Terms of Service & Standard Trading Conditions
Standard trading conditions, carrier contract agreements, and limits of statutory liability governing Shipindel logistics services.
Carrier liability is legally capped at $500 per package under COGSA. Request all-risk insurance with your booking rate.
Calculate Insured Rate →Standard Trading Conditions Framework
These conditions constitute the entire agreement between Shipindel and the Customer. No employee or port dispatch agent has the authority to waive or vary these provisions unless agreed upon in a written bilateral contract executed by an officer of Shipindel.
Scope of Engagement & FMC License Authority
Contractual capacity under Federal Maritime Commission licensing and authority as a Non-Vessel Operating Common Carrier (NVOCC).
1.1 Legal Capacity & NVOCC Authority
Shipindel Inc. operates as a licensed Non-Vessel Operating Common Carrier (NVOCC) and Ocean Freight Forwarder authorized under Federal Maritime Commission (FMC) License #028491. By booking cargo, generating digital quotes, or accepting an ocean bill of lading (eBL) or airway bill (AWB), the Customer (including Shipper, Consignee, and Cargo Owner) binds themselves to these Standard Trading Conditions.
1.2 Dual Role as Forwarder & Carrier
In executing freight bookings, Shipindel may act either as an agent for the purpose of contracting third-party ocean liners and airlines or as an NVOCC carrier issuing its own proprietary House Bill of Lading (HBL).
Quotations, VGM & Dynamic Surcharges
Rate validity periods, Verified Gross Mass adjustments, and mandatory carrier fuel surcharges.
2.1 Rate Validity & Capacity Disclaimers
Spot quotations provided via our Rate Calculator or formal sales tenders are based on prevailing carrier tariff schedules and remain valid for fourteen (14) calendar days unless specified otherwise. Quotations are strictly contingent upon vessel slot availability and carrier space allocations.
2.2 Surcharges Beyond Base Ocean Freight
All quotes are subject to mandatory fluctuating statutory and carrier surcharges including Bunker Adjustment Factor (BAF), Currency Adjustment Factor (CAF), Peak Season Surcharges (PSS), Emission Trading System (ETS) green allowances, and destination Terminal Handling Charges (THC).
2.3 Verified Gross Mass (VGM) Scale Inaccuracies
If actual weight measured by port weighbridges exceeds declared documentation, the Customer shall bear all scale re-weigh fees, administrative amendment charges, and re-stowage penalties.
Shipper Warranties & Dangerous Cargo
Customer obligations regarding packaging suitability, export compliance, and hazardous materials declarations.
3.1 Packaging & Cargo Marking Integrity
The Shipper warrants that all goods are securely crated, banded, and palletized to endure ordinary sea transit stresses, ship motions up to 30-degree rolls, and intermodal crane handoffs.
3.2 Dangerous Goods (DG) Mandatory Declarations
The Customer shall not tender any cargo of a hazardous, inflammable, explosive, or toxic nature without prior written consent and full disclosure of IMO/IATA DG Class, UN Number, Packaging Group, and Material Safety Data Sheet (MSDS).
3.3 Shipper Indemnification for Undeclared HazMat
Should hazardous goods be shipped without full statutory disclosure, the Customer shall fully indemnify Shipindel and carriers against all vessel damages, port fines, environmental cleanup costs, and legal fees.
Limitation of Liability & International Conventions
Statutory limits of financial liability under COGSA, Hague-Visby, and Montreal Conventions.
4.1 Ocean Freight: COGSA $500 Package Limitation
Pursuant to the United States Carriage of Goods by Sea Act (46 U.S.C. § 30701 / COGSA) and the Hague-Visby Rules, carrier liability for physical loss or damage to maritime cargo is strictly capped at five hundred United States Dollars ($500.00 USD) per customary freight unit (CFU) or package, unless a higher ad valorem value has been declared prior to shipment and excess valuation freight paid.
4.2 Air Freight: Montreal Convention Limitation
For aviation shipments, liability is governed by the Montreal Convention 1999, capped at twenty-two (22) Special Drawing Rights (SDR) per kilogram of gross weight affected.
4.3 Intermodal Linehaul Haulage
Domestic and port drayage motor carriage is limited to fifty cents ($0.50 USD) per pound or $50.00 USD per shipment, whichever is less.
| Governing Convention | Transport Mode | Statutory Liability Limit | Shipper Protection Strategy |
|---|---|---|---|
| COGSA / Hague-Visby | Ocean Multimodal | $500 USD per package/CFU | Procure All-Risk Marine Insurance |
| Montreal Convention 1999 | Air Cargo Express | 22 SDR per gross kilogram | Full cargo valuation declaration |
| Carmack Amendment / Drayage | Overland Haulage | $0.50 USD per pound | First-party goods-in-transit policy |
| Institute Cargo Clauses (A) | All Modes (Optional) | 110% CIF Invoice Valuation | Zero-deductible all-risk coverage |
General Commercial Maritime Lien on Cargo
Security interest and possessory lien on shipments for unpaid freight, customs duties, or demurrage.
5.1 Possessory Maritime Lien Authority
Shipindel shall have a general and continuing maritime possessory lien on all cargo, documents, and bill-of-lading endorsements in its custody for all sums due (including freight, storage, customs duties, demurrage, and legal fees) on the current consignment or any prior account.
5.2 Non-Payment & Private Sale Remedies
If invoices remain unpaid for thirty (30) days following formal notice of default, Shipindel retains the legal right to auction or dispose of sufficient cargo at public or private sale to satisfy outstanding liabilities.
Claims Filing Deadlines & Statutory Time Bar
Mandatory notification periods and one-year maritime litigation limitation statute.
6.1 Three-Day Formal Notice of Damage
Written notice of loss, damage, or container seal discrepancy must be filed with Shipindel claims administration within three (3) consecutive days of delivery.
6.2 One-Year Time Bar for Lawsuits
In accordance with maritime law, Shipindel and its contracted carriers shall be discharged from all liability whatsoever in respect of cargo loss, damage, or misdelivery unless legal proceedings are commenced within one (1) year from the date of physical delivery.
Governing Law, Arbitration & Severability
Jurisdiction of the Federal Maritime Commission and maritime arbitration venues.
7.1 General Maritime Law of the United States
These Terms of Service and all multimodal carriage agreements shall be governed by and construed in accordance with the General Maritime Law of the United States and the Shipping Act of 1984 as amended.
7.2 Maritime Arbitration in New York City
Any dispute or controversy arising under a Shipindel bill of lading exceeding twenty-five thousand dollars ($25,000 USD) shall be referred to arbitration before the Society of Maritime Arbitrators (SMA) in New York City.
7.3 Severability of Provisions
If any clause or sub-clause of these conditions is found to be void or unenforceable under international conventions, the remainder of these terms shall remain in full force and effect.
Enterprise Service Level Agreements (SLA)
We draft custom bilateral master services agreements for shippers moving over 250 TEU annually.