Terms & Conditions for Sea freight and auxiliary services
1 Applicability: “Freight Savants Intl”, offers are based exclusively on the following
Terms and Conditions. Other Terms and Conditions do not apply, even if they only
contain additional provisions to the Terms and Conditions. Amendments, deviations,
exceptions or any other changes to any of these conditions may be proposed by the
Customer. Acceptance is always subject to Freight Savants Intl’s explicit agreement in
writing. For the avoidance of doubt, to the extent of their applicability, mandatory
statutory provisions or local laws and agreements with authorities always prevail.
2.1 The pricing, services or company information provided in this quotation is
confidential and strictly for the benefit of the named Customer only. The contents may
not be shared, copied, transmitted or shared with any other companies, online portals,
freight indexes, persons or entities without prior written consent from Freight Savants
Intl.
2.2 The pricing, services, or company information provided strictly applies for the
benefit of the Customer. No other third party can benefit and / or is allowed to use the
quotation. The offer provided by Freight Savants Intl is valid for 14 calendar days from
the submission date. Nevertheless, Freight Savants Intl reserves the right to re-validate,
to adjust, increase or decrease the offer during subsequent rounds of submission.
Freight Savants Intl also reserve the right to make necessary corrections in the event of
data entry errors. Unless differently specified, the validity of the pricing contained in our
offer reflects the RFQ scope of work. However, its effectiveness can only start upon
Customer’s award nomination and Freight Savants Intl’s acceptance.
2.3 Quotations of and agreements with Freight Savants Intl about rates, prices,
surcharges, and services refer exclusively to expressly listed services, goods of
standard dimensions and weights according to the applicable weight and dimension
limitations for the respective transport mean as well as an essentially unchanged cargo,
order quantity or quantity structure. In addition, such quotations presume normal,
unmodified transport conditions, unimpeded connecting ways, the possibility of
immediate forwarding, the remaining validity of the underlying freight, exchange rates,
rates, unchanged data processing requirements, quality assurance arrangements and
operational instructions. Furthermore, they presume unmodified public taxes, fuel and
personnel costs as well as unchanged market conditions, such as higher or lower
customer and business demand, inflation, deflation, interest rates, capacity, inventory
availability and variable surcharges, unless such changes were predictable, given the
circumstances, at the time of conclusion of the contract. In such different
circumstances, Freight Savants Intl reserves the right to re-validate the quotation
conditions in its reasonable sole discretion.
2.4 Rates provided are based on the information provided by Customer and are valid for
a complete volume award. Freight Savants Intl will calculate the annual volumes
awarded on those numbers divided by 52 weeks with a tolerance allowance of +/- 10%.
Any volumes in excess of these +/- 10% tolerance maybe subject to Freight all Kinds
(FAK) – standard tariff- pricing applicable at the time of shipment. For deviating or
inconsistent delivery of committed/awarded volumes Freight Savants Intl reserves the
right to revise rates accordingly. In case of a partial award, Freight Savants Intl reserves
the right to re-quote based on the awarded lanes and volumes.
2.5 Unless otherwise stipulated, Freight Savants Intl’s quotation does not include any
public charges, taxes, duties, excises or fees for export or import clearance,
documentation handling, processing or similar services. The same applies for highvalue shipments with a value of goods exceeding 250,000 USD per shipment (B/L),
requiring a mandatory prior individual notice in writing per shipment by Customer
towards Freight Savants Intl and be subject to a High-Value-surcharge. Such a
surcharge is not included in Freight Savants Intl’s quotation. Upon request, Freight
Savants Intl may offer to purchase and maintain an exceeding insurance coverage at the
usual market conditions, with an insurer of his choice and against additional
remuneration.
2.6 Following the award and/or order, volumes shipped with Freight Savants Intl will be
reviewed on a monthly basis. If a minimum of 75%, from the monthly transport volume,
is not shipped or booked with Freight Savants Intl, within the first 30 days of the agreed
go-live date, Freight Savants Intl reserves the right to revise the pricing.
2.7 In case of capacity shortage, especially port congestions, Freight Savants Intl
reserves the right to limit the validity time of rates and tariffs. Such rates quoted are
subject to the applicable fuel surcharge at the time of shipment. Any storage,
demurrage or detention charges related to capacity shortage or reduced equipment
availability are for Customer’s account. Section 2.2 and 2.3 remain unaffected.
2.8 LCL rates are valid for stackable cargo only. Calculations are based on a volumetric
factor of 1:1 (1 cbm: 1000 kgs) for the main carriage and 1:3 (1 cbm: 333 kgs) for preand on-carriage, subject to a minimum of one freight ton (FRT). In addition, the
maximum shipment size is limited to 15 cbm or 5 tons per shipment and order. For
shipments exceeding this volume/weight, Freight Savants Intl reserves the right to reject
or recalculate.
2.9 Freight Savants Intl reserve the right to adjust the rates, if the bunker value of Very
Low Sulphur Fuel Oil or any other fuel grade according to relevant regulations (e.g.
MGO/0.5 IFO) does fluctuate. The defined baseline is the average Freight Savants Intl’s
bunker price reflecting the price history of the past 3 months as reported by a
commonly accepted index provider (i.e. Argus / Platts). With one-month prior notice,
Freight Savants Intl is entitled to re-adjust the ocean rates with effective date of the
beginning of the following month. Pre-carriage and on- carriage rates and fuel
surcharge, if any, are subject to change in case of any cost fluctuation.
2.10 Freight Savants Intl reserves the right to review and adjust any trade factor or
methodology used in the calculation of bunker fuel charges at any time during the term
of this agreement. Any adjustment will take effect within 15 days after notice.
2.11 Unless otherwise agreed, Freight Savants Intl’s quotation is subject to the local
tariffs and charges of vessel operators/NVOCC’s, e.g. storage, demurrage and detention
tariffs.
2.13 All charges quoted are invoiced – Freight Savants Intl’s sole discretion – either in
the currency quoted or local currency of the invoicing country. In the event of a binding
currency agreement, the conversion of local currencies is based on a set exchange rate.
For currency deviations of +/- 5%, Freight Savants Intl reserves the right to revise the
conditions offered. Sea freight is converted using the respective Freight Savants Intl’s
shipping rate.
2.14 Unless otherwise agreed and subject to credit review and approval, standard
payment terms of 14 days after the date of invoice apply. No credit facilities are
provided for duties and taxes, which are to be paid upon custom clearance.
3 Freight Savants Intl acts as an Agent of shipping lines/ NVOCC (Non-VesselOperating Common Carrier) whose Bill of Lading or Sea Waybill Terms and Conditions
are applicable at all times. You may obtain a copy of these terms and conditions on
request.
3.1 The choice of carriers is entirely at the discretion of Freight Savants Intl. All other
services provided are subject to the
4. Availability, Capacity & Forecast: All services quoted are subject to equipment
availability, carrier/terminal capacity and Customer’s volume forecasts. These include,
but are not limited to, special container equipment types. Available capacity may
change in the event of a schedule change, vessel delay, omission, or any other type of
service capacity shortage of the carrier.
Freight Savants Intl will make an assumption that transport volumes per trade lane
should be divided equally over the contract period, unless the Customer provides
detailed forecast information.
Impediments to performance which are not attributable to the sphere of risk of a
contracting party shall release Freight Savants Intl from its performance obligations for
the duration of the disruption and the extent of its effect. Such obstacles to
performance are force majeure, riots, acts of war or terrorism, strikes and lockouts,
blockage of transport routes and other unforeseeable, unavoidable and serious events.
In the event of an impediment to performance, each contracting party shall be obliged
to inform the other party without delay; the Freight Forwarder shall also be obliged to
obtain instructions from Customer.
5. No Warranty: Transit times, routing and similar service information is provided
without any warranty and may therefore be subject to changes.
6. Maximum Commercial Value:Unless otherwise agreed in writing, the quotation
provided is valid for goods not exceeding a commercial value of USD 250,000 per single
Bill of Lading.
7. Excluded Goods: If not otherwise stated in the offer, Freight Savants Intl’s offer
applies to general cargo only and therefore excludes any of the following: dangerous
goods, high-value cargo, perishables, valuables, temperature controlled, oversized,
over-length or out-of-gauge cargo.
8. Verified Gross Mass (VGM)
8.1 For FCL shipments: Customer acknowledges that it is required to provide Freight
Savants Intl verified gross mass/weight (“VGM”) data for each container that Freight
Savants Intl transports or arranges on its behalf. Such VGM shall be obtained from a
calibrated, certified scale or by a calculation method certified by a competent authority,
which shall include the container’s tare weight, and all cargo items, packing materials,
pallets, securing materials, dunnage etc. that will be tendered in the container to the
underlying shipping line. Customer further represents that Freight Savants Intl is
entitled to rely on the accuracy of such VGM data and counter-sign and/or endorse it as
agent or otherwise on behalf of the Customer in the course of providing the VGM to the
shipping line. If the VGM is not available at required cut- off time, Customer
acknowledges that the container/shipment(s) may not be accepted into the terminal
and/or loaded on board the vessel which can result in substantial charges on account of
the Customer.
8.2 For LCL shipments: if the accurate gross weight is not declared in the shipping
instructions or other document/electronic format and is not clearly and permanently
marked on the surface of the packages, Freight Savants Intl is obliged to weigh the
packages at the expense of the Customer.
8.3 The Customer agrees that it shall indemnify and hold Freight Savants Intl and its
affiliates harmless from any and all claims, losses, penalties or other costs resulting
from any incorrect, unclear, inaccurate, incomplete or otherwise insufficient
statements of the VGM (gross weight) provided by the Customer, its agent or contractor,
or any related Customer party on which Freight Savants Intl relies. Freight Savants Intl
included a VGM fee per container or LCL shipment in the offer on the assumption that
the Customer submits the VGM data via our online VGM portal. If the VGM data is
transmitted manually, additional charges may be assessed. If the customer requests
any assistance regarding weighting of containers or LCL shipments, general surcharges
for co-ordination fees, stop-off fees (note: these fees will not include any deviation from
the trucker normal route), scale fees, etc. will apply. If a contract exists between Freight
Savants Intl and the Customer for the business included within this tender, the terms
and conditions of said contract will apply in lieu of Freight Savants Intl’s standard terms
and conditions of quotation stated above.
9. Emission Regulation Clause
9.1 Customer accepts and acknowledges that Freight Savants Intl or other carriers may
be subject to regulatory or other industry-wide requirements relating to emissions, fuel
bunker content requirements or a requirement to purchase allowances or otherwise
make payments calculated by reference to carrier emissions, or any other regulation
whatsoever relating to de-carbonisation or any other environmental concern (each an
“Emissions Regulation”).
9.2. Customer accepts and acknowledges that an Emissions Regulations may arise in
any jurisdiction in which Freight Savants Intl or other carriers performs activities with
any of its customers and that an Emissions Regulation may not yet be envisaged,
implemented or in full force and effect as of the date of agreeing to these Terms and
Conditions. Specifically, and without limitation, Customer agrees that each of the
following will be considered to be an Emissions Regulation under these Terms and
Conditions:
• Amendments to MARPOL Annex VI, introducing an Energy Efficiency Design Index for
existing ships (EEXI) and Carbon Intensity Indicator (CII), anticipated to enter force in
2022 and 2023, respectively, and known in the industry as “the IMO 2023 regulations”;
• The expansion of the European Union Emissions Trading System (ETS) to include the
shipping industry, which is proposed to be phased in beginning in the year 2023; and
• The Fuel EU Maritime Initiative, which is proposed to be phased in beginning in the
year 2025.
9.3. Where Freight Savants Intl or other carriers are subject to one or more Emissions
Regulation(s), Customer shall pay to Freight Savants Intl an amount assessed by Freight
Savants Intl’s in its sole discretion as being the business cost of complying with that or
with those Emissions Regulation(s) in performing these Terms.
10. Compliance
10.1 Each Party hereby undertakes that it is and shall remain during the term of this
agreement in compliance with all applicable laws, regulations and codes, including but
not limited to all anti-bribery laws and regulations. In connection with any aspects of
this offer or any other transaction involving both parties, either Party has not and will
not, directly or indirectly in connection with the performance of services under this
agreement or otherwise on behalf of the other Party, engage in any prohibited conduct.
Prohibited conduct includes to promise, offer or grant to a person any undue advantage
or to request or accept any undue benefit or advantage to improperly influence actions.
10.2 The Parties agree that, at all times in connection with and throughout the course of
the Contract and thereafter, they will comply with all applicable anti-bribery laws.
Parties will prohibit “Corruption” or “Corrupt Practice(s)” at all times and in any form, in
relation with a public official at the international, national or local level, a political party,
party official or candidate to political office, and a director, officer or employee of a
Party, whether these practices are engaged in directly or indirectly, including through
third parties. “Corruption” or “Corrupt Practice(s)” shall include but not limited to
Bribery, Extortion or Solicitation, Trading in Influence and laundering the proceeds of
these practices.
11. Trade Control
Customer warrants that (a) Customer and its owners as well as all parties to
Customer’s shipments and transactions, including their respective owners, and (b)
Customer’s transactions for which Freight Savants Intl provides the services, are not
subject to any applicable US, EU or national customs, import, export, trade control or
sanctions laws and regulations that would prohibit such services.
Customer warrants that the Customer Data is complete and accurate. Customer shall
immediately advise Freight Savants Intl of any errors, discrepancies, incorrect
statements or omissions in Customer Data filed by Freight Savants Intl on Customer’s
behalf with Customs and other authorities or third parties.
Customer acknowledges that Freight Savants Intl is not the Exporter of Record, Importer
of Record, Fiscal Representative, Ultimate Consignee or End-User and that Freight
Savants Intl is unable to sign government forms on behalf of such parties.
Without any limitation Customer shall indemnify and hold harmless Freight Savants Intl
and all Freight Savants Intl affiliates from all claims, expenses, losses, penalties and
damages, including reasonable attorneys’ fees, arising from or in connection with
Customer’s failure to comply with obligations in this clause.
