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.
Pricing and Payment Terms:
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 high-
value 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 pre- and 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
VLSFO 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.
2.12 If not otherwise stated, inland transport charges are based on an immediate
loading/unloading process, are subject to maximum 1 hour free time and are only
applicable during standard working days / hours. For each additional hour additional
charges apply.
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.
- Freight Savants Intl acts as an Agent of shipping lines/ NVOCC (Non-Vessel-
Operating 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 - 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.
- No Warranty: Transit times, routing and similar service information is provided
without any warranty and may therefore be subject to changes. - 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. - 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. - 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.
Kuehne + Nagel 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.
- 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.
- 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.
- 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 shall supply Freight Savants Intl in writing, with all documents and
information including, but not limited to, commodity classification numbers, customs
valuations, country of origins, export control classification numbers and any required
export, re-export, transit or import licenses permits, authorizations or exemptions
(“Customer Data”) necessary for Freight Savants Intl to provide the services in
accordance with applicable laws and regulations.
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.
