Global Privacy Notice

Terms & Conditions

TERMS AND CONDITIONS OF CONTRACT

1. Receipt of Goods. Unless otherwise noted on the face of this Bill of Lading, the goods listed on the face hereof have been provided for shipment in external apparent good order and condition by shipper or shipper’s agent.

2. Definitions. (1) “Carrier” means SHIPPING FREIGHT COMPANY B.V.  and SHIPPING FREIGHT COMPANY LLC d/b/a SHIPPING FREIGHT COMPANY  Lines. (2) “Carriage” means the whole of the operation and services undertaken or performed by or on behalf of the Carrier with respect to the goods. (3) “Merchant” includes the shipper, the consignor, the consignee, the exporter, the importer, the receiver of the goods, the holder of this Bill of Lading, any person owning or entitled to possession of the goods under this Bill of Lading, any person having a present or future interest in the goods or any person acting on their behalf. (4) “Multimodal Transport” arises when the Place of Receipt and/or Place of Delivery are indicated on the face hereof. (5) “On Board” means on board a vessel or watercraft in the case of port to port shipments or on board the first means of conveyance in the case of combined or through transport shipments. (6) “Package” is the largest individual unit of partially or completely covered or contained cargo made up by or for the Merchant which is delivered and entrusted to Carrier, including palletized units and each container packed and sealed by the Merchant or on its behalf, although the Merchant may have furnished a description of the contents of such sealed container(s) on this Bill of Lading. (7) “Port to Port” means transport only from the port of loading to the port of discharge. (8) “Charges” include freight, demurrage, and all expenses and monetary obligations incurred and payable by the Merchant. (9) “VGM” means Verified Gross Mass. (10) “SDR” means Special Drawing Right per the SDR Protocol of 1979 and as defined by the International Monetary Fund (IMF).

3. Carrier’s Responsibility.
(a) Carrier undertakes to procure the services necessary to effect the entire transport of the cargo from the place where the goods are first accepted for carriage (either Place of Receipt or Port of Loading), to the place where the goods are to be delivered (either the Port of Discharge or Place of Delivery), as indicated on the face hereof. Carrier is responsible for the goods from the time they are received by Carrier until they are made available for Merchant to take delivery, and the Carrier’s liability, if any, shall be determined in accordance with the provisions of Paragraphs 4 and 16. The custody and carriage of the goods are subject to the terms and conditions of this Bill of Lading, as well as Carrier’s published freight tariffs, rules and regulations. Carrier’s tariff shall govern the application of Charges for detention, demurrage, and storage. This Bill of Lading shall prevail in the case of an inconsistency between this Bill of Lading and an applicable tariff. Unless otherwise agreed, Carrier does not undertake to procure or arrange for marine insurance relating to the goods.
(b) During the period prior to loading onto the vessel and after discharge from the vessel, the Carrier shall be entitled to all rights, defenses, immunities, exemptions, limitations of or exonerations from liability, liberties, and benefits contained in any law compulsorily applicable to any person, contractor or carrier by whom services under this Bill of Lading are procured, performed or undertaken, directly or indirectly, or contained or incorporated in any contract between Carrier and any person, contractor or carrier, and Carrier shall be liable only on the basis as any other carrier would be liable under such compulsorily applicable law. However, in no event shall Carrier’s liability exceed the limit provided for in Paragraph 16.

4. Clause Paramount. The law applicable to the services performed under this Bill of Lading shall be as follows and shall govern before the goods are loaded on and after they are discharged from the vessel and throughout the time that the goods are in the custody or control of Carrier:
(a) For shipments to or from the United States, the custody and carriage of goods and the liability of Carrier shall at all times be subject to the provisions of the Carriage of Goods by Sea Act of the United States of America approved April 16, 1936 (COGSA) which is incorporated herein as a part of this Bill of Lading. COGSA shall apply to all goods including goods carried on-deck or below deck.
(b) In all trade except the United States, the Carrier’s liability shall be governed by the Hague Rules, as contained in the International Convention for the Unification of Certain Rules Relating to Bills of Lading, August 1924, or the Hague-Visby Rules, as contained in the Protocol of Brussels, February 1968, where compulsory, or if there is no such applicable law, the Hague Rules. The Hague Rules shall also apply to the Carriage of goods by inland waterways. The Hague Rules and Hague- Visby shall apply to all goods including goods carried on-deck or below deck.
(c) If the provisions of any international convention or national law or of a contract between Carrier and a contractor applicable to the stage of carriage during which the loss, damage, misdelivery, or delay occurred would result in liability to the modal carrier, and such liability is less than Carrier’s liability as determined under Paragraph 16, then Carrier’s liability shall not exceed such lesser amount.

5. Scope of Carriage. The intended carriage shall not be limited to the direct route, but shall also include any deviation for any purpose connected with the service, including maintenance of vessel and/or crew. If at any time the carriage is or is likely to be affected by any hindrance, risk, delay, difficulty or disadvantage of any kind, including strike, lockout or other labor unrest, governmental action, acts of terror, war, riots, bad weather, ice, quarantine, or the condition of the goods, whenever and however arising, whether or not the carriage has commenced, Carrier may:
(a) without notice to Merchant, abandon the carriage of the goods and where reasonably possible, place the goods or any part of them at Merchant’s disposal at any place the Carrier may deem safe and convenient, and the responsibility of Carrier with respect to such goods shall then cease.
(b) without prejudice to the Carrier’s right subsequently to abandon the carriage under (a) above, continue the carriage. In any event, Carrier shall be entitled to full freight Charges on goods received for carriage, and Merchant shall pay any additional costs resulting from the above mentioned circumstances.

6. Freight and Charges.
(a) Freight and all Charges shall be deemed fully earned upon receipt of the goods by Carrier, and shall be paid whether or not the cargo was lost or damaged. Merchant shall be liable to Carrier for freight and all other Charges regardless of whether the shipment was prepaid or freight collect. The freight Charges have been calculated on the basis of particulars furnished by or on behalf of the Merchant. All sums payable to the Carrier are due on demand and shall be paid in full in United States currency or, at the Carrier’s option, in its equivalent in the currency of the Port of Loading or of Discharge or the Place of Receipt or of Delivery or as specified in the Carrier’s Tariff.
(b) If the Merchant fails to pay the freight when due he shall be liable also for payment of service fee or interest due on any outstanding sum, reasonable attorney fees, and expenses incurred in collecting any sums due to the Carrier. Payment of freight and all Charges to a freight forwarder, broker or anyone other than the Carrier or its authorized agent, shall not be deemed payment to the Carrier and shall be made at the Merchant’s sole risk. Merchant shall be liable for all dues, duties, fines, taxes, and charges, including consular fees levied on the goods.
(c) All persons encompassed within the definition “Merchant” as provided by Paragraph 2 of this Bill of Lading shall be jointly and severally liable to Carrier for the payment of all freight and Charges, including advances, and shall jointly and severally indemnify Carrier for all claims, fines, penalties, damages, costs and other amounts which may be incurred or imposed upon Carrier by reason of breach of the Merchant of any of the provisions of this Bill of Lading.
(d) All persons encompassed within the definition “Merchant” as provided by Paragraph 2 of this Bill of Lading shall be jointly and severally liable to Carrier for demurrage, detention, general order, advances and any and all costs associated with the abandonment of the freight or a refusal of the consignee to make delivery whether or not the front of this Bill of Lading has been marked “prepaid ” or “collect ” so long as freight and Charges remain unpaid.
(e) Merchant authorizes the Carrier to pay and/or incur all such Charges and expenses and to do any matters mentioned above at the expense of and as agent for the Merchant, to engage other persons to regain possession of the goods, and to do all things deemed advisable to the Carrier for payment of all freight and Charges and for the performance of the obligation of each of them hereunder.

7. Lien. Carrier shall have a general lien on all property (and documents relating thereto) of Merchant, in its possession, custody or control or en route, for all claims for Charges, expenses or advances incurred by Carrier in connection with any shipment of Merchant. If such claim remains unsatisfied for thirty (30) days after demand for payment is made, Carrier shall be entitled to sell the goods privately or by auction, without prior notice to the Merchant, as may be necessary to satisfy such lien and the costs of recovery, and apply the net proceeds of such sale to the payment amount due Carrier. Any surplus from such sale shall be transmitted to Merchant, and Merchant is liable for any deficiency in the sale.

8. Delivery of Goods.
(a) If Merchant refuses or fails to take delivery of the goods upon their being discharged and made available at the Port of Discharge or Place of Delivery as designated, regardless of any free time prescribed by tariff or local regulations, Carrier may, without notice to Merchant, unstuff the goods if necessary, and/or store them at the risk and expense of the Merchant. Such storage shall constitute final delivery under the Bill of Lading. All liability of Carrier related to the goods shall cease.
(b) If containers supplied by or on behalf of the Carrier are unpacked at the Merchant’s premises, the Merchant is responsible for returning the empty containers, with interiors clean, odor free and in the same condition as received, to the point or place designated by the Carrier, within the time prescribed. Should a container not be returned in the condition required and/or within the time prescribed in the Tariff, the Merchant shall be liable for any detention, loss or expense incurred as a result thereof.

9. Warehouseman Lien. If goods go into demurrage, Carrier shall assume all rights of warehouseman, and this Bill of Lading shall constitute a warehouseman’s non-negotiable receipt. Goods will be delivered to the consignee or other person(s) entitled to receipt of the goods upon payment of all Charges due. If goods are not claimed within ten (10) days after demurrage commences, Carrier may exercise its warehouseman’s right to sell or auction such goods. Carrier may assert a general lien for Charges and expenses in relation to other goods, whether or not these goods have been delivered by Carrier.

10. Description and Stowage of Goods. Merchant warrants the correctness of the declaration of contents, insurance, weight, to include VGM, measurement, and value of the goods, but Carrier reserves the right to have the contents inspected in order to verify the accuracy of said declarations. Merchant shall indemnify and hold Carrier harmless against any loss, damages, and expenses, including attorney’s fees, arising or resulting from mis-declarations or inadequacies of such declarations including VGM. Carrier shall not be responsible for the safe and proper packing and stowing of the goods in containers, if such containers are packed by the Merchant or Merchant’s agent, and no responsibility shall attach to Carrier for any loss or damage caused to contents by such improper or inadequate packing and stowing. Merchant or Merchant’s agent shall properly seal containers. Acceptance and packing shall be prima facie evidence that the containers were sound, clean, and suitable for use, and shall relieve Carrier of responsibility for any damage to the goods resulting from the condition of the containers used. Merchant shall indemnify and hold Carrier harmless for any injury, loss or damage, including attorney’s fees arising from Merchant’s failure to properly describe, label, stow or secure the goods in containers, and also for damage or expense caused by the goods to the containers, other property or for injury or death to persons.

11. Hazardous Cargo. Goods of an inflammable, explosive, radioactive, corrosive, toxic or other dangerous nature may not be tendered for carriage unless written notice of their nature and proper hazardous classifications sufficient to provide Carrier with all information necessary to evaluate the risk of carriage has been given to Carrier, and Carrier has given written consent. The nature and risk of the cargo must be clearly marked on the outside of the packages. The goods must be properly packed to prevent any damage to the Carrier, all other persons, and the environment. All notices, disclosures, marks, and packing shall, at a minimum, meet all applicable regulations or statutes. Merchant shall be responsible for all damages, including consequential damages, and expenses arising out of its failure to comply with the foregoing provisions of this paragraph, and shall indemnify and hold Carrier harmless from any resulting loss, damage or expense, including attorney’s fees.

12. Temperature Controlled Cargo. Merchant shall not tender for carriage any goods which require temperature control without previously giving written notice of their nature, and the particular temperature range to be maintained by Carrier. Carrier shall not be liable for any loss or damage to these goods arising from Merchant’s failure to comply with these requirements, or from defects, faults, breakdown, stoppage of the temperature controlling machinery, plant, insulation, or any apparatus of the container.

13. Rust, etc. It is agreed that superficial rust, oxidation or any like condition due to moisture is not a condition of damage but is inherent to the nature of the goods and acknowledgement of receipt of the goods in apparent good order and condition is not a representation that such conditions of rust, oxidation or the like did not exist on receipt.

14. Methods of Transportation, Stowage, Deck Cargo. Carrier may, at its sole discretion and without notice to Merchant, use any means of transport or stowage whatsoever, load or arrange for the carriage of the goods on any vessel whether named in this Bill of Lading or not. Carrier shall have the right to arrange for carriage of goods on deck without notice to Merchant. Carrier may stow the goods into containers together with other goods.

15. General Average. Merchant shall indemnify Carrier in respect to any claims of a general average nature which may be made on Carrier and shall provide security as may be required by Carrier in this connection. Goods and/or containers shall contribute and participate in general average whether carried on or under deck.

16. Limitation of Liability and Compensation.
(a) Except as provided in 16(b) and (c) hereunder, compensation to Merchant for loss or damage to the goods shall be determined
as follows:
(i) For shipments to or from the United States, COGSA applies and Carrier’s liability shall not exceed US $500 per Package, or in case of goods not shipped in a Package, US $500 per customary freight unit.
(ii) Where the Hague Rules or Hague-Visby applies, the Carrier’s liability shall be 2 SDRs per kilogram of gross weight or 666.67 SDRs per Package or customary freight unit, whichever is less. (iii) In all other cases, Carrier’s liability shall not exceed the limitation of liability of 2 SDRs per kilogram of gross weight or 666.67 SDRs per Package or customary freight unit, whichever is less.
(iv) The application of COGSA, the Hague Rules and Hague-Visby and the limitations of liability in (i) through (iii) of this section shall apply to all goods including goods carried on-deck or below deck.
(b) The Carrier’s liability may be increased to a higher value by a declaration in writing of the value of the goods by the Merchant upon delivery to the Carrier of the goods for shipment. If the Merchant has declared a higher value of the goods (not to exceed the market value) and such higher value has been inserted on the face of the Bill of Lading and extra freight has been paid, if required, then Carrier’s liability for loss or damage shall not exceed the declared value and any partial loss or damage shall be adjusted pro rata on the basis of the declared value.
(c) Carrier shall not be liable for any loss or damage arising from: (i) an act or omission of Merchant or person acting on behalf of Merchant; (ii) compliance with the instructions of any person authorized to give them; (iii) handling, loading, stowage or unloading of the goods by or on behalf of Merchant; (iv) the inherent vice of the goods; (v) lack or insufficiency of or defective condition of packing in the case of goods; (vi) insufficiency or inadequacy of marks or numbers on the goods, coverings or unit loads; (vii) fire, unless caused by actual fault or privity of Carrier; (viii) any cause or event which Carrier could not avoid and the consequences of which Carrier could not prevent by the exercise of due diligence; and (ix) any other cause or event for which Carrier shall be exonerated from liability under any applicable governing law. When any claims are paid to Merchant by Carrier, Carrier shall automatically be subrogated to all rights of Merchant against all others, including inland carriers, on account of the losses or damages for which such claims are paid.

17. Third Parties Defenses and Limitations. Any participating carrier, master, servant, agent, independent contractor, subcontractor, insurer or any other person engaged or employed by Carrier in connection with carriage under this Bill of Lading shall be entitled to all defenses and limitations to which Carrier is entitled under this Bill of Lading and the applicable law. For this purpose, this contract shall be deemed to have been made on behalf of any such person, and such person shall be a party to this Bill of Lading. In no event shall the aggregate of the amounts recoverable from Carrier and any other persons exceed the limits established in this Bill of Lading.

18. Notice of Claim & Time Bar. Written notice of claims for loss of or damage to the goods occurring or presumed to have occurred while in the custody or control of Carrier must be given to Carrier at the port of discharge before or at the time of removal of the goods by one entitled to delivery. If such notice is not provided, removal shall be prima facie evidence of delivery by the Carrier. If such loss or damage is not apparent, Carrier must be given written notice within three (3) days of delivery. All claims for loss or damage of cargo must be filed with Carrier who will be solely responsible to process them to conclusion. Carrier shall be subrogated automatically to all rights of the Merchant as against all others, including but not limited to underlying carriers, with respect to such claims. All notices of loss or damage must be sent to the “For Delivery, Apply To” address indicated on the face of the Bill of Lading or, if blank, to SHIPPING FREIGHT COMPANY, Attn: Ocean Claims/Insurance Department,  Beechavenue 54-62, 1119 PW Schiphol-Rijk. Netherlands In any event, Carrier shall be discharged from all liability unless suit is brought within twelve (12) months after the date of delivery of the goods, or the date when the goods should have been delivered. Suit shall not be deemed brought against Carrier until jurisdiction shall have been obtained by service of process on Carrier.

19. Carrier’s tariff(s) and terms and conditions of service. The goods carried under this Bill of Lading are also subject to all the terms and conditions of the tariff(s) on file pursuant to the regulations of the United States Federal Maritime Commission or any other regulatory agency which governs a particular portion of the carriage and the terms are incorporated herein as part of the terms and conditions of this Bill of Lading. Copies of the Carrier’s tariff(s) may be obtained from Carrier or its agents upon request or from the governmental body with whom the tariff has been filed. In the case of inconsistency between this Bill of Lading and the applicable tariff or the terms and conditions of service, this Bill of Lading shall prevail.

20. Place of Suit. All lawsuits arising out of or related to carriage provided under this Bill of Lading shall be brought in the United States District Court for the District of Minnesota.

21. Consequential Loss or Delay. Carrier does not undertake or agree to deliver the goods at the Port of Discharge or Place of Delivery at any particular time or to meet any particular market or use and Carrier does not accept responsibility for any direct, indirect or consequential loss or damage sustained by Merchant through delay, or for indirect or consequential loss or damage through any other cause unless Carrier is responsible for consequences of delay or other cause under any statute, law, agreement or conventions of a mandatory nature. If Carrier is found liable for delay, its liability is limited to the freight Charges of the shipment(s) involved.

22. Failure to Notify. Carrier does not accept responsibility for failure to notify the Merchant or others concerned with the arrival of the goods.

23. Application of Defenses. All defenses and limits of liability shall apply in any action against Carrier arising out of or related to carriage under this Bill of Lading whether the action be founded in contract or in tort.

24. Validity. The terms of this Bill of Lading are intended to be separate and if, for any reason, any one or more of them shall be held invalid or unenforceable, in whole or in part, it is agreed that the same shall not be held to effect the validity or enforceability of any other covenant in this Bill of Lading. The terms and conditions of this Bill of Lading supersede any other agreements with respect to carriage of the goods. No servant or agent of Carrier shall have power to waive or alter any of the terms herein unless such waiver or alteration is in writing and is specifically authorized or subsequently ratified in writing by Carrier.

25. Carrier Affiliates and Agents. Carrier’s affiliated companies, including but not limited to SHIPPING FREIGHT COMPANY B.V.  (“Affiliates”), as well as third party agents authorized by and working on behalf of Carrier (“Authorized Agents”), may issue this Billof Lading to effect the transport contemplated by such Affiliates and/or Authorized Agents and will possess the same rights and protections under these terms and conditions afforded the Carrier.

26. Surrender and Negotiability of Bill of Lading: This Bill of Lading shall be non-negotiable unless made out “to order,” in which event it shall be negotiable and shall constitute title to the Goods and the holder in due course shall be entitled to receive or to transfer the Goods herein described. If required by the Carrier, the Bill of Lading, duly endorsed, must be surrendered to the agent of the Carrier at the port of discharge, in exchange for delivery order. This Bill of Lading shall be prima facie evidence of the Carrier’s receipt of the Goods as herein described. However, proof to the contrary shall not be admissible when this Bill of Lading has been negotiated or transferred for valuable consideration to a third party acting in good faith.

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.

NOTICE CONCERNING CARRIER’S LIMITATION OF LIABILITY

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 be applicable to the liability of the Carrier in respect of loss of, damage or delay to cargo. Carrier’s limitation of liability in accordance with those Conventions shall be as set forth in subparagraph 4 unless a higher value is declared.

CONDITIONS OF CONTRACT

1. In this contract and the Notices appearing hereon:

CARRIER includes the air carrier issuing this air waybill and all carriers that carry or undertake to carry the cargo or perform any other services related to such carriage. SPECIAL DRAWING RIGHT (SDR) is a Special Drawing Right as defined by the International Monetary Fund. WARSAW CONVENTION means whichever of the following instruments is applicable to the contract of carriage: the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929; that Convention as amended at The Hague on 28 September 1955; that Convention as amended at The Hague 1955 and by Montreal Protocol No. 1, 2, or 4 (1975) as the case may be. MONTREAL CONVENTION means the Convention for the Unification of Certain Rules for International Carriage by Air, done at Montreal on 28 May 1999.

2.

2.1 Carriage is subject to the rules relating to liability established by the Warsaw Convention or the Montreal Convention unless such carriage is not “international carriage” as defined by the applicable Conventions.
2.2 To the extent not in conflict with the foregoing, carriage and other related services performed by each Carrier are subject to:
2.2.1 applicable laws and government regulations;
2.2.2 provisions contained in the air waybill, Carrier’s conditions of carriage and related rules, regulations, and timetables (but not the times of departure and arrival stated therein) and applicable tariffs of such Carrier, which are made part hereof, and which may be inspected at any airports or other cargo sales offices from which it operates regular services. When carriage is to/from the USA, the shipper and the consignee are entitled, upon request, to receive a free copy of the Carrier’s conditions of carriage. The Carrier’s conditions of carriage include, but are not limited to:
2.2.2.1 limits on the Carrier’s liability for loss, damage or delay of goods, including fragile or perishable goods;
2.2.2.2 claims restrictions, including time periods within which shippers or consignees must file a claim or bring an action against the Carrier for its acts or omissions, or those of its agents;
2.2.2.3 rights, if any, of the Carrier to change the terms of the contract;
2.2.2.4 rules about Carrier’s right to refuse to carry;
2.2.2.5 rights of the Carrier and limitations concerning delay or failure to perform service, including schedule changes, substitution of alternate Carrier or aircraft and rerouting.

3.

The agreed stopping places (which may be altered by Carrier in case of necessity) are those places, except the place of departure and place of destination, set forth on the face hereof or shown in Carrier’s timetables as scheduled stopping places for the route. Carriage to be performed hereunder by several successive Carriers is regarded as a single operation.

4.

For carriage to which the Montreal Convention does not apply, Carrier’s liability limitation for cargo lost, damaged, or delayed shall be 19 SDR’s per kilogram unless a greater per kilogram monetary limit is provided in any applicable Convention or in Carrier’s tariffs or general conditions of carriage.

5.

5.1 Except when the Carrier has extended credit to the consignee without the written consent of the shipper, the shipper guarantees payment of all charges for the carriage due in accordance with Carrier’s tariff, conditions of carriage and related regulations, applicable laws (including national laws implementing the Warsaw Convention and the Montreal Convention), government regulations, orders and requirements.
5.2 When no part of the consignment is delivered, a claim with respect to such consignment will be considered even though transportation charges thereon are unpaid.

6.

6.1 For cargo accepted for carriage, the Warsaw Convention and the Montreal Convention permit shipper to increase the limitation of liability by declaring a higher value for carriage and paying a supplemental charge is required
6.2 In carriage to which neither the Warsaw Convention nor the Montreal Convention applies Carrier shall, in accordance with the procedures set forth in its general conditions of carriage and applicable tariffs, permit shipper to increase the limitation of liability by declaring a higher value for carriage and paying a supplemental charge if so required..

7.

7.1 In cases of loss of, damage or delay to part of the cargo, the weight to be taken into account in determining Carrier’s limit of liability shall be only the weight of the package or packages concerned.
7.2 Notwithstanding any other provisions, for “foreign air transportation” as defined by the U.S. Transportation Code:
7.2.1 in the case of loss of, damage or delay to a shipment, the weight to be used in determining Carrier’s limit of liability shall be the weight which is used to determine the charge for carriage of such shipment; and
7.2.2 in the case of loss of damage or delay to a part of a shipment, the shipment weight in 7.2.1 shall be prorated to the packages covered by the same air waybill whose value is affected by the loss, damage or delay. The weight applicable in the case of loss or damage to one or more articles in a package shall be the weight of the entire package.

8.

Any exclusion or limitation of liability applicable to Carrier shall apply to Carrier’s agents, employees, and representatives and to any person whose aircraft or equipment is used by Carrier for carriage and such person’s agents, employees and representatives.

9.

Carrier undertakes to complete the carriage with reasonable dispatch. Where permitted by applicable laws, tariffs and government regulations. Carrier may use alternative carriers, aircraft or modes of transport without notice but with due regard to the interests of the shipper. Carrier is authorized by the shipper to select the routing and all intermediate stopping places that it deems appropriate or to change or deviate from the routing shown on the face hereof.

10.

Receipt by the person entitled to delivery of the cargo without complaint shall be prima facie evidence that the cargo has been delivered in good condition and in accordance with the contract of carriage.
10.1 In the case of loss of, damage or delay to cargo a written complaint must be made to Carrier by the person entitled to delivery. Such complaint must be made:
10.1.1 in the case of damage to the cargo, immediately after discovery of the damage and at the latest within 14 days from the date of receipt of the cargo;
10.1.2 in the case of delay, within 21 days from the date on which the cargo was placed at the disposal of the person entitled to delivery.
10.1.3 in the case of non-delivery of the cargo, within 120 days from the date of issue of the air waybill, or if an air waybill has not been issued, within 120 days from the date of receipt of the cargo for transportation by the Carrier.
10.2 Such complaint may be made to the Carrier whose air waybill was used, or to the first Carrier or the last Carrier or to the Carrier, which performed the carriage during which the loss, damage or delay took place.
10.3 Unless a written complaint is made within the time limits specified in 10.1 no action may be brought against the Carrier.
10.4 Any rights to damages against the Carrier shall be extinguished unless an action is brought within two years from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped.

11.

Shipper shall comply with all applicable laws and government regulations of any country to or from which the cargo may be carried, including those relating to the packing, carriage or delivery of the cargo, and shall furnish such information and attach such documents to the air waybill as may be necessary to comply with such laws and regulations. Carrier is not liable to shipper and shipper shall indemnify Carrier for loss or expense due to shipper’s failure to comply with this provision.

12.

No agent, employee or representative of Carrier has authority to alter, modify or waive any provisions of this contract.

Ocean Quote Terms & Conditions

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

• Each quotation or NRA should be accepted in writing by customer. Booking of cargo after receiving the quotation or NRA constitutes acceptance of the rates and terms of this rate quotation or NRA.

• Each NRA is assigned a unique NRA number. Each NRA number is valid for the effective and expiration dates shown, but subject to amendment for GRI, PSS, or market change.

• Unless otherwise noted, this rate quotation or NRA is subject to surcharges and accessorials as published in SHIPPING FREIGHT COMPANY’s governing tariff.

• Each rate quotation or NRA is confidential information of SHIPPING FREIGHT COMPANY. The contents shall not be disclosed by the customer to any third party, expressly including any competitor of SHIPPING FREIGHT COMPANY. Any unauthorized review, use, disclosure or distribution is prohibited. SHIPPING FREIGHT COMPANY will take any legal means necessary to enforce this provision and protect this information.

• Duties, taxes, customs or government related charges are not included in the rate quotation or NRA unless specifically noted. Disbursement and/or outlay fees may apply.

• Marine insurance will be invoiced unless there is a standing “Opt-Out” on file or insurance is waived prior to cargo receipt. Failure to purchase insurance means your cargo is subject to liability limitations set out in the SHIPPING FREIGHT COMPANY® Legal Bill of Lading Terms and Conditions found on the web site of the SHIPPING FREIGHT COMPANY shippingfreightcom.com

• Prior to movement, each shipment is subject to re-weight and re-measurement by SHIPPING FREIGHT COMPANY or any one of its designated subcontractors. To the extent that the originally identified freight characteristics, including but not limited to the freight’s weights and/or measures, are inaccurate, the applicable rate quotation or NRA shall be revised to reflect the actual freight characteristics and customer shall be responsible and agrees to pay any difference between the original rate quotation and the revised rate quotation.

• All foreign services are quoted based on exchange rates at the time of the quote and can change with or without notice at time of shipment.

• Rate quotations are not applicable to any perishable cargo or dangerous goods unless otherwise noted. If you are shipping perishable cargo or dangerous goods, please contact your SHIPPING FREIGHT COMPANY representative.

• Any terminal demurrage charges are for the account of the cargo and are subject to the local ocean carrier and terminals’ terms and conditions. The customer will be responsible to pay any and all charges and assumes the liability related to all demurrage.

• SHIPPING FREIGHT COMPANY will invoice Detention (Per Diem) charges to all customers as per our tariff unless otherwise agreed in writing.

• Transit times are estimated and not guaranteed. Actual transit time may change without notice.

• All FCL door pickup and deliveries are based on one (1) hour free time. Drop containers or overtime will be subject to additional fees.

• All shipments are subject to space and equipment availability.

• Each lane quotation is based on and assumes that all cargo is suitably packaged and prepared for international transportation by ocean or land and all weights are accurate and correct. Rates may be subject to change if the actual cargo characteristics are different from what was provided.

• Each rate quotation is based on and assumes that all cargo weight is within the legal guidelines that govern the routing of such cargo from any origin to destination. Cargo must also adhere to regional regulations for wood packaging.

• In the event of a force majeure event during the validity of this offer as described, or an event beyond our control, including but not limited to work stoppages, strikes, accidents, acts of God, governmental restraints, war, embargoes, unforeseen market changes, or other similar unexpected or unforeseen conditions or circumstances, SHIPPING FREIGHT COMPANY reserves the right to adjust or renegotiate our offer based on the market effects of the event.

• All rates are based on the most effective and efficient routing. To maximize service and rate efficiencies for our customers, carrier and routing selection will be SHIPPING FREIGHT COMPANY’s choice, unless specifically requested.

• All shipments are subject to the SHIPPING FREIGHT COMPANY® Bill of Lading Legal Terms and Conditions of carriage.

SHIPPING FREIGHT COMPANY – Global Forwarding

Ocean Quote Terms & Conditions

• The rate quotation is valid for the stated validity period. If no formal acceptance is received within the original stated timeframe, then SHIPPING FREIGHT COMPANY reserves the right at any time beyond this period to adjust, cancel, and/or withdraw the rate quotation.

• Each rate quotation must be accepted online directly or in writing by the customer prior to booking acceptance by SHIPPING FREIGHT COMPANY. A booking accepted by SHIPPING FREIGHT COMPANY represents the customer’s acceptance of the terms and conditions set forth in the rate quotation.

• Provided transit time ranges are estimates based on historic performance on a specific lane. There is no guarantee a shipment will move precisely within this range.

• Provided sailing and flight schedule as well as cargo cut-off days are subject to change.

• Duties, taxes, customs or government related charges are not included in the rate quotation or NRA unless specifically noted. Disbursement and/or outlay fees may apply.

• All shipments are subject to space and equipment availability.

• Unless otherwise noted, this rate quotation is subject to surcharges and accessorials as published in SHIPPING FREIGHT COMPANY’s governing tariff.

• Each lane quotation is based on and assumes that all cargo is suitably packaged and prepared for international transportation by air or land and all weights are accurate and correct. Rates may be subject to change if the actual cargo characteristics are different from what was provided.

• Prior to movement, each shipment is subject to re-weight and re-measurement by SHIPPING FREIGHT COMPANY or any one of its designated subcontractors. To the extent that the originally identified freight characteristics, including but not limited to the freight’s weights and/or measures, are inaccurate, the applicable rate quotation shall be revised to reflect the actual freight characteristics and customer shall be responsible and agrees to pay any difference between the original rate quotation and the revised rate quotation.

• Each rate quotation is based on and assumes that all cargo weight is within the legal guidelines that govern the routing of such cargo from any origin to destination. Cargo must also adhere to regional regulations for wood packaging.

• All foreign services are quoted based on exchange rates at the time of the quote and can change with or without notice at time of shipment.

• Cargo insurance will be invoiced unless there is a standing “Opt-Out” on file or insurance is waived prior to cargo receipt. Failure to purchase insurance means your cargo is subject to liability limitations set out in SHIPPING FREIGHT COMPANY’s Air Waybill of Lading Legal Terms and Conditions.

• In the event of a force majeure event during the validity of this offer as described, or an event beyond our control, including but not limited to work stoppages, strikes, accidents, acts of God, governmental restraints, war, embargoes, unforeseen market changes, or other similar unexpected or unforeseen conditions or circumstances, SHIPPING FREIGHT COMPANY reserves the right to adjust or renegotiate our offer based on the market effects of the event.

• The rate quote and its contents are confidential information owned by SHIPPING FREIGHT COMPANY. The contents of this rate quote shall not be disclosed by the customer to any third party, to specifically include any competitor of SHIPPING FREIGHT COMPANY. Any unauthorized review, use, disclosure or distribution is prohibited. SHIPPING FREIGHT COMPANY will take any legal means necessary to enforce this provision and protect this information.

• All rates are based on the most effective and efficient routing. To maximize service and rate efficiencies for our customers, carrier and routing selection will be SHIPPING FREIGHT COMPANY’s choice, unless specifically requested.

• All shipments are subject to the Air Waybill of Lading Legal Terms and Conditions printed at the backside of the Air Waybill.