in the period from the time that the Goods were brought to its charge until the time of discharge and delivery of the Goods to the claimant, to the extent set out below:
(1) When the stage of Carriage where the loss or damage occurred cannot be proved: (I) The Carrier shall be entitled to rely upon all exclusions of liability under the rules or legislation that would have applied under 5(A)(a) had the loss or damage occurred at sea or, if there was no carriage by sea, under the Hague Rules (or COGSA).
(II) When under (1) above, the Carrier is not liable in respect of some of the factors causing the loss or damage, it shall only be liable to the extent that those factors for which it is liable have contributed to the loss or damage. (III) When the Hague Rules (or any legislation applying such rules or Hague- Visby Rules such as COGSA) are not compulsorily applicable, the Carrier’s liability shall not exceed US $2.00 per kilo of the gross weight of the Goods lost or damaged; or, in respect of which the claim arises or the value of such Goods increases, whichever is the lesser.
(IV) The value of the Goods shall be determined according to the commodity exchange price at the place and time of delivery to the Merchant or at the place and time when they should have been so delivered, or, if there is no such price, according to the current market price in reference to the normal value of the Goods of the same kind and quality, at such place and time.
(2)When the stage of Carriage where the loss or damage occurred can be proven: (I) Liability of Carrier shall be determined by the provisions contained in any international convention or national law of the country which provisions,
(II) cannot be departed from by private contract to the detriment of the Merchant (III) would have applied if the Merchant had made a separate and direct contract with the Carrier in respect of the particular stage of Carriage where the loss or damage occurred and had received as evidence thereof any particular document that must be issued in order to make such international convention or national law applicable, and,
(IV) where neither (I) or (II) above shall apply any liability or the Carrier shall be determined by 5(C)(a) above. C. DELAY, CONSEQUENTIAL LOSS: Except as otherwise provided herein, the Carrier shall in no circumstances be liable for direct, indirect or consequential loss or damage by delay or any other cause whatsoever and howsoever caused. Without prejudice to the foregoing, if the Carrier is found liable for delay, liability shall be limited to the freight applicable to the relevant stage of the transport.
D. AD VALOREM DECLARED VALUE OF PACKAGES OR SHIPPING UNIT:
The Carrier’s liability may be increased to higher value by a declaration in writing of the value of the Goods by the Merchant upon delivery to the Carrier of the Goods for shipment. Such higher value being inserted on the front of this Bill of Lading in the space provided for and, if required by the Carrier, extra freight charges paid in such case. If the actual value of the Goods shall exceed such declared value, the value shall nevertheless be determined according to the information provided on the Bill of Lading.
E. RUST, ETC: It is agreed that superficial rust, oxidation or any like condition due to moisture is not a condition of damage but is inherent to the nature of the Goods and acknowledgement of receipt of the Goods in apparent good order and condition is not a delineation that such conditions of rust, oxidation or the like did not exist on receipt.
F. NOTICE OF LOSS OR DAMAGE: The Carrier shall be deemed prima facie to have delivered the Goods as described in this Bill of Lading unless notice of loss or damage to the Goods indicating the general nature of such loss or damage shall have been given in writing to the Carrier or to its representative at the place of delivery before or at the time of removal of the Goods into the custody of the Sender or Recipient so designated in the documentation provided to the Carrier.
Under no circumstance will Carrier’s liability, if any, exceed the declared value of goods transported as reported by Merchant in writing with the purpose of obtaining insurance. When Merchant declines to procure insurance, Merchant shall recover only $500.00 as Compensation for a Full Container load of merchandise damaged or lost, and a lower pro-rated figure for a lesser (LCL) size transport. Written notice of claims for loss of or damage to the Goods occurring or presumed to have occurred while in the custody or control of Carrier must be given to Carrier at the port of discharge before or on the date when the Goods should have been delivered. If such loss or damage is not apparent, Carrier must be given written notice thereof within three (3) days of delivery with detailed description of the prescribed damage.
5. REFRIGERATED CARGO: Goods of a perishable nature shall be carried in ordinary containers without special protection, services or other measures unless there is noted on the reverse side of this Bill of Lading that the goods will be carried in a refrigerated, heated, electrically ventilated or otherwise specially equipped container or are to receive special attention in any way. Carrier shall not be liable for any loss of or damage to Goods in a special hold or container arising from latent defects, derangement, breakdown, or stoppage of the refrigeration ventilation or heating machinery, insulation, ship's plant, or other such apparatus of the vessel or Container, provided that Carrier shall before or at the beginning of the Carriage exercise due diligence to maintain the special hold or Container in an efficient state. Merchant undertakes not to tender for transportation any goods which require temperature control without previously giving written notice of their nature and the required temperature setting of the thermostatic controls before receipt of the goods by Carrier. In the case of a temperature controlled Container stuffed by or on behalf of the Merchant, Merchant further undertakes that the Container has been properly pre-cooled, that the Goods have been properly stuffed in the Container, and that its thermostatic controls have been properly set by the Merchant before receipt of the Goods by the Carrier. Merchant's attention is drawn to the fact that refrigerated containers are not designed to freeze down cargo which has not been presented for packing at or below its designated carrying temperature. Carrier shall not be responsible for the consequences of cargo tendered at a higher temperature than that required for the transportation. If the above requirements are not complied with, Carrier shall not be liable for any loss of or damage to the goods whatsoever. .
6. CARGO STOWED IN CONTAINERS BY MERCHANTS: The Carrier shall not be responsible for the safe and proper stowing of cargo in containers if such containers are loaded with cargo by Merchant, consolidator or inland carrier, and no responsibility shall attach to the Carrier for any loss or damage caused to contents by shifting, overloading or improper packing of the container. Containers loaded by the Merchant or their agent shall be properly sealed and the seal identification reference, as well as the container reference, shall be shown herein. The merchant, consolidator or inland carrier shall inspect containers before loading them and loading of the containers shall be prima facie evidence that the containers were sound and suitable for use. Carrier has the right but not the obligation to open and inspect the containers at any time without notice to Merchant, and expenses resulting from such inspections shall be borne by Merchant. Merchant warrants that the stowage and seals of the containers are safe and proper and suitable for handling and carriage and indemnifies Carrier for any injury, loss or damage caused by breach of this warranty. The Carrier will not be liable in any event for the particulars furnished by the Merchant as shown on the face of this Bill of Lading. This Bill of Lading is a receipt only for the number of containers, packages or pieces as shown on the face of this Bill of Lading. The Carrier has counted only the number of containers (If container received already loaded) or the number of packages or pieces (if the Carrier has loaded the container) and under no circumstances shall the Bill of Lading be prima facie evidence of the marks, quantity, weight, description, measurement and other particulars furnished by the Merchant. Delivery shall be deemed as full and complete performance when the containers are delivered by Carrier with the seals intact.
The Merchant shall defend, indemnify and hold harmless the Carrier against any loss, damage, claim, liability, or expense whatsoever arising from one or more of the following matters: loss or damage caused by the manner in which the Container has been stuffed; loss or damage caused by the unsuitability of the Goods for Carriage in Containers; loss or damage caused by the unsuitability or defective conditions of the Container, provided that where the Container has been supplied by or on behalf of the Carrier, this paragraph shall only apply if the unsuitability or defective condition would have been apparent upon reasonable inspection by the Merchant at or prior to the time when the Container was stuffed; and loss or damage if the Container is not sealed at the commencement of the Carriage except where the Carrier has agreed to seal the Container.
7. OPTIONS OF THE CARRIER: A. Subcontracting: The Carrier shall be entitled to subcontract on any terms the whole or any part of the handling, storage or carriage of the Goods and any and all duties whatsoever undertaken by the Carrier in relation to the Goods. The Merchant shall defend, indemnify and hold harmless the Carrier against any claims, which may be made upon the Carrier by any servant, agent or subcontractor of the Carrier in relation to the claim against any such person made by the Merchant. The provisions of COGSA or its applicable foreign equivalent at point of origin or destination shall apply by agreement of the parties to all agents, contractors, and subcontractors, including but not limited to, draymen, truckers, and stevedores, prior to the loading of and after the unloading of the cargo. Without prejudice to the foregoing, every such servant, agent and subcontractor shall be entitled to the same rights, exceptions, exemptions, defenses, immunities, limitations of liability, privileges and conditions granted or provided by this Bill of Lading, tariff or statute, including but not limited to the provisions of COGSA or its applicable foreign equivalent, to which Carrier is entitled and for the benefit of the Carrier as if such provisions were expressly for their benefit, and in entering into this contract the Carrier, to the extent of these provisions, does so not only on his Own behalf but also as agent and trustee for such servants, agents and subcontractors. The above shall also apply to and for the benefit of the officers and employees of the Carrier and the agents, officers and crew of the vessel and to and for the benefit of all parties performing services in connection with the Goods as agents or contractors of the Carrier (including, without limitation, stevedores, terminal operators, and agents) and the employees of each of them. By entering into this contract, the Carrier, to the extent of these provisions, does so not only on his own behalf, but also as agent or trustee for such Persons and vessels, and such Persons and vessels shall to this extent be deemed parties to this contract.
B. Route and Tran-shipment: The Carrier may at any time and without notice to the Merchant, use any means of transport or storage in any reasonable manner and by any reasonable means, methods and routes, including but not limited to, inland carriage by truck, rail and/or air; load or carry the Goods on any vessel, whether named on the front hereof or not; transfer the Goods from one conveyance to another, including transshipping or carrying the same on another vessel than that named on the front hereof or by any other means of transport whatsoever; at any place unpack and remove Goods which have been stuffed in or on a Container and forward the same in any manner whatsoever; proceed at any speed and by any route in Carrier’s discretion (whether or not the nearest, direct, customary, advertised, or published route) and proceed to or stay at any place whatsoever once or more often and in any order; load or unload the Goods from any conveyance at any place (whether or not the place is a port named on the front hereof as the intended Port of Loading or intended Port of Discharge); comply with any orders or recommendations given by any government, authority, or any Person or body acting or purporting to act as or on behalf of suchgovernment or authority, or having under the terms of the insurance on the conveyance employed by the Carrier, the right to give orders or directions; permit the vessel to proceed with or without pilots, save or attempt to save life or property, adjust navigational instruments, make trial trips, go to repair yards, shift berths, take in fuel or stores, embark or disembark any persons to tow or be towed, or to be dry-docked; permit the vessel to carry livestock, Goods of all kinds, dangerous or otherwise, contraband, explosives, munitions or warlike stores, and sail armed or unarmed. These liberties may be invoked by the Carrier (without notice to the Merchant), either with or without the goods on board, for any purposes whatsoever, whether or not connected with the Carriage of the Goods. Any act involving delays resulting from such activities shall not be deemed a deviation of whatsoever nature or degree.
C. Conditions affecting Performance:
(1)Carrier shall use reasonable endeavors to complete transport and to deliver the goods at the place designated for delivery. If at any time the performance of this contract as evidenced by this Bill of Lading in the opinion of Carrier is or will be affected by any hindrance, risk, delay, injury, difficulty or disadvantage of any kind including strike and if by virtue of the above it has rendered or is likely to render it in any way unsafe, impracticable, unlawful, or against the interest of Carrier to complete the performance of the contract, Carrier, whether or not the transport is commenced, may without notice to Merchant elect to:
i.treat the performance of this contract as terminated, abandon the Carriage of the Goods and place the goods, or any part of them, at Merchant's disposal at any place which the Carrier shall deem safe and convenient, whereupon the responsibility of the Carrier in respect of such Goods shall cease; or
ii.continue the Carriage and deliver the goods at the place of delivery. In any event, Carrier shall be entitled to full freight for any goods received for transportation and additional compensation for extra costs resulting from the circumstances referred to above. (2) If, after storage, discharge, or any actions taken above, Carrier makes arrangements to store and/or forward the goods, it is agreed that it shall do so only as agent for and at the sole risk and expense of Merchant without any liability whatsoever in respect of such agency. Merchant shall reimburse Carrier forthwith upon demand for all extra freight charges and expenses incurred for any actions taken according to sub-part 7C(1), including delay or expense to the Ship, and Carrier shall have a lien upon the goods to that extent. (3)The situations referred to in sub-part 7C(1) above shall include, but shall not be limited to, those caused by the existence or apprehension of war declared or undeclared, hostilities, riots, civil commotions, or other disturbances, closure of, obstacle in, or danger to any port or canal, blockade, prohibition, or restriction on commerce or trading quarantine, sanitary, or other similar regulations or restrictions, strikes, lockouts or other labor troubles whether partial or general and whether or not involving employees of Carrier or its Subcontractors, congestion of port, wharf, sea terminal, or similar place, shortage, absence or obstacles of labor or facilities for loading, discharge, delivery, or other handling of the goods, epidemics or diseases, bad weather, shallow water, ice, landslip, or other obstacles in navigation or carriage.
(4)Carrier, in addition to all other liberties provided for in this Article, shall have liberty to comply with orders, directions, regulations or suggestions as to navigation or the carriage or handling of the goods or the ship howsoever given, by any actual or purported government or public authority, or by any committee or person having under the terms of any insurance on the Ship, the right to give such order, direction, regulation, or suggestion. If by reason of and/or in compliance with any such order, direction, regulation, or suggestion, anything is done or is not done the same shall be deemed to be included within the contractual carriage and shall not be construed as a deviation.
D. Variation of the Contract: Only Carrier's officers, directors, or agents with actual authority shall have power to waive, vary, alter, or modify any terms herein. Any changes must be agreed upon in writing by Carrier and Merchant. E. Stowage in Containers: Where the goods are not received by Carrier already in containers or the Carrier is instructed to provide a Container, in the absence of a written request to the contrary, the Carrier is not under an obligation to provide a Container of any particular type or quality. Goods may be stuffed by the Carrier and may be stuffed with other Goods. Merchant shall be liable to Carrier for damage to Carrier's containers or equipment if such damage occurs while such equipment is in control of Merchant or his agents. Merchant indemnifies Carrier for any damage or injury to persons or property caused by Carrier's containers or equipment during handling by or when in possession or control of Merchant.
F. On Deck Storage: Containers, whether goods therein are stowed by the Carrier or by the Merchant, and unit load machinery not containerized may be carried on or under deck without notice to the Merchants and if they are so carried, COGSA or the Hague Rules incorporated herein shall be applicable notwithstanding carriage on or under deck and the Goods and/or containers shall contribute in General Average whether carried on or under deck.
G. Inspection of Goods: Upon cause, the Carrier or any person authorized by the Carrier shall be entitled, but under no obligation, to open and inspect the Goods in any Container or package at any time.
8. GOVERNMENT DIRECTIONS, ETC.: The Carrier, Master and Vessel shall have liberty to comply with any orders or directions as to loading, departure, arrival, routes, ports of call, stoppages, discharge, destination, delivery or otherwise, howsoever given by the government of any nation or department thereof or any person acting or purporting to act with the authority of such government or of any department thereof, or by any committee or person having, under the terms of war risk insurance on the Vessel, the right to give such orders or directions shall be a fulfillment of the contract voyage.
In addition to all other liberties herein, the Carrier shall have the right to withhold delivery of, reship to, deposit or discharge the goods at any place whatsoever, surrender or dispose of the goods or permit inspection or other control in accordance with any direction, condition or agreement imposed upon or extracted from the carrier by any government or department thereof or any person purporting to act with the authority or either of them, In any of the above circumstances, the Goods shall be solely at their risk and expense and all expenses and charges so incurred shall be payable by the cargo owner or consignee and shall be a lien on the goods.
9. MERCHANTS RESPONSIBILITY: Merchants and their agents shall be jointly and severally liable to carrier for any loss or damage to containers or Goods while in their possession or the possession of their agents. The Carrier shall not in any event be liable for any loss, delay, damage or injury to the Goods, or to other property or to any persons arising out of the use or handling of Carrier's containers by Merchant or their agent. Merchant shall defend, indemnify and hold the Carrier harmless from and against any and all claims, loss, damage or fines on a container or the Goods before delivery to the Carrier at the port of loading or between containers to the Carrier. If the goods are delivered in a container, the Merchant undertakes to return the container promptly to the Carrier in the same condition as when received from the Carrier. The Merchant warrants to the Carrier that the particulars relating to the Goods as set out overleaf have been checked by the Merchant on receipt of this Bill of Lading and that such particulars, and any other particulars furnished by or on behalf of the Merchant, are adequate and correct. The Merchant also warrants that the Goods are lawful goods and contain no contraband. If the Container is not supplied by or on behalf of the Carrier, the Merchant further warrants that the Container meets all ISO and/or other international safety standards and is fit in all respects for Carriage by the Carrier. The Merchant shall defend, indemnify and hold harmless the Carrier for any injury, loss or damage, including fines arising from Merchant’s failure to declare correctly herein any of the particulars furnished by him, including marks, quantity and description of the goods, weight and cubic measurement of goods and the exact total gross weight of container (container fare weight and cargo weight) and also for any kind of rerouting of the Goods at the Merchant's request or for any other act, fault or neglect of the Merchant, his agent or his servants for which the Carrier may become liable. If the container is discharged from the vessel with seals intact, the Carrier shall not be liable for any loss or damage to contents of container unless it be proven that such loss or damage was caused by the Carrier’s negligence.
Merchant shall defend, indemnify and hold harmless the Carrier against any loss or damage to the vessel or cargo or to any persons or property caused by inflammable, explosive or dangerous goods, shipped without full disclosure of their nature, whether such Merchant be principal or agent and such Goods so shipped may be thrown overboard or destroyed at any time without compensation
10. WARRANTY: Merchant warrants that in agreeing to the terms hereof it or its agent has the authority of the person owning or entitled to the possession of the Goods or any person who has a present or future interest in the Goods.
11. FREIGHT AND CHARGES: A. Pre-paid freight, as its words sound, denotes the obligation of Merchant to pay for future service sought for transport of goods. The right of Merchant for the service shall be earned upon the receipts of payment for the sought transportation by the Carrier. Such Payment shall be in full and in cash without any consideration for an offset, counterclaim, deduction or stay of execution, in the currency named in this Bill of Lading, or in another currency at Carrier's option. Interest at 12% shall be imposed on charges past due. If the services of a freight forwarder are called for, such services will be deemed as being performed by an entity acting as agent of the Merchant for the purpose of transport and payment will be made to this said agent. Payment is mandatory even if freight arrives damaged or in an unsound state. In the event of non-payment or delay–in-payment that necessitates actions of litigations or collections, Carrier will add to the monies due the request of payment of its attorneys’ fees as part of the settlement.
B. The Merchant shall be liable for expenses of fumigation and of gathering and sorting loose cargo and of weighing on board as well as expenses incurred in repairing damage to and replacing of packaging due to excepted causes and furthermore for all expenses derived from the necessity for supplementary handling of the cargo for any of the aforementioned reasons.
C. Any dues, duties, taxes and charges, which under any denomination may be levied on any basis such as amount of freight, weight of cargo or tonnage of the Vessel shall be paid by the Merchant. D. The Carrier shall be entitled to all freight and other Charges due hereunder, whether actually paid or not, and to receive and retain them irrevocably under any circumstances whatsoever, whether the vessel and/or goods be lost or not, or the voyage be broken up, or frustrated, or abandoned at any stage of the entire transit period or whether Merchant has already made payment to the freight forwarder.
E. The Merchant shall be jointly and severally liable for all, and indemnify the Carrier against all dues, duties, fines, taxes and Charges, including consular fees levied on the goods or all fines and/or losses sustained or incurred by the Carrier in connection with the goods however caused, including the procedure consular, board of health, or other certification to accompany the goods. Merchant shall be liable for return freight and charges on the goods if they are refused export or import by any government.
F. The Carrier is entitled, and Merchant is liable, in case of incorrect declaration of contents, weight, measurements or value of the Goods, to claim double the correct amount of freight which would have been due if such declaration had been correctly given. For the purposes of ascertaining the actual facts, the Carrier reserves the right to obtain from the Merchant the original invoice and to have the contents inspected and the weight, measurement or value verified. Merchant will also be liable for the expenses incurred in determining and ascertaining the correct details.
G. Merchants shall be jointly and severally liable to Carrier for demurrage, detention, general order, advances and any and all costs associated with the abandonment of the freight or a refusal of the consignee to make delivery whether or not the front of this bill of lading has been marked "prepaid " or "collect " so long as freight and charges remain unpaid. H. Merchants shall jointly and severally indemnify Carrier for all claims, fines, penalties, damages, costs and other amounts which may be incurred or imposed upon Carrier by reason of any breach of Merchant of any of the provisions of this Bill of Lading or of any statutory or regulatory requirements.
I. Merchant authorizes the Carrier to pay and/or incur all such Charges and expenses and to satisfy any of the matters mentioned above at the expense of and as agent for the Merchant, to engage other Persons to regain possession of the Goods, and to do all things deemed advisable to the Carrier for payment of all Freight and Charges and for the performance of the obligation of each of them hereunder.
12. GENERAL AVERAGE: General Average shall be adjusted at New York, or any other port at Carrier's option, according to the York-Antwerp Rules of 1974. The General Average statement shall be prepared by adjusters appointed by Carrier. The Amended Jason Clause as approved by BIMCO is incorporated herein, and the Merchant shall provide such security as may be required by the Carrier in this regard. Notwithstanding the above, the Merchant shall defend, indemnify and hold harmless the Carrier in respect of any claim, whether due to negligence or not, (and any expense rising therefrom) of a General Average nature which may be made against the Carrier, and shall provide such security as may be required by the carrier in this connection. If a salving vessel is owned or operated by Carrier, salvage shall be paid for as fully as if the salving vessel or vessels belonged to other Carriers. The Carrier shall be under no obligation to take any steps whatsoever to collect security for General Average contributions due to the Merchant.
In the event that a customer neglects to advice ShippingQuest.com regarding a door to door service that additional service of a tramp, ferry or barge is required to effectuate delivery of customer’s household goods.
ShippingQuest.com will advise the customer of the additional charges associated with such services. In the event that customer declines to pay for such additional tramp, ferry or barge service. ShippingQuest.com is not obligated to deliver the goods to the original destination requested. It will then deliver the transport to the last reachable point on the way to the originally stated Door destination before the obstacle that bars further advance by any other means of transport. This point will be designated as Port of Destination and will be still qualified as a “Door” in a Door to Door service.
13. LIEN: The Carrier shall have a general lien on all property (and documents relating thereto) of Merchant, in its possession, custody or control or en route, for all claims for Charges, expenses or advances incurred by Carrier in connection with any shipments of Merchant. If such claim remains unsatisfied for 30 days after demand for its payment is made, Carrier shall be entitled to sell the goods privately or by auction, without prior notice to the Merchant, as may be necessary to satisfy such lien and the costs of recovery, and apply the net proceeds of such sale to the payment of the amount due to Carrier. Any surplus from such sale shall be transmitted to Merchant, and Merchant shall be liable for any deficiency in the sale.
14. WAREHOUSEMAN LIEN
If Goods go into demurrage, Carrier shall assume all rights of a warehouseman, and this Bill of Lading shall constitute a warehouseman’s non-negotiable receipt. Goods will be delivered to the consignee or other Person(s) entitled to receipt of the goods upon payment of all Charges due. If Goods are not claimed within ten (10) days after demurrage commences, Carrier may exercise its warehouseman’s right to sell or auction such Goods. Carrier may assert a general lien for Charges and expenses in relation to other Goods belonging to the defaulting Merchant, whether or not these Goods have been delivered by Carrier.
15. LAW AND JURISDICTION: Any claim or dispute arising under this Bill of Lading shall be determined exclusively according to the laws of the United States and the Merchant agrees that any suits against the Carrier shall be brought in the República de Panamá, which shall have exclusive jurisdiction. The Carrier shall be entitled to avail itself of all the terms and conditions of onward carriers, including such carriers’ forum selection and limits of liability. Carrier reserves the right to bring suit against the Merchant for the collection of freight fees or other charges in any venue having jurisdiction over such proceeding.
16. BOTH-TO-BLAME COLLISION CLAUSE:
If the vessel carrying the Goods (the carrying vessel) collides with any other vessel or object (the non-carrying vessel or object) due to the negligence of the non-carrying vessel or object, or their owner(s), charterer(s), or Person(s) responsible for the non-carrying vessel or object, the Merchant undertakes to defend, indemnify, and hold harmless the Carrier against all claims, liability, costs, attorneys’ fees, and other expense arising therefrom, in respect of any loss, damage, or claim whatsoever of the non-carrying vessel or object.
17. NOTICE OF CLAIM AND TIME BAR: Written notice of claims for loss of or damage to the Goods occurring or presumed to have occurred while in the custody or control of Carrier must be given to Carrier at the port of discharge before or at the time of removal of the Goods by one entitled to delivery. If such notice is not provided, removal shall be prima facie evidence of delivery by the Carrier. If such loss or damage is not apparent, Carrier must be given written notice within three (3) days of delivery. In any event, the Carrier shall be discharged from any liability unless suit is brought in the United States District Court for the Southern District of New York within twelve (12) months after delivery of the Goods, or the date when the Goods should have been delivered, unless such time bar is contrary to any compulsorily applicable international convention or law, which shall apply.
18. CARRIER'S TARIFF(S) AND TERMS AND CONDITIONS OF SERVICE:
The goods carried under this Bill of Lading are also subject to all the terms and conditions of the tariff(s) on file pursuant to the regulations of the United States Federal Maritime Commission or any other regulatory agency which governs a particular portion of the carriage and the terms are incorporated herein as part of the terms and conditions of this Bill of Lading. Copies of the Carrier's tariff(s) may be obtained from Carrier or its agents upon request or from the governmental body with whom the tariff has been filed. In the case of inconsistency between this Bill of Lading and the applicable tariff or the terms and conditions of service, this Bill of Lading shall prevail.
19. SEVERABILITY: If any provision in this Bill of Lading is held to be invalid or unenforceable by any court or regulatory or self- regulatory agency or body, such invalidity or unenforceability shall attach only to such provision. The validity of the remaining provisions shall not be affected thereby, and this Bill of Lading contract shall be carried out as is such invalid or unenforceable provisions were not contained herein.
Consent of Carrier to face Client acting as Plaintiff in a suit initiated against Carrier in República de Panamá under Clauses 15 and 17 is for settlement purposes only and not to be construed as Carrier’s admittance to liability in personam, in rem or quasi in rem jurisdiction in República de Panamá
20. SURRENDER AND NEGOTIABILITY OF BILL OF LADING: This Bill of Lading shall be non-negotiable unless made out “to order,” in which event it shall be negotiable and shall constitute title to the Goods and the holder in due course shall be entitled to receive or to transfer the Goods herein described. If required by the Carrier, the Bill of Lading, duly endorsed, must be surrendered to the agent of the Carrier at the port of discharge, in exchange for delivery order. This Bill of Lading shall be prima facie evidence of the Carrier’s receipt of the Goods as herein described. However, proof to the contrary shall not be admissible when this Bill of Lading has been negotiated or transferred for valuable consideration to a third party acting in good faith.
TERMS AND CONDITIONS OF SERVICE FOR OCEAN SHIPPING
All shipments to or from the Customer, which term shall include the exporter, importer, sender, receiver, owner, consignor, consignee, transferor or transferee of the shipments, will be handed by Price Break Shipping, Inc. (“Company”) on the following terms and conditions:
1. Services by Third Parties. Unless the Company carries, stores or otherwise physically handles the shipment, and loss, damage, expense or delay occurs during such activity, the Company assumes no liability as a carrier and is not to be held responsible for any loss, damage, expense or delay to the goods to be forwarded or imported except as provided in paragraph 8 and subject to the limitations of paragraph 9 below. The Company endeavors to exercise reasonable care in the selection of carriers, truckers, lighter crews, forwarders, customs brokers, agents, warehousemen and others to whom it may entrust the goods for transportation, cartage, handling and/or delivery and/or storage or otherwise. When the company carries, stores or otherwise physically handles the shipment, it does so subject to the limitation of liability set forth in paragraph 8 below unless a separate bill of lading, airway bill or other contract of carriage is issued by the Company, in which event the terms thereof shall govern.
2. Liability Limitations of Third Parties. The company is authorized to select and engage carriers, truckers, lighter crews, forwarders, customs brokers, agents, warehousemen and others as required to transport, store, deal with and deliver goods; all of whom shall bedesignated as agents of the Customer.The goods will be entrusted to such agents subject to all conditions as to limitation of liability for loss, damage, expense or delay, and to all rules, regulations, requirements and conditions, whether printed, written or stamped, appearing in bills of lading, or in receipts of tariffs issued by such carriers, truckers, lighter crews, forwarders, customs brokers, agents, warehousemen and others. The Company shall under no circumstances be liable for any loss, damage, expense or delay to the goods for any reason whatsoever when said goods are in custody, possession or control of third parties selected by the Company to forward, enter to and clear, transport or render other services with respect to such goods.
3. Choosing Routes or Agents. Unless express instructions in writing are received from the Customer, the Company has complete freedom in choosing the means, route and procedure to be followed in the handling, transportation and delivery of goods. Advice by the Company to the Customer that a particular person or firm has been selected to render services with respect to the transport shall not be construed to mean that the Company warrants or represents that such person or firm will render such services.
4. Quotations Not Binding. Quotations as to fees, rates of duty, freight charges, insurance premiums or other charges given by the Company to the Customer are for informational purposes only and are subject to change without notice and shall not under any circumstances be binding upon the Company unless the Company consents to handle the transport of the said shipment and offer a contract with a rate clearly indicated therein.
5. Duty to Furnish Information. (a) At a reasonable time prior to deliverance of the goods for inspection by U.S. Customs, the Customer shall furnish to the Company invoices in proper form and all other documents necessary or useful for the preparation of the U.S. Customs entry permits; and also, such further information as may be sufficient to establish, inter alia, the durable value, the classification, the country of origin, the genuineness of the merchandise and any mark or symbol associated with it, the Customer’s right to import and/or distribute the merchandise, and the merchandise’s admissibility, pursuant to U.S. law and regulation. If the Customer fails in a timely manner to furnish such information or documents, in whole or in part, as may be required to complete U.S. Customs entry or comply with U.S. laws or regulation, or if the information or documents furnished are inaccurate or incomplete, the Company shall be obliged to seek remedy using its best judgment. It cannot be held liable for any inaccurate, incomplete, or omitted information nor be held accountable to the circumstances pertaining to these deficiencies. Where a bond is required by U.S. Customs to be given for the production of any document or the performance of any act, the Customer shall be deemed bound by the terms of the bond notwithstanding the fact that the bond has been executed by the Company as principal, it being understood that the Company entered into such undertaking at the instance and on behalf of the Customer, and the Customer shall indemnify and hold the Company harmless for the consequences of any breach of the terms of the bond. (c) On an export at reasonable time prior to the exportation of the shipment the customer shall furnish to the Company the commercial invoice in proper form and number, a proper consular declaration, weights, measures, values and other information in the language of and that may be required by the laws and regulations of the U.S. and the country of destination of the goods. (d) On an export or import the Company shall not in any way be responsible or liable for duty increase, penalty, fine or other expense unless caused by the negligence or another fault of the Company, in which event its liability to the Customer shall be governed by the provisions of paragraphs 8-10 below. The Customer shall be bound by and warrant the accuracy of all invoices, documents and information furnished to the Company by the Customer or its agent for export, entry or other purposes and the Customer agrees to indemnify and hold harmless the Company against any increased duty, penalty, fine or expense including attorneys’ fees, resulting from any inaccuracy, incomplete statement, omission or any failure to make timely presentation, even if these deficiencies are not the result of any act of negligence on the part of the Customer.
6. Declaring Higher Valuation. In as much as truckers, carriers, warehousemen and others to whom the goods are entrusted usually limit their liability for loss or damage unless a higher value is declared and a charge based on such higher value is agreed to by said truckers, etc., the Company must receive specific written instructions from the Customer to pay such higher charge based on higher valuation and the trucker, etc. must accept such higher declared value: Otherwise the valuation placed by the Customer on the goods shall be regarded as being conceived solely for export or customs purposes and the goods will be delivered to the truckers, etc. subject to the limitation of liability set forth herein in paragraphs 8-10 below with respect to any claim against the Company and subject to the provisions of paragraph 2 above.
7. Insurance. The Company will make reasonable efforts to effect marine, fire, theft and other insurance upon the goods only after receiving specific written instructions from the Customer in sufficient time prior to shipment from point of origin. Such instructions must include the exact kind of insurance sought and the amount the Customer is willing to allocate for the purpose of insurance. The Company is not an insurance broker nor does it claim to be as such. Therefore, it needs to source insurance out to reputable and recognized insurance companies that do regular business with the Company. It will offer the Client the option of using any of these companies in the event Client has no open marine policy in effect on its own. Indorsed insurance warrants are governed by the certificate or policy issued to the Client by the selected insurance company/ies or insurance underwriter/s. The Insured should be fully aware that in case of a claim or a dispute initiated by such claim, the matter lies between the Insured and the policy grantor. Shippingquest is not a part to this potential dispute and as such will not be held accountable or responsible to any actions taken in relation thereto. The Company disengagement status stays in effect also when the premium fee stated in the policy differs from the actual fee charged and paid to the Company by the Customer, or that the shipment was insured under a policy in the name or the Company on behalf to the insured and not under the Insured’s name. Timely payments of insurance premiums and charges levied by the Company for arranging the same shall be the Customer’s responsibility. If for any reason the goods are held in warehouse, or elsewhere for storage keeping, they should be separately insured, and insurance as such must also be requested in writing by the Customer in the same manner as described above. Unless specifically agreed to in writing, the Company assumes no responsibility to effect insurance on any export or import shipment which it does not handle. Failure to procure insurance will affect any claim for loss or damage to property.
8. Limitation of Liability for Loss, etc. (a) The Customer agrees that the Company shall only be liable for any loss, damage expense or delay to the goods resulting from the negligence or other fault of the Company; such liability shall be limited to an amount equal to the less of fifty dollars ($50.00) per entry or shipment or the fee(s) charged for services, provided that, in the case of partial loss, such amount will be adjusted, pro rata; (b) Where the Company issues its own bill of lading and receives freight charges as its compensation. Customer has the option of paying a special compensation and increasing the limit of Company’s liability up to the shipment’s actual value; however, such option must be exercised by written agreement, entered in to prior to any covered transaction(s), setting forth the limit of the Company’s liability and the compensation received; (c) the Company to pay special compensation and declare a higher value and Company agrees in writing, liability is limited to the amount set forth in (a) above; (d) Customer agrees that the Company shall, in no event, be liable for consequential, punitive, statutory or special damages in excess of the monetary limit provided for above.
9. Presenting Claims.
a. Company shall not be liable under paragraph 8 for any claims not presented to it in writing within 30 days of either the date of loss or incident giving rise to the claim; no suit to recover for any claim or demand here under shall be maintained against the Company unless instituted within one year from when the goods were delivered or should have been delivered. Failure to procure insurance will affect any claim for loss or damage to property.
b. Written notice of claims for loss of or damage to the Goods occurring or presumed to have occurred while in the custody or control of Carrier must be given to Carrier at the port of discharge before or at the time of removal of the Goods by one entitled to delivery. If such notice is not provided, removal shall be prima facie evidence of delivery by the Carrier. If such loss or damage is not apparent, Carrier must be given written notice within three (3) days of delivery. In any event, the Carrier shall be discharged from any liability unless suit is brought in the United States District Court for the Southern District of New York within twelve (12) months after delivery of the Goods, or the date when the Goods should have been delivered, unless such time bar is contrary to any compulsorily applicable international convention or law, which shall apply. Consent to sue in SDNY is for settlement purposes only and not to be construed as Carrier consenting to in personam, in rem or quasi in rem jurisdiction in New York.
10. Advancing Money. The Company shall not be obliged to incur any expense, guarantee payment or advance any money in connection with the importing, forwarding, transporting, insuring, storing or coopering of the goods, unless the same is previously provided to the Company by the Customer on demand. The Company shall be under no obligation to advance freight charges, customer’s duties or taxes on any shipment, nor shall any advance by the Company be construed as a waiver of the provisions hereof.
11. Indemnification for Freight, Duties. In the event that a carrier, other person or any governmental agency makes a claim or institutes legal action against the company for ocean or other freight, duties, fines, penalties, liquidated damages or other money due arising from a shipment of goods of the Customer, the Customer agrees to indemnify and hold harmless the Company in connection with defending such claim or legal action and obtaining reimbursement from the Customer. The confiscation or detention of the goods by any governmental authority shall not affect or diminish the liability of the Customer to the Company to pay all charges or other money due promptly on demand.
12. C.O.D. Shipments. Goods received with Customer’s or other person’s instructions to “Collect on Delivery” (C.O.D.) by drafts or otherwise, or to collect on any specified terms by the time drafts or otherwise, are accepted by the Company only upon the express understanding that it will exercise reasonable care in the selection of a bank, correspondent, carrier or agent to whom it will send such item for collection, and the Company will not be responsible for any act, omission, default, suspension, insolvency or want of care, negligence, or fault of such bank, correspondent, carrier or agent, nor for any delay in remittance lost in exchange, or during transmission, or while in the course of collection.
13. General Lien on Any Property. The Company shall have a general lien on any and all property (and documents relating thereto) of the customer, in its possession, custody or control or en route, for all claims for charges, expenses or advances incurred by the Company in connection with any shipments of the Customer and if such claim remains unsatisfied for thirty (30) days after demand for its payment is made, the Company may Sell at public auction or private sale, upon ten (10) days written notice, registered mail (R.R.R.), to the Customer, the goods, wares and/or merchandise, or so much thereof as may be necessary to satisfy such lien, and apply the net proceeds of such sale to the payment of the amount due to the Company. Any surplus from such sale shall be transmitted to the Customer, and the Customer shall be liable for any deficiency in the event the sale’s proceedings do not cover the amount owed by customer.
14. Compensation of Company. The compensation of the Company for its services shall be included with and is in addition to the rates and charges of all carriers and other agencies selected by the Company to transport and deal with the goods and such compensation shall be exclusive from brokerage, commissions, dividends or other revenue received by the Company from carriers, insurers and others in connection with the shipment. On ocean exports, upon request, the Company shall provide a detailed breakout of the components of all charges assessed and a true copy of each preeminent document relating to these charges. In any referral for collection or action against the Customer for monies due the Company upon recovery by the Company, the Customer shall pay the expenses of collection and/or litigation, including a reasonable attorney fee.
15. No Responsibility for Governmental Requirements. It is the responsibility of the Customer to know and comply with the making requirements of the U.S. Customs Service, the regulations of the U.S. Food and Drug Administration, and all other requirements, including regulations of Federal, state and/or local agencies pertaining to the merchandise. The Company shall not be responsible for action taken or fines or penalties assessed by any governmental agency against the shipment because of the failure of the Customer to comply with the law or the requirements or regulations of any governmental agency or with a notification issued to the Customer by any such agency.
16. Indemnify Against Liability Arising from the Importation of Merchandise. The Customer agrees to indemnify and hold the Company harmless from any claims and/or liability arising from the importation of merchandise which violates any Federal state and/or other laws or regulations and further agrees to indemnify and hold the Company harmless against any and all liability, loss, damages, costs, claims and/or expenses, including but not limited to attorney’s fees, which the Company may hereafter incur, suffer or be required to pay by reason of claims by any government agency or private party. In the event that any action, suit, or proceeding is brought against the Company by any government agency or any private party, the company shall give notice in writing to the Customer by mail at its address on file with the Company. Upon receipt of such notice, the Customer at its own expense shall defend against such action and take all steps as may be necessary or proper to prevent the obtaining of a judgment and/or order against the Company.
17. Losses, Damage or Expense Due to Delay. Unless the services to be performed by the Company on behalf of the Customer are delayed by reason of the negligence or other fault of the Company, the Company shall not be responsible for any loss, damage or expense incurred by the Customer because of such delay. In the event the Company is at fault, as aforesaid, its liability is limited in accordance with the provisions of paragraphs 8-9 above.
18. Construction of Terms and Venue. As stated Clause 9 above, the Carrier shall be discharged from any liability unless suit is brought in the Republic Of Panama within twelve (12) months after delivery of the Goods, or the date when the Goods should have been delivered, unless such time constraint is contrary to any compulsorily applicable international convention or law, which shall then apply. Consent to sue in Panama City is for settlement purposes only and not to be construed as Carrier consenting to in personam, in rem or quasi in rem jurisdiction in Panama
19. ShippingQuest.com provides volume estimates via telephone or email as a courtesy to the Client. . The actual volume is determined by the receiving terminal which is an independent company. ShippingQuest.com will not be held liable for any discrepancies between the original estimated figure for volume provided by the customer to the decisive figure reached after weighing and measuring the volume of the transported goods at the terminal. Phone estimates are based on international average figuration models and not on actual weight and measurement. If services are scheduled for the integral use of full containers then volume size does not apply as long as shipped goods do not exceed the container’s load capacity. Service does not include destination government’s taxes, duties, agency fees, THC, Quarantine, Fumigation, and customs examination.
20. In the event that a customer neglects to advice ShippingQuest.com regarding a door to door service that additional service of a tramp, ferry or barge is required to effectuate delivery of customer’s household goods.
ShippingQuest.com will advise the customer of the additional charges associated with such services. In the event that customer declines to pay for such additional tramp, ferry or barge service. ShippingQuest.com is not obligated to deliver the goods to the original destination requested. It will then deliver the transport to the last reachable point on the way to the originally stated Door destination before the obstacle that bars further advance by any other means of transport. This point will be designated as Port of Destination and will be still qualified as a “ Door” in a Door to Door service.
21. ShippingQuest.com does not charge credit cards or invoice our customers unless a service or partial service was rendered. Partial service example is “in and out” fees after the customer dropped off the goods at the export terminal but later decided to cancel the transport. If ShippingQuest.com has not rendered any service then no charges will apply. Orders may be canceled at no charge unless the freight was already collected or dropped off at the terminal of export or insurance costs were already paid by the Carrier on behalf of the Customer.
22. All less then container loads (LCL / Small Shipments) will require palletizing at the receiving export warehouse. The purpose for palletizing is to facilitate mobility and protection against damage and loss. Cost per pallet is $95.00.
23. Information entered into the ShippingQuest rate system is provided by the customer. Such information must include Weight and Volume for Domestic Freight Trucking or International Shipping. Carriers have the right to weigh transported goods to obtain an accurate figure. Should their weight figure differ from the one stated in the papers submitted by the customer on the bill of lading then that rate will prevail. Shipping International is determined by volume. The final volume quote applicable to any given transport will be determined by the export terminal upon its arrival to the terminal. Final volume is documented and can be examined upon request. ShippingQuest.com does not provide volume estimates via phone or mail. Volume or weight is determined and entered solely by the customer. Volume figures entered by a customer may differ from actual volume reached after good are palletized, as required for a transport in the form of loose freight.
24. Everything must be properly boxed, crated or palletized, and no item should be left exposed or bare. Export terminals will refuse to accept goods unless they are properly packed. Any claims for damage against ShippingQuest.com at a later date will not apply to items not packed by the Company even when a Full Service contract was signed. The Company should have been engaged to do a professional packing job payable by the customer. Any wood shipping such as crates or pallets must meet international standards for wood treatment associated with such rendered services.
25. Any charges associate with treating wood or fumigation is payable by the customer / consignee.
26. ShippingQuest.com online service for International shipping is concluded once your transport reaches the terminal of your choice overseas. Responsibility for payments of all Port Fees, Controls, Customs Clearance, Freight collection, storage fees and any other fees associated with the freight lies with the consignee. ShippingQuest.com will not be held liable for the cost of releasing the freight.
27. ShippingQuest.com reserves the right to charge Customers’ credit card for all fees associated with abandoned freight prior to sailing or after its arrival to the destination terminal overseas. ShippingQuest.com will be relieved thereupon of its duties and obligations to the customer / Consignee.
28. Private customers cannot apply for credit. Services are prepaid for domestic freight transportation upon pickup of freight. International shipping is a prepaid service once goods arrive at the export terminal.
29. Customers must provide complete SHIPPING INSTRUCTIONS which are then used to prepare the ocean bill of lading. Should the customer require any changes / amending the ocean bill of lading a $150 charge will apply.
30. Ocean bills of lading are uploaded to the Customers’ account for International shipping. The ocean bill of lading is an “EXPRESS RELEASE” copy and originals are not required for release of goods. The ocean bill of lading will only be uploaded to the customers’account after invoices are satisfied. Failure to remit payment will result in late fees and possible storage charges domestically or overseas. ShippingQuest will add to final invoice on all exclusive Full Container loads Express Ocean bill of lading charge of $195.00
31. ShippingQuest.com ocean service is limited to the Port / Terminal city and country you selected. Payment of all fees associated withthe release of goods at destination such as customs clearance, terminal fees duties, taxes and delivery charges are the responsibility of the consignee. ShippingQuest will not be responsible for any of these costs.
32. Proper Boxing/ crating is necessary for successful service. Please make sure your goods are properly boxed or crated. Damages can occur if your goods are not adequately packed for shipping. ShippingQuest will not be held liable for damages occurred due to poorly packed goods not placed in sturdy boxes. No items should be sent exposed, unfastened or bare.
33. Insurance offered through the website at time of booking is for self packing / Total Loss coverage only. Missing items or damages are not covered by this policy. Insurance offered by ShippingQuest is required for all commercial goods based on the commercial invoice value.
34. All invoices are paid by wire transfers or Physical deposits by check, cash or money orders. ShippingQuest does not accept Credit Cards, Debit Cards, Bill pay or Western Union
35. Invioce due dates correlate with sailing schedules. All invoices are required to be satisfied by the due date. Storage fees of $15 per day minimum 15 days will be automatically assessed to your invoice for invoices not satisfied by the due date due to missed sailing dates and terminal storage charges until the next sailing.
36. Fuel surcharge: Immediately upon booking, users will receive an email requesting to confirm the booking. This email will include the fuel surcharge that will be added to the final invoice. Confirmation of bookings by users will assume the additional charge has been accepted by the user.
37. These Terms & Conditions of Service may only be amended or modified in writing and signed by both parties hereto.
38. The following fees apply for compliance with Safety of Life at Sea (SOLAS) requirements for certification of verified gross mass (VGM) of cargo tendered by Merchant. Verified Gross Mass (VGM) Fee USD28 per Bill of Lading
39. In certain instances palletized boxes can take up more volume than boxes measured separately. Please note that palletizing can take up dead space
40. Cancellations for Full Container Loads (FCL 20' / 40' ): Customer may cancel and receive a full refund with a written email request 21 days prior to service date.
41. Excess Length: Freight having Length, Width, or Height more than 96" will have surcharges per 1 foot ( 12" ) or partail of 1 foot. Per feet $55.00 The surcharge covers only the domestic and ocean portion. Additional surcharges may apply at destination from terminals handling excess length
42. Refunds: ShippingQuest offers refunds less any services rendered such as but not limited to: palletizing service, in and out terminal charges, transfers to another terminal, and cancellation charge. Refund process takes up to 4 weeks
43. Carrier hereby provides notice of its intent to invoke the FMC’s tariff publication/adherence exemption pursuant to 46 CFR Part 532, et seq.
44. THE SHIPPER'S BOOKING OF CARGO AFTER RECEIVING THE TERMS OF THIS NRA OR NRA AMENDMENT CONSTITUTES ACCEPTANCE OF THE RATES AND TERMS OF THIS NRA OR NRA AMENDMENT.
45. Upon Carrier’s receipt of Shipper’s written acceptance of or booking request pursuant to the rates contained herein, this document along with the written acceptance or booking request shall constitute an NRA pursuant to 46 C.F.R. §520.13(e) and §532. This NRA is valid until the stated expiration date or until the stated quantity has been received by Carrier, whichever occurs first, unless earlier terminated by either Party. Carrier’s Rules Tariff, provided free of charge at www.shippingquest.com contains the terms and conditions which are further applicable to this shipment.
46. The cost per cubic foot is set forth herein and will not change after Shipper’s acceptance of this quote. The quoted total cost provided herein is an estimate based on the dimensions of the cargo as entered by the Shipper. Upon receipt and measurement of the cargo, the total cost may change to reflect the actual dimensions of the cargo
Insurance terms of service: