Terms and Conditions

Rate Quotation

  1. The quoted rates are subject to all Destination charges and on "Freight Prepaid" basis. Duties and taxes are for the account of consignee.
  2. The quoted rates are calculated based on the cargo details provided by THE CUSTOMER to VIP Cargo Services LLC (“VCS”).
  3. VCS reserves the right to revise these rates due to any change in WM, density nature or size of cargo.
  4. Unless specified for a door move, all rates are on Cy/Cy basis. Acceptance of this rate proposal shall be effective only if received in writing prior to the date of expiry.
  5. VCS will be responsible to make bookings in accordance with written instructions received from THE CUSTOMER and to provide booking details to THE CUSTOMER or their nominated loading agents.
  6. Quotations are subject to all applicable charges, surcharges, fees, adjustment factors (including local ones) rules, exceptions and exclusions pursuant to VCS Tariff or as indicated by, but not limited to, the terms of this quotation (the "Additional Charges and Terms"). Such Additional Charges and Terms may include, but are not limited to, terminal handling charges, port fees, overweight charges, documentation fees, customs charges.
  7. General Rate Increases (GRI's), by which is meant general changes in the rate for Basic Ocean Freight (BAS), will not apply to this quotation and BAS will thus not be adjusted by a GRI during the term of this quotation.
  8. Where the "Contract No." field above is populated; this quotation shall prevail in case of a conflict between this quotation & the contract referred to.
  9. Additional Charges & Terms shall be provided by VCS upon request.
  10. Duties, taxes, local Govt charges at Origins/Destinations, Delivery order Fee will be for the account of THE CUSTOMER / Consignee. VCS will provide detail of destination charges upon request.
  11. Any GRI (General Rate Increase) by Shipping Line at origin or destination will be added to above rates and VIP Cargo Services (“VCS”) will provide GRI notifications to THE CUSTOMER.
  12. This quotation, bookings & carriage are subject to the terms, conditions, exceptions & exclusions, including in particular its choice of law and jurisdiction of the governing VCS / their agents’ / carriers’ Bill of Lading for Ocean Transport or Multimodal Transport.
  13. Price Calculation Date (“PCD”) is the date which VCS will use to determine the applicable rates, charges, surcharges applicable to a shipment.
  14. Any pallet skid exceeding 12 liner feet in length are subject to PRIOR approval and will be subject to additional surcharges.
  15. All booking requests against this rate quotation are subject to space availability, equipment availability & or operational acceptance.
  16. The transit time provided is indicative only & VCS does not undertake responsibility for Cargo to arrive or be available at any place at the Port of Discharge or the Place of Delivery at any particular time.
  17. Free time allowed for a container at destination will be subject to the applicable policy of shipping line with whom cargo has been booked.
  18. It will be responsibility of Consignee for timely release of cargo from customs authorities. Any Demurrage for not clearing goods within allowed time will be on account of Consignee.

Marine Insurance

  1. Marine insurance is not included in the above rate quote. Please advise value of the Cargo if insurance is required and we will arrange accordingly. Else, THE CUSTOMER to ensure their shipments are fully covered for all risk (Door to Door) Marine insurance.

HAZ/DGR Cargo

  1. Quoted rates are not valid for hazardous or DGR cargo.
  2. At time of booking, hazardous cargo is subject to the acceptance as per carrier’s policy of involved ports i.e origin and Destinations etc. All export licenses and approval of DGR/HAZ cargo is the responsibility of THE CUSTOMER/Consignee as per import policy of respective country.
  3. Dangerous cargo, as defined by 49 CFR 1 or the IMDG Code, is subject to the carrier’s approval at time of booking. All DGR/HAZ, IMO, MSDS, all original docs must be provided in advance at the time of booking.

Documentation

  1. Once booking is confirmed THE CUSTOMER will be responsible to timely provide “Shipper’s Export Declaration” form and “IMO Dangerous Goods Declaration” form to VCS for timely updating/providing the required shipping
    instructions to respective carriers. Sample forms of both the documents are attached with these terms and conditions.
  2. Late submission of required documentation for custom export filling will be subject to a carriers’ “No docs, No Load” policy. THE CUSTOMER will compensate VCS for any penalties or claims imposed by carriers for late
    submission of Cargo or required documentation. VCS will not be responsible for any delay or roll over of shipment due to late receipt of required documentation from THE CUSTOMER.
  3. The B/L/AWB will be issued according to Shipping Instructions of THE CUSTOMER. Any change or amendment in BL / AWB, once issued, will be subject to carriers’ policy.

Container Loading / Cargo Packaging for LCL/Air

  1. Pickup of empty container and timely returning the loaded container to port will be responsibility of THE CUSTOMER or their nominated loading agent.
  2. THE CUSTOMER must ensure prior regulatory approvals are obtained for goods needing export approval from regulatory authorities.
  3. Cargo must be export packed suitable for ocean/air shipment; packed/palletized/labelled indicating booking number and full consignee detail. Non-compliance may lead to custom fines and penalties that will be on account of THE CUSTOMER.
  4. THE CUSTOMER or their loading agents will be responsible for contents of Cargo and to ensure all relevant regulatory approvals are obtained for Cargo needing export/import approvals/permits. THE CUSTOMER/Consignee will not hold VCS responsible for contents of Cargo loaded in a container or Packaged for LCL/Air shipment.
  5. THE CUSTOMER or their loading agents must ensure weight in all containers is in accordance with applicable land and ocean transport weight regulations and will be responsible for any penalties/fines/fees imposed by respective authorities in case of excess loading of containers.
  6. THE CUSTOMER shall use seals compliant with the latest ISO regulations 2 or with equivalent security requirements. THE CUSTOMER agrees to indemnify Carrier against any loss, damage, liability, or expenses whatsoever and howsoever arising, caused by the THE CUSTOMER’s use of a seal which does not comply with this provision. In addition, VCS reserves the right to apply penalty fee of $500 in case seal is non-compliant to the above.
  7. THE CUSTOMER or their nominated loading agent will be responsible to provide VGM Certificate for every loaded container. A copy of the VGM certificate will be provided by VCS along with the booking details.

Self-Propelled Vehicles

  1. All Self-propelled Automobiles/crane/fork lift equipment must be in running conditions, and if custom clearance required at the origin port, all original docs/title, Bill of sales must be provided by the THE CUSTOMER in advance at the time of booking. Please note all custom clearance charges/courier/messenger fees will be paid by THE CUSTOMER for export of Automobile/self-propelled machinery that needed export custom clearance.

Vessel Loading

  1. Since carrier(s) are responsible for loading of cargo in vessel accordingly they reserve the right to stow cargo in the best interest of the Vessel and in compliance with local, national and international rules, regulations and conventions.
  2. If needed, Loading, lashing, securing, blocking and bracing of cargo will be for THE CUSTOMER’s account and on deck shipments will be at THE CUSTOMER’s risk.

Land Transportation

If needed VCS will provide inland transportation services to THE CUSTOMER. Door move / Inland freight quotations are subject to:

  1. F/S, Pier Pass (USWC) etc. Door moves may be assessed a split chassis fee MM US$95.00 per day if chassis pulled from alternative location.
  2. Availability of inland carrier at time of booking. Live Load 1 hours free; thereafter detention charge of US$95.00 per hour will apply.
  3. Third party increases and any fuel surcharges/GRI valid at time of shipment will be applicable.
  4. Additional charges may apply i.e. density/chassis/over-length/overweight etc. cargo. Any over-weight shipment must be notified in advance at the time of booking to notify Carriers, their truckers etc.
  5. Additional charges will apply for residential pickup/drop or lift gate truck.
  6. Weight limitations and weight distribution requirements are applicable on all cargo in accordance with the local and national rules and regulations of the countries of transit.

Acts of Nature

  1. Neither party to these terms and conditions shall be held to be in default or breach for any failures hereunder due to an Act of Nature or the Public Enemy or the acts of any Government in its government or sovereign capacity.

Indemnity

  1. VCS and THE CUSTOMER both agree to work with extreme care and professionalism. However, both agree to defend and indemnify other party’s directors, officers, employees, representative, agents, stakeholders and
    successors from and against all costs, losses, claims, demands, suits, action, payment and judgement, including legal and attorney fees, arising from any business transaction brought by either a third party or an indemnified
    party to the extent arising out of a Party’s gross negligence or willful misconduct in performing any of its obligations under these terms and conditions.

Applicable Laws and Arbitration

  1. All disputes, controversies, or differences, that may arise between VCS and THE CUSTOMER; out of or in relation to or in connection with these terms and conditions, or for the breach thereof, shall be settled amicably between the parties hereto. However, should the concerned parties fail to reach a compromise, then and in the event only, the dispute, controversy, or differences shall be finally settled by an arbitration board in the State of New Jersey, USA. The arbitration award shall be final and binding on both parties hereto.
  2. These terms and conditions agreement shall be governed by and constructed in accordance with the laws of USA and jurisdictions of courts in the State of New Jersey and settled as per terms and conditions of carriers’BL, AWB, Tuck BoL.
[1] https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title49/49tab_02.tpl

[2] http://s7d2.scene7.com/is/content/Caterpillar/C10885700