the Carrier reserves the right to charge a cancellation fee, as determined by the Carrier from time to time, including all charges, costs, and expenses deriving from the cancellation of the booking.
1.1. “Carrier” refers to Pacific International Lines (Private) Limited.
1.2. “Bill of Lading Terms” means the standard terms and conditions of the Carrier’s Bill of Lading, a copy of which may be found at the Carrier’s website at https://www.pilship.com.
1.3. “Booking Terms” means the standard booking terms and conditions of the Carrier, a copy of which may be found at the Carrier’s website at https://www.pilship.com.
1.4. “Demurrage” means the sums payable by the Merchant when the Merchant holds the Carrier’s Container(s) inside the terminal, port, or depot beyond the agreed amount of Freetime.
1.5. “Detention” means the sums payable by the Merchant when the Merchant holds the Carrier’s Container(s) outside the terminal, port, or depot beyond the agreed amount of Freetime.
1.6. “Combined Detention and Demurrage” means the sums payable by the Merchant when the Merchant holds the Carrier’s Container(s) beyond the agreed amount of Freetime for the combined period inside and outside the terminal, port, or depot.
1.7. “Freetime” means the period agreed between the Carrier and the Merchant, or the period set out in the Carrier’s applicable tariff(s), for which Demurrage, Detention, and/or Combined Detention and Demurrage, as applicable, shall not be payable by the Merchant.
1.8. “Merchant” has the same meaning set out in the Bill of Lading Terms and Booking Terms. For the purposes of these terms, without prejudice to the Bill of Lading Terms and the Booking Terms, “Merchant” shall include any party purchasing the Product and/or any party confirming an order for the Product with the Carrier.
1.9. “Product” refers to the value-added service whereby the Carrier provides additional Freetime to the Merchant at an agreed additional consideration or prices, applicable at such destinations as the Carrier may determine from time to time, whereby the Merchant may select the package containing the number of such additional days the Merchant requires.
1.10. “Terms and Conditions” means this set of terms and conditions.
1.11. Unless otherwise stated herein, capitalised terms in these Terms and Conditions shall bear the same meaning as in the Bill of Lading Terms, the Booking Terms, and the Carrier’s applicable tariff.
1.12. These Terms and Conditions apply to all purchases of the Product from the Carrier. By purchasing the Product and/or confirming its purchase of the Product with the Carrier, whether through the Carrier’s online platform(s) (including but not limited to the PocketPIL platform and/or any third party platform), email, orally or through any method whatsoever, the Merchant confirms that it has read and accepted these Terms and Conditions and shall be bound by these Terms and Conditions. To the extent required, these Terms and Conditions shall logically amend, vary, and supplement the Bill of Lading Terms and Booking Terms.
2.1. The following Product options are available at such rates as may be provided by the Carrier at the time of purchase:
Freetime Type | Pack Denomination |
Combined Detention and Demurrage | 5/10/15/21 Days* |
Detention | 5/10/15/21 Days* |
*the number of days shall be taken to refer to calendar or working days, in accordance with the applicable tariff at the port of destination and/or the applicable rules or regulations at the port of destination. If not specified in the applicable tariff or in writing by the Carrier, the number of days shall be taken to refer to calendar days.
2.2. The Product shall only be applicable for Freetime at destination. The Product is only available for certain destinations, which the Carrier may change from time to time.
2.3. Save where expressly indicated in writing by the Carrier, the Product is only available for shipments of standard (i) 20’GP containers; (ii) 40’GP containers; and (iii) 40’HC containers. The Carrier may, at its discretion, extend the availability of the Product to other types and/or classes of containers, in which case these Terms and Conditions shall apply with respect to such other types and/or classes of containers with logical amendments.
2.4. The Product only covers Detention or Demurrage charged by the Carrier at destination. For the avoidance of doubt, the Product does not include any costs and charges which the Carrier may be entitled to charge separately, including but not limited to storage costs and/or other local charges valid at time of shipment.
2.5. On the expiry of Freetime at destination, including any additional Freetime the Merchant is entitled to by purchasing the Product, the Carrier’s applicable tariff(s) at destination shall apply.
3.1. Unless otherwise agreed by the Carrier in writing, the Merchant may only purchase one pack for each booking placed with the Carrier. Products are not transferrable and a Product purchased for one booking shall not be transferred to another booking.
3.2. Upon the Merchant’s confirmation of the purchase of a Product with the Carrier, Products are not refundable and cannot be cancelled. In the event any part of any Product purchased remains unused or if there is any unused purchased Freetime, the Merchant acknowledges that it shall not be entitled to a refund of any part of the Product.
3.3. Unless expressly agreed by the Carrier in writing, Product(s) may only be purchased prior to the estimated time of departure (ETD) of the relevant vessel from the port of loading. The additional Freetime cannot be removed, added or amended upon the departure of the relevant vessel from the port of loading.
3.4. Full payment of any Product purchased shall be made in accordance with the payment terms stipulated in the Carrier’s invoice. In the event full payment has not been made within the stipulated deadline, the Merchant is not entitled any additional Freetime pursuant to the unpaid Product and that the Carrier’s applicable tariffs shall continue to apply.
3.5. Rates provided are quoted on the basis of the package and destination requested and/or declared by the Merchant at the time of purchase. Where the Merchant requests for a change of destination or other changes in the package, the Carrier reserves the right to revise any rates due pursuant to such requests for amendment. The Product and any additional Freetime purchased thereto is non-refundable and non-transferrable to the new destination requested.
3.6. Notwithstanding any provision herein, the Carrier is not bound to offer or sell any Product to the Merchant and may in its sole discretion refuse to offer or sell any Product to the Merchant.
4.1. Singapore law shall apply to these Terms and Conditions.
4.2. The Merchant irrevocably agrees that any and all disputes arising out of or in connection with the contract relating to the Product (including these Terms and Conditions), including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration seated in Singapore in accordance with the Arbitration Rules of the Singapore Chamber of Maritime Arbitration current at the commencement of the arbitration, which rules are deemed to be incorporated by reference in this clause.
Notwithstanding the above, nothing in this clause limits the right of the Carrier to bring proceedings, including third party proceedings, against the Merchant in any other court of competent jurisdiction or arbitral tribunal, and the bringing or continuing of proceedings in any one or more jurisdictions shall not preclude the bringing of proceedings in any other jurisdiction, whether concurrently or not, if and to the extent permitted by applicable law.
4.3. The Carrier reserves the right to modify these Terms and Conditions without prior notice to the Merchant.
1.1. “Bill of Lading Terms” means the standard terms and conditions of the Carrier’s Bill of Lading, a copy of which may be found at the Carrier’s website at https://www.pilship.com.
1.2. “Booking Terms” means the standard booking terms and conditions of the Carrier, a copy of which may be found at the Carrier’s website at https://www.pilship.com.
1.3. “Covered Container” means a Container supplied by or on behalf of the Carrier for which the Product has been purchased by the Merchant.
1.4. “Covered Limit” means the limit of protection applicable to the Covered Container, as set out in these Terms and Conditions or as set forth at the Carrier’s website at https://www.pilship.com.
1.5. “Merchant” has the same meaning set out in the Bill of Lading Terms and Booking Terms. For the purposes of these Terms and Conditions, without prejudice to the Bill of Lading Terms and the Booking Terms, “Merchant” shall include any party purchasing the Product.
1.6. “Product” or “Container Shield” refers to the value-added service whereby the Carrier agrees to release the Merchant from liability accruing to the Merchant not exceeding the Covered Limit for any loss or damage to the Covered Container under the Bill of Lading Terms and/or the Booking Terms, subject to these Terms and Conditions.
1.7. “Terms and Conditions” means this set of terms and conditions.
1.8. Unless otherwise stated herein, capitalised terms in these Terms and Conditions shall bear the same meaning as in the Bill of Lading Terms, the Booking Terms, and the Carrier’s applicable tariff.
1.9. These Terms and Conditions apply to all purchases of the Product from the Carrier. By purchasing the Product and/or confirming its purchase of the Product with the Carrier, whether through the Carrier’s online platform(s) (including but not limited to the PocketPIL! platform and/or any third party platform), email, orally or through any method whatsoever, the Merchant confirms that it has read and accepted these Terms and Conditions and shall be bound by these Terms and Conditions. To the extent required, these Terms and Conditions shall logically amend, vary, and supplement the Bill of Lading Terms and Booking Terms.
2.1. Where the Product is purchased, notwithstanding the Bill of Lading Terms or the Booking Terms, the Merchant shall not be liable for any loss of and/or damage to the Covered Container or any costs of ensuring that a Covered Container is clean or odour-free, to the extent that the total of such loss, damage or costs does not exceed the Covered Limit. The Merchant shall remain responsible and shall indemnify the Carrier for such costs, loss and/or damage in excess of the Covered Limit.
2.2. For the purposes of these Terms and Conditions, the calculation and assessment of loss and/or damage to the Covered Container and any recovery of costs shall be determined following the same procedure for any Container under the Bill of Lading Terms, as if the Merchant had not purchased the Product.
2.3. Nothing in these Terms and Conditions shall be construed as giving the Merchant a right or title to possess or own the Covered Container, even if the Covered Container has been lost or has suffered such damage that would render repair impossible or impractical or if the cost of repair would be greater than the value of the Covered Container. For the avoidance of doubt, the Carrier is not bound to perform repairs in any specific location and the location of any repairs performed or to be performed remains at the sole discretion of the Carrier. The Merchant shall remain bound to return the Covered Container, and any parts thereof, to the Carrier.
2.4. The Merchant’s entitlement to enjoy the benefits of the Product set out in these Terms and Conditions is subject to the Merchant exercising reasonable endeavours at all times to prevent or minimise loss of and/or damage to any Covered Container. Without prejudice to the generality of the foregoing, the Merchant agrees and acknowledges that save as expressly set out in these Terms and Conditions, there shall be no reduction of the Merchant’s responsibilities under the Bill of Lading Terms and Booking Terms.
2.5. For the avoidance of doubt, the Product does not exclude the Merchant’s liability for any detention, demurrage, storage, or other charges arising out of or in relation to the Covered Container that the Merchant may be liable for under the Bill of Lading Terms and/or Booking Terms.
3.1. Time of purchase and duration of cover. The Product must be purchased prior to the delivery of the Container to, or receipt of the Container by, the Merchant or its nominee. The validity of the Product for the Covered Container shall commence from the time the Covered Container is delivered to or received by the Merchant or its nominee, until the time the Covered Container is redelivered to the Carrier.
3.2. Payment. Full payment must be made in accordance with the payment terms stipulated in the Carrier’s invoice, and save where expressly authorised by the Carrier, in any event no later than the delivery of the Container to, or receipt of the Container by, the Merchant or its nominee. In the event full payment has not been made within the foregoing deadline, the Merchant is not entitled to any benefit of the Product.
3.3. Purchase to be made for entire booking. Unless otherwise agreed by the Carrier in writing, purchase of the Product must be made for all Containers in each booking placed with the Carrier, with the same Covered Limit to apply for all Containers in the same booking.
3.4. Eligibility of Containers. Save where expressly indicated in writing by the Carrier, the Product is only available for standard (i) 20’GP containers; (ii) 40’GP containers; and (iii) 40’HC containers. The Carrier may, at its discretion, extend the availability of the Product to other types and/or classes of containers, in which case these Terms and Conditions shall apply with respect to such other types and/or classes of containers with logical amendments.
3.5. Restricted cargo not allowed. Unless expressly authorised in writing by the Carrier, the Product shall not be purchased for Containers carrying Goods within the Carrier’s exclusion list, regardless of the description on the Bill of Lading or Booking Confirmation.
3.6. Non-refundable. Upon the Merchant’s confirmation of the purchase of a Product with the Carrier, Products are not refundable and cannot be cancelled. The Product shall not be refundable in any circumstances, whether or not there is any loss and/or damage to the Covered Container and the Merchant acknowledges accordingly that it shall not be entitled to a refund of any part of the Product.
3.7. Notwithstanding any provision herein, the Carrier is not bound to offer or sell any Product to the Merchant and may in its sole discretion refuse to offer or sell any Product to the Merchant.
4.1. Misdeclarations. The Product shall not apply to any shipment where there has been any misdeclaration, whether material or not, including but not limited to incorrect/partial declarations, late declarations, alteration or omission of such declarations, of the Goods, including without limitation misdeclarations as to the nature, particulars, weight, or verified gross mass of the Goods.
4.2. Wilful misconduct and negligence. The Product shall not apply in relation to any loss and/or damage arising out of or in relation to any wilful misconduct or negligence by the Merchant, its agents, and/or nominees, including but not limited to any intentional or deliberate act or omission and/or any breach by the Merchant of the Bill of Lading Terms and/or Booking Terms.
5.1. Singapore law shall apply to these Terms and Conditions.
5.2. The Merchant irrevocably agrees that any and all disputes arising out of or in connection with the contract relating to the Product (including these Terms and Conditions), including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration seated in Singapore in accordance with the Arbitration Rules of the Singapore Chamber of Maritime Arbitration current at the commencement of the arbitration, which rules are deemed to be incorporated by reference in this clause.
Notwithstanding the above, nothing in this clause limits the right of the Carrier to bring proceedings, including third party proceedings, against the Merchant in any other court of competent jurisdiction or arbitral tribunal, and the bringing or continuing of proceedings in any one or more jurisdictions shall not preclude the bringing of proceedings in any other jurisdiction, whether concurrently or not, if and to the extent permitted by applicable law.
5.3. The Carrier reserves the right to modify these Terms and Conditions without prior notice to the Merchant.
1.1. “Bill of Lading Terms” means the standard terms and conditions of the Carrier’s Bill of Lading, a copy of which may be found at the Carrier’s website at https://www.pilship.com.
1.2. “Booking Terms” means the standard booking terms and conditions of the Carrier, a copy of which may be found at the Carrier’s website at https://www.pilship.com.
1.3. “First Availability Date” means the date falling prior to a certain number of days from the estimated time of arrival of the vessel at the Port of Loading as set out in the Booking Confirmation, as further defined in clause 2.2 of these Terms and Conditions, which shall be the earliest date from which the Carrier is to make the Container available to the Merchant where the Product has been purchased.
1.4. “Merchant” has the same meaning set out in the Bill of Lading Terms and Booking Terms. For the purposes of these Terms and Conditions, without prejudice to the Bill of Lading Terms and the Booking Terms, “Merchant” shall include any party purchasing the Product.
1.5. “Pick Up Location” shall have the meaning set out in clause 2.1 of these Terms and Conditions.
1.6. “Price” means the rate payable by the Merchant for the Product, as assessed on the basis of each Container.
1.7. “Product” or “EQ Assurance” refers to the value-added service known as “EQ Assurance Base” or “EQ Assurance Advance”, whereby the Carrier agrees to provide the Merchant with the Container indicated in the Booking Confirmation or a reasonable alternative, subject to the Bill of Lading Terms, Booking Terms, and these Terms and Conditions.
1.8. “Terms and Conditions” means this set of terms and conditions.
1.9. Unless otherwise stated herein, capitalised terms in these Terms and Conditions shall bear the same meaning as in the Bill of Lading Terms, the Booking Terms, and the Carrier’s applicable tariff.
1.10. These Terms and Conditions apply to all purchases of the Product from the Carrier. By purchasing the Product and/or confirming its purchase of the Product with the Carrier, whether through the Carrier’s online platform(s) (including but not limited to the PocketPIL! platform and/or any third party platform), email, orally or through any method whatsoever, the Merchant confirms that it has read and accepted these Terms and Conditions and shall be bound by these Terms and Conditions. To the extent required, these Terms and Conditions shall logically amend, vary, and supplement the Bill of Lading Terms and Booking Terms.
2.1. Where the Product is purchased, notwithstanding the Bill of Lading Terms or the Booking Terms, the Carrier commits to providing the Container expressly confirmed in the Booking Confirmation to the Merchant, in accordance with the following terms:
2.1.1. The Carrier shall make the Container available at the location stated in the Booking Confirmation (the “Pick Up Location”). Where a location is not specified in the Booking Confirmation, the Carrier shall provide a location at which the Container will be made available thereafter, in which case, such location shall be deemed as the Pick Up Location.
2.1.2. The Carrier shall make the Container available on a date on or after the equipment release date stated in the Booking Confirmation, subject to the terms applicable to the particular Product purchased by the Merchant, as further described in clause 2.2 of these Terms and Conditions.
2.2. The Product shall be classified into two types, set out as follows:
EQ Assurance Base | EQ Assurance Advance |
The Carrier shall make the Container available at the Pick Up Location during the period between the First Availability Date until the date of the estimated time of arrival of the vessel at the Port of Loading as indicated on the Booking Confirmation.
The First Availability Date for EQ Assurance Base shall be the date falling seven (7) days prior to the estimated time of arrival of the vessel at the Port of Loading as indicated in the Booking Confirmation.
| The Carrier shall make the Container available at the Pick Up Location during the period between the First Availability Date until the date of the estimated time of arrival of the vessel at the Port of Loading as indicated on the Booking Confirmation.
The First Availability Date for EQ Assurance Advance shall be the date falling ten (10) days prior to the estimated time of arrival of the vessel at the Port of Loading as indicated in the Booking Confirmation.
Where EQ Assurance Advance has been purchased by the Merchant, the Merchant may nominate a preferred date to pick up the Container at the Pick Up Location, such date to be no earlier than the First Availability Date and no later than the date of the estimated time of arrival of the vessel at the Port of Loading as indicated on the Booking Confirmation. For the avoidance of doubt, while the Carrier shall endeavour to make the Container available to the Merchant on the Merchant’s preferred date, the Carrier shall not be bound by the Merchant’s nomination and may provide a different date to the Merchant.
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2.3. Notwithstanding the foregoing, the Carrier may at its discretion revise the First Availability Date for EQ Assurance Base and EQ Assurance Advance to such other period as the Carrier may determine, in which case the revised First Availability Date shall apply. The Carrier shall be bound by the First Availability Date prevailing or quoted to the Merchant at the time of placement of the Merchant’s booking of the Product.
2.4. Notwithstanding the foregoing, the Carrier reserves the right to amend the Pick Up Location if circumstances require, including but not limited to operational constraints or equipment availability. In such a case, the Carrier shall notify the merchant of the revised location as soon as reasonably practicable, which shall where possible be within reasonable proximity to the original Pick Up Location.
2.5. Where the Merchant has requested to purchase and/or purchases EQ Assurance Base, the Merchant may at any time before the First Availability Date upgrade to EQ Assurance Advance, subject to the payment of any additional charges that may apply in accordance with these Terms and Conditions. Where the Merchant has purchased or requested to purchase EQ Assurance Advance, the Merchant may not at any time thereafter require or request for a downgrade to EQ Assurance Base, save where expressly accepted in writing by the Carrier.
2.6. In the event the Carrier and the Merchant agree on a Pick Up Location for the Container which differs from the location stated in the Booking Confirmation, the Merchant shall be responsible for any additional charges that may apply for the delivery or collection of the Container at those new locations, including any costs of making the Container available at the said new locations.
2.7. The Container within the scope of the Product shall only include 20’ and 40’ dry containers, unless expressly agreed by the Carrier in writing. The Carrier shall not in any way be obliged to provide any special grade containers, including but not limited to food/dairy, flat racks, reefers, and flexitanks, pursuant to the Product. The Carrier may, at its discretion, extend the availability of the Product to other types and/or classes of containers, in which case these Terms and Conditions shall apply with respect to such other types and/or classes of containers with logical amendments.
2.8. In the event the Carrier fails to make the Container (or a reasonable alternative) available, the Carrier shall provide a full refund of the Price for such Container that the Carrier has failed to make available. The Merchant acknowledges that this shall be its sole and exclusive remedy for the Carrier’s failure to provide the Container (or a reasonable alternative) in accordance with the Booking Confirmation and the Carrier shall not be liable in any way whatsoever, including but not limited to indirect and consequential damages. The Carrier’s provision of the Product shall be without prejudice to its rights and defences set out in the Booking Terms and Bill of Lading Terms, save as expressly amended herein.
3.1. Time of purchase and duration of cover. The Product may be purchased at the time the booking is placed with the Carrier or at any time after the issuance of the Booking Confirmation, but must be purchased no later than the day before the relevant First Availability Date.
3.2. Payment. Full payment of the Price must be made in accordance with the payment terms stipulated in the Carrier’s invoice, and save where expressly authorised by the Carrier, in any event no later than the time the Container is made available for pick up to the Merchant or its nominee. In the event full payment has not been made within the foregoing deadline, the Merchant is not entitled to any benefit of the Product.
3.3. Purchase to be made for entire booking. Unless otherwise agreed by the Carrier in writing, purchase of the Product must be made for all Container(s) in the Booking Confirmation placed with the Carrier.
3.4. Cancellation. In the event the Merchant cancels its purchase of any part of the Product at any time after the issuance of the Booking Confirmation, the Merchant shall be liable to pay a cancellation fee assessed on each Container so affected by the cancellation, in accordance with the Carrier’s prevailing tariffs.
3.5. Amendment of purchase. Rates quoted and provided to the Merchant at the time of purchase are on the basis of the requirements and details set out in the Booking Confirmation. Where the Merchant requests for any amendment, the Carrier reserves the right to revise any rates due pursuant to such requests for amendment.
3.6. Refunds. Upon the Merchant’s request to the Carrier for the purchase of a Product, Products are not refundable and cannot be cancelled. The Product shall not be refundable in any circumstances whatsoever and the Merchant acknowledges accordingly that it shall not be entitled to a refund of any part of the Product.
3.7. Notwithstanding any provision herein, the Carrier is not bound to offer or sell any Product to the Merchant and may in its sole discretion refuse to offer or sell any Product to the Merchant.
4.1. The Carrier shall not be liable for any failure to make Container available and/or shall have the right to refuse the provision of the Product notwithstanding the Merchant’s purchase of the Product where:
4.1.1. there has been any misdeclaration, whether material or not, including but not limited to incorrect/partial declarations, late declarations, alteration or omission of such declarations, of the Goods, including without limitation misdeclarations as to the nature, particulars, weight, or verified gross mass of the Goods;
4.1.2. the Merchant is in breach or default of these Terms and Conditions, the Booking Terms, the Bill of Lading Terms, and/or any other terms and conditions that may apply or are as agreed between the Merchant and the Carrier, where such breach or default may affect the Carrier’s ability to comply with its obligations in providing the Product;
4.1.3. there is an event of Force Majeure affecting the Carrier’s ability to comply with its obligations in providing the Product; or
4.1.4. any other reason beyond the Carrier’s control, including but not limited to operational reasons such as but not limited to port congestions, blank sailings, and omissions of scheduled calls at any relevant port.
5.1. Singapore law shall apply to these Terms and Conditions.
5.2. The Merchant irrevocably agrees that any and all disputes arising out of or in connection with the contract relating to the Product (including these Terms and Conditions), including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration seated in Singapore in accordance with the Arbitration Rules of the Singapore Chamber of Maritime Arbitration current at the commencement of the arbitration, which rules are deemed to be incorporated by reference in this clause.
Notwithstanding the above, nothing in this clause limits the right of the Carrier to bring proceedings, including third party proceedings, against the Merchant in any other court of competent jurisdiction or arbitral tribunal, and the bringing or continuing of proceedings in any one or more jurisdictions shall not preclude the bringing of proceedings in any other jurisdiction, whether concurrently or not, if and to the extent permitted by applicable law.
5.3. The Carrier reserves the right to modify these Terms and Conditions without prior notice to the Merchant.
1.1. “Bill of Lading Terms” means the standard terms and conditions of the Carrier’s Bill of Lading, a copy of which may be found at the Carrier’s website at https://www.pilship.com.
1.2. “Booking Terms” means the standard booking terms and conditions of the Carrier, a copy of which may be found at the Carrier’s website at https://www.pilship.com.
1.3. “Cut-Off Time” means the date falling prior to a certain number of days from the estimated time of arrival of the vessel at the Port of Loading as set out in the Booking Confirmation, or such date as may be stipulated by the Carrier, prior to which the Merchant must deliver the Container into the custody of the Carrier.
1.4. “EQ Assurance Product” means the value-added service known as “EQ Assurance Base” or “EQ Assurance Advance” offered by the Carrier.
1.5. “EQ Guarantee Product Terms” means the terms and conditions applicable to the EQ Guarantee Product, which may be found at the Carrier’s website at https://www.pilship.com.
1.6. “Latest Purchase Date” means the date falling prior to a certain number of days from the estimated time of arrival of the vessel at the Port of Loading as set out in the Booking Confirmation, or such date as may be stipulated by the Carrier, prior to which the Merchant must submit and confirm its purchase of the Product to the Carrier.
1.7. “Merchant” has the same meaning set out in the Bill of Lading Terms and Booking Terms. For the purposes of these Terms and Conditions, without prejudice to the Bill of Lading Terms and the Booking Terms, “Merchant” shall include any party purchasing the Product.
1.8. “Price” means the rate payable by the Merchant for the Product.
1.9. “Product” or “No Roll” refers to the value-added service whereby the Carrier agrees to load the Container onto the specified vessel as booked by the Merchant, subject to the Bill of Lading Terms, Booking Terms, and these Terms and Conditions. As further detailed in clause 2.1 of these Terms and Conditions, while the Product comes bundled with the EQ Assurance Product, references to the Product in these Terms and Conditions shall only be treated as a reference to the No Roll component.
1.10. “Terms and Conditions” means this set of terms and conditions.
1.11. Unless otherwise stated herein, capitalised terms in these Terms and Conditions shall bear the same meaning as in the Bill of Lading Terms, the Booking Terms, and the Carrier’s applicable tariff.
1.12. These Terms and Conditions apply to all purchases of the Product from the Carrier. By purchasing the Product and/or confirming its purchase of the Product with the Carrier, whether through the Carrier’s online platform(s) (including but not limited to the PocketPIL! platform and/or any third party platform), email, orally or through any method whatsoever, the Merchant confirms that it has read and accepted these Terms and Conditions and shall be bound by these Terms and Conditions. To the extent required, these Terms and Conditions shall logically amend, vary, and supplement the Bill of Lading Terms and Booking Terms.
2.1. The purchase of this Product comes with an automatic provision of the EQ Assurance Product to the Merchant, at no additional cost to the Merchant. The Merchant will only be required to pay the Price for this Product. The Merchant may not opt out of its enrolment into the corresponding EQ Assurance Product. For the avoidance of doubt, the EQ Assurance Product Terms shall continue to apply to the EQ Assurance Product bundled with this Product and provided by the Carrier to the Merchant, notwithstanding that the Merchant may not have paid the Carrier’s applicable tariff for the corresponding EQ Assurance Product. These Terms and Conditions shall only apply to the Merchant’s purchase of No Roll.
2.2. Where the Merchant has purchased this Product but fails to pick up the Container in accordance with the EQ Assurance Product Terms, the Carrier reserves the right to cancel the Merchant’s purchase of the corresponding No Roll. In such a case, the Merchant shall not be entitled to a refund of the Price (or any part thereof).
2.3. Where the Product is purchased, notwithstanding the Bill of Lading Terms or the Booking Terms, subject to these Terms and Conditions, the Carrier commits to loading the Container onto:
2.3.1. the specified vessel i.e. the first leg ocean-going vessel as set out in the Booking Confirmation; or
2.3.2. an alternative vessel (first leg ocean-going vessel), provided that the said alternative vessel’s departure date is within (i) two (2) days after the Container has been rolled from the vessel specified in clause 2.2.1 of these Terms and Conditions; or (ii) two (2) days before the estimated date of departure of the vessel specified in clause 2.2.1 of these Terms and Conditions.
2.3.3. For the avoidance of doubt, in the event the Container is loaded but the departure of the vessel is delayed or brought forward for any reason whatsoever, but with the Container loaded onboard, the Carrier shall not be deemed to have failed to load the Container in accordance with this clause 2.2.
2.4. To be entitled to the benefit of the Product, the Merchant acknowledges and agrees that the Container(s) are to be delivered to the Carrier before the Cut-Off Time. The Merchant acknowledges that the Cut-Off Time may differ depending on the Port of Loading and the Cut-Off Time applicable to each Port of Loading may be determined by that Port of Loading. The Carrier’s provision of the Cut-Off Time at the time of booking by the Merchant is based on such information available to the Carrier at that time. The Merchant accordingly acknowledges that the Carrier may at its discretion revise the Cut-Off Time to such other period as the Carrier may determine, in which case the revised Cut-Off Time shall apply.
2.5. The Container(s) within the scope of the Product shall only include dry containers, which shall not contain Goods falling within the description set out in Clause 23 (Dangerous Goods) of the Bill of Lading Terms. Cover shall not be provided for any other Containers or such Goods unless expressly agreed by the Carrier in writing. The Carrier may, at its discretion, extend the availability of the Product to other types and/or classes of containers and/or Goods, in which case these Terms and Conditions shall apply with respect to such other types and/or classes of containers and/or Goods with logical amendments.
2.6. In the event the Carrier fails to load the Container in accordance with clause 2.2 of these Terms and Conditions, the Carrier shall provide a full refund of the Price for such Containers the Carrier is unable to load. For the avoidance of doubt, only one refund shall be paid for each Container regardless of the number of times a Container is rolled after the Carrier’s initial failure to load the Container in accordance with clause 2.2 of these Terms and Conditions. The Merchant acknowledges that this shall be its sole and exclusive remedy for the Carrier’s failure in this regard and the Carrier shall not be liable in any way whatsoever, including but not limited to indirect and consequential damages. The Carrier’s provision of the Product shall be without prejudice to its rights and defences set out in the Booking Terms and Bill of Lading Terms, save as expressly amended herein.
2.7. In providing the Product, the Carrier only commits to the loading set out in clause 2.2 of these Terms and Conditions. Any dates and times indicated on the Booking Confirmation or otherwise provided by the Carrier are provided as the best reasonable estimate but subject to changes. The Carrier does not undertake that the Container(s) shall be loaded at any particular time or date and the Carrier’s provision of the Product under these Terms and Conditions remain subject to Clause 7.3 (Delay) of the Bill of Lading Terms.
3.1. Time of purchase and duration of cover. The Product may be purchased by the Merchant at any time prior to the Latest Purchase Date.
3.2. Payment. Full payment of the Price must be made in accordance with the payment terms stipulated in the Carrier’s invoice, and save where expressly authorised by the Carrier, in any event no later than the Latest Purchase Date. In the event full payment has not been made within the foregoing deadline, the Merchant is not entitled to any benefit of the Product.
3.3. Purchase to be made for entire booking. Unless otherwise agreed by the Carrier in writing, purchase of the Product must be made for all Container(s) in the Booking Confirmation placed with the Carrier.
3.4. Cancellation. In the event of cancellation of the Merchant’s purchase of any part of the Product at any time after the Carrier’s confirmation of the purchase for any reason whatsoever, even if the cancellation is initiated by the Carrier in accordance with these Terms and Conditions, the Merchant shall be liable to pay a cancellation fee assessed on each Container so affected by the cancellation, in accordance with the Carrier’s prevailing tariffs.
3.5. Amendment of purchase. Rates quoted and provided to the Merchant at the time of purchase are on the basis of the requirements and details set out in the Booking Confirmation. Upon the Carrier’s confirmation of the Merchant’s of the Product, there shall be no amendments to the purchased Product or the Booking Confirmation. In the event of any change requested by the Merchant, the Carrier may at its option (i) accept the amendment subject to the Merchant’s payment of such costs or tariffs applicable; or (ii) cancel the Merchant’s purchase of the Product, in which case the Merchant shall not be entitled to a refund of the Price.
3.6. Refunds. The Merchant shall be entitled to a refund of the Price where it cancels its purchase of the Product no later than seven (7) days before the estimated time of the vessel’s arrival at the Port of Loading. Save for the foregoing, Products purchased are not refundable in any circumstances whatsoever and the Merchant acknowledges accordingly that it shall not be entitled to a refund of any part of the Product.
3.7. Notwithstanding any provision herein, the Carrier is not bound to offer or sell any Product to the Merchant and may in its sole discretion refuse to offer or sell any Product to the Merchant.
4.1. The Carrier shall not be liable for any failure to load (and consequently shall not be liable to give a refund) and/or shall have the right to refuse the provision of the Product notwithstanding the Merchant’s purchase of the Product where:
4.1.1. there has been any misdeclaration, whether material or not, including but not limited to incorrect/partial declarations, late declarations, alteration or omission of such declarations, of the Goods, including without limitation misdeclarations as to the nature, particulars, weight, or verified gross mass of the Goods;
4.1.2. the Merchant is in breach or default of these Terms and Conditions, the Booking Terms, the Bill of Lading Terms, and/or any other terms and conditions that may apply or are as agreed between the Merchant and the Carrier, where such breach or default may affect the Carrier’s ability to comply with its obligations in providing the Product;
4.1.3. there is an event of Force Majeure affecting the Carrier’s ability to comply with its obligations in providing the Product;
4.1.4. any other reason beyond the Carrier’s control, including but not limited to operational reasons such as but not limited to port congestions, vessel breakdowns, blank sailings, and omissions of scheduled calls at any relevant port; or
4.1.5. the late gate-in of the Container(s) or the provision of the Container(s) to the Carrier after the Cut-Off Time.
5.1. Singapore law shall apply to these Terms and Conditions.
5.2. The Merchant irrevocably agrees that any and all disputes arising out of or in connection with the contract relating to the Product (including these Terms and Conditions), including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration seated in Singapore in accordance with the Arbitration Rules of the Singapore Chamber of Maritime Arbitration current at the commencement of the arbitration, which rules are deemed to be incorporated by reference in this clause.
Notwithstanding the above, nothing in this clause limits the right of the Carrier to bring proceedings, including third party proceedings, against the Merchant in any other court of competent jurisdiction or arbitral tribunal, and the bringing or continuing of proceedings in any one or more jurisdictions shall not preclude the bringing of proceedings in any other jurisdiction, whether concurrently or not, if and to the extent permitted by applicable law.
5.3. The Carrier reserves the right to modify these Terms and Conditions without prior notice to the Merchant.
1.1. “Authorised Users” means an individual or entity that has been authorised, either by the Carrier or by the Merchant under these Terms and Conditions, to access the Product.
1.2. “Bill of Lading Terms” means the standard terms and conditions of the Carrier’s Bill of Lading, a copy of which may be found at the Carrier’s website at https://www.pilship.com.
1.3. “Booking Terms” means the standard booking terms and conditions of the Carrier, a copy of which may be found at the Carrier’s website at https://www.pilship.com.
1.4. “Data” means such data and/or information viewed or accessed by the Merchant on the Carrier’s online platform or as may be provided by the Carrier to the Merchant as a result of the Merchant’s purchase of the Product.
1.5. “Fee” means the agreed consideration or price payable to the Carrier for the provision of the Product, applicable to such service or locations as the Carrier may determine from time to time.
1.6. “Merchant” has the same meaning set out in the Bill of Lading Terms and Booking Terms. For the purposes of these Terms and Conditions, without prejudice to the Bill of Lading Terms and the Booking Terms, “Merchant” shall include any party purchasing the Product and/or any party otherwise accessing the Product.
1.7. “Platform” means the PocketPIL! platform and/or any third party platform used by the Carrier to host the Product, which the Authorised Users shall access for the delivery of the Product. Products delivered through the Platform shall be subject to such terms and conditions governing use of the Platform.
1.8. “Product” or “PILCool” refers to the value-added service whereby the Carrier provides the Merchant with access to the Carrier’s reefer telematics service to the extent necessary for the Merchant to view or access the Data relevant to the Containers for which the Product has been purchased.
1.9. “Terms and Conditions” means this set of terms and conditions.
1.10. Unless otherwise stated herein, capitalised terms in these Terms and Conditions shall bear the same meaning as in the Bill of Lading Terms, the Booking Terms, and the Carrier’s applicable tariff.
1.11. These Terms and Conditions apply to all purchases of the Product from the Carrier. By purchasing the Product and/or confirming its purchase of the Product with the Carrier, whether through the Carrier’s online platform(s) (including but not limited to the PocketPIL! platform and/or any third party platform), email, orally or through any method whatsoever, the Merchant confirms that it has read and accepted these Terms and Conditions and shall be bound by these Terms and Conditions. To the extent required, these Terms and Conditions shall logically amend, vary, and supplement the Bill of Lading Terms and Booking Terms.
2.1. Subject to the Merchant’s payment of the Fee and the terms set out in these Terms and Conditions, the Carrier hereby grants the Merchant a non-exclusive, non-transferable right and licence, without the right to grant sub-licences, to permit the Authorised Users to access and use the Product. Unless otherwise authorised by the Carrier, any use or access of the Product shall be solely for the Merchant’s internal business operations.
2.2. Types of Data. Without prejudice to any other provision in these Terms and Conditions, the Carrier shall provide and the Merchant shall be able to view and download the following types of information on the Platform from the time of release of the empty Container to the time the Container is redelivered to the Carrier, under the Bill of Lading Terms:
2.2.1. The historical Data recorded by the said reefer telematics equipment starting from the time the Container was released to the Merchant to the time of viewing of the Data; and
2.2.2. Data captured by the reefer telematics equipment installed for the subject Container, at the time of viewing of the Data, including the current temperature, humidity, and air composition recorded, depending on the Goods; the location of the Container; and the estimated time of arrival of the Container at the Port of Discharge.
2.3. Availability of the Product and Data. The Product is available on such routes and services that the Carrier may determine and offer to the Merchant from time to time. The Carrier makes no guarantee that the Product shall be available for all ports of call, routes, and services serviced by the Carrier. Further, the collection and availability of the Data and the Product is contingent upon the connection of the relevant reefer Container and its corresponding telematics device to a power source necessary for its operation. Data collection will only occur and Data will only be visible where the necessary electrical power is provided to the reefer Container and its corresponding telematics device. For the avoidance of doubt, the Product does not include the provision of retrospective Data for such periods that the relevant reefer Container is not connected to a suitable power supply and/or where network coverage is not available.
2.4. Changes in the Product. The Carrier shall be entitled without prior notice to modify, limit, suspend, revise, supplement, withdraw, terminate, or disable access (for the Merchant and/or the Authorised Users) to any part of the Product.
2.5. Merchant’s responsibilities. The Merchant shall:
2.5.1. ensure that the Authorised Users use and access the Product in accordance with these Terms and Conditions and shall be responsible for and shall indemnify the Carrier from any Authorised User’s breach of these Terms and Conditions; and
2.5.2. ensure that its network and system used for the delivery of the Product comply with any specifications required by the Carrier for access to the Product. For the avoidance of doubt the Carrier is not obliged to ensure that access to the Product can be integrated into the Merchant’s network and systems.
3.1. Non-reliance. The Carrier makes no express or implied warranty or representation as to the quality, completeness, or accuracy of the Data. All warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from these Terms and Conditions. The Merchant agrees that the Data is provided only as a convenience to the Merchant and any reliance on or use of the Data shall be at the sole risk of the Merchant. The Carrier shall have no liability for any damage caused by errors or omissions in any Data, instructions, or information provided by the Carrier to the Merchant in connection with the provision of the Product, or any actions taken by the Merchant or any third party in reliance on or their use of the Data. The Merchant further agrees that the Data shall not be used in connection with any claim or legal proceeding against the Carrier and no claim or legal proceeding in connection with the Merchant’s use of and/or reliance on the Data shall be made by us or any person against the Carrier, its servants and/or agents, vessels, vessel owners and masters.
3.2. Service limitations. The Carrier does not warrant that the Carrier’s provision of the Product or Merchant’s use of or access to the Product or Platform shall be uninterrupted or error-free, or that the Data shall meet any particular requirement of the Merchant or that it is suited for any particular use. The Carrier is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Merchant acknowledges that access to the Product and Data may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
3.3. Data ownership. The Merchant acknowledges and agrees that the Carrier owns all intellectual property rights in the Product and the Data. Except as expressly stated herein, purchase of the Product does not grant the Merchant or any Authorised User any rights to, under or in, any intellectual property rights that may exist in the Data or any other rights or licences in respect of the Product or the Data. Ownership of the Data shall at all times remain with the Carrier.
3.4. Data storage. Without prejudice to clause 2.2 of these Terms and Conditions, the Data shall be stored by the Carrier for such period as it may deem appropriate in its sole discretion.
3.5. Confidentiality. All Data provided by the Carrier pursuant to a purchase of the Product is confidential. The Merchant shall not disclose such Data to any third party save as required by applicable law, regulation, or court order, but may disclose the Data to Merchant’s employees, officers, contractors, subcontractors, agents, representatives, or advisors on a need-to-know basis. The Carrier’s rights as set out in these Terms and Conditions shall continue to apply to such Data disclosed to third parties.
3.6. Limits of liability. The Carrier’s provision of the Product and the Data is without prejudice to its Bill of Lading Terms and Booking Terms, in particular any right, defence, or limitation that the Carrier may have under its Bill of Lading Terms and Booking Terms. While the Data may contain information relating to the estimated time of arrival of the Vessel, among other things, the Data shall in no way be construed as an obligation or commitment of the Carrier that the Goods will arrive at any particular time. The Carrier shall not in any circumstances whatsoever be liable to the Merchant or any other person for any loss, injury, or damage of any kind or any nature whatsoever, resulting from or arising out of or in connection with the Merchant’s access and/or use of the Platform, Product, and/or the Data. Without limiting the generality of the foregoing, the Carrier shall not in any event be liable to the Merchant or any other person for any special, indirect, consequential, or incidental loss or damages, including without limitation lost profits, lost opportunities, or any other form of consequential loss or damage even if the Carrier has been advised of the possibility of such damages, whether resulting from the Carrier’s breach of these Terms and Conditions or otherwise.
4.1. Purchase to be made for entire booking. Unless otherwise agreed by the Carrier in writing, purchase of the Product must be made for all reefer Containers in each booking placed with the Carrier.
4.2. Refunds. Any Product purchased is not refundable and cannot be cancelled, for any reason whatsoever, including but not limited to a failure of the Product or Platform or an inability to use or access the product or Platform. Any refunds shall be at the Carrier’s sole discretion.
4.3. Payment. Full payment must be made in accordance with the payment terms stipulated in the Carrier’s invoice for access to the Product to be provided. In the event full payment has not been made within the stipulated deadline or if the Merchant is, in the Carrier’s view, in breach of these Terms and Conditions, the Carrier may at its discretion suspend or withdraw access to the Product.
4.4. Rates are quoted on the basis of the service, origin, and destination requested and/or declared by the Merchant at the time of purchase. Where there is a change in the voyage booked, the Carrier reserves the right to revise any rates due pursuant to such a change. Unless otherwise agreed by the Carrier in writing, any Product purchased is not refundable and not transferrable.
4.5. Notwithstanding any provision herein, the Carrier is not bound to offer or sell the Product to the Merchant and may in its sole discretion refuse to offer or sell any Product to the Merchant.
5.1. Singapore law shall apply to these Terms and Conditions.
5.2. The Merchant irrevocably agrees that any and all disputes arising out of or in connection with the contract relating to the Product (including these Terms and Conditions), including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration seated in Singapore in accordance with the Arbitration Rules of the Singapore Chamber of Maritime Arbitration current at the commencement of the arbitration, which rules are deemed to be incorporated by reference in this clause.
Notwithstanding the above, nothing in this clause limits the right of the Carrier to bring proceedings, including third party proceedings, against the Merchant in any other court of competent jurisdiction or arbitral tribunal, and the bringing or continuing of proceedings in any one or more jurisdictions shall not preclude the bringing of proceedings in any other jurisdiction, whether concurrently or not, if and to the extent permitted by applicable law.
5.3. The Carrier reserves the right to modify these Terms and Conditions without prior notice to the Merchant.
In this Bill of Lading, the terms:
‘Bill of Lading’ means the present document whether called Bill of Lading, paperless Bill of Lading, electronic Bill of Lading and/or waybill.
‘Carriage’ means the whole or any part of the operations and services undertaken by the Carrier in respect of the Goods covered by this Bill of Lading.
‘Carrier’ means the party on whose behalf this Bill of Lading has been signed and/or issued.
‘Combined Transport’ arises if the Place of Receipt and/or the Place of Delivery are indicated overleaf in the relevant spaces. Combined Transport consists of Port-to-Port carriage and Inland Transport.
‘Container’ means any container used for the transport of Goods (including, without limitation, any dry storage container, flat rack container, open top container, tunnel container, open side storage container, double doors container, refrigerated container, super freezer container, controlled-atmosphere container, insulated or thermal container, foldable container, half-height container, car carrier container, intermediate bulk shift container, swap bodies, special purpose container, or any combination of the foregoing examples), trailer, transportable tank, ISO tank, drums, flat or pallet or any similar article used to consolidate goods and any ancillary equipment. Unless a provision in this Bill of Lading expressly refers only to a specific type of Container, the defined term “Container” shall be given its full meaning wherever it appears in this Bill of Lading, notwithstanding that certain provisions in this Bill of Lading may contain words that are more generally or commonly understood in relation to a specific type of Container
‘Freight’ means all charges payable to the Carrier in accordance with the Carrier’s applicable Tariff and under this Bill of Lading.
‘Goods’ means the whole or any part of the cargo accepted from the shipper and includes any Container not supplied by or on behalf of the Carrier.
‘Hague Rules’ means the provisions of the International Convention for the Unification of certain rules relating to Bills of Lading signed at Brussels on 25th August 1924 and includes the amendments by the protocol signed at Brussels on 23rd February 1968 and 1979, but only if such amendments (hereinafter collectively called “the Visby Amendments”) are compulsorily applicable to this Bill of Lading. It is expressly provided that nothing in this Bill of Lading shall be construed as contractually applying the said Visby Amendments.
‘Holder’ means any Person for the time being lawfully in possession of this Bill of Lading or in whom rights of suit and/or liability under this Bill of Lading have been transferred or vested.
‘Inland Transport’ means carriage during Combined Transport, including but not limited to road, rail and water transport, other than the Port-to-Port segment.
‘Merchant’ means any Person who at any time has been or becomes the shipper, Holder, consignee, the receiver of the Goods, any Person owning or entitled to the possession of the Goods or this Bill of Lading and any Person acting on behalf of any such Person.
‘NVOCC’ means Non-Vessel Operating Common Carrier.
‘Person’ includes an individual, company, group or other entity.
“Place of Delivery” means any port or place so named overleaf.
“Place of Receipt” means any port or place so named overleaf.
‘Port of Discharge’ means any port so named overleaf.
‘Port of Loading’ means any port so named overleaf.
‘Port-to-Port’ means carriage between the Port of Loading and Port of Discharge.
‘Subcontractor’ means any party and/or Person to which the Carrier subcontracts the whole or any part of this Carriage, including but not limited to owners and operators of any vessels (other than the Carrier), stevedores, warehousemen, container terminal or depot operators, road, rail and air transport operators and any independent contractor employed by the Carrier in the performance of the Carriage or any part thereof and any of their sub-contractors, agents and servants.
‘Tariff’ means the charges payable to the Carrier which includes but is not limited to the following charges: storage charges, detention, demurrage, terminal handling charges, seal fees, bill of lading fees for any issuance, amendment, re-issuance, telex release fees, reefer power charges, late payment fees, booking cancellation/postponement fees, delivery order fees, container cleaning charges and miscellaneous charges (e.g. charges for misdeclaration of dangerous goods, misdeclaration of cargo weight).
‘US COGSA’ means the United States Carriage of Goods by Sea Act, 46 U.S.C. App. § 1300 et seq. as enacted 1936 and any subsequent recodification thereto.
“Verified Gross Mass” means the combined mass of a Container’s tare mass and the masses of all packages and cargo items including but not limited to pallets, dunnage, other packing material and securing materials packed in the Container and verified by one of the methods of weighing specified in SOLAS Chapter VI Regulation 2.
‘Vessel’ means any waterborne craft or barge used in the Carriage under this Bill of Lading, which may be a feeder vessel or an ocean vessel.
The terms and conditions of the Carrier’s applicable Tariff are incorporated herein. Attention is drawn to the terms therein relating to free storage time and to container demurrage or detention. Copies of the relevant provisions of the applicable Tariff are obtainable from the Carrier or its agent upon request. The Carrier’s standard Tariff (which is part of the applicable Tariff) can be accessed online at the Carrier’s website www.pilship.com.
The Carrier or their Subcontractor, or any Person authorised by them, shall be entitled, but under no obligation, to open, unpack or to scan any Container or package at any time and to inspect, weigh and/or measure the Goods and/or the Container or to inspect, check or verify any preparation and/or packing of the Goods and/or the Container. If the inspection of the Goods is conducted by the request or order of any authority at any place, the Carrier will not be liable for any loss or damage incurred by the Merchant as a result of complying with such request or order including but not limited to any opening, unpacking, inspection and/or re-packing. The Carrier shall be entitled to recover the cost of such opening, unpacking, inspection and/or re-packing from the Merchant. Any failure on the part of the Carrier or their Subcontractor to avail themselves of their rights under this clause shall not result in any liability attaching to the Carrier or their Subcontractor.
THE CARRIER SHALL HAVE A LIEN ON THE GOODS AND ANY DOCUMENTS RELATING THERETO FOR ALL SUMS PAYABLE TO THE CARRIER UNDER ANY CONTRACT BETWEEN THE MERCHANT AND THE CARRIER, WHETHER RELATED TO THE CONTRACT OF CARRIAGE EVIDENCED BY THIS BILL OF LADING, WHICH FOR THE AVOIDANCE OF DOUBT, INCLUDES ANY SUMS DUE TO THE CARRIER ARISING FROM ANY GENERAL AVERAGE CONTRIBUTIONS AND/OR SALVAGE CHARGES. THE CARRIER SHALL ALSO HAVE A LIEN AGAINST THE MERCHANT ON THE GOODS AND ANY DOCUMENTS RELATING THERETO FOR ALL SUMS DUE FROM HIM TO THE CARRIER UNDER ANY OTHER CONTRACT. The Carrier may exercise his lien at any time and at any place at his sole discretion, whether the Carriage is completed or not. In any event, any lien shall extend to cover the cost of recovering the sums due. The Carrier shall have the right to sell the Goods by public auction or private treaty, without notice to the Merchant, at any place at the sole discretion of the Carrier. For the avoidance of doubt, nothing herein shall prevent the Carrier from recovering from the Merchant the difference between the amount due to the Carrier and the net amount realised from such sale.
To ensure the safety of the ship, workers aboard ships and ashore, cargo, as well as the overall safety at sea, the International Convention for the Safety of Life at Sea (SOLAS) requires the total gross mass of all packed containers to be verified prior to stowage aboard ship. This is known as the Verified Gross Mass (VGM), which comprises:
Shippers are responsible for the following:
If the VGM of the packed container is not provided by the shipper, the container will not be loaded onto the ship unless the master or his representative and the terminal representative have obtained the VGM through other means.
Shippers have two methods to choose from to verify the gross mass of the containers, in accordance to the SOLAS Convention.
Weighing the packed container at the weighbridge, or using scale, lifting equipment or any other device that meets the accuracy standards and requirements of the State.
All items to be loaded into the container are weighed individually. This includes the weight of all packaging materials such as dunnage, pallets and materials used for securing the cargo.
These weights are then added to the tare weight of the container, which can be found on the CSC plate on the door of the container, or obtained from our website under “Container Specification”
The shipper named in the Bill of Lading is responsible for the VGM, and the signatory of the VGM declaration must be duly authorized by the shipper.
VGM must be submitted to PIL before the stipulated cut-off date and time. As the cut-off date and time may vary depending on countries and ports, shippers should obtain the cut-off date and time from our local offices or booking offices.
Shippers may submit their VGM using one of the four methods:
Fill in this VGM Declaration Form and email it to VGM@sgp.pilship.com
Shippers will receive a confirmation email if the VGM submission is successful.
Note: This email address is an auto update function and not manned by any personnel. Please ensure that accurate information is provided to avoid any delays.
Email your VGM data in a standard EDIFACT message known as VERMAS to VGM@sgp.pilship.com
Shippers will receive a confirmation email if the VGM submission is successful.
Please contact our local agent if you want to submit your VERMAS via a portal such as INTTRA, CargoSmart, or GTNexus.
PIL strongly encourages all shippers to use methods 1 to 3.
If it is truly required, shippers may fill in this VGM Declaration Form, and email or fax it to our agents.
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