FreightSmart Terms and Conditions

General

1. The customer (the “Customer”) shall read all FreightSmart Terms and Conditions carefully. By placing any orders on FreightSmart, the Customer will be considered to accept these FreightSmart Terms and Conditions and will be bound by them without restriction set out below and warrant that all information provided to FreightSmart is complete and accurate.

2. It is a condition of any booking under FreightSmart Terms and Conditions that the Customer agrees and accepts that the Customer will be deemed a “Merchant” as defined in the Terms for Carriage and, as such, will be responsible for all the obligations and liabilities of the shipper, whether disclosed or not. Any subsequent nomination of a shipper or other Party in relation to the booking shall be subject to our discretionary acceptance. In nominating a shipper or other party in relation to the booking, you warrant that you have the authority to legally bind the nominated shipper or other party relating to the booking, as applicable, and, should that not be the case, you will assume full liability and shall indemnify FreightSmart for any and all loss suffered, or cost incurred as a consequence of the absence of such authority.

3. The ocean charges, including freight rates, surcharges and fees in FreightSmart, are governed by the FreightSmart Terms and Conditions and OOCL’s prevailing governing tariffs on the OOCL website (www.oocl.com) at the time of booking. In the event of any inconsistency between any of the following documents, the document first listed below shall govern:

   • 3a. The FreightSmart Terms and Conditions.

   • 3b. Except in respect of all the displayed surcharges, OOCL’s prevailing governing tariffs are on the OOCL website at the time of booking.
     
     In case of one Bill of Lading is requested by the Customer for multiple bookings on FreightSmart, this Bill of Lading’s surcharge and fees shall be governed at the time of the last booking.

4. Please refer to the information displayed on FreightSmart (“this Platform”) for the ocean freight, ocean freight surcharges, and origin charges for the shipping products provided by this Platform. The ocean freight this Platform provides usually does not include destination charges, incidental fees, etc. The destination charges and incidental fees should be paid separately, as OOCL’s prevailing tariffs are published on the OOCL website at the time of booking. Other Surcharge and Fees applicable include Surcharge and Fees introduced to cover a change of requirements or additional services at the Customer’s request, contingency charges, local surcharges or other charges due to extraordinary conditions beyond OOCL’s control, if relevant, which are available at OOCL’s prevailing governing tariffs on OOCL website at the time of booking, and specified by OOCL in its invoices when your booking is accepted. Carriage of goods is always subject to the Terms and Conditions of the OOCL’s Bill of Lading. OOCL and carrier are defined in the OOCL Bill of Lading.

   FreightSmart booking is subject to the currency exchange at the time of shipment, and the Customer accepts that the amount invoiced may vary due to currency fluctuations.

5. The applicable premise of the shipping products on FreightSmart is that the actual sailing date is within the validity period of the freight shown on FreightSmart. The estimated schedule information of the shipping products is only for reference, and the settlement will be conducted according to the corresponding validity period published by FreightSmart.

   The rates are quoted on the basis of the claimed commodity as provided and indicated by the Customer in the booking request. The Customer warrants that the shipment does not include personal effects, hazardous goods, or goods prohibited, restricted, or controlled by the local authority or OOCL tariff. 
   
   In the event the actual commodity is different from the indicated commodity, then OOCL reserves the right to change the price and charge an additional overweight charge. OOCL also reserves the right to decline such booking notwithstanding any issuance of Booking Confirmation, transport documents or receipt of the goods if: 

   • 6a. The cargo weight may exceed any regulatory or other restrictions in any applicable country location; or 

   • 6b. The commodity may be prohibited, restricted, or controlled by the local authority or OOCL tariff; or 

   • 6c. The Customer fails to submit the OOCL requested license or documentation within 48 hours after booking confirmation; or

   • 6d. Any shipping party is not eligible for cargo transportation.  

For the purposes of FreightSmart, unless otherwise specified, “FAK” shall consist of the following items: 

In addition, for Dry Cargo moving from USA and Canada to Asia, the commodity term “FAK” is an abbreviation for “Freight All Kinds”, and it excludes the following items: 

In addition, for Dry Cargo moving from USA or Mexico and Canada to Europe, and Dry Cargo originating from Mexico, the commodity term “FAK” is an abbreviation for “Freight All Kinds”, and it excludes the following items:

For shipment with USA, Canada, or Panama as neither origin nor destination, and shipment with Mexico as destination, the definition of FAK or Cargo NOS is as per OOCL Tariff OOLL-100 Rule T-56 . 

In addition, for Dry Cargo moving from Australia and New Zealand to all destinations, the commodity term “FAK” is an abbreviation for “Freight All Kinds”, and it excludes the following items:

For purposes of Service Contracts, unless provided otherwise in an individual Service Contract, the definition of FAK or Cargo NOS is as per OOCL Tariff OOLL-005-Rule 32.

7. Weight limit requirements and overweight surcharge standards for each service as well as surcharges and related charges adjusted from time to time by the relevant carrier, shall be subject to the charge standards published by the relevant carriers on each service. 

8. The Customer could pick up empty containers after booking confirmation from the dedicated empty release location. However, unless otherwise specified, the availability thereof does not apply for:

   • 8a. Specific container nomination, including but not limited to Food/Dairy grand container; OOCL brand container; Heavy-duty container; Flexitank grade container; Refrigerated container; Open top container; Flat racks; Super racks; Garmentainer.

   • 8b. Equipment picked up at a different location from the dedicated empty release location unless, as carrier’s official notification on the dedicated empty release location change.
     
     We reserve all the rights to provide substitution containers or change the empty container release location according to the equipment availability before empty container pickup. Within 48 hours after the Customer receives the OOCL’s notification on the empty container release location change, the booking could be cancelled by the Customer if the newly dedicated empty release location is unacceptable. 

9. Unless otherwise specified, the applicable detention, demurrage, free time, and per diem rates depend on the import and export locations. The applicable detention, demurrage, free time, and per diem rates for FreightSmart are the OOCL tariff.

10. The rate payment term would be the FreightSmart offering, and the other surcharges and fees may follow the payment terms as the OOCL tariff.

11. For any FreightSmart booking, the commitment of the Customer is to deliver the containerised Goods for shipment by OOCL, subject to the conditions of these FreightSmart Terms and Conditions.

12. If OOCL’s vessel cannot call at the intended port due to force majeure (clause 18), the OOCL will try to give priority to arranging the nearest voyage.

13. FreightSmart reserves all rights to withdraw, suspend, or amend any credit offers to FreightSmart bookings.

14. Force Majeure

    • 14a. Notwithstanding the foregoing, where the performance of a Party in whole or in part is prevented by an event of Force Majeure, meaning any circumstances beyond the reasonable control of a Party which, by the exercise of due diligence, such Party is unable to provide against, such as but not limited to war (whether declared or not), warlike or belligerent acts or operations, hostilities or the imminence thereof, act of public enemies, terrorism or terrorist acts, restraint of princes, rulers or people, compliance with any compulsorily applicable law or governmental directive, boycott against flag, political ban, epidemic, port congestion which is reasonably anticipated to incur delay of 48 hours or more, act of God, strikes, lockouts, labour disputes, stoppages or unrest (whether or not involving the employees of the affected Party), accidents, invasion, rebellion or sabotage, train waggon disconnected, train cancelled by rail company, full inland terminal/port and unloading of train delayed, lack of labour to unload the train, or any other events whatsoever beyond the reasonable control of the affected Party, the performance of this agreement by the affected Party, to the extent of the Force Majeure event and no more, shall be suspended without penalty or liability on the part of the affected Party (in whole or in part as appropriate) until such time as the performance thereof is again practicable, without prejudice to any rights, liabilities and obligations accrued up to the date of suspension.

    • 14b. Upon the occurrence of an event of Force Majeure, the Party seeking to rely upon it shall, as soon as reasonably practicable after the occurrence of the event, but in any event within 24 hours, give notice to the other Party specifying the nature of the Force Majeure event and its effect upon the obligations under the relevant booking.

    • 14c. Any Party claiming an event of Force Majeure shall take all reasonable steps to minimise the consequences of such event on the performance of their material obligations under the booking.

15. Indemnification: The Customer agrees to protect and maintain the profits of FreightSmart and other third parties. If the Customer violates relevant laws, regulations, or any provision hereof and causes losses to FreightSmart or any other third parties, the Customer shall be liable for all damages caused thereby.

16. Confidentiality: Your Rate Document is confidential, the contents of which shall not be disclosed to competitors of OOCL.

17. Terms and Condition Amendments: FreightSmart reserves the right to update and modify these Terms and Conditions if necessary.
    
    If the Customer does not agree to the amendment made by FreightSmart, the Customer has the right to stop using the relevant services of FreightSmart. If the Customer chooses to continue using it, it will be deemed that the Customer accepts the amendments.

18. The parties agree to fully comply with General Data Protection Regulation 2016/679 (“GDPR”) and any applicable data protection laws and be bound by the terms available at the Framework between Carrier and Shipper under which you are the “data controller”, and OOCL is the “data processor” in respect of any personal data provided by you to us for the contract of carriage. You (i) authorise OOCL to process any personal data provided to OOCL or which is made available to OOCL by you for the purposes of providing service under the contract of carriage and the Rate Document and for other purposes, including transferring personal data to competent bodies, courts or regulatory authorities, as may be requested; (ii) acknowledge and agree that OOCL may transfer the personal data to its affiliates, employees, agents, delegates, sub-processors or competent authorities and to a country outside of the European Economic Area in accordance with the Model Clauses or Ad hoc Clauses and other available data transfer solutions.​

19. Governing Law and Jurisdiction: The validity, interpretation, alteration, enforcement and dispute settlement of these Terms and Conditions shall be governed by and will be construed according to English Laws. In the absence of relevant legal provisions, reference should be made to general international business practices and/or industrial practices. The English version of these Terms and Conditions prevails to the extent of any inconsistency between the English and the other language versions. The other language versions of these Terms and Conditions are for reference only.

20. Miscellaneous

    • 20a. FreightSmart retains the right of final construction of the Terms and Conditions hereof.

    • 20b. If any provision of this agreement is deemed illegal, invalid or unenforceable for any reason, such provision shall be deemed severable from the terms of this agreement and shall not affect the validity and enforceability of any other provision.

Annex I - FreightSmart E-Spot

1. Cancellation Fee: When the Customer makes an order on FreightSmart E-Spot, the order will take effect immediately. If the booking is cancelled or the cargo is not shipped due to reasons other than the liability of FreightSmart, FreightSmart will collect a cancellation fee according to the fee collection standard published by FreightSmart. The applicable cancellation fee quantum is available on the FreightSmart platform when the Customer confirms an order. The Customer must read and accept that the order the cancellation fee before order confirmation.

2. FreightSmart supports the Customer in making some amendments to the orders. FreightSmart will calculate the total cancellation fee based on the amendment by the Customer. If the order is cancelled or partially cancelled, FreightSmart Team will issue an invoice to the Customer’s provided address, and the cancellation fees shall be payable within 14 days from the issuance date. If the payment of the service charge is overdue, OOCL has the right to deduct the overdue service charge from the cash deposit (if any); or FreightSmart Services may be suspended. 

3. FreightSmart will protect the space and prioritize the equipment after the Customer successfully places an order in FreightSmart. The Customer shall, within the time specified by the carrier, pick up the empty container for loading, provide information and then complete customs declaration and gate in before the cut-off time.

4. The cargo volume of FreightSmart booking would not be counted into the Customer’s service contract Minimal Quantity Commitment (MQC) fulfilment which is offline offered and agreed upon through other sales channels. Further, the cargo volume of FreightSmart booking would not be counted into any volume incentive program/agreement with the Customer.

5. Discounts and Coupons: The Customer may choose to use coupons to deduct the ocean freight of the ordered product; however, if the order is cancelled, the used coupons will automatically become invalid and cannot be re-used anymore.
   
   FreightSmart discounts and applicable coupons selected by customers will deduct the ocean freight of the ordered products, but the amount of ocean freight for one container after deduction shall be no less than one US dollar. The coupon is non-refundable and cannot be exchanged for cash in part or full. 

6. Special Provisions for Promotion

   • 6a. Applicable Provisions for Promotion: The Platform will launch promotional products from time to time, and the provisions of this article apply to promotional products without special instructions; however, if the special rules for promotion shipping products are different from the provisions hereof, the special rules for promotion shipping products shall prevail.

   • 6b. Promotion Cancellation: For any placed order with promotional products, the promotion will be cancelled with order cancellation. 

7. Trucking Services: For all trucking services provided:

   • 7a. price quoted is pure trucking cost only and does not include any disbursement fee.

   • 7b. Trucking service is only applicable to standard containers and is subject to weight limitations. The total weight limit of 20’GP containers (including tare weight) is 18 tons; the total weight limit of 40’GP and 40’HQ containers (including tare weight) is 22 tons.

   • 7c. If the above weight limit is exceeded, an overweight fee will be incurred, and the overweight fee will be quoted according to the specific conditions of the shipment.

   • 7d. Trucking costs may be adjusted with market changes, especially for holidays, subject to further negotiations.
     
     The Customer shall send the details of the trucking service arrangement, in the standard format, to our customer services at least two working days before loading. Only after receiving and verifying the business information (including detailed packing address and other information) can we confirm and arrange the trucking service. The Customer will be responsible for all costs incurred from the delay of customs declaration if the Customer or their agent arranges their own customs declarations.
     
     Service terms and conditions may vary in each country or region. For details, please refer to the latest E-Trucking service area for the respective countries or regions. 

A. General Cargo

1. For the purposes of FreightSmart, unless otherwise specified, “FAK” shall consist of the following items:

In addition, for Dry Cargo moving from USA and Canada to Asia, the commodity term “FAK” is an abbreviation for “Freight All Kinds”, and it excludes the following items:

In addition, for Dry Cargo moving from USA or Mexico and Canada to Europe, and Dry Cargo originating from Mexico, the commodity term “FAK” is an abbreviation for “Freight All Kinds”, and it excludes the following items:

For shipment with USA, Canada, or Panama as neither origin nor destination, and shipment with Mexico as destination, the definition of FAK or Cargo NOS is as per OOCL Tariff OOLL-100 Rule T-56 . 

In addition, for Dry Cargo moving from Australia and New Zealand to all destinations, the commodity term “FAK” is an abbreviation for “Freight All Kinds”, and it excludes the following items:

For purposes of Service Contracts, unless provided otherwise in an individual Service Contract, the definition of FAK or Cargo NOS is as per OOCL Tariff OOLL-005-Rule 32.

B. Reefer Cargo & Non-Operating Reefer

1. The Reefer rates on Reefer Channel are quoted on the basis of the claimed commodity as provided and indicated by the Customer in the booking request. The Customer warrants the shipment does not include personal effects, Refrigerated High-Value Cargo, hazardous goods or goods prohibited, restricted, or controlled by the local authority or OOCL tariff.
   
   In the event the actual commodity is different from the indicated commodity, then OOCL reserves the right to change the price and charge an additional overweight charge. OOCL also reserves the right to decline such booking notwithstanding any issuance of Booking Confirmation, transport documents or receipt of the goods if:

   • 1a. The cargo weight may exceed any regulatory or other restrictions in any applicable country location; or

   • 1b. The commodity may be prohibited, restricted,or controlled by the local authority or OOCL tariff; or

   • 1c. The Customer fails to submit the OOCL requested license or documentation within 48 hours after booking confirmation; or

   • 1d. Any shipping party is not eligible for cargo transportation. 

2. For the purposes of FreightSmart, unless otherwise provided in a FreightSmart offering, “RF FAK” shall consist of the following items:

In addition, for Reefer cargo moving from Australia and New Zealand export, the commodity term “RF FAK” is an abbreviation for “Reefer Freight All Kinds”, and it excludes the following items:

3. The NOR rates on Reefer Channel are quoted on the basis of the claimed commodity as provided and indicated by the Customer in the booking request. The Customer warrants the shipment does not include personal effects, refrigerated goods, hazardous goods or goods prohibited, restricted, or controlled by the local authority or OOCL tariff.
   
   In the event the actual commodity is different from the indicated commodity, then OOCL reserves the right to change the price and charge an additional overweight charge. OOCL also reserves the right to decline such booking notwithstanding any issuance of Booking Confirmation, transport documents or receipt of the goods if:

   • 3a. The cargo weight may exceed any regulatory or other restrictions in any applicable country location; or

   • 3b. The commodity may be prohibited, restricted, or controlled by the local authority or OOCL tariff; or

   • 3c. The Customer fails to submit the OOCL requested license or documentation within 48 hours after booking confirmation; or

   • 3d. Any shipping party is not eligible for cargo transportation. 
     
     For the purposes of FreightSmart, unless otherwise provided in a FreightSmart offering, “NOR FAK” shall consist of the following items:

• 3di. Unacceptable Cargo Type
  • Heavy packages with rough/sharp edges (e.g., Stone facing slabs, Machinery parts etc.)
  • Soiled and/or Odorous cargo (e.g., Hides etc.)
  • Bulk cargo (e.g., Grain, Scrap metal etc.)
  • Powders in bags (e.g., Cement etc.)
  • Obnoxious or corrosive substances (e.g., Ammonium bicarbonate, Urea, Dicalcium Phosphate etc.)
  • Volatilisable substances
  • Iron and steel components, including sheets, blocks and coils

  • Car, Motorbikes, Tires and Auto-parts

• 3dii. Unacceptable Packaging unless Palletised
  • Steel drums
  • Wooden crates, lumbering
  • Bales (e.g., Cotton, Textiles, Rubber etc.)
  • Rolls (e.g., Carpet, Floor coverings, Textiles, Wire, Tires etc.)

  • Bagged cargoes (e.g., Resin etc.)

• 3diii. Unacceptable Stuffing Method
  • Improper lashing and bracing (e.g., Timber bracing etc.)
  • Improper stowage

  • Usage of a forklift or similar instruments during stuffing/devanning

Annex II - FreightSmart E-Quote

A. Customer has an existing agreement & Service Contract Number with OOCL 

1. The terms and conditions that were agreed between OOCL & the Customer under the respective service contract number (including but not limited to service contract Minimal Quantity Commitment, payment & credit terms, commodity, ocean freight, included & subject to surcharges, notes, detention & demurrage free time) will be applicable to the corresponding FreightSmart E-Quote bookings. 

2. The FreightSmart E-Quote bookings are subject to space and equipment availability and subject to compliance by the customer with all applicable cargo weight restrictions and regulations.  

B. Customer has an E-Quote 

1. The Rate is valid within the Rate Effective Period provided that the booking is made and the shipment delivered; the time of shipment is within the Rate Effective Period. A shipment shall be deemed to have been delivered when the full bill of lading quantity has been received; and the time of shipment is as OOCL Tariff OOLL-100 T-2 Rate Applicability.

2. The FreightSmart E-Quote bookings are subject to space and equipment availability and subject to compliance by the customer with all applicable cargo weight restrictions and regulations.  

3. This E-Quote Rate is subject to the Rate Document Terms and Conditions published on the OOCL website, which has the payment and other terms and meanings of definitions used in the Rate Documents. Except for Surcharge and Fees marked as "Fixed" in the Rate Document, the quantum of other Surcharge and Fees in this Rate Document are set at maximum rates, valid until further notice (unless specified) and are governed by and subject to Carrier’s prevailing tariffs published on the OOCL website at the time of shipment. Other Surcharge and Fees applicable include Surcharge and Fees introduced to cover a change of requirements or additional services at your request, contingency charges, local surcharges or other charges due to extraordinary conditions beyond OOCL’s control, if relevant, which are available at carrier’s prevailing governing tariffs on the OOCL website at the time of shipment, and specified by OOCL* in its invoices when your booking is accepted. Unless otherwise specified, all bookings are subject to carrier’s cargo acceptance and availability of equipment, service loop and vessel space. All business transactions are undertaken in accordance with and subject to the carrier’s Bills of Lading terms and conditions, which are available on the OOCL website. OOCL* and carrier are defined in the OOCL Bill of Lading. This Rate Document is governed by English Law. 

Annex III - E-Trucking 

1. Service terms and conditions may vary in each countries or regions. For details, please refer to the links Inland Haulage Terms and Conditions for the respective countries or regions.