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Terms & Conditions

SEA & OCEAN FREIGHT FORWARDING TERMS AND CONDITIONS

TERMS AND CONDITIONS OF CONTRACT

SHIPPING FREIGHT COMPANY B.V.

These Ocean Freight Forwarding Terms and Conditions apply to all ocean freight forwarding services, sea freight services, quotations, bookings, arrangements, communications, instructions, logistics services and related activities provided or arranged by SHIPPING FREIGHT COMPANY B.V., unless expressly agreed otherwise in writing by an authorized representative of SHIPPING FREIGHT COMPANY B.V.

For the purpose of these Terms, references to “Ocean Freight” include sea freight, ocean freight, container shipping, FCL, LCL, port-to-port, door-to-port, port-to-door, door-to-door, and related multimodal logistics services arranged by SHIPPING FREIGHT COMPANY B.V.

1. Status of SHIPPING FREIGHT COMPANY B.V.

1.1. SHIPPING FREIGHT COMPANY B.V. acts solely as a freight forwarder, logistics intermediary and arranging party, and not as an ocean carrier, vessel operating common carrier, non-vessel operating common carrier, warehouseman, terminal operator, customs authority, stevedore, rail operator, road carrier or performing carrier, unless expressly agreed otherwise in writing.

1.2. SHIPPING FREIGHT COMPANY B.V. arranges transportation and related logistics services on behalf of the customer by engaging ocean carriers, road carriers, rail operators, barge operators, terminal operators, depots, warehouses, customs brokers, port agents, surveyors, inspection companies and other third-party service providers.

1.3. No provision of these Terms shall be interpreted as creating an obligation for SHIPPING FREIGHT COMPANY B.V. to physically carry, store, handle or perform the transportation of goods itself.

1.4. Any bill of lading, sea waybill, transport document, delivery order, booking confirmation, carrier receipt, terminal release or other transport document issued by an ocean carrier, NVOCC, terminal, agent or subcontractor shall remain subject to the respective terms and conditions of that issuing party.

2. Application of FENEX Conditions

2.1. All services, quotations, bookings, transportation arrangements, customs-related assistance, documentation, logistics coordination and related activities performed or arranged by SHIPPING FREIGHT COMPANY B.V. are subject to the latest version of the Dutch Forwarding Conditions, also known as the FENEX Conditions, including the arbitration clause, unless mandatory law provides otherwise.

2.2. The FENEX Conditions shall apply in addition to these Ocean Freight Forwarding Terms and Conditions. In the event of any conflict between these Terms and the FENEX Conditions, the FENEX Conditions shall prevail to the extent required, unless SHIPPING FREIGHT COMPANY B.V. expressly agrees otherwise in writing.

2.3. The customer acknowledges that SHIPPING FREIGHT COMPANY B.V. performs forwarding activities as a Dutch freight forwarder and that the FENEX Conditions form an essential part of the contractual relationship between the customer and SHIPPING FREIGHT COMPANY B.V.

3. Definitions

For the purpose of these Terms:

3.1. “Company” means SHIPPING FREIGHT COMPANY B.V.

3.2. “Customer” means the party requesting, ordering, booking, accepting or paying for services from SHIPPING FREIGHT COMPANY B.V., including the shipper, consignee, exporter, importer, cargo owner, booking party, payer, receiver, principal, agent or any person acting on behalf of such parties.

3.3. “Merchant” means the shipper, consignee, consignor, receiver, cargo owner, holder of any transport document, exporter, importer, booking party, beneficial owner of the goods and any person having an interest in the goods.

3.4. “Goods” means cargo, containers, packages, pallets, units, equipment, documents and any related cargo interests handled, arranged or coordinated by SHIPPING FREIGHT COMPANY B.V.

3.5. “Services” means ocean freight forwarding, logistics coordination, booking assistance, documentation, customs-related assistance, inland transportation arrangements, port coordination, cargo release coordination, insurance arrangement if agreed, and any related service arranged by SHIPPING FREIGHT COMPANY B.V.

3.6. “Third Parties” means ocean carriers, NVOCCs, terminals, ports, trucking companies, rail operators, barge operators, customs brokers, warehouses, depots, surveyors, inspection companies, insurers, agents and any other subcontractors or service providers engaged directly or indirectly in connection with the Services.

3.7. “Charges” means all freight, local charges, port charges, terminal charges, customs-related costs, duties, taxes, demurrage, detention, storage, per diem, inspection costs, security charges, documentation fees, administrative charges, legal costs, collection costs, third-party charges and any other monetary obligations arising in connection with the Services.

4. Quotations and Booking Acceptance

4.1. All quotations issued by SHIPPING FREIGHT COMPANY B.V. are non-binding unless expressly stated otherwise in writing.

4.2. All quotations are based on the information provided by the customer and on market conditions, carrier availability, equipment availability, routing, port conditions, exchange rates, fuel costs, terminal charges, carrier tariffs and other cost factors applicable at the time of quotation.

4.3. A quotation may be amended, withdrawn, suspended or cancelled by SHIPPING FREIGHT COMPANY B.V. at any time before written booking confirmation is issued by SHIPPING FREIGHT COMPANY B.V.

4.4. The booking of cargo, issuance of shipping instructions, delivery of cargo for shipment, acceptance of a quotation, payment of an invoice or instruction to proceed shall constitute acceptance of these Terms and all applicable charges.

4.5. Any validity period stated in a quotation applies only to the freight rate and only for the stated period. It does not guarantee space, equipment, routing, schedule, transit time, vessel departure, arrival date or final carrier acceptance.

4.6. Any quotation may be revised if the actual cargo details, weight, dimensions, commodity, HS code, packing, cargo readiness date, routing, origin, destination, delivery address, customs status or service requirements differ from the information originally provided.

5. Customer Instructions and Accuracy of Information

5.1. The customer is solely responsible for providing complete, accurate and timely instructions and information required for the performance of the Services.

5.2. Such information includes, without limitation, cargo description, commodity, HS code, weight, dimensions, package count, cargo value, Incoterms, shipper details, consignee details, notify party, customs status, origin, destination, loading address, delivery address, special handling requirements, hazardous nature, temperature requirements and any regulatory restrictions.

5.3. SHIPPING FREIGHT COMPANY B.V. shall be entitled to rely on the information provided by the customer without independent verification.

5.4. The customer shall indemnify and hold SHIPPING FREIGHT COMPANY B.V. harmless against all claims, fines, penalties, losses, delays, customs issues, storage, inspections, demurrage, detention, carrier charges, legal costs and third-party costs arising from inaccurate, incomplete, late, misleading or non-compliant information.

6. Documentation Responsibility

6.1. The customer is solely responsible for providing all documents required for export, import, customs clearance, transit, compliance, security filing, cargo release and delivery.

6.2. Such documents may include commercial invoices, packing lists, certificates of origin, licenses, permits, customs declarations, HS codes, export control documentation, dangerous goods declarations, safety data sheets, letters of authorization, power of attorney, certificates, VGM declarations and any other documents required by law or by third parties.

6.3. SHIPPING FREIGHT COMPANY B.V. shall not be liable for delays, penalties, customs fines, storage, inspections, seizure, refusal of cargo, cargo holds, non-release or additional costs arising from incomplete, incorrect, late or missing documents.

6.4. If SHIPPING FREIGHT COMPANY B.V. assists with customs-related formalities, such assistance shall be performed based on information and documents supplied by the customer and shall not relieve the customer from responsibility for accuracy and compliance.

7. Subcontractors and Third-Party Terms

7.1. SHIPPING FREIGHT COMPANY B.V. has the unrestricted right to select, appoint, substitute and subcontract any Third Party necessary or appropriate for the performance of the Services.

7.2. The customer authorizes SHIPPING FREIGHT COMPANY B.V. to engage Third Parties and to accept their terms and conditions, tariffs, bills of lading, waybills, terminal rules, depot rules, warehouse conditions, carrier conditions and liability limitations on behalf of and at the risk and expense of the customer.

7.3. SHIPPING FREIGHT COMPANY B.V. shall not be liable for any act, omission, delay, default, negligence, insolvency, operational failure or breach by any Third Party, except to the extent liability cannot be excluded under mandatory law.

7.4. All claims related to physical carriage, terminal operations, storage, container handling, customs inspections or inland transportation may be subject to the terms and liability limitations of the relevant performing Third Party.

8. Carrier, Routing and Schedule Selection

8.1. Unless expressly agreed otherwise in writing, carrier selection, routing, port selection, transshipment arrangements, inland mode, depot, terminal, warehouse and subcontractor selection shall remain at the discretion of SHIPPING FREIGHT COMPANY B.V.

8.2. SHIPPING FREIGHT COMPANY B.V. may arrange direct or indirect routing, transshipment, multimodal transport, barge, rail, road, feeder vessel or other commercially reasonable transport solutions.

8.3. Any vessel name, voyage number, ETD, ETA, transit time, cut-off date or delivery date provided to the customer is indicative only and shall not constitute a guarantee.

8.4. SHIPPING FREIGHT COMPANY B.V. shall not be liable for delay, missed connections, rolled bookings, blank sailings, port omissions, congestion, vessel changes, schedule changes or carrier operational decisions.

9. Space, Equipment and Carrier Acceptance

9.1. All bookings are subject to final carrier acceptance, vessel space, equipment availability, port conditions, terminal capacity, cargo readiness, customs clearance, compliance checks and operational feasibility.

9.2. SHIPPING FREIGHT COMPANY B.V. does not guarantee container availability, vessel space, equipment type, empty container release, cut-off acceptance, terminal acceptance or loading on a specific vessel.

9.3. If a carrier rejects, rolls, cancels, amends or delays a booking, SHIPPING FREIGHT COMPANY B.V. may attempt to arrange an alternative solution, but shall not be liable for additional charges, delay, storage, demurrage, detention or market rate increases resulting from such circumstances.

10. Freight, Charges and Rate Adjustments

10.1. Freight and Charges shall be payable in accordance with the quotation, booking confirmation, invoice or agreed payment terms.

10.2. All quotations are subject to surcharges, accessorials and third-party charges applicable at the time of shipment execution, including but not limited to BAF, CAF, PSS, GRI, EBS, war risk surcharge, congestion surcharge, low water surcharge, canal surcharge, ISPS, terminal handling charges, documentation charges, equipment imbalance charges, customs-related charges, inspection charges, storage, demurrage and detention.

10.3. If any cost factor increases between the date of quotation and the date of shipment execution, SHIPPING FREIGHT COMPANY B.V. reserves the right to pass such increase to the customer.

10.4. All foreign services are quoted based on exchange rates applicable at the time of quotation and may be adjusted due to exchange rate fluctuations, banking charges or currency conversion costs.

10.5. Unless expressly agreed otherwise in writing, duties, taxes, VAT, customs duties, governmental charges, inspections, customs examinations, storage and third-party charges are not included in freight quotations.

11. Payment and Release of Cargo

11.1. All invoices issued by SHIPPING FREIGHT COMPANY B.V. are payable strictly in accordance with the payment terms stated on the invoice.

11.2. Unless otherwise agreed in writing, all freight, local charges, customs-related charges, duties, taxes, demurrage, detention, storage and related costs must be paid before cargo release, document release, delivery order release or final delivery.

11.3. SHIPPING FREIGHT COMPANY B.V. reserves the right to suspend services, withhold cargo, documents, release instructions, delivery orders or shipment information in the event of overdue balances, payment disputes, insufficient credit approval, exceeded credit limits or any outstanding financial obligations.

11.4. Payment to a third party, broker, agent or intermediary shall not be deemed payment to SHIPPING FREIGHT COMPANY B.V. unless such party has been expressly authorized in writing by SHIPPING FREIGHT COMPANY B.V. to receive payment on its behalf.

11.5. All legal fees, debt collection costs, recovery expenses, storage costs, carrier penalties, administrative costs and third-party costs incurred due to late payment, non-payment or breach by the customer shall be recoverable from the customer.

12. Lien

12.1. SHIPPING FREIGHT COMPANY B.V. shall have a general and continuing lien over all goods, documents, containers, funds and cargo-related materials in its possession or control for all amounts owed by the customer, Merchant or cargo interests.

12.2. Such lien shall secure all freight, charges, duties, taxes, advances, storage, demurrage, detention, legal costs, collection costs and any other amounts due to SHIPPING FREIGHT COMPANY B.V., whether related to the specific shipment or to any other shipment or service.

12.3. SHIPPING FREIGHT COMPANY B.V. may exercise, enforce or transfer such lien in accordance with applicable law and the FENEX Conditions.

12.4. Any storage, preservation, enforcement, sale, auction, legal or recovery costs incurred in connection with the lien shall be for the account of the customer.

13. Free Time, Demurrage, Detention and Storage

13.1. Any free time mentioned in a quotation, booking confirmation, email, carrier schedule or operational communication is indicative only and subject to final confirmation by the relevant ocean carrier, terminal, depot, rail operator, barge operator, port authority or inland carrier.

13.2. Free time may be amended, reduced, suspended, cancelled or withdrawn by the relevant carrier, terminal, depot or authority without prior notice.

13.3. SHIPPING FREIGHT COMPANY B.V. does not guarantee free time, demurrage-free periods, detention-free periods, storage-free periods, terminal free days, rail storage free days, port storage free days or depot free days.

13.4. All demurrage, detention, storage, per diem, chassis charges, terminal storage, port storage, rail storage, depot charges, customs hold charges, inspection charges and related costs shall be for the account of the customer and/or cargo interests.

13.5. The customer is responsible for timely customs clearance, document submission, cargo release, container pickup, delivery, unloading and return of empty containers.

13.6. If containers are not returned within the prescribed free time or are returned dirty, damaged, odorous or unsuitable for further use, all resulting detention, cleaning, repair, loss-of-use and related costs shall be for the account of the customer.

13.7. Any dispute between the customer and the carrier, consignee, terminal, warehouse or customs authority shall not relieve the customer from the obligation to pay demurrage, detention, storage or related Charges invoiced by SHIPPING FREIGHT COMPANY B.V.

14. Cargo Packing, Condition and Suitability

14.1. The customer warrants that the goods are properly packed, marked, labelled, secured, palletized, braced, protected and prepared for international ocean, inland and multimodal transportation.

14.2. The customer is responsible for ensuring that packaging is suitable for containerized transport, sea carriage, road transport, rail transport, terminal handling, warehousing, lifting, stacking, temperature exposure, humidity and normal transport risks.

14.3. SHIPPING FREIGHT COMPANY B.V. shall not be liable for loss, damage, delay or additional costs caused by insufficient, unsuitable, defective or non-compliant packaging.

14.4. If goods are loaded, stuffed, sealed or secured by the customer, shipper, warehouse, supplier or any third party other than SHIPPING FREIGHT COMPANY B.V., the customer shall remain fully responsible for stuffing, stowage, weight distribution, securing, lashing, blocking, bracing and sealing.

15. Container Stuffing and Sealing

15.1. Where containers are packed or loaded by the customer or by parties acting on behalf of the customer, SHIPPING FREIGHT COMPANY B.V. shall not be responsible for the condition, count, weight, description, quality, loading, securing or stowage of the contents.

15.2. The customer shall ensure that containers are properly loaded, sealed and compliant with carrier, port, customs and safety requirements.

15.3. The customer shall be liable for all loss, damage, fines, penalties, delays, injury, cargo damage, container damage, vessel damage, terminal damage or third-party claims arising from improper loading, overweight containers, misdeclared cargo, poor weight distribution or defective securing.

16. Verified Gross Mass and Cargo Weight

16.1. The customer is solely responsible for providing accurate Verified Gross Mass, cargo weight, package weight and container weight information in accordance with SOLAS VGM requirements and any applicable regulations.

16.2. SHIPPING FREIGHT COMPANY B.V. may rely on the VGM and weight information provided by the customer.

16.3. Any fines, penalties, delays, container rejection, terminal refusal, vessel non-loading, weighing charges, correction fees or related costs arising from incorrect or late VGM or weight declarations shall be for the account of the customer.

17. Dangerous Goods and Restricted Cargo

17.1. Dangerous goods, hazardous cargo, IMO cargo, lithium batteries, chemicals, flammable goods, explosives, radioactive material, corrosive goods, toxic substances or any restricted cargo may not be tendered without prior written disclosure and written acceptance by SHIPPING FREIGHT COMPANY B.V. and the relevant carrier.

17.2. The customer must provide all required dangerous goods declarations, safety data sheets, classifications, packing group details, emergency instructions, labels, marks and documentation.

17.3. SHIPPING FREIGHT COMPANY B.V. may refuse, suspend, cancel or return any shipment if dangerous or restricted cargo has not been properly declared, documented, packed, marked or accepted.

17.4. The customer shall indemnify SHIPPING FREIGHT COMPANY B.V. against all claims, fines, penalties, damage, loss, delay, emergency costs, environmental costs and legal costs arising from dangerous goods or restricted cargo.

18. Temperature-Controlled and Special Cargo

18.1. Temperature-controlled, refrigerated, frozen, pharmaceutical, food-grade, perishable, high-value, fragile, oversized, out-of-gauge, project cargo or other special cargo must be declared in writing before booking.

18.2. The customer must provide all required temperature settings, tolerances, handling instructions, cargo specifications and special requirements.

18.3. SHIPPING FREIGHT COMPANY B.V. shall not be liable for temperature deviation, reefer malfunction, improper pre-cooling, incorrect settings, power interruption, carrier refusal, delay or damage unless such liability cannot be excluded under mandatory law.

18.4. Any special equipment, reefer monitoring, genset, survey, inspection, lashing, escort, permit, storage or handling costs shall be for the account of the customer.

19. Customs, Export Control and Regulatory Compliance

19.1. The customer warrants that all goods, parties, documents, transactions, countries, origin, destination, routing, end-users and shipment-related activities comply with all applicable customs laws, export control regulations, import regulations, sanctions laws, trade restrictions and governmental requirements.

19.2. SHIPPING FREIGHT COMPANY B.V. may refuse, suspend, delay, cancel or terminate any shipment if it has reason to believe that the shipment may violate applicable laws, regulations, sanctions, export controls, customs requirements, carrier requirements or internal compliance policies.

19.3. The customer shall be responsible for all fines, penalties, customs claims, duties, taxes, seizures, delays, storage, inspections, legal costs and third-party claims arising from non-compliance.

20. Sanctions and Trade Compliance

20.1. The customer warrants that neither the customer, shipper, consignee, notify party, beneficial owner, end-user, supplier, buyer, cargo owner nor any other party involved in the shipment is subject to applicable sanctions or trade restrictions.

20.2. The customer further warrants that the goods are not prohibited, restricted or controlled in a manner that would prevent lawful transportation, export, import, transit, handling or delivery.

20.3. SHIPPING FREIGHT COMPANY B.V. reserves the right to screen shipment parties, cargo details, documents, routing and transactions against applicable sanctions, compliance databases and internal compliance procedures.

20.4. SHIPPING FREIGHT COMPANY B.V. may refuse, suspend, hold, inspect, return, cancel or terminate any shipment without liability if compliance concerns arise.

21. Inspection and Security

21.1. SHIPPING FREIGHT COMPANY B.V., carriers, terminals, customs authorities, port authorities, governmental authorities and other authorized parties may inspect, scan, x-ray, open, examine, weigh, measure or verify cargo where required.

21.2. All costs, delays, storage, handling charges, re-packing, re-sealing, inspection costs and related expenses arising from such inspection or security measures shall be for the account of the customer.

21.3. SHIPPING FREIGHT COMPANY B.V. shall not be liable for loss, damage, delay or additional costs resulting from inspections, customs examinations, security checks or governmental actions.

22. Cargo Insurance

22.1. Cargo insurance is not automatically included unless expressly confirmed in writing by SHIPPING FREIGHT COMPANY B.V.

22.2. If cargo insurance is requested by the customer and accepted by SHIPPING FREIGHT COMPANY B.V., such insurance shall be arranged subject to the terms, conditions, exclusions, deductibles and limitations of the relevant insurer.

22.3. If the customer declines or fails to request cargo insurance, the shipment shall move at the customer’s own risk and subject to the liability limitations applicable under the FENEX Conditions, carrier terms, international conventions and mandatory law.

22.4. The customer acknowledges that liability limitations may be significantly lower than the commercial value of the goods.

23. Liability of SHIPPING FREIGHT COMPANY B.V.

23.1. SHIPPING FREIGHT COMPANY B.V. shall only be liable to the extent liability arises under the applicable FENEX Conditions or mandatory applicable law.

23.2. SHIPPING FREIGHT COMPANY B.V. shall not be liable for acts, omissions, defaults, delays, loss, damage or negligence of Third Parties, except to the extent such liability cannot be excluded under mandatory law.

23.3. SHIPPING FREIGHT COMPANY B.V. shall not be liable for indirect loss, consequential loss, loss of profit, loss of market, loss of sales, loss of production, loss of business opportunity, contractual penalties, reputational damage or any other indirect or consequential damage.

23.4. SHIPPING FREIGHT COMPANY B.V. shall not be liable for delay unless mandatory law provides otherwise.

23.5. If SHIPPING FREIGHT COMPANY B.V. is found liable, its liability shall be limited in accordance with the FENEX Conditions and any applicable mandatory conventions or laws.

24. Liability of Carriers and Other Performing Parties

24.1. Where the loss, damage, delay or claim occurred during a stage of carriage performed by an ocean carrier, road carrier, rail operator, barge operator, terminal, warehouse or other Third Party, the liability of such party shall be determined by its own terms and conditions and by any applicable mandatory convention or law.

24.2. Such conventions may include, where applicable, the Hague Rules, Hague-Visby Rules, CMR Convention or other mandatory transport regimes.

24.3. SHIPPING FREIGHT COMPANY B.V. may, at its discretion and without assuming liability, assist the customer in presenting claims to carriers or other Third Parties.

25. Notice of Claims

25.1. The customer must notify SHIPPING FREIGHT COMPANY B.V. in writing immediately upon discovery of any loss, damage, shortage, delay, customs issue, delivery discrepancy or potential claim.

25.2. Visible loss or damage must be noted at the time of delivery on the relevant delivery document, proof of delivery, CMR, terminal release, interchange receipt or other receipt document.

25.3. Failure to provide timely written notice and supporting documents may prejudice or invalidate the customer’s claim.

25.4. The customer must provide all relevant documents, including invoices, packing lists, photos, delivery notes, survey reports, claim statements, customs documents and evidence of cargo value.

26. Time Bar

26.1. Any claim against SHIPPING FREIGHT COMPANY B.V. must be brought within the time limits set out in the applicable FENEX Conditions and/or mandatory applicable law.

26.2. Where a claim is subject to a carrier’s bill of lading, sea waybill, terminal terms, road carrier terms or other Third-Party terms, shorter notice periods or time bars may apply.

26.3. The customer is responsible for protecting all applicable claim deadlines against carriers, insurers, terminals and Third Parties.

27. Delay and No Guaranteed Delivery

27.1. SHIPPING FREIGHT COMPANY B.V. does not guarantee vessel departure, vessel arrival, cargo availability, customs clearance time, port release, delivery time or final delivery date.

27.2. Any ETD, ETA, transit time, delivery date or schedule provided is indicative only.

27.3. SHIPPING FREIGHT COMPANY B.V. shall not be liable for delay caused by carriers, terminals, customs authorities, port congestion, weather, strikes, equipment shortages, inspections, documentation issues, compliance checks, governmental measures or other circumstances beyond its reasonable control.

28. Force Majeure

28.1. SHIPPING FREIGHT COMPANY B.V. shall not be liable for failure, delay, disruption, cost increase or non-performance caused by circumstances beyond its reasonable control.

28.2. Such circumstances include, without limitation, war, terrorism, piracy, sanctions, embargoes, strikes, labor disputes, port congestion, terminal congestion, carrier cancellations, blank sailings, vessel delays, equipment shortages, customs holds, governmental measures, pandemics, epidemics, natural disasters, severe weather, cyber incidents, accidents, fire, explosions, civil unrest and market disruptions.

28.3. In such circumstances, SHIPPING FREIGHT COMPANY B.V. may amend, suspend, cancel, re-route, re-quote or renegotiate any service, quotation or booking without liability.

29. Abandoned, Unclaimed or Refused Cargo

29.1. If cargo is refused, abandoned, unclaimed, not cleared, not collected or not delivered due to customer default, consignee refusal, customs issue, documentation issue or any other reason not caused by SHIPPING FREIGHT COMPANY B.V., all resulting charges shall be for the account of the customer.

29.2. Such charges may include storage, demurrage, detention, disposal, destruction, return freight, customs penalties, legal costs, terminal charges and carrier costs.

29.3. SHIPPING FREIGHT COMPANY B.V. may take such measures as it considers commercially reasonable to protect its position and mitigate further costs, including arranging storage, return, disposal or sale, subject to applicable law and the FENEX Conditions.

30. Confidentiality

30.1. All quotations, rates, pricing structures, carrier details, routing solutions, commercial conditions, operational methods, customer-specific arrangements and business information provided by SHIPPING FREIGHT COMPANY B.V. are confidential.

30.2. The customer shall not disclose such information to competitors, carriers, agents, brokers, intermediaries or third parties without prior written consent from SHIPPING FREIGHT COMPANY B.V.

30.3. Unauthorized use, copying, forwarding, disclosure or distribution of quotations or commercial information is strictly prohibited.

31. Electronic Communication and Acceptance

31.1. The customer accepts that email, online forms, CRM portals, electronic signatures, digital approvals, booking instructions and other electronic communications may be used for operational and contractual purposes.

31.2. Instructions, approvals, confirmations or acceptances sent electronically shall be treated as valid and binding unless the customer immediately objects in writing.

31.3. SHIPPING FREIGHT COMPANY B.V. shall be entitled to rely on instructions received from the customer’s employees, representatives, agents, email addresses, systems or authorized communication channels.

32. Indemnity

32.1. The customer shall indemnify and hold SHIPPING FREIGHT COMPANY B.V. harmless against all claims, losses, penalties, fines, liabilities, damages, costs and expenses arising from:

1. inaccurate cargo information;
   b. incorrect or late documents;
   c. customs or regulatory non-compliance;
   d. sanctions or export control violations;
   e. dangerous goods or undeclared cargo;
   f. improper packing, loading or securing;
   g. overweight containers or incorrect VGM;
   h. non-payment or late payment;
   i. abandoned or refused cargo;
   j. claims by shippers, consignees, cargo owners or third parties;
   k. any breach of these Terms by the customer or Merchant.
2. No Waiver

33.1. Failure by SHIPPING FREIGHT COMPANY B.V. to enforce any provision of these Terms shall not constitute a waiver of that provision or of any other right.

33.2. Any waiver, amendment or deviation from these Terms shall be valid only if expressly agreed in writing by an authorized representative of SHIPPING FREIGHT COMPANY B.V.

34. Severability

34.1. If any provision of these Terms is held to be invalid, unlawful or unenforceable, the remaining provisions shall remain valid and enforceable.

34.2. The invalid or unenforceable provision shall be replaced by a valid provision that most closely reflects the commercial and legal intention of the original provision.

35. Governing Law and Dispute Resolution

35.1. These Terms, and all services performed or arranged by SHIPPING FREIGHT COMPANY B.V., shall be governed by Dutch law, unless mandatory law provides otherwise.

35.2. Any dispute arising out of or in connection with quotations, bookings, services, invoices, cargo, claims or any other activity performed or arranged by SHIPPING FREIGHT COMPANY B.V. shall be resolved in accordance with the dispute resolution provisions of the applicable FENEX Conditions, including the arbitration clause, unless mandatory law provides otherwise.

35.3. SHIPPING FREIGHT COMPANY B.V. reserves the right to bring debt collection proceedings, payment claims, lien enforcement actions or urgent protective measures before any competent court where permitted by applicable law.

36. Entire Agreement

36.1. These Terms, together with the applicable quotation, booking confirmation, invoice, FENEX Conditions, carrier terms and any written agreement signed by SHIPPING FREIGHT COMPANY B.V., constitute the contractual framework governing the Services.

36.2. In the event of inconsistency between these Terms and any customer purchase order, customer standard terms, email footer, portal terms or other customer document, these Terms shall prevail unless SHIPPING FREIGHT COMPANY B.V. expressly agrees otherwise in writing.

36.3. Customer terms and conditions shall not apply unless expressly accepted in writing by SHIPPING FREIGHT COMPANY B.V.

37. Company Details

SHIPPING FREIGHT COMPANY B.V.
Beechavenue 54-62
1119 PW Schiphol-Rijk
The Netherlands
KVK: 93332521 | VAT: NL866359229B01

Website: shippingfreightcom.com
Email: desk@shippingfreightcom.com

EU GLOBAL FORWARDING GENERAL TERMS & CONDITIONS

Clause 1 General provisions

1.1     These Global Forwarding Services General Terms and Conditions (“General Terms and Conditions”) shall apply to all offers made and contracts entered into by SHIPPING FREIGHT COMPANY B.V., on behalf of itself and/or entered into by it on behalf of its affiliates and/or subsidiaries, all hereinafter referred to individually and jointly as “SFC”— such offers and contracts related to the provision of ocean and/or air freight forwarding services, ocean and/or air international transportation services, and the associated and supporting ground transportation related to such freight forwarding and/or international transportation services, and to all legal and factual acts performed in fulfillment of the above or in connection therewith. These General Terms and Conditions shall also apply mutatis mutandis in situations where one of SFC’s offices abroad is to be regarded as the commissionee rather than SFCitself.
1.2     Except where explicitly agreed otherwise in writing, the applicability of general terms and conditions stipulated by the client shall be precluded.
1.3     The annulment or nullification of any provision in these General Terms and Conditions shall not affect the validity of the remaining provisions.
1.4     All offers made by SFC shall be without obligation and their revocation shall not be subject to any prescribed form, even where already accepted by the client. However, where SFC wishes to revoke an offer that has already been accepted by the client, it shall do this immediately.
1.5     SFC shall only be bound by any change(s) or addition(s) to an instruction where it has confirmed said change(s) or addition(s) in writing.
1.6     Subject to Clause 1.7, all contracts entered into between SFC and its client for the carriage of goods shall be forwarding contracts, in which SFC,in its role as forwarder, shall undertake to enter into one or more contracts of carriage on its client’s behalf, for the carriage of goods to be made available by the client.
1.7.     Only if SFC issues ocean house bill of lading with the accompanying SFC terms and conditions’ in which bill of lading SFC is indicated as carrier, SFC is acting as a non-vessel operating common carrier or only if SFC issues an air house bill of lading with the accompanying ‘IATA terms and conditions’ in which air house bill of lading SFC is indicated as carrier, SFC is acting as an indirect air carrier.

Clause 2 Applicability of other conditions (Dutch Forwarding Conditions, SFC terms
and conditions, IATA terms and conditions

2.1     Except where deviated from in these General Terms and Conditions or as otherwise expressly set forth herein, the Dutch Forwarding Conditions [Nederlandse Expeditievoorwaarden] with the exception of the arbitration clause (Article 23) shall apply to all forms of service provided by SFC even if these services are performed to a transport order except when Clause 1.7 applies. These Forwarding Conditions are attached to SFC’s General Terms and Conditions as Annex 1.
2.2     Where SFC is acting as a non-vessel operating common carrier pursuant to Clause 1.7 and issues a house bill of lading and the accompanying terms and conditions of service (“SFC terms and conditions”), such SFC terms and conditions shall apply. These SFC terms and conditions contain a jurisdiction clause stating that all lawsuits arising out of or related to carriage provided under the Bill of Lading shall be brought in the United States District Court for the District of Delaware.
2.3     Where SFC is acting as an indirect air carrier pursuant to Clause 1.7 and issues an air house bill of lading and the accompanying IATA terms and conditions of service (“IATA terms and conditions”), such IATA terms and conditions shall apply.
2.4     The Dutch forwarding conditions, and, where applicable, the SFC terms and conditions or IATA terms and conditions shall be deemed to form an integral part of these General Terms and Conditions.

Clause 3 Performance of the contract

SFC shall be free to determine the method used for performance of the instruction issued to it, except where it has accepted specific instructions in this respect from the client. Wherever possible, SFC shall take into account the client’s wishes with regard to the date, time, and duration of the performance, but shall not provide any guarantee whatsoever in this respect.

Clause 4 Obligations arising for the client

4.1     Notwithstanding the client’s obligation to perform the contract entered into, which obligation arises for it by law, pursuant to conventions and treaties, or by virtue of the Dutch forwarding conditions or any agreements made, the following obligations shall apply in particular with regard to the provision of information and documents and the packaging of goods presented for carriage.
4.2     The client shall be obliged to provide SFC with timely notice of information pertaining to the goods and the handling thereof, which information the client knows or should know to be important for the carrier, including, in particular, the weight and dimensions of said goods. The client shall guarantee the correctness of the information provided by it.
4.3     The client shall guarantee the availability of all documents necessary for the performance of the instruction, except where agreed that SFC shall provide said documents. The client shall also guarantee the correctness and completeness of the information stated in the aforementioned documents.
4.4     Bearing in mind the intended method of carriage and handling, the client shall be obliged to ensure that the goods have been packaged correctly and adequately.
4.5     The client shall ensure that the goods to be carried are ready for loading and are loaded at the time and place agreed. Where no agreement has been made as to the exact time of loading, the client shall ensure that loading commences as soon as possible, no later than two hours after the arrival of the means of transport in question.
4.6     If damage to or the loss of the goods carried is determined after delivery, or delivery is not effected at all, the client shall inform SFC of this fact as soon as possible, and shall send SFC documents evidencing the consignment value of the goods damaged and/or lost within the period identified within the SFC terms and conditions or the IATA terms and conditions, as applicable, or if either of those terms are not applicable, within three months of the date on which the damage or loss in question is determined.
4.7     In addition the client is obliged to indemnify and hold harmless SFC against any claims by whatever name, from whichever person, legal or private, concerning the latest version of:
• The (EC) Regulation No. l907 / 2006 of December 18th 2006, concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH);
• The (EC) Regulation No. 1272 / 2008 of December 16th 2008, concerning the classification, labelling and packaging of substances and mixtures.
• The Wages and Salaries Tax and Social Security Contributions (Liability of Subcontractors) Act [‘Wet Ketenaansprakelijkheid’];
• The Act on Environmental tax base, [‘Wet belastingen op milieugrondslag’];
• Or similar regulations or legislation.

Clause 5 Right of refusal

5.1     SFC shall reserve the right to terminate a contract where:
a. the carriage to which the contract relates is prohibited by any law or regulations applicable in the country of dispatch, the country designated for delivery, or any other country through which carriage is to be effected;
b. the client fails to fulfill the payment obligations arising for it from a different contract with SFC;
c. data pertaining to weight and/or dimensions are incorrect, as a consequence of which the intended method of carriage (including the use of the vehicle and/or other equipment intended) and/or the handling is no longer possible or permitted;
d. SFC has any other valid reason to terminate the contract in question.

Clause 6 Hazardous substances

6.1     Notwithstanding the provisions of Clause 4, the client shall also be obliged, with regard to hazardous substances, to provide a written specification of the regulations to be observed according to applicable legislation and/or other government regulations. A hazardous substance shall be understood to mean a substance known to possess properties that are such that it constitutes a specific danger of a serious nature for people or goods, including, in any event, substances that are explosive, inflammable, oxidizing, or toxic.
6.2     Notwithstanding the provisions of Clause 5, SFC shall reserve the right to refuse performance of an instruction accepted by it for the forwarding of hazardous substances where SFC has sound reasons to do so in connection with the nature of the substances in question, or, depending on the route chosen and/or the destination agreed upon, to charge a hazardous duty surcharge where the carrier instructed to effect carriage imposes said surcharge on SFC.

Clause 7 Customs formalities

Except where agreed otherwise in writing, the client shall be responsible for all relevant customs formalities and shall ensure that said formalities are fulfilled. SFC is not liable for any claims arising out of or in connection with the performance of such customs formalities and the client shall be obliged to indemnify and hold harmless SFC against all third party claims related to the performance of the customs formalities.

Clause 8

Container demurrage and/or detention
The client is always liable for any demurrage and/or detention rates to be paid for containers used for the services and the client is obliged to indemnify and hold harmless SFC against all and any third party claims related to demurrage and/or detention of containers.

Clause 9 Liability

9.1     The Dutch Forwarding Conditions and Article 11 of said conditions in particular (Annex 1), shall apply to the liability arising for SFC unless the SFC terms and conditions or the IATA terms and conditions apply pursuant to Clause 1.7 and Clause 2.2 or Clause 2.3 of SFC’s General Terms and Conditions. Only if and insofar as SFC is unable to invoke the Dutch Forwarding Conditions, for whatever reason, the following shall apply.
9.2    SFC shall not be liable for any damage, including but not limited to damage to the goods and/or damage caused by the goods or the handling thereof, save where the client proves that the damage was caused as a result of an act or omission on the part of the board or management of SFC, done either with the intent to cause that damage or recklessly and with the knowledge that such damage would probably result therefrom. Any liability of SFC shall in any event never exceed a maximum of USD 100,000.- for each occurrence or series of occurrences with the same cause. Damage shall also be understood to include damage to third parties which SFC is obliged to compensate and/or damage caused by death or injury and any form of financial loss.
9.3    The client shall be obliged to compensate SFC for any damage caused to SFC in the performance of its services, including but not limited to damage caused by material or goods provided by the client to SFC for the purpose of executing the agreement and/or damage caused as a result of handling that material or those goods, save where the damage was caused as a result of an act or omission on the part of the board or management of SFC, done either with the intent to cause that damage or recklessly and with the knowledge that such damage would probably result therefrom. Damage shall also be understood to include damage to third parties which SFC is obliged to compensate; damage shall also be understood to include damage caused by death or injury and any form of financial loss.
9.4    SFC shall never be liable for consequential and/or immaterial damage or loss of profit, incurred by the client. Losses of demurrage of any means of transport (floating or rolling) or dispatch money are deemed to be consequential damage; loss of demurrage and/or detention of any containers are also deemed to be consequential damage.
9.5    The client shall be obliged to indemnify and hold harmless SFC against all third party claims relating to damage caused as a result of the services performed by SFC, save where such damage is caused as a result of an act or omission on the part of the board or management of SFC, done either with the intent to cause that damage or recklessly and with the knowledge that such damage would probably result therefrom.   The client shall be obliged to indemnify and hold harmless SFC at all times and in all cases against third-party claims exceeding the total sum of USD 100,000.- for each occurrence or series of occurrences with the same cause. Damage shall also be understood to include damage to third parties which SFC is obliged to compensate; damage shall also be understood to include damage caused by death or injury and any form of financial loss.
9.6    Should employees of SFC and/or subcontractors whose services SFC employs for the purpose of implementing the agreement be held liable, such persons shall be entitled to invoke any limitation of and/or exemption from liability included in these General Terms and Conditions (including the terms and conditions cited in Clause 2) or any other statutory or contractual provision.
9.7    By special arrangement mutually agreed in writing, SFC may accept liability in excess of the limits set out in this Clause 9 provided that the client shall pay to SFC additional charges as decided by SFC from time to time. Details of the additional charges will be provided upon written request by the client.
9.8     All and any services provided by SFC gratuitously are provided on the basis that SFC will not accept any liability whatsoever.
9.9   It is agreed that superficial rust, oxidation, discoloration, 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 representation that such conditions of rust, oxidation, discoloration, or the like did not exist on receipt.

Clause 10 Prices

Prices shall be based on the rates applicable at the time at which the contract is concluded. Where one or more cost price factors subsequently increase and/or where the value of the euro changes in relation to other foreign currencies and/or where the level of taxation changes, SFC shall be entitled to increase the original price accordingly.

Clause 11 Payment

11.1   Except where agreed otherwise in writing, no credit is granted by SFC to client and payment shall be due in advance of providing services, to a bank account designated by SFC.
11.2   Where the client fails to effect payment on time, it shall be in default by operation of law without any notice of default being required. Commencing on the date following that on which the term of payment expired, the client shall be charged an interest payment amounting to 1.5% per month on the amount outstanding, with part of a month also being calculated as a full month.
11.3    Where the client is in default and has been issued with a written notice of default, all losses and costs sustained in respect of collection shall also be for its account, whether sustained judicially or extrajudicially. The extrajudicial collection costs in respect of the amount due shall be fixed at 15% of the principal sum, with a minimum of € 150.-.
11.4   Except where deviated from in this Clause 11, Article 17 and Article 18 of the Dutch Forwarding Conditions shall apply unimpaired.

Clause 12 Complaints

12.1   Any complaints on the service provided by SFC shall be submitted in writing to the Central Claims and Quality Department, Beechavenue 54-62, 1119 PW Schiphol-Rijk. The Netherlands, or shall be emailed to ushakov@shippingfreightcom.com
12.2    The submission of complaints shall never release the client from its payment obligation.

GLOBAL AIR FREIGHT FORWARDING TERMS AND CONDITIONS OF SERVICE

SHIPPING FREIGHT COMPANY B.V.

TERMS AND CONDITIONS OF SERVICE

These Global Air Freight Forwarding Terms and Conditions of Service apply to all air freight forwarding services, quotations, bookings, arrangements, communications, instructions, logistics services and related activities provided or arranged by SHIPPING FREIGHT COMPANY B.V., unless expressly agreed otherwise in writing by an authorized representative of SHIPPING FREIGHT COMPANY B.V.

For the purpose of these Terms, references to “Air Freight” include international air freight, air cargo forwarding, airport-to-airport, door-to-airport, airport-to-door, door-to-door, express air freight, air cargo consolidation, airport handling coordination, customs-related assistance, inland pre-carriage, inland on-carriage and related multimodal logistics services arranged by SHIPPING FREIGHT COMPANY B.V.

1. Status of SHIPPING FREIGHT COMPANY B.V.

1.1. SHIPPING FREIGHT COMPANY B.V. acts solely as a freight forwarder, logistics intermediary and arranging party, and not as an air carrier, airline, aircraft operator, warehouseman, airport terminal operator, ground handling agent, customs authority, security screening provider or performing carrier, unless expressly agreed otherwise in writing.

1.2. SHIPPING FREIGHT COMPANY B.V. arranges air transportation and related logistics services on behalf of the customer by engaging airlines, air carriers, road carriers, airport terminals, ground handling agents, customs brokers, warehouses, security screening providers, agents and other third-party service providers.

1.3. No provision of these Terms shall be interpreted as creating an obligation for SHIPPING FREIGHT COMPANY B.V. to physically carry, store, screen, handle or perform the transportation of goods itself.

1.4. Any Air Waybill, House Air Waybill, Master Air Waybill, carrier receipt, delivery order, terminal release, customs document or other transport document issued by an airline, air carrier, ground handling agent, terminal, agent or subcontractor shall remain subject to the respective terms and conditions of that issuing party.

2. Application of FENEX Conditions

2.1. All services, quotations, bookings, arrangements, communications, instructions, customs-related assistance, documentation and related activities performed or arranged by SHIPPING FREIGHT COMPANY B.V. are subject to the latest version of the Dutch Forwarding Conditions, also known as the FENEX Conditions, including the arbitration clause, unless mandatory law provides otherwise.

2.2. The FENEX Conditions shall apply in addition to these Global Air Freight Forwarding Terms and Conditions of Service.

2.3. In the event of any conflict between these Terms and the FENEX Conditions, the FENEX Conditions shall prevail to the extent required, unless SHIPPING FREIGHT COMPANY B.V. expressly agrees otherwise in writing.

2.4. The customer acknowledges that SHIPPING FREIGHT COMPANY B.V. performs forwarding activities as a Dutch freight forwarder and that the FENEX Conditions form an essential part of the contractual relationship between the customer and SHIPPING FREIGHT COMPANY B.V.

3. Notice Concerning Carrier’s Limitation of Liability

3.1. If the carriage involves an ultimate destination or stop in a country other than the country of departure, the Montreal Convention or the Warsaw Convention may apply to the liability of the actual air carrier in respect of loss of, damage to, or delay of cargo.

3.2. The liability of the actual air carrier shall be governed by the applicable Air Waybill, airline conditions of carriage, applicable tariffs, mandatory international conventions and applicable law.

3.3. Unless a higher value is declared and accepted by the relevant carrier, and any required supplementary charge is paid, air carrier liability for cargo may be limited under the applicable convention, carrier conditions or mandatory law.

3.4. The customer acknowledges that such liability limitations may be significantly lower than the commercial or invoice value of the goods. The customer is therefore advised to arrange appropriate cargo insurance.

4. Definitions

For the purpose of these Terms:

4.1. “Company” means SHIPPING FREIGHT COMPANY B.V.

4.2. “Customer” means the party requesting, ordering, booking, accepting or paying for services from SHIPPING FREIGHT COMPANY B.V., including the shipper, consignee, exporter, importer, cargo owner, booking party, payer, receiver, principal, agent or any person acting on behalf of such parties.

4.3. “Merchant” means the shipper, consignee, consignor, receiver, cargo owner, holder of any transport document, exporter, importer, booking party, beneficial owner of the goods and any person having an interest in the goods.

4.4. “Goods” means cargo, packages, pallets, units, containers, documents and any related cargo interests handled, arranged or coordinated by SHIPPING FREIGHT COMPANY B.V.

4.5. “Services” means air freight forwarding, logistics coordination, booking assistance, documentation, customs-related assistance, airport handling coordination, inland transportation arrangements, cargo release coordination, cargo insurance arrangement if agreed, and any related service arranged by SHIPPING FREIGHT COMPANY B.V.

4.6. “Third Parties” means airlines, air carriers, road carriers, airport terminals, ground handling agents, customs brokers, warehouses, security screening providers, agents, insurers, surveyors, inspection companies and any other subcontractors or service providers engaged directly or indirectly in connection with the Services.

4.7. “Charges” means all freight, local charges, airport charges, handling charges, security charges, customs-related costs, duties, taxes, storage, screening costs, inspection costs, documentation fees, administrative charges, legal costs, collection costs, third-party charges and any other monetary obligations arising in connection with the Services.

4.8. “SDR” means Special Drawing Right as defined by the International Monetary Fund.

4.9. “Warsaw Convention” means the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw on 12 October 1929, including any applicable amendments or protocols.

4.10. “Montreal Convention” means the Convention for the Unification of Certain Rules for International Carriage by Air, done at Montreal on 28 May 1999.

5. Quotations and Booking Acceptance

5.1. All quotations issued by SHIPPING FREIGHT COMPANY B.V. are non-binding unless expressly stated otherwise in writing.

5.2. All quotations are based on the information provided by the customer and on market conditions, airline availability, aircraft capacity, cargo characteristics, routing, airport conditions, exchange rates, fuel costs, security charges, handling charges, carrier tariffs and other cost factors applicable at the time of quotation.

5.3. A quotation may be amended, withdrawn, suspended or cancelled by SHIPPING FREIGHT COMPANY B.V. at any time before written booking confirmation is issued by SHIPPING FREIGHT COMPANY B.V.

5.4. The booking of cargo, issuance of shipping instructions, delivery of cargo for shipment, acceptance of a quotation, payment of an invoice or instruction to proceed shall constitute acceptance of these Terms and all applicable charges.

5.5. Any validity period stated in a quotation applies only to the quoted rate and only for the stated period. It does not guarantee space, aircraft capacity, equipment, routing, schedule, transit time, departure date, arrival date, cargo cut-off acceptance or final carrier acceptance.

5.6. Any quotation may be revised if the actual cargo details, weight, volumetric weight, dimensions, commodity, HS code, packaging, cargo readiness date, routing, origin, destination, delivery address, customs status or service requirements differ from the information originally provided.

6. Air Carrier Acceptance, Space and Capacity

6.1. All air freight bookings are subject to final acceptance by the relevant airline, air carrier, airport terminal, ground handling agent, customs authority, security screening provider and any other relevant third party.

6.2. SHIPPING FREIGHT COMPANY B.V. does not guarantee airline space, aircraft capacity, acceptance of cargo, cargo cut-off, loading on a specific flight, departure date, arrival date or delivery date.

6.3. If a carrier rejects, delays, rolls, cancels, offloads, re-routes or amends a booking, SHIPPING FREIGHT COMPANY B.V. may attempt to arrange an alternative solution, but shall not be liable for additional charges, delay, storage, rate increases or other costs arising from such circumstances.

7. Transit Times, Schedules and Routing

7.1. Any transit times, flight schedules, departure dates, arrival dates, connection times, cargo cut-off times, ETD, ETA or delivery dates provided to the customer are estimates only and are not guaranteed.

7.2. Actual transit times may vary due to airline schedules, aircraft capacity, airport congestion, customs clearance, security screening, weather conditions, operational changes, force majeure events, governmental measures, documentation issues or other circumstances beyond the control of SHIPPING FREIGHT COMPANY B.V.

7.3. Unless expressly agreed otherwise in writing, airline selection, routing, airport, transit point, ground handler, warehouse, customs broker and subcontractor selection shall remain at the discretion of SHIPPING FREIGHT COMPANY B.V.

7.4. SHIPPING FREIGHT COMPANY B.V. may arrange carriage by direct or indirect routing, consolidation, transshipment, alternative airlines, alternative airports, road feeder service or other commercially reasonable transport solutions.

8. Customer Instructions and Accuracy of Information

8.1. The customer is solely responsible for providing complete, accurate and timely instructions and information required for the performance of the Services.

8.2. Such information includes, without limitation, cargo description, commodity, HS code, weight, dimensions, package count, cargo value, Incoterms, shipper details, consignee details, notify party, customs status, origin, destination, loading address, delivery address, special handling requirements, hazardous nature, lithium battery content, temperature requirements and any regulatory restrictions.

8.3. SHIPPING FREIGHT COMPANY B.V. shall be entitled to rely on the information provided by the customer without independent verification.

8.4. The customer shall indemnify and hold SHIPPING FREIGHT COMPANY B.V. harmless against all claims, fines, penalties, losses, delays, customs issues, inspections, storage, carrier charges, legal costs and third-party costs arising from inaccurate, incomplete, late, misleading or non-compliant information.

9. Documentation Responsibility

9.1. The customer is solely responsible for providing all documents required for export, import, customs clearance, transit, security screening, compliance, cargo release and delivery.

9.2. Such documents may include commercial invoices, packing lists, certificates of origin, HS codes, EORI / VAT information, export declarations, import declarations, licenses, permits, customs authorizations, dangerous goods declarations, safety data sheets, lithium battery declarations, temperature instructions, end-user statements, certificates and any other documents required by law, by carriers or by authorities.

9.3. SHIPPING FREIGHT COMPANY B.V. shall not be liable for delays, penalties, customs fines, inspections, storage, seizure, refusal of cargo, cargo holds, carrier rejection, non-release or additional costs arising from incomplete, incorrect, late or missing documents.

9.4. If SHIPPING FREIGHT COMPANY B.V. assists with customs-related formalities, such assistance shall be performed based on information and documents supplied by the customer and shall not relieve the customer from responsibility for accuracy and compliance.

10. Chargeable Weight, Re-Weighing and Re-Measurement

10.1. All air freight rates are based on chargeable weight, calculated according to applicable airline, IATA, carrier, industry or quotation standards, unless otherwise stated in writing.

10.2. The chargeable weight may be based on actual gross weight, volumetric weight or another applicable carrier calculation method, whichever is greater or otherwise applicable.

10.3. Prior to movement, each shipment may be subject to re-weighing and re-measurement by SHIPPING FREIGHT COMPANY B.V., airlines, ground handling agents, airport terminals, customs authorities or designated subcontractors.

10.4. If the actual cargo weight, volumetric weight, dimensions, commodity, cargo nature, packaging or other freight characteristics differ from the information originally provided, the quotation shall be revised accordingly and all additional charges shall be for the account of the customer.

11. Packaging, Marking and Suitability of Cargo

11.1. The customer warrants that all goods are properly packed, marked, labelled, secured, palletized where applicable and prepared for international air transportation, road transport, handling, loading, unloading, screening, airport storage and onward movement.

11.2. Packaging must be suitable for normal transport risks, handling operations, airport procedures, security screening, stacking, vibration, temperature exposure and multimodal movement.

11.3. SHIPPING FREIGHT COMPANY B.V. shall not be liable for loss, damage, delay, refusal, rejection or additional charges resulting from insufficient, unsuitable, defective or non-compliant packaging.

11.4. The customer shall be liable for any damage, injury, fines, penalties, delay or additional costs caused by improper packing, labelling, marking, securing or preparation of the goods.

12. Dangerous Goods, Lithium Batteries and Restricted Cargo

12.1. Dangerous goods, hazardous cargo, lithium batteries, chemicals, flammable goods, explosives, radioactive material, corrosive goods, toxic substances, magnetized material, biological substances or any restricted cargo may not be tendered without prior written disclosure and written acceptance by SHIPPING FREIGHT COMPANY B.V. and the relevant airline or carrier.

12.2. The customer must provide all required dangerous goods declarations, safety data sheets, classifications, UN numbers, packing group details, lithium battery declarations, emergency instructions, labels, marks and documentation.

12.3. SHIPPING FREIGHT COMPANY B.V. may refuse, suspend, cancel, return or hold any shipment if dangerous, restricted or regulated cargo has not been properly declared, documented, packed, marked, labelled or accepted by the relevant carrier.

12.4. The customer shall indemnify SHIPPING FREIGHT COMPANY B.V. against all claims, fines, penalties, damage, loss, delay, emergency costs, environmental costs, aircraft-related costs, handling costs and legal costs arising from dangerous goods, lithium batteries or restricted cargo.

13. Temperature-Controlled, Perishable and Special Cargo

13.1. Temperature-controlled, refrigerated, frozen, pharmaceutical, medical, perishable, high-value, fragile, oversized, time-critical, live animal or other special cargo must be declared in writing before booking.

13.2. The customer must provide all required temperature settings, tolerances, handling instructions, cargo specifications, packaging instructions and special requirements.

13.3. SHIPPING FREIGHT COMPANY B.V. shall not be liable for temperature deviation, carrier refusal, airport delay, handling delay, improper pre-cooling, incorrect settings, packaging failure, power interruption, storage condition, delay or damage unless such liability cannot be excluded under mandatory law.

13.4. Any special handling, temperature monitoring, dry ice, active container, passive packaging, survey, inspection, storage, screening or handling costs shall be for the account of the customer.

14. Sanctions, Export Control and Trade Compliance

14.1. The customer warrants that all goods, parties, documents, transactions, countries, origin, destination, routing, end-users and shipment-related activities comply with all applicable sanctions laws, export control regulations, customs regulations, aviation security rules, trade compliance requirements and governmental restrictions.

14.2. This includes, without limitation, regulations imposed by the European Union, the United States, the United Kingdom, the United Nations and any other applicable authority.

14.3. The customer warrants that neither the customer, shipper, consignee, notify party, beneficial owner, end-user, supplier, buyer, cargo owner nor any other party involved in the shipment is subject to applicable sanctions or trade restrictions.

14.4. SHIPPING FREIGHT COMPANY B.V. reserves the right to screen shipment parties, cargo details, documents, routing and transactions against applicable sanctions, compliance databases and internal compliance procedures.

14.5. SHIPPING FREIGHT COMPANY B.V. may refuse, suspend, hold, inspect, return, cancel or terminate any shipment without liability if compliance concerns arise.

14.6. The customer shall be responsible for all fines, penalties, customs claims, duties, taxes, seizures, delays, storage, inspections, legal costs and third-party claims arising from non-compliance.

15. Security Screening and Inspection

15.1. SHIPPING FREIGHT COMPANY B.V., airlines, air carriers, airport authorities, ground handling agents, customs authorities, governmental authorities and other authorized parties may inspect, scan, x-ray, open, examine, weigh, measure, verify or screen cargo where required.

15.2. All costs, delays, storage, handling charges, re-packing, re-sealing, inspection costs and related expenses arising from such inspection or security measures shall be for the account of the customer.

15.3. SHIPPING FREIGHT COMPANY B.V. shall not be liable for loss, damage, delay, refusal of cargo or additional costs resulting from inspections, customs examinations, aviation security checks, screening procedures or governmental actions.

16. Subcontractors and Third-Party Terms

16.1. SHIPPING FREIGHT COMPANY B.V. has the unrestricted right to select, appoint, substitute and subcontract any Third Party necessary or appropriate for the performance of the Services.

16.2. The customer authorizes SHIPPING FREIGHT COMPANY B.V. to engage Third Parties and to accept their terms and conditions, tariffs, air waybills, house air waybills, master air waybills, warehouse terms, handling conditions, terminal rules, carrier conditions and liability limitations on behalf of and at the risk and expense of the customer.

16.3. SHIPPING FREIGHT COMPANY B.V. shall not be liable for any act, omission, delay, default, negligence, insolvency, operational failure or breach by any Third Party, except to the extent liability cannot be excluded under mandatory law.

16.4. All claims related to physical carriage, airport operations, storage, security screening, customs inspections, handling or inland transportation may be subject to the terms and liability limitations of the relevant performing Third Party.

17. Freight, Charges and Rate Adjustments

17.1. Freight and Charges shall be payable in accordance with the quotation, booking confirmation, invoice or agreed payment terms.

17.2. All quotations are subject to surcharges, accessorials and third-party charges applicable at the time of shipment execution, including but not limited to fuel surcharge, security surcharge, airline handling charges, airport terminal charges, screening fees, customs-related charges, storage, x-ray charges, dangerous goods fees, lithium battery fees, oversized cargo fees, remote area charges and other carrier or third-party costs.

17.3. If any cost factor increases between the date of quotation and the date of shipment execution, SHIPPING FREIGHT COMPANY B.V. reserves the right to pass such increase to the customer.

17.4. All foreign services are quoted based on exchange rates applicable at the time of quotation and may be adjusted due to exchange rate fluctuations, banking charges or currency conversion costs.

17.5. Unless expressly agreed otherwise in writing, duties, taxes, VAT, customs duties, governmental charges, inspections, customs examinations, storage and third-party charges are not included in freight quotations.

18. Payment and Release of Cargo

18.1. All invoices issued by SHIPPING FREIGHT COMPANY B.V. are payable strictly in accordance with the payment terms stated on the invoice.

18.2. Unless otherwise agreed in writing, all freight, local charges, customs-related charges, duties, taxes, storage, handling, security fees, airline charges and related costs must be paid before cargo release, document release, delivery order release or final delivery.

18.3. SHIPPING FREIGHT COMPANY B.V. reserves the right to suspend services, withhold cargo, documents, air waybills, release instructions, delivery orders or shipment information in the event of overdue balances, payment disputes, insufficient credit approval, exceeded credit limits or any outstanding financial obligations.

18.4. Payment to a third party, broker, agent or intermediary shall not be deemed payment to SHIPPING FREIGHT COMPANY B.V. unless such party has been expressly authorized in writing by SHIPPING FREIGHT COMPANY B.V. to receive payment on its behalf.

18.5. All legal fees, debt collection costs, recovery expenses, storage costs, carrier penalties, airline charges, airport charges, administrative costs and third-party costs incurred due to late payment, non-payment or breach by the customer shall be recoverable from the customer.

19. Lien

19.1. SHIPPING FREIGHT COMPANY B.V. shall have a general and continuing lien over all goods, documents, funds and cargo-related materials in its possession or control for all amounts owed by the customer, Merchant or cargo interests.

19.2. Such lien shall secure all freight, charges, duties, taxes, advances, storage, handling, security fees, legal costs, collection costs and any other amounts due to SHIPPING FREIGHT COMPANY B.V., whether related to the specific shipment or to any other shipment or service.

19.3. SHIPPING FREIGHT COMPANY B.V. may exercise, enforce or transfer such lien in accordance with applicable law and the FENEX Conditions.

19.4. Any storage, preservation, enforcement, sale, auction, legal or recovery costs incurred in connection with the lien shall be for the account of the customer.

20. Cargo Insurance

20.1. Cargo insurance is not automatically included unless expressly confirmed in writing by SHIPPING FREIGHT COMPANY B.V.

20.2. If cargo insurance is requested by the customer and accepted by SHIPPING FREIGHT COMPANY B.V., such insurance shall be arranged subject to the terms, conditions, exclusions, deductibles and limitations of the relevant insurer.

20.3. If the customer declines or fails to request cargo insurance, the shipment shall move at the customer’s own risk and subject to the liability limitations applicable under the FENEX Conditions, relevant Air Waybill, airline conditions, international conventions and mandatory law.

20.4. The customer acknowledges that liability limitations may be significantly lower than the commercial, invoice or replacement value of the goods.

21. Montreal Convention, Warsaw Convention and Carrier Liability

21.1. International carriage by air may be subject to the Montreal Convention, Warsaw Convention or other applicable mandatory laws.

21.2. The liability of the actual air carrier for loss of, damage to, or delay of cargo shall be determined by the applicable convention, Air Waybill, airline conditions of carriage, applicable tariffs and mandatory law.

21.3. Unless a higher value is declared by the shipper and accepted by the relevant carrier, and any applicable supplementary charge is paid, the liability of the actual air carrier may be limited by the applicable convention or mandatory law.

21.4. Where the Montreal Convention applies, liability for cargo may be limited to the applicable SDR amount per kilogram in force at the relevant time under the Convention, unless a higher value is declared and accepted in accordance with the applicable rules.

21.5. SHIPPING FREIGHT COMPANY B.V. does not assume liability as an air carrier by referring to or arranging carriage under an Air Waybill, House Air Waybill, Master Air Waybill or airline transport document.

22. Liability of SHIPPING FREIGHT COMPANY B.V.

22.1. SHIPPING FREIGHT COMPANY B.V. shall only be liable to the extent liability arises under the applicable FENEX Conditions or mandatory applicable law.

22.2. SHIPPING FREIGHT COMPANY B.V. shall not be liable for acts, omissions, defaults, delays, loss, damage, refusal, offloading, rejection, storage, screening, inspection, negligence or insolvency of Third Parties, except to the extent such liability cannot be excluded under mandatory law.

22.3. SHIPPING FREIGHT COMPANY B.V. shall not be liable for indirect loss, consequential loss, loss of profit, loss of market, loss of sales, loss of production, loss of business opportunity, contractual penalties, reputational damage or any other indirect or consequential damage.

22.4. SHIPPING FREIGHT COMPANY B.V. shall not be liable for delay unless mandatory law provides otherwise.

22.5. If SHIPPING FREIGHT COMPANY B.V. is found liable, its liability shall be limited in accordance with the FENEX Conditions and any applicable mandatory conventions or laws.

23. Liability of Airlines and Other Performing Parties

23.1. Where the loss, damage, delay, refusal, offloading, rejection or claim occurred during a stage of carriage or handling performed by an airline, air carrier, airport terminal, ground handling agent, warehouse, customs broker, road carrier or other Third Party, the liability of such party shall be determined by its own terms and conditions and by any applicable mandatory convention or law.

23.2. Such conventions may include, where applicable, the Montreal Convention, Warsaw Convention, CMR Convention or other mandatory transport regimes.

23.3. SHIPPING FREIGHT COMPANY B.V. may, at its discretion and without assuming liability, assist the customer in presenting claims to airlines, carriers, insurers or other Third Parties.

24. Notice of Claims

24.1. The customer must notify SHIPPING FREIGHT COMPANY B.V. in writing immediately upon discovery of any loss, damage, shortage, delay, customs issue, delivery discrepancy or potential claim.

24.2. Visible loss or damage must be noted at the time of delivery on the relevant delivery document, proof of delivery, air cargo release, terminal receipt, CMR or other receipt document.

24.3. Failure to provide timely written notice and supporting documents may prejudice or invalidate the customer’s claim.

24.4. The customer must provide all relevant documents, including commercial invoices, packing lists, photos, delivery notes, survey reports, claim statements, customs documents, transport documents and evidence of cargo value.

24.5. Claims against airlines or performing carriers may be subject to strict time limits under the relevant Air Waybill, carrier conditions, Montreal Convention, Warsaw Convention or mandatory law.

25. Carrier Claim Deadlines

25.1. Where the Montreal Convention, Warsaw Convention or the applicable Air Waybill conditions apply, written complaints against the relevant air carrier may be subject to the following time limits:

1. in the case of damage to cargo, immediately after discovery and at the latest within fourteen (14) days from the date of receipt of the cargo;
   b. in the case of delay, within twenty-one (21) days from the date on which the cargo was placed at the disposal of the person entitled to delivery;
   c. in the case of non-delivery, within the applicable time limits set out in the relevant Air Waybill, airline conditions of carriage or mandatory law.

25.2. Any rights to damages against an air carrier may be extinguished unless an action is brought within the applicable limitation period under the relevant convention, Air Waybill conditions or mandatory law.

25.3. The customer is responsible for protecting all applicable claim deadlines against airlines, carriers, insurers, terminals and Third Parties.

26. Delay and No Guaranteed Delivery

26.1. SHIPPING FREIGHT COMPANY B.V. does not guarantee aircraft departure, aircraft arrival, cargo availability, customs clearance time, airport release, delivery time or final delivery date.

26.2. Any ETD, ETA, transit time, delivery date or schedule provided is indicative only.

26.3. SHIPPING FREIGHT COMPANY B.V. shall not be liable for delay caused by airlines, carriers, terminals, warehouses, customs authorities, airport congestion, weather, strikes, aircraft capacity, security checks, equipment shortages, documentation issues, compliance checks, governmental measures or other circumstances beyond its reasonable control.

27. Force Majeure

27.1. SHIPPING FREIGHT COMPANY B.V. shall not be liable for failure, delay, disruption, cost increase or non-performance caused by circumstances beyond its reasonable control.

27.2. Such circumstances include, without limitation, war, terrorism, sanctions, embargoes, strikes, labor disputes, airport congestion, terminal congestion, airline cancellations, aircraft delays, capacity shortages, customs holds, governmental measures, pandemics, epidemics, natural disasters, severe weather, cyber incidents, accidents, fire, explosions, civil unrest, security alerts and market disruptions.

27.3. In such circumstances, SHIPPING FREIGHT COMPANY B.V. may amend, suspend, cancel, re-route, re-quote or renegotiate any service, quotation or booking without liability.

28. Abandoned, Unclaimed or Refused Cargo

28.1. If cargo is refused, abandoned, unclaimed, not cleared, not collected or not delivered due to customer default, consignee refusal, customs issue, documentation issue, compliance issue or any other reason not caused by SHIPPING FREIGHT COMPANY B.V., all resulting charges shall be for the account of the customer.

28.2. Such charges may include storage, handling, return freight, airline charges, airport charges, customs penalties, legal costs, terminal charges, disposal costs, destruction costs and third-party charges.

28.3. SHIPPING FREIGHT COMPANY B.V. may take such measures as it considers commercially reasonable to protect its position and mitigate further costs, including arranging storage, return, disposal or sale, subject to applicable law and the FENEX Conditions.

29. Confidentiality

29.1. All quotations, rates, pricing structures, carrier details, routing solutions, commercial conditions, operational methods, customer-specific arrangements and business information provided by SHIPPING FREIGHT COMPANY B.V. are confidential.

29.2. The customer shall not disclose such information to competitors, carriers, agents, brokers, intermediaries or third parties without prior written consent from SHIPPING FREIGHT COMPANY B.V.

29.3. Unauthorized use, copying, forwarding, disclosure or distribution of quotations or commercial information is strictly prohibited.

30. Electronic Communication and Acceptance

30.1. The customer accepts that email, online forms, CRM portals, electronic signatures, digital approvals, booking instructions and other electronic communications may be used for operational and contractual purposes.

30.2. Instructions, approvals, confirmations or acceptances sent electronically shall be treated as valid and binding unless the customer immediately objects in writing.

30.3. SHIPPING FREIGHT COMPANY B.V. shall be entitled to rely on instructions received from the customer’s employees, representatives, agents, email addresses, systems or authorized communication channels.

31. Indemnity

31.1. The customer shall indemnify and hold SHIPPING FREIGHT COMPANY B.V. harmless against all claims, losses, penalties, fines, liabilities, damages, costs and expenses arising from:

1. inaccurate cargo information;
   b. incorrect or late documents;
   c. customs or regulatory non-compliance;
   d. sanctions or export control violations;
   e. dangerous goods, lithium batteries or undeclared cargo;
   f. improper packing, marking, labelling or securing;
   g. incorrect weight, dimensions or chargeable weight information;
   h. non-payment or late payment;
   i. abandoned, refused or unclaimed cargo;
   j. claims by shippers, consignees, cargo owners or third parties;
   k. any breach of these Terms by the customer or Merchant.
2. No Waiver

32.1. Failure by SHIPPING FREIGHT COMPANY B.V. to enforce any provision of these Terms shall not constitute a waiver of that provision or of any other right.

32.2. Any waiver, amendment or deviation from these Terms shall be valid only if expressly agreed in writing by an authorized representative of SHIPPING FREIGHT COMPANY B.V.

33. Severability

33.1. If any provision of these Terms is held to be invalid, unlawful or unenforceable, the remaining provisions shall remain valid and enforceable.

33.2. The invalid or unenforceable provision shall be replaced by a valid provision that most closely reflects the commercial and legal intention of the original provision.

34. Governing Law and Dispute Resolution

34.1. These Terms, and all services performed or arranged by SHIPPING FREIGHT COMPANY B.V., shall be governed by Dutch law, unless mandatory law provides otherwise.

34.2. Any dispute arising out of or in connection with quotations, bookings, services, invoices, cargo, claims or any other activity performed or arranged by SHIPPING FREIGHT COMPANY B.V. shall be resolved in accordance with the dispute resolution provisions of the applicable FENEX Conditions, including the arbitration clause, unless mandatory law provides otherwise.

34.3. SHIPPING FREIGHT COMPANY B.V. reserves the right to bring debt collection proceedings, payment claims, lien enforcement actions or urgent protective measures before any competent court where permitted by applicable law.

35. Entire Agreement

35.1. These Terms, together with the applicable quotation, booking confirmation, invoice, FENEX Conditions, carrier terms and any written agreement signed by SHIPPING FREIGHT COMPANY B.V., constitute the contractual framework governing the Services.

35.2. In the event of inconsistency between these Terms and any customer purchase order, customer standard terms, email footer, portal terms or other customer document, these Terms shall prevail unless SHIPPING FREIGHT COMPANY B.V. expressly agrees otherwise in writing.

35.3. Customer terms and conditions shall not apply unless expressly accepted in writing by SHIPPING FREIGHT COMPANY B.V.

36. Company Details

SHIPPING FREIGHT COMPANY B.V.
Beechavenue 54-62
1119 PW Schiphol-Rijk
The Netherlands
KVK: 93332521 | VAT: NL866359229B01

Website: shippingfreightcom.com
Email: desk@shippingfreightcom.com

ROAD FREIGHT FORWARDING, BOOKING AND SERVICE TERMS AND CONDITIONS

EU & UK

SHIPPING FREIGHT COMPANY B.V.

TERMS AND CONDITIONS OF SERVICE

These Road Freight Forwarding, Booking and Service Terms and Conditions apply to all road freight forwarding services, quotations, bookings, arrangements, communications, instructions, logistics services and related activities provided or arranged by SHIPPING FREIGHT COMPANY B.V. within the European Union, the United Kingdom and any related cross-border road freight operations, unless expressly agreed otherwise in writing by an authorized representative of SHIPPING FREIGHT COMPANY B.V.

For the purpose of these Terms, references to “Road Freight” include international and domestic road freight forwarding, full truckload, part-load, groupage, express road freight, dedicated vehicle services, temperature-controlled road freight, ADR transport arrangements, door-to-door transport coordination, port-to-door delivery, warehouse-to-warehouse transport, customs-related assistance and related multimodal logistics services arranged by SHIPPING FREIGHT COMPANY B.V.

Clause 1 – Status of SHIPPING FREIGHT COMPANY B.V. as Freight Forwarder

1.1. SHIPPING FREIGHT COMPANY B.V. acts solely as a freight forwarder, logistics intermediary and arranging party, and not as a road carrier, contractual carrier, actual carrier, warehouseman, customs authority, terminal operator or performing carrier, unless expressly agreed otherwise in writing.

1.2. SHIPPING FREIGHT COMPANY B.V. does not undertake the physical carriage of goods by road and does not assume carrier liability, unless SHIPPING FREIGHT COMPANY B.V. expressly accepts such carrier liability in writing.

1.3. SHIPPING FREIGHT COMPANY B.V. arranges road transportation and related logistics services on behalf of the Customer by engaging independent road carriers, hauliers, subcontractors, courier operators, groupage operators, express operators, customs brokers, warehouses, terminals, depots and other third-party service providers.

1.4. No provision of these Terms shall be interpreted as creating an obligation for SHIPPING FREIGHT COMPANY B.V. to physically carry, load, unload, store, handle or deliver the goods itself.

Clause 2 – Application of FENEX Conditions

2.1. All services, quotations, bookings, arrangements, communications, instructions, customs-related assistance, documentation and related activities performed or arranged by SHIPPING FREIGHT COMPANY B.V. are subject to the latest version of the Dutch Forwarding Conditions, also known as the FENEX Conditions, including the arbitration clause, unless mandatory law provides otherwise.

2.2. The FENEX Conditions shall apply in addition to these Road Freight Forwarding, Booking and Service Terms and Conditions.

2.3. In the event of any conflict between these Terms and the FENEX Conditions, the FENEX Conditions shall prevail to the extent required, unless SHIPPING FREIGHT COMPANY B.V. expressly agrees otherwise in writing.

2.4. The Customer acknowledges that SHIPPING FREIGHT COMPANY B.V. performs forwarding activities as a Dutch freight forwarder and that the FENEX Conditions form an essential part of the contractual relationship between the Customer and SHIPPING FREIGHT COMPANY B.V.

Clause 3 – Definitions

For the purpose of these Terms:

3.1. “Company” means SHIPPING FREIGHT COMPANY B.V.

3.2. “Customer” means the party requesting, ordering, booking, accepting or paying for services from SHIPPING FREIGHT COMPANY B.V., including the shipper, consignee, exporter, importer, cargo owner, booking party, payer, receiver, principal, agent or any person acting on behalf of such parties.

3.3. “Merchant” means the shipper, consignee, consignor, receiver, cargo owner, holder of any transport document, exporter, importer, booking party, beneficial owner of the goods and any person having an interest in the goods.

3.4. “Goods” means cargo, packages, pallets, units, containers, documents and any related cargo interests handled, arranged or coordinated by SHIPPING FREIGHT COMPANY B.V.

3.5. “Services” means road freight forwarding, logistics coordination, booking assistance, documentation, customs-related assistance, inland transportation arrangements, cargo release coordination, cargo insurance arrangement if agreed, and any related service arranged by SHIPPING FREIGHT COMPANY B.V.

3.6. “Actual Carrier” means any independent road carrier, haulier, subcontractor, courier operator, express operator, groupage operator or other transport provider physically performing or undertaking the road carriage of the goods.

3.7. “Third Parties” means Actual Carriers, subcontractors, customs brokers, terminals, warehouses, depots, surveyors, inspection companies, insurers, agents and any other service providers engaged directly or indirectly in connection with the Services.

3.8. “Charges” means all freight, local charges, road charges, tolls, ferries, tunnel fees, customs-related costs, duties, taxes, storage, waiting time, standstill, failed trip charges, inspection costs, documentation fees, administrative charges, legal costs, collection costs, third-party charges and any other monetary obligations arising in connection with the Services.

Clause 4 – CMR Convention and Road Carrier Liability

4.1. Where international road carriage is performed by an Actual Carrier, the Convention on the Contract for the International Carriage of Goods by Road (CMR) may apply to the contract of carriage with such Actual Carrier.

4.2. SHIPPING FREIGHT COMPANY B.V. shall not be deemed a carrier under the CMR Convention solely by arranging road carriage, unless SHIPPING FREIGHT COMPANY B.V. expressly accepts carrier liability in writing or mandatory law provides otherwise.

4.3. The liability of the Actual Carrier shall be determined by the applicable transport contract, CMR consignment note, CMR Convention, national transport law, carrier terms and mandatory applicable law.

4.4. SHIPPING FREIGHT COMPANY B.V. shall not be responsible for the issuance, content or legal effects of any CMR consignment note issued by or on behalf of the Actual Carrier, except to the extent mandatory law provides otherwise.

4.5. Any CMR consignment note, proof of delivery, delivery receipt, loading note, unloading note or transport document issued by an Actual Carrier shall remain subject to the terms and legal framework applicable to that Actual Carrier.

Clause 5 – Quotations and Booking Acceptance

5.1. All quotations issued by SHIPPING FREIGHT COMPANY B.V. are non-binding unless expressly stated otherwise in writing.

5.2. All quotations are based on the information provided by the Customer and on market conditions, carrier availability, vehicle availability, equipment availability, fuel costs, ferry costs, road tolls, customs conditions, regulatory requirements and other cost factors applicable at the time of quotation.

5.3. A quotation may be amended, withdrawn, suspended or cancelled by SHIPPING FREIGHT COMPANY B.V. at any time before written booking confirmation is issued by SHIPPING FREIGHT COMPANY B.V.

5.4. The booking of cargo, issuance of shipping instructions, delivery of cargo for transport, acceptance of a quotation, payment of an invoice or instruction to proceed shall constitute acceptance of these Terms and all applicable Charges.

5.5. Any validity period stated in a quotation applies only to the quoted rate and only for the stated period. It does not guarantee vehicle availability, loading date, delivery date, transit time, border clearance, customs release, ferry availability or final carrier acceptance.

5.6. Any quotation may be revised if the actual cargo details, weight, dimensions, commodity, HS code, packaging, cargo readiness date, loading address, delivery address, customs status, transport requirements or service requirements differ from the information originally provided.

Clause 6 – Engagement of Actual Carriers and Subcontractors

6.1. SHIPPING FREIGHT COMPANY B.V. has the unrestricted right to select, appoint, substitute and subcontract any Actual Carrier or Third Party necessary or appropriate for the performance of the Services.

6.2. The Customer authorizes SHIPPING FREIGHT COMPANY B.V. to engage Actual Carriers and Third Parties and to accept their transport conditions, tariffs, carrier terms, liability limitations and operational requirements on behalf of and at the risk and expense of the Customer.

6.3. Upon request, SHIPPING FREIGHT COMPANY B.V. may provide the Customer with a copy or reference to the applicable terms and conditions of the Actual Carrier, where available.

6.4. SHIPPING FREIGHT COMPANY B.V. shall not be liable for any act, omission, delay, default, negligence, theft, loss, damage, temperature deviation, refusal of cargo, incorrect delivery, failure to collect, non-performance, insolvency or operational failure of the Actual Carrier or any Third Party, except to the extent liability cannot be excluded under mandatory law.

Clause 7 – Route, Vehicle, Schedule and Performance

7.1. Unless expressly agreed otherwise in writing, SHIPPING FREIGHT COMPANY B.V. shall determine or arrange:

1. the route and sequence of transport operations;
   b. the selection of the Actual Carrier;
   c. the mode of road transport and equipment;
   d. the scheduling of collection and delivery;
   e. the use of groupage, part-load, full truckload, express or dedicated vehicle solutions.

7.2. Collection dates, delivery dates, delivery windows, transit times, estimated arrival times and estimated completion times are indicative only and shall not constitute fixed deadlines unless SHIPPING FREIGHT COMPANY B.V. expressly confirms in writing that time is of the essence.

7.3. SHIPPING FREIGHT COMPANY B.V. does not guarantee compliance with any specific transit time, arrival time, delivery window or delivery date.

7.4. SHIPPING FREIGHT COMPANY B.V. shall not be liable for delay caused by traffic, road closures, border controls, customs checks, ferry delays, tunnel delays, police inspections, weather conditions, driving time regulations, rest periods, strikes, force majeure, carrier issues, warehouse delays or any circumstances beyond its reasonable control.

Clause 8 – Customer Instructions and Accuracy of Information

8.1. The Customer is solely responsible for providing complete, accurate and timely instructions and information required for the performance of the Services.

8.2. Such information includes, without limitation, cargo description, commodity, HS code, weight, dimensions, package count, cargo value, Incoterms, shipper details, consignee details, loading address, delivery address, customs status, opening hours, loading and unloading requirements, special handling requirements, ADR classification, temperature requirements, theft-sensitive nature and any regulatory restrictions.

8.3. SHIPPING FREIGHT COMPANY B.V. shall be entitled to rely on the information provided by the Customer without independent verification.

8.4. The Customer shall indemnify and hold SHIPPING FREIGHT COMPANY B.V. harmless against all claims, fines, penalties, losses, delays, customs issues, storage, carrier charges, legal costs and third-party costs arising from inaccurate, incomplete, late, misleading or non-compliant information.

Clause 9 – Documentation Responsibility

9.1. The Customer is solely responsible for providing all documents required for export, import, customs clearance, transit, security, compliance, cargo release and delivery.

9.2. Such documents may include commercial invoices, packing lists, certificates of origin, HS codes, EORI / VAT information, export declarations, import declarations, transit documents, licenses, permits, customs authorizations, ADR documentation, safety data sheets, temperature instructions, end-user statements, certificates and any other documents required by law, authorities, carriers or Third Parties.

9.3. SHIPPING FREIGHT COMPANY B.V. shall not be liable for delays, penalties, customs fines, inspections, storage, seizure, refusal of cargo, cargo holds, non-release, failed loading, failed delivery or additional costs arising from incomplete, incorrect, late or missing documents.

9.4. If SHIPPING FREIGHT COMPANY B.V. assists with customs-related formalities, such assistance shall be performed based on information and documents supplied by the Customer and shall not relieve the Customer from responsibility for accuracy and compliance.

Clause 10 – Loading, Unloading, Stowage and Securing

10.1. Unless expressly agreed otherwise in writing, the Customer shall be responsible for loading, counting, stowage, securing, bracing, lashing and unloading of the goods, including providing suitable equipment, personnel, access and instructions.

10.2. Loading and unloading must be carried out safely, lawfully and without undue delay.

10.3. The Customer shall ensure that the goods are ready for loading at the agreed place and time and that access, labour, equipment, permits and site conditions required for loading and unloading are available.

10.4. Where the driver assists with loading, unloading, stowage or securing at the Customer’s request, such assistance shall be at the Customer’s risk and responsibility, unless mandatory law provides otherwise.

10.5. The Customer shall be liable for all loss, damage, delay, injury, fines, penalties, vehicle damage, cargo damage, third-party claims and additional costs arising from unsafe loading, incorrect stowage, insufficient securing, defective packaging, overweight cargo, poor weight distribution or unsafe loading/unloading conditions.

Clause 11 – Packaging, Marking and Cargo Suitability

11.1. The Customer warrants that all goods are properly packed, marked, labelled, secured, palletized where applicable and prepared for road transportation, handling, loading, unloading, warehousing and multimodal movement.

11.2. Packaging must be suitable for normal road transport risks, handling operations, vibration, stacking, temperature exposure, humidity, cross-docking and multimodal movement.

11.3. SHIPPING FREIGHT COMPANY B.V. shall not be liable for loss, damage, delay, refusal, rejection or additional charges resulting from insufficient, unsuitable, defective or non-compliant packaging.

Clause 12 – Dangerous Goods and ADR Cargo

12.1. Dangerous goods, hazardous cargo, ADR cargo, chemicals, flammable goods, explosives, radioactive material, corrosive goods, toxic substances or any restricted cargo may not be tendered without prior written disclosure and written acceptance by SHIPPING FREIGHT COMPANY B.V. and the relevant Actual Carrier.

12.2. The Customer must provide all required ADR declarations, safety data sheets, classifications, UN numbers, packing group details, emergency instructions, labels, marks and documentation.

12.3. SHIPPING FREIGHT COMPANY B.V. may refuse, suspend, cancel, return or hold any shipment if dangerous or restricted cargo has not been properly declared, documented, packed, marked, labelled or accepted by the relevant Actual Carrier.

12.4. The Customer shall indemnify SHIPPING FREIGHT COMPANY B.V. against all claims, fines, penalties, damage, loss, delay, emergency costs, environmental costs, handling costs and legal costs arising from dangerous goods, ADR cargo or restricted cargo.

Clause 13 – Temperature-Controlled and Special Cargo

13.1. Temperature-controlled, refrigerated, frozen, pharmaceutical, medical, food-grade, perishable, high-value, fragile, oversized, abnormal, time-critical or other special cargo must be declared in writing before booking.

13.2. The Customer must provide all required temperature settings, tolerances, handling instructions, cargo specifications, packaging instructions and special requirements.

13.3. SHIPPING FREIGHT COMPANY B.V. shall not be liable for temperature deviation, carrier refusal, delay, improper pre-cooling, incorrect settings, packaging failure, power interruption, equipment failure, storage condition or damage unless such liability cannot be excluded under mandatory law.

13.4. Any special equipment, reefer monitoring, temperature monitoring, survey, inspection, permit, escort, storage, security or handling costs shall be for the account of the Customer.

Clause 14 – High-Value and Theft-Sensitive Cargo

14.1. High-value, theft-sensitive, vulnerable, branded, pharmaceutical, electronics, cosmetics, tobacco, alcohol, luxury goods, high-demand consumer goods or other sensitive cargo must be declared in writing before booking.

14.2. SHIPPING FREIGHT COMPANY B.V. may refuse such cargo or require special security measures, secure parking, team drivers, GPS monitoring, sealed trailers, special routing, limited stops, security escort or additional insurance.

14.3. Failure to declare high-value or theft-sensitive cargo shall be at the Customer’s sole risk and may result in refusal of service, cancellation, rate revision, additional charges or limitation of available recovery in the event of loss or theft.

14.4. Unless expressly agreed otherwise in writing, SHIPPING FREIGHT COMPANY B.V. does not guarantee guarded parking, theft prevention, armed security, team drivers, GPS tracking, direct routing or special security arrangements.

Clause 15 – Sanctions, Export Control and Trade Compliance

15.1. The Customer warrants that all goods, parties, documents, transactions, countries, origin, destination, routing, end-users and shipment-related activities comply with all applicable sanctions laws, export control regulations, customs regulations, trade compliance requirements and governmental restrictions.

15.2. This includes, without limitation, regulations imposed by the European Union, the United Kingdom, the United States, the United Nations and any other applicable authority.

15.3. The Customer warrants that neither the Customer, shipper, consignee, notify party, beneficial owner, end-user, supplier, buyer, cargo owner nor any other party involved in the shipment is subject to applicable sanctions or trade restrictions.

15.4. SHIPPING FREIGHT COMPANY B.V. reserves the right to screen shipment parties, cargo details, documents, routing and transactions against applicable sanctions, compliance databases and internal compliance procedures.

15.5. SHIPPING FREIGHT COMPANY B.V. may refuse, suspend, hold, inspect, return, cancel or terminate any shipment without liability if compliance concerns arise.

15.6. The Customer shall be responsible for all fines, penalties, customs claims, duties, taxes, seizures, delays, storage, inspections, legal costs and third-party claims arising from non-compliance.

Clause 16 – Fines, Penalties and Regulatory Sanctions

16.1 General Allocation Principle

Fines, penalties, sanctions, losses, costs and expenses shall be allocated to the party responsible for the underlying cause. The Customer shall be responsible for matters related to cargo, documentation, customs, compliance, loading instructions and information provided by or on behalf of the Customer. The Actual Carrier shall be responsible for matters related to the vehicle, driver, road transport permits, traffic rules, driving time regulations, cabotage, operational performance and transport execution.

16.2 Customer Responsibility

The Customer shall be fully liable for and shall indemnify and hold harmless SHIPPING FREIGHT COMPANY B.V. against all fines, penalties, sanctions, damages, losses, claims, costs and expenses imposed by public authorities, customs authorities, regulatory bodies, terminals, ports, depots, warehouses, Actual Carriers or subcontractors, where such fines, penalties, sanctions, damages, losses, claims, costs or expenses arise from or relate to:

1. incorrect, incomplete, misleading or late information or documentation provided by the Customer or parties acting on behalf of the Customer;
   b. incorrect cargo description, weight, dimensions, value, commodity, HS code or customs status;
   c. undeclared or incorrectly declared dangerous goods, ADR cargo, temperature-controlled cargo, high-value cargo, theft-sensitive cargo or restricted cargo;
   d. non-compliance with customs, export control, sanctions, ADR, environmental, safety or regulatory requirements relating to the goods;
   e. overloading, incorrect loading, improper stowage, insufficient securing, defective packaging or unsafe cargo condition where loading, stowage or securing is performed by or on behalf of the Customer;
   f. delays, failed loading, failed unloading, refusal of cargo, warehouse unavailability, lack of access, missing permits or incorrect loading/unloading instructions attributable to the Customer;
   g. instructions given by or on behalf of the Customer.

16.3 Actual Carrier Responsibility

Where fines, penalties, sanctions, damages, losses, claims, costs or expenses arise directly from the acts, omissions, negligence, operational failure or regulatory non-compliance of the Actual Carrier, such amounts shall be for the account of the Actual Carrier, to the extent recoverable from the Actual Carrier under the applicable transport contract, CMR Convention, carrier terms, mandatory law or other applicable legal regime.

Such Actual Carrier responsibility may include, without limitation:

1. driver-related violations;
   b. speeding, parking violations, traffic offences or road safety violations;
   c. breaches of driving time, rest time, tachograph or driver working time regulations;
   d. lack of valid carrier permits, licenses, vehicle documents or insurance required for the transport;
   e. cabotage violations or non-compliance with applicable road transport regulations;
   f. technical defects, unsuitable vehicle condition or failure to provide agreed equipment;
   g. unauthorized route deviation, unauthorized subcontracting or failure to follow agreed operational instructions;
   h. failure of the Actual Carrier to comply with applicable transport, safety, security or regulatory obligations.

16.4 Role of SHIPPING FREIGHT COMPANY B.V.

SHIPPING FREIGHT COMPANY B.V. shall not be liable for fines, penalties, sanctions, damages, losses, claims, costs or expenses caused by the Customer, the Actual Carrier, subcontractors, authorities, terminals, warehouses or other third parties, except to the extent such liability cannot be excluded under mandatory law.

Where such amounts are initially charged to or paid by SHIPPING FREIGHT COMPANY B.V., SHIPPING FREIGHT COMPANY B.V. shall be entitled to recover such amounts from the responsible party, whether the Customer, the Actual Carrier or another liable third party.

16.5 No Obligation to Contest

SHIPPING FREIGHT COMPANY B.V. shall not be obliged to contest, appeal, dispute or litigate any fine, penalty, sanction, charge or claim unless expressly agreed in writing. If SHIPPING FREIGHT COMPANY B.V. agrees to assist with contesting or appealing such matter, all related legal, administrative, translation, representation and third-party costs shall be for the account of the party responsible for the underlying matter, unless otherwise agreed in writing.

16.6 No Penalty Character

Any amounts invoiced by SHIPPING FREIGHT COMPANY B.V. under this Clause shall be considered reimbursement of costs, losses, liabilities, administrative handling charges and third-party expenses, and shall not be construed as contractual penalties unless expressly stated otherwise in writing.

Clause 17 – Waiting Time, Standstill and Operational Charges

17.1. Any waiting time, standstill, failed trip, cancellation, re-routing, interruption of transport, additional stop, delayed loading, delayed unloading, refused loading, refused unloading or operational delay caused by circumstances not attributable to SHIPPING FREIGHT COMPANY B.V. shall be for the account of the Customer.

17.2. SHIPPING FREIGHT COMPANY B.V. is entitled to invoice the Customer for:

1. waiting time and standstill charges imposed by Actual Carriers;
   b. failed trip or futile run charges;
   c. re-routing, address change or additional stop charges;
   d. parking, driver accommodation, security, terminal fees, tolls, ferries and similar costs;
   e. administrative handling costs related thereto.

17.3. Such charges shall be invoiced at the rates charged to SHIPPING FREIGHT COMPANY B.V. by the Actual Carrier or Third Party, increased by SHIPPING FREIGHT COMPANY B.V.’s reasonable administrative costs, unless otherwise agreed in writing.

Clause 18 – Road Restrictions, Driving Time and Regulatory Requirements

18.1. Road freight services may be affected by driving time regulations, rest periods, tachograph regulations, road restrictions, traffic bans, low emission zones, ferry schedules, tunnel restrictions, border queues, customs checks, police inspections, road closures, weather conditions and other regulatory or operational requirements.

18.2. SHIPPING FREIGHT COMPANY B.V. shall not be liable for delays, fines, penalties, additional costs or operational disruptions caused by such requirements, unless liability cannot be excluded under mandatory law.

18.3. Any additional costs arising from regulatory restrictions, road closures, re-routing, mandatory rest periods, ferry delays, tunnel delays or border delays shall be for the account of the Customer unless caused by the proven fault of SHIPPING FREIGHT COMPANY B.V.

Clause 19 – Freight, Charges and Rate Adjustments

19.1. Freight and Charges shall be payable in accordance with the quotation, booking confirmation, invoice or agreed payment terms.

19.2. All quotations are subject to surcharges, accessorials and third-party charges applicable at the time of service execution, including but not limited to fuel surcharge, tolls, ferries, tunnel fees, customs-related charges, waiting time, standstill, failed trip charges, storage, terminal charges, parking charges, driver accommodation, permits, escort costs, low emission zone charges and other carrier or third-party costs.

19.3. If any cost factor increases between the date of quotation and the date of service execution, SHIPPING FREIGHT COMPANY B.V. reserves the right to pass such increase to the Customer.

19.4. All foreign services are quoted based on exchange rates applicable at the time of quotation and may be adjusted due to exchange rate fluctuations, banking charges or currency conversion costs.

19.5. Unless expressly agreed otherwise in writing, duties, taxes, VAT, customs duties, governmental charges, inspections, customs examinations, storage and third-party charges are not included in freight quotations.

Clause 20 – Payment, Suspension of Services and Security

20.1. All invoices issued by SHIPPING FREIGHT COMPANY B.V. are payable strictly in accordance with the payment terms stated on the invoice.

20.2. Unless otherwise agreed in writing, all freight, local charges, customs-related charges, duties, taxes, storage, waiting time, standstill, carrier charges and related costs must be paid before cargo release, document release, delivery order release or final delivery.

20.3. SHIPPING FREIGHT COMPANY B.V. reserves the right to suspend services, withhold cargo, documents, release instructions, delivery orders or shipment information in the event of overdue balances, payment disputes, insufficient credit approval, exceeded credit limits or any outstanding financial obligations.

20.4. The Customer shall, upon first demand, provide adequate security for any amounts due or to become due to SHIPPING FREIGHT COMPANY B.V.

20.5. Payment to a third party, broker, agent or intermediary shall not be deemed payment to SHIPPING FREIGHT COMPANY B.V. unless such party has been expressly authorized in writing by SHIPPING FREIGHT COMPANY B.V. to receive payment on its behalf.

20.6. All legal fees, debt collection costs, recovery expenses, storage costs, carrier penalties, administrative costs and third-party costs incurred due to late payment, non-payment or breach by the Customer shall be recoverable from the Customer.

Clause 21 – Lien and Right of Retention

21.1. SHIPPING FREIGHT COMPANY B.V. shall have a general and continuing lien and right of retention over all goods, documents, funds and cargo-related materials in its possession or control for all amounts owed by the Customer, Merchant or cargo interests.

21.2. Such lien and right of retention shall secure all freight, Charges, duties, taxes, advances, storage, waiting time, standstill, legal costs, collection costs and any other amounts due to SHIPPING FREIGHT COMPANY B.V., whether related to the specific shipment or to any other shipment or service.

21.3. SHIPPING FREIGHT COMPANY B.V. may exercise, enforce or transfer such lien and right of retention in accordance with applicable law and the FENEX Conditions.

21.4. Any storage, preservation, enforcement, sale, auction, legal or recovery costs incurred in connection with the lien or right of retention shall be for the account of the Customer.

Clause 22 – Cargo Insurance

22.1. Cargo insurance is not automatically included unless expressly confirmed in writing by SHIPPING FREIGHT COMPANY B.V.

22.2. If cargo insurance is requested by the Customer and accepted by SHIPPING FREIGHT COMPANY B.V., such insurance shall be arranged subject to the terms, conditions, exclusions, deductibles and limitations of the relevant insurer.

22.3. If the Customer declines or fails to request cargo insurance, the goods shall move at the Customer’s own risk and subject to the liability limitations applicable under the FENEX Conditions, CMR Convention, Actual Carrier terms, national law and mandatory applicable law.

22.4. The Customer acknowledges that liability limitations may be significantly lower than the commercial, invoice or replacement value of the goods.

Clause 23 – Liability of SHIPPING FREIGHT COMPANY B.V.

23.1. SHIPPING FREIGHT COMPANY B.V.’s liability, if any, for road freight forwarding services shall be governed exclusively by the FENEX Conditions and mandatory applicable law.

23.2. SHIPPING FREIGHT COMPANY B.V. shall not be liable for loss of or damage to the goods occurring during actual road carriage, delay in road transport, theft, temperature deviation, refusal of cargo, failed collection, failed delivery or acts or omissions of Actual Carriers, except to the extent liability cannot be excluded under mandatory law.

23.3. SHIPPING FREIGHT COMPANY B.V. shall not be liable for indirect loss, consequential loss, loss of profit, loss of market, loss of sales, loss of production, loss of business opportunity, contractual penalties, reputational damage or any other indirect or consequential damage.

23.4. SHIPPING FREIGHT COMPANY B.V. shall not be liable for delay unless mandatory law provides otherwise.

23.5. If SHIPPING FREIGHT COMPANY B.V. is found liable, its liability shall be limited in accordance with the FENEX Conditions and any applicable mandatory conventions or laws.

Clause 24 – Liability of Actual Carriers and Other Performing Parties

24.1. Where the loss, damage, delay or claim occurred during a stage of carriage or handling performed by an Actual Carrier, warehouse, terminal, depot, customs broker or other Third Party, the liability of such party shall be determined by its own terms and conditions and by any applicable mandatory convention or law.

24.2. Such conventions may include, where applicable, the CMR Convention or other mandatory transport regimes.

24.3. SHIPPING FREIGHT COMPANY B.V. may, at its discretion and without assuming liability, assist the Customer in presenting claims to Actual Carriers, insurers or other Third Parties.

Clause 25 – Notice of Claims

25.1. The Customer must notify SHIPPING FREIGHT COMPANY B.V. in writing immediately upon discovery of any loss, damage, shortage, delay, customs issue, delivery discrepancy or potential claim.

25.2. Visible loss or damage must be noted at the time of delivery on the relevant CMR consignment note, proof of delivery, delivery receipt, terminal release, warehouse receipt or other receipt document.

25.3. Failure to provide timely written notice and supporting documents may prejudice or invalidate the Customer’s claim.

25.4. The Customer must provide all relevant documents, including commercial invoices, packing lists, photos, delivery notes, CMR documents, survey reports, claim statements, customs documents, transport documents and evidence of cargo value.

25.5. Claims against Actual Carriers may be subject to strict time limits under the applicable CMR Convention, carrier terms, transport contract or mandatory law.

Clause 26 – Delay and No Guaranteed Delivery

26.1. SHIPPING FREIGHT COMPANY B.V. does not guarantee collection time, delivery time, transit time, customs clearance time, border crossing time, ferry departure, tunnel passage or final delivery date.

26.2. Any ETD, ETA, transit time, delivery date or schedule provided is indicative only.

26.3. SHIPPING FREIGHT COMPANY B.V. shall not be liable for delay caused by Actual Carriers, warehouses, customs authorities, border controls, traffic congestion, road closures, weather, strikes, ferry delays, tunnel delays, driver shortages, equipment shortages, documentation issues, compliance checks, governmental measures or other circumstances beyond its reasonable control.

Clause 27 – Force Majeure

27.1. SHIPPING FREIGHT COMPANY B.V. shall not be liable for failure, delay, disruption, cost increase or non-performance caused by circumstances beyond its reasonable control.

27.2. Such circumstances include, without limitation, war, terrorism, sanctions, embargoes, strikes, labor disputes, road closures, border delays, customs holds, governmental measures, pandemics, epidemics, natural disasters, severe weather, cyber incidents, accidents, fire, explosions, civil unrest, driver shortages, vehicle shortages, ferry disruptions, tunnel disruptions, port congestion and market disruptions.

27.3. In such circumstances, SHIPPING FREIGHT COMPANY B.V. may amend, suspend, cancel, re-route, re-quote or renegotiate any service, quotation or booking without liability.

Clause 28 – Abandoned, Unclaimed or Refused Cargo

28.1. If cargo is refused, abandoned, unclaimed, not cleared, not collected or not delivered due to Customer default, consignee refusal, customs issue, documentation issue, compliance issue, warehouse refusal or any other reason not caused by SHIPPING FREIGHT COMPANY B.V., all resulting charges shall be for the account of the Customer.

28.2. Such charges may include storage, handling, return freight, carrier charges, customs penalties, legal costs, terminal charges, disposal costs, destruction costs and third-party charges.

28.3. SHIPPING FREIGHT COMPANY B.V. may take such measures as it considers commercially reasonable to protect its position and mitigate further costs, including arranging storage, return, disposal or sale, subject to applicable law and the FENEX Conditions.

Clause 29 – Confidentiality

29.1. All quotations, rates, pricing structures, carrier details, routing solutions, commercial conditions, operational methods, Customer-specific arrangements and business information provided by SHIPPING FREIGHT COMPANY B.V. are confidential.

29.2. The Customer shall not disclose such information to competitors, carriers, agents, brokers, intermediaries or third parties without prior written consent from SHIPPING FREIGHT COMPANY B.V.

29.3. Unauthorized use, copying, forwarding, disclosure or distribution of quotations or commercial information is strictly prohibited.

Clause 30 – Electronic Communication and Acceptance

30.1. The Customer accepts that email, online forms, CRM portals, electronic signatures, digital approvals, booking instructions and other electronic communications may be used for operational and contractual purposes.

30.2. Instructions, approvals, confirmations or acceptances sent electronically shall be treated as valid and binding unless the Customer immediately objects in writing.

30.3. SHIPPING FREIGHT COMPANY B.V. shall be entitled to rely on instructions received from the Customer’s employees, representatives, agents, email addresses, systems or authorized communication channels.

Clause 31 – Indemnity

31.1. The Customer shall indemnify and hold SHIPPING FREIGHT COMPANY B.V. harmless against all claims, losses, penalties, fines, liabilities, damages, costs and expenses arising from:

1. inaccurate cargo information;
   b. incorrect or late documents;
   c. customs or regulatory non-compliance;
   d. sanctions or export control violations;
   e. dangerous goods, ADR cargo or undeclared cargo;
   f. improper packing, marking, labelling, loading, stowage or securing;
   g. incorrect weight, dimensions or cargo description;
   h. non-payment or late payment;
   i. abandoned, refused or unclaimed cargo;
   j. claims by shippers, consignees, cargo owners or third parties;
   k. any breach of these Terms by the Customer or Merchant.

Clause 32 – No Waiver

32.1. Failure by SHIPPING FREIGHT COMPANY B.V. to enforce any provision of these Terms shall not constitute a waiver of that provision or of any other right.

32.2. Any waiver, amendment or deviation from these Terms shall be valid only if expressly agreed in writing by an authorized representative of SHIPPING FREIGHT COMPANY B.V.

Clause 33 – Severability

33.1. If any provision of these Terms is held to be invalid, unlawful or unenforceable, the remaining provisions shall remain valid and enforceable.

33.2. The invalid or unenforceable provision shall be replaced by a valid provision that most closely reflects the commercial and legal intention of the original provision.

Clause 34 – Governing Law and Dispute Resolution

34.1. These Terms, and all services performed or arranged by SHIPPING FREIGHT COMPANY B.V., shall be governed by Dutch law, unless mandatory law provides otherwise.

34.2. Any dispute arising out of or in connection with quotations, bookings, services, invoices, cargo, claims or any other activity performed or arranged by SHIPPING FREIGHT COMPANY B.V. shall be resolved in accordance with the dispute resolution provisions of the applicable FENEX Conditions, including the arbitration clause, unless mandatory law provides otherwise.

34.3. The inclusion of the United Kingdom within the geographic scope of these Terms shall not alter SHIPPING FREIGHT COMPANY B.V.’s status as freight forwarder, nor shall it create carrier liability for SHIPPING FREIGHT COMPANY B.V. under UK law.

34.4. SHIPPING FREIGHT COMPANY B.V. reserves the right to bring debt collection proceedings, payment claims, lien enforcement actions or urgent protective measures before any competent court where permitted by applicable law.

Clause 35 – Entire Agreement

35.1. These Terms, together with the applicable quotation, booking confirmation, invoice, FENEX Conditions, Actual Carrier terms and any written agreement signed by SHIPPING FREIGHT COMPANY B.V., constitute the contractual framework governing the Services.

35.2. In the event of inconsistency between these Terms and any Customer purchase order, Customer standard terms, email footer, portal terms or other Customer document, these Terms shall prevail unless SHIPPING FREIGHT COMPANY B.V. expressly agrees otherwise in writing.

35.3. Customer terms and conditions shall not apply unless expressly accepted in writing by SHIPPING FREIGHT COMPANY B.V.

SCHEDULE OF ROAD CHARGES

EU & UK

SHIPPING FREIGHT COMPANY B.V.

This Schedule of Road Charges forms an integral part of the Road Freight Forwarding, Booking and Service Terms and Conditions of SHIPPING FREIGHT COMPANY B.V. and applies to all road freight forwarding services arranged by SHIPPING FREIGHT COMPANY B.V. within the European Union, the United Kingdom and any related cross-border road freight operations.

All charges set out herein apply in addition to the agreed freight rates, unless expressly agreed otherwise in writing.

1. General Principles

1.1. All charges reflect costs and surcharges commonly imposed by Actual Carriers, terminals, authorities, warehouses, depots and other service providers.

1.2. All amounts charged under this Schedule are deemed service charges, operational charges and cost reimbursements and shall not be construed as contractual penalties.

1.3. SHIPPING FREIGHT COMPANY B.V. reserves the right to amend this Schedule from time to time. The Schedule applicable shall be the version valid at the time of booking or service execution.

1.4. Where an Actual Carrier or Third Party charges an amount higher than the amount stated in this Schedule, SHIPPING FREIGHT COMPANY B.V. shall be entitled to invoice the actual amount charged by the Actual Carrier or Third Party, together with reasonable administrative handling costs.

1.5. All charges are exclusive of VAT and other applicable taxes unless expressly stated otherwise.

2. Waiting Time and Standstill

Unless otherwise agreed in writing, the following free time applies:

Loading: 2 hours
Unloading: 2 hours

After expiry of free time, the following minimum charges apply:

Waiting time: minimum EUR 75 per commenced hour per vehicle, or actual carrier cost, whichever is higher.
Standstill / overnight detention of vehicle: minimum EUR 350 per calendar day, or actual carrier cost, whichever is higher.
Weekend or public holiday standstill: minimum EUR 450 per calendar day, or actual carrier cost, whichever is higher.

All waiting time and standstill charges are calculated per vehicle and per commenced hour or day.

3. Failed Trip / Futile Run

Where loading or unloading cannot be performed due to circumstances not attributable to SHIPPING FREIGHT COMPANY B.V., including but not limited to cargo not being ready, incorrect address, missing documentation, lack of access, warehouse refusal, consignee refusal or customs/documentation issues, the following charges apply:

Failed trip / futile run: minimum EUR 1,000 per vehicle, or actual carrier cost, whichever is higher.
Plus: all waiting time, standstill and additional costs incurred.

4. Route Changes and Additional Services

Any Customer-requested changes after booking confirmation may give rise to additional charges as follows:

Change of delivery address or re-routing: actual costs plus an administrative fee of minimum EUR 150.
Additional stop(s): on request, at cost plus administrative fee.
Storage or temporary holding: at cost plus administrative fee.
Change of loading or delivery date: actual costs plus administrative fee where applicable.

5. Time-Sensitive and Special Deliveries

Fixed delivery time window: on request.
Night delivery between 22:00 and 06:00: minimum EUR 150 to EUR 300, or actual carrier cost, whichever is higher.
Weekend or public holiday delivery: on request.
Express / dedicated vehicle service: on request.
Direct delivery without transshipment: on request and only if expressly confirmed in writing.

6. Dangerous Goods, Temperature-Controlled and Special Cargo

Dangerous goods / ADR: on request, at cost.
Temperature-controlled transport: on request, at cost.
High-value or theft-sensitive cargo: security surcharge may apply.
Out-of-gauge, abnormal or oversized loads: permit, escort, route survey and handling costs at cost.
Special equipment: at cost.
Additional security requirements: at cost.

7. Tolls, Fuel and Regulatory Charges

7.1. Road tolls, road taxes, tunnel fees, ferry charges, congestion charges, low emission zone charges, parking fees, border charges and similar expenses shall be charged at actual cost, unless expressly included in the agreed freight rate.

7.2. A fuel surcharge may be applied depending on market conditions.

7.3. Any newly introduced regulatory, environmental, CO₂-related, road usage, low emission, customs, border or governmental charges shall be for the account of the Customer unless expressly agreed otherwise in writing.

8. Fines, Penalties and Third-Party Costs

8.1. All fines, penalties, sanctions and third-party costs imposed by public authorities, customs authorities, regulatory bodies, terminals, ports, depots, warehouses, Actual Carriers or subcontractors shall be allocated to the party responsible for the underlying cause of such fine, penalty, sanction or cost.

8.2. The Customer shall reimburse SHIPPING FREIGHT COMPANY B.V. in full for any fines, penalties, sanctions, costs or expenses arising from incorrect or incomplete documentation, inaccurate cargo information, overweight cargo, undeclared ADR cargo, improper loading or securing by or on behalf of the Customer, customs non-compliance, sanctions or export control issues, warehouse refusal, failed loading or unloading, or any instruction, omission or breach by the Customer.

8.3. Where fines, penalties, sanctions, costs or expenses arise directly from the acts, omissions, negligence, traffic offences, driver violations, regulatory non-compliance, lack of permits, vehicle defects, cabotage violations or operational failure of the Actual Carrier, such amounts shall be for the account of the Actual Carrier to the extent recoverable from the Actual Carrier under the applicable transport contract, CMR Convention, carrier terms, mandatory law or other applicable legal regime.

8.4. If SHIPPING FREIGHT COMPANY B.V. is required to pay any such amount in the first instance, SHIPPING FREIGHT COMPANY B.V. shall be entitled to recover the amount from the responsible party, together with reasonable administrative handling costs, legal costs, recovery costs and third-party expenses.

8.5. Unless otherwise agreed in writing, SHIPPING FREIGHT COMPANY B.V. shall not be obliged to contest or appeal fines, penalties, sanctions or third-party claims.

9. Currency and Taxes

9.1. All charges are stated in euro (EUR) unless agreed otherwise.

9.2. VAT and any other applicable taxes shall be charged in accordance with applicable law.

9.3. All charges are exclusive of VAT and other applicable taxes unless expressly stated otherwise.

10. Applicability

10.1. This Schedule applies to all road freight forwarding services arranged by SHIPPING FREIGHT COMPANY B.V., irrespective of whether such services constitute a standalone road transport operation or form part of a multimodal or combined transport solution.

10.2. This Schedule applies in addition to the agreed freight rate, quotation, booking confirmation, invoice, Road Freight Forwarding, Booking and Service Terms and Conditions, FENEX Conditions and applicable Actual Carrier terms.

Company Details

SHIPPING FREIGHT COMPANY B.V.
Beechavenue 54-62
1119 PW Schiphol-Rijk
The Netherlands

Website: shippingfreightcom.com
Email: desk@shippingfreightcom.com

 

Ocean/Sea Freight Rates, Quotations & Service Terms and Conditions

• All quotes are based on current market conditions and may change with or without notice.

• Each quotation or NRA must be accepted in writing by the customer. Booking of cargo after receipt of the quotation or NRA constitutes full acceptance of all rates, terms, and conditions contained therein.

• Each NRA is assigned a unique NRA number. Each NRA number is valid only for the effective and expiration dates shown and remains subject to amendment due to GRI, PSS, carrier increases, surcharges, equipment imbalance, or market changes.

• Unless otherwise specifically noted, all quotations and NRAs are subject to surcharges, accessorial charges, terminal charges, carrier surcharges, and local charges as applicable at the time of shipment execution.

• Each quotation or NRA constitutes confidential information of SHIPPING FREIGHT COMPANY B.V. The contents shall not be disclosed by the customer to any third party, including competitors, carriers, agents, or intermediaries, without prior written consent. Any unauthorized use, disclosure, copying, or distribution is strictly prohibited.

• Duties, taxes, customs duties, VAT, governmental fees, inspections, examinations, port charges, and customs-related costs are not included unless expressly stated otherwise in writing. Disbursement and/or outlay fees may apply.

• Marine cargo insurance will be invoiced unless insurance is waived in writing by the customer prior to cargo receipt or unless a standing insurance opt-out instruction exists on file. In the absence of cargo insurance, shipments shall move subject to applicable liability limitations under governing international conventions, carrier tariffs, and applicable forwarding conditions.

• Prior to movement, each shipment is subject to re-weighing and re-measurement by SHIPPING FREIGHT COMPANY B.V., ocean carriers, terminals, or designated subcontractors. If the actual cargo characteristics differ from the originally declared information, including but not limited to weight, dimensions, commodity, packaging, or cargo nature, the quotation shall be revised accordingly and all resulting additional charges shall be for the account of the customer.

• All foreign services are quoted based on exchange rates applicable at the time of quotation and remain subject to currency fluctuations with or without notice.

• Quotations are not applicable to dangerous goods, IMO cargo, temperature-controlled cargo, perishable cargo, oversized cargo, out-of-gauge cargo, high-value cargo, or special commodities unless specifically agreed in writing.

• Transit times, vessel schedules, ETAs, delivery dates, and sailing dates are estimated only and are not guaranteed under any circumstances.

• All shipments are subject to carrier space availability, equipment availability, operational conditions, port congestion, terminal restrictions, customs clearance, and carrier acceptance.

• All FCL pickup and delivery operations are based on one (1) hour free loading/unloading time unless otherwise agreed in writing. Waiting time, overtime, re-delivery, chassis split, storage, redelivery, failed delivery, or additional operational services shall be subject to additional charges.

• Any carrier or terminal free time, including but not limited to detention, demurrage, storage, port storage, rail storage, chassis usage, or container free days mentioned in any quotation, is indicative only and subject to final confirmation by the respective ocean carrier, terminal operator, rail operator, depot, or port authority at the time of shipment execution. Such free time may be amended, reduced, suspended, or cancelled without prior notice by the relevant service provider. SHIPPING FREIGHT COMPANY B.V. shall not be liable for any related charges, delays, penalties, or additional costs incurred.

• Any terminal demurrage, detention, per diem, storage, congestion, chassis, port storage, examination, customs hold, inspection, rail storage, or related charges are strictly for the account of the cargo owner and/or customer.

• SHIPPING FREIGHT COMPANY B.V. reserves the right to invoice all detention (per diem), demurrage, storage, chassis, and related carrier or terminal charges to the customer unless otherwise agreed in writing.

• All quotations are based on cargo being properly packaged, marked, secured, palletized, fumigated (where applicable), and prepared for international transportation in compliance with international transport standards and applicable regulations.

• Cargo must comply with all applicable legal road weight limitations, IMO regulations, SOLAS VGM requirements, customs regulations, wood packaging regulations (ISPM 15), and any other local or international transportation requirements.

• In the event of force majeure or circumstances beyond the reasonable control of SHIPPING FREIGHT COMPANY B.V., including but not limited to strikes, labor disruptions, war, terrorism, embargoes, sanctions, pandemics, governmental actions, carrier cancellations, port congestion, equipment shortages, natural disasters, weather events, accidents, cyber incidents, or unforeseen market disruptions, SHIPPING FREIGHT COMPANY B.V. reserves the right to amend, suspend, renegotiate, cancel, or revise any quotation, routing, schedule, or service conditions without liability.

• All rates are based on the most efficient and commercially reasonable routing and carrier selection. Unless otherwise specifically instructed in writing by the customer, routing, carrier, terminal, and subcontractor selection shall remain at the sole discretion of SHIPPING FREIGHT COMPANY B.V.

• SHIPPING FREIGHT COMPANY B.V. acts solely as a freight forwarder, logistics intermediary, and arranging party, and not as a carrier or vessel operating common carrier, unless expressly agreed otherwise in writing. Transportation services may be performed by independent subcontractors, ocean carriers, trucking companies, rail operators, airlines, terminals, depots, warehouses, and other third-party service providers.

• SHIPPING FREIGHT COMPANY B.V. reserves the unrestricted right to select, appoint, substitute, and subcontract any carrier, vessel operator, terminal, depot, warehouse, customs broker, trucking company, rail operator, airline, or other subcontractor necessary for the execution of the services.

• All services performed by subcontractors shall be subject to their respective tariffs, bills of lading, conditions of carriage, terminal regulations, and liability limitations.

• Customer shall be solely responsible for providing complete, accurate, and timely shipping instructions, cargo descriptions, HS codes, customs declarations, licenses, permits, certificates, dangerous goods declarations, weights, dimensions, and all other documentation or information required for transportation, customs clearance, compliance, and regulatory purposes.

• SHIPPING FREIGHT COMPANY B.V. shall not be liable for customs penalties, inspections, delays, storage, seizure, cargo holds, fines, or additional charges resulting from incomplete, inaccurate, incorrect, or delayed information or documentation supplied by the customer or third parties acting on behalf of the customer.

• Customer warrants and represents that all shipments, cargo, parties, transactions, countries, and activities related to the shipment fully comply with all applicable international sanctions laws, export control regulations, customs regulations, and trade compliance requirements, including but not limited to regulations imposed by the European Union, the United States, the United Kingdom, and the United Nations.

• SHIPPING FREIGHT COMPANY B.V. reserves the right, at its sole discretion and without liability, to refuse, suspend, delay, cancel, inspect, or terminate any shipment, booking, or transaction that may violate applicable sanctions, export control laws, governmental regulations, internal compliance policies, or carrier compliance requirements.

• SHIPPING FREIGHT COMPANY B.V. reserves the right to inspect, open, verify, x-ray, scan, or otherwise examine cargo where required by carriers, terminals, customs authorities, security programs, governmental authorities, or compliance procedures. All resulting costs shall be for the account of the customer.

• All invoices issued by SHIPPING FREIGHT COMPANY B.V. are payable strictly in accordance with the agreed payment terms stated on the invoice. Unless otherwise agreed in writing, all freight charges, local charges, duties, taxes, demurrage, detention, storage, and related costs must be paid prior to cargo release, document release, or delivery.

• SHIPPING FREIGHT COMPANY B.V. reserves the right to suspend services, withhold cargo, documents, release instructions, or delivery orders in the event of overdue balances, payment disputes, insufficient credit approval, or any outstanding financial obligations.

• SHIPPING FREIGHT COMPANY B.V. shall have a general and continuing lien on all cargo, documents, containers, and funds in its possession or control for all outstanding freight charges, storage, demurrage, detention, duties, taxes, advances, legal costs, collection expenses, and any other sums owed by the customer or cargo interests.

• Any legal fees, debt collection costs, recovery expenses, storage costs, carrier penalties, or third-party costs incurred due to customer delay, non-payment, or breach shall be fully recoverable from the customer.

• All services, quotations, bookings, transportation arrangements, and related activities performed by SHIPPING FREIGHT COMPANY B.V. are subject exclusively to the latest version of the FENEX Conditions (Dutch Forwarding Conditions), including the arbitration clause, unless mandatory law provides otherwise.

• All shipments are additionally subject to applicable carrier tariffs, bills of lading, Hague-Visby Rules, CMR Convention, Warsaw/Montreal Convention, terminal regulations, and mandatory international transport conventions where applicable.

• Any dispute arising out of or related to quotations, bookings, transportation services, or other activities performed by SHIPPING FREIGHT COMPANY B.V. shall be governed exclusively by Dutch law and subject to the jurisdiction and arbitration provisions set forth in the FENEX Conditions.

• All shipments are subject to the SHIPPING FREIGHT COMPANY B.V. Bill of Lading Terms & Conditions and applicable operational procedures published or communicated by SHIPPING FREIGHT COMPANY B.V.

Air Freight Quotation, Booking & Service Terms and Conditions

• All air freight quotations issued by SHIPPING FREIGHT COMPANY B.V. are based on current market conditions, carrier availability, airline tariffs, fuel prices, security requirements, airport handling charges, and applicable operational conditions at the time of quotation. Rates may change with or without prior notice.
• The rate quotation is valid only for the stated validity period. If no formal written acceptance is received within the stated timeframe, SHIPPING FREIGHT COMPANY B.V. reserves the right to amend, cancel, withdraw, or re-quote the rate at any time.
• Each rate quotation must be accepted online, by email, or otherwise in writing by the customer prior to booking acceptance by SHIPPING FREIGHT COMPANY B.V. Booking of cargo following receipt of the quotation constitutes full acceptance of all rates, terms, conditions, limitations, and charges set forth in the quotation and these Air Freight Quotation, Booking & Service Terms and Conditions.
• All air freight rates are subject to final airline acceptance, space availability, aircraft capacity, cargo dimensions, cargo weight, security screening, compliance checks, airport handling conditions, and operational restrictions.
• Provided transit times, flight schedules, departure dates, arrival dates, connection times, and cargo cut-off times are estimates only and are not guaranteed. Actual transit times may vary due to airline schedules, customs clearance, security screening, airport congestion, weather conditions, operational changes, force majeure events, or other circumstances beyond the control of SHIPPING FREIGHT COMPANY B.V.
• SHIPPING FREIGHT COMPANY B.V. does not guarantee any specific flight, airline, routing, aircraft type, departure time, arrival time, or delivery date unless expressly confirmed in writing and accepted by the performing airline or carrier.
• Duties, taxes, VAT, customs duties, customs clearance costs, government charges, airport storage, security fees, inspections, examinations, customs holds, disbursement fees, outlay fees, or other governmental or third-party charges are not included in the quotation unless expressly stated otherwise in writing.
• Unless otherwise specifically noted, each quotation is subject to applicable surcharges and accessorial charges, including but not limited to fuel surcharge, security surcharge, airline handling charges, airport terminal charges, screening fees, customs-related charges, storage, x-ray, dangerous goods fees, oversized cargo fees, remote area charges, and other third-party costs applicable at the time of shipment.
• Each lane quotation is based on the assumption that all cargo is correctly described, properly packed, marked, labelled, secured, palletized where applicable, and prepared for international transportation by air, road, or multimodal transport.
• All cargo must be packed in a manner suitable for air transportation, handling, loading, unloading, screening, airport storage, and onward movement. SHIPPING FREIGHT COMPANY B.V. shall not be liable for loss, damage, delay, refusal, or additional charges resulting from insufficient, unsuitable, defective, or non-compliant packaging.
• Prior to movement, each shipment may be subject to re-weighing and re-measurement by SHIPPING FREIGHT COMPANY B.V., airlines, ground handling agents, airport terminals, customs authorities, or designated subcontractors. If the actual cargo weight, volumetric weight, dimensions, commodity, cargo nature, packaging, or other freight characteristics differ from the information originally provided, the quotation shall be revised accordingly and all additional charges shall be for the account of the customer.
• All air freight rates are based on chargeable weight, calculated according to applicable airline, IATA, carrier, or industry standards, unless otherwise stated in writing. Any difference between actual weight and volumetric weight may affect the final chargeable amount.
• Each rate quotation assumes that the cargo weight, dimensions, commodity, and packaging comply with all applicable legal, airline, airport, security, customs, road transport, and international air transport regulations.
• Cargo must comply with all applicable regulations regarding restricted items, prohibited items, dangerous goods, lithium batteries, temperature-controlled cargo, high-value cargo, dual-use goods, export controls, wood packaging, and any other special cargo requirements.
• Quotations are not applicable to dangerous goods, lithium batteries, temperature-controlled cargo, perishable cargo, live animals, human remains, valuables, pharmaceuticals, oversized cargo, fragile cargo, dual-use goods, or any restricted / regulated commodities unless expressly agreed in writing in advance by SHIPPING FREIGHT COMPANY B.V. and accepted by the relevant airline or carrier.
• The customer shall be solely responsible for providing complete, accurate, and timely shipping instructions, cargo descriptions, HS codes, customs documentation, export documentation, import documentation, licenses, permits, certificates, commercial invoices, packing lists, dangerous goods declarations, safety data sheets, battery declarations, temperature instructions, and all other information required for transportation, customs clearance, security screening, compliance, and regulatory purposes.
• SHIPPING FREIGHT COMPANY B.V. shall not be liable for penalties, customs fines, inspections, delays, refusal of cargo, offloading, storage, seizure, cargo holds, additional screening, carrier rejection, or additional charges resulting from incomplete, inaccurate, incorrect, misleading, or delayed documentation or instructions supplied by the customer or any third party acting on behalf of the customer.
• The customer warrants that all cargo, parties, transactions, countries, routing, origin, destination, consignee, shipper, end-user, and shipment-related activities comply with all applicable sanctions laws, export control regulations, customs regulations, aviation security rules, trade compliance requirements, and governmental restrictions, including but not limited to regulations imposed by the European Union, the United States, the United Kingdom, the United Nations, and any other applicable authority.
• SHIPPING FREIGHT COMPANY B.V. reserves the right, at its sole discretion and without liability, to refuse, suspend, cancel, delay, inspect, hold, or terminate any shipment, booking, or transaction that may violate applicable sanctions, export control laws, aviation security regulations, customs regulations, airline requirements, governmental restrictions, internal compliance policies, or carrier compliance requirements.
• SHIPPING FREIGHT COMPANY B.V. reserves the right to inspect, open, verify, x-ray, scan, screen, or otherwise examine cargo where required by airlines, airport authorities, ground handling agents, customs authorities, security programs, governmental authorities, or internal compliance procedures. All resulting costs, delays, storage, handling, and related expenses shall be for the account of the customer.
• All foreign services are quoted based on exchange rates applicable at the time of quotation. Rates may be adjusted due to currency fluctuations, exchange rate changes, bank charges, or foreign currency conversion costs at the time of shipment or invoicing.
• Cargo insurance will be invoiced unless insurance is waived in writing by the customer prior to cargo receipt or unless a standing insurance opt-out instruction exists on file. If cargo insurance is not purchased, the shipment shall move subject to applicable liability limitations under the relevant air waybill, airline conditions of carriage, international conventions, mandatory law, and applicable forwarding conditions.
• SHIPPING FREIGHT COMPANY B.V. acts solely as a freight forwarder, logistics intermediary, and arranging party, and not as an airline, air carrier, road carrier, warehouse operator, customs authority, or airport terminal operator, unless expressly agreed otherwise in writing.
• Transportation and related services may be performed by independent airlines, air carriers, road carriers, customs brokers, ground handling agents, airport terminals, warehouses, security screening providers, and other third-party service providers.
• SHIPPING FREIGHT COMPANY B.V. reserves the unrestricted right to select, appoint, substitute, and subcontract any airline, air carrier, road carrier, ground handling agent, customs broker, airport terminal, warehouse, security screening provider, or other subcontractor necessary for the execution of the services.
• All services performed by subcontractors shall be subject to their respective tariffs, air waybills, house air waybills, master air waybills, conditions of carriage, handling terms, terminal regulations, airport rules, and liability limitations.
• All rates are based on the most effective, commercially reasonable, and operationally available routing. Unless specifically instructed otherwise in writing and accepted by SHIPPING FREIGHT COMPANY B.V., carrier selection, routing, airport, airline, ground handler, and subcontractor selection shall remain at the sole discretion of SHIPPING FREIGHT COMPANY B.V.
• In the event of force majeure or circumstances beyond the reasonable control of SHIPPING FREIGHT COMPANY B.V., including but not limited to strikes, labor disruptions, accidents, aircraft cancellations, flight delays, airport congestion, weather events, acts of God, war, terrorism, embargoes, sanctions, pandemics, governmental restrictions, customs holds, security alerts, cyber incidents, unforeseen market disruptions, or airline operational changes, SHIPPING FREIGHT COMPANY B.V. reserves the right to amend, suspend, cancel, renegotiate, or revise any quotation, routing, schedule, service condition, or rate without liability.
• All invoices issued by SHIPPING FREIGHT COMPANY B.V. are payable strictly in accordance with the agreed payment terms stated on the invoice. Unless otherwise agreed in writing, all freight charges, local charges, customs charges, duties, taxes, storage, handling, security fees, airline charges, and related costs must be paid prior to cargo release, document release, or delivery.
• SHIPPING FREIGHT COMPANY B.V. reserves the right to suspend services, withhold cargo, documents, air waybills, release instructions, delivery orders, or shipment information in the event of overdue balances, payment disputes, insufficient credit approval, exceeded credit limits, or any outstanding financial obligations.
• SHIPPING FREIGHT COMPANY B.V. shall have a general and continuing lien on all cargo, documents, air waybills, funds, and shipment-related materials in its possession or control for all outstanding freight charges, customs charges, duties, taxes, storage, handling, security fees, advances, legal costs, collection expenses, and any other amounts owed by the customer or cargo interests.
• Any legal fees, debt collection costs, recovery expenses, storage costs, carrier penalties, airline charges, airport charges, third-party costs, or administrative costs incurred due to customer delay, non-payment, incorrect documentation, cargo refusal, compliance issues, or breach of these terms shall be fully recoverable from the customer.
• The rate quotation and its contents constitute confidential information of SHIPPING FREIGHT COMPANY B.V. The customer shall not disclose the quotation, rates, routing, carrier details, pricing structure, or commercial terms to any third party, including competitors, carriers, intermediaries, agents, or other logistics providers, without prior written consent from SHIPPING FREIGHT COMPANY B.V.
• Any unauthorized review, use, disclosure, copying, forwarding, or distribution of the quotation is strictly prohibited. SHIPPING FREIGHT COMPANY B.V. reserves all rights and remedies available to protect its confidential and commercial information.
• All services, quotations, bookings, transportation arrangements, and related activities performed by SHIPPING FREIGHT COMPANY B.V. are subject exclusively to the latest version of the FENEX Conditions, also known as the Dutch Forwarding Conditions, including the arbitration clause, unless mandatory law provides otherwise.
• All air freight shipments are additionally subject to the applicable air waybill terms and conditions, airline conditions of carriage, airport handling regulations, IATA regulations, security requirements, and mandatory international transport conventions, including the Warsaw Convention and/or Montreal Convention where applicable.
• Any dispute arising out of or related to quotations, bookings, air freight services, transportation arrangements, invoices, cargo, or any other activities performed by SHIPPING FREIGHT COMPANY B.V. shall be governed by Dutch law and subject to the jurisdiction and arbitration provisions set forth in the FENEX Conditions.
• In the event of any conflict between these Air Freight Quotation, Booking & Service Terms and Conditions and mandatory applicable law, the mandatory applicable law shall prevail only to the extent required, and all remaining provisions shall remain fully valid and enforceable.
• All shipments are subject to the applicable Air Waybill, House Air Waybill, Master Air Waybill, carrier terms, forwarding conditions, and operational procedures communicated or applied by SHIPPING FREIGHT COMPANY B.V.