Grade A Container Terms and Conditions

By using a Grade A Container (as defined below) or any portion thereof, the Customer agrees to be bound by the following terms and conditions (the “Grade A Container Terms”). “Grade A Container” means a container that meets the criteria set out under “Grade A Container Standard” below.

At the time of requesting a quotation, the Customer may request the Grade A Container Service for an Eligible Shipment (as defined below), subject to the Grade A Container Terms. The Customer shall at all times comply with the Grade A Container Terms and all other applicable terms and conditions, including the FreightSmart Terms and Conditions. The Grade A Container Terms shall incorporate the aforesaid FreightSmart Terms and Conditions. In the event of any conflict between the Grade A Container Terms and the FreightSmart Terms and Conditions, the Grade A Container Terms shall prevail.

For the avoidance of doubt, the Grade A Container Terms shall be without prejudice to OOCL’s standard Bill of Lading terms and conditions. Unless otherwise defined herein, capitalised terms shall have the same meanings as set out in the applicable terms and conditions.

The container grade selected by the Customer is subject to final acceptance by OOCL and equipment availability. If the required equipment is unavailable, the Customer will be advised, and no fee will be payable. The service provided by OOCL under these Grade A Container Terms to supply Grade A Containers shall be referred to as the “Grade A Container Service”.

Eligible Shipments

Shipments that meet the following conditions are eligible for the Grade A Container Service (“Eligible Shipments”):

1. The Customer must specify, when requesting a quotation or making a booking, that it requires the Grade A Container Service.
2. The Customer undertakes that the Goods for shipment are not any of the following:
   • Dangerous or hazardous cargo;
   • Out-of-gauge cargo;
   • Reefer or temperature-controlled cargo;
   • Cargo requiring special equipment, including but not limited to Flat Rack, Open Top or Tank Containers; or
   • Any cargo prohibited by OOCL or applicable law.

OOCL shall have absolute discretion to reject any Grade A Container request that does not meet the above requirements.

Grade A Container Standard

The Grade A Container Service provides the Customer with the option to request one of the following container grades:

Food Grade Container

A Food Grade Container is intended to provide higher standards of cleanliness, physical condition and cargo protection and generally meets the following criteria:

• Clean and dry interior;
• No offensive odour;
• No visible holes;
• Watertight;
• Floor in sound condition and free of protruding objects, rough gouges and splinters;
• Free of previous cargo residue;
• Free of insect contamination or infestation;
• Free of transferable stains;
• Door seals in sound condition;
• No excessive rust; and
• No significant structural defects that would affect normal cargo loading.

The equipment is subject to reasonable wear and tear commensurate with its age and operational use.

Customer Responsibilities

The Customer remains solely responsible for checking the condition and suitability of any Grade A Container before use.

The Customer shall ensure that:

• The Grade A Container is suitable for the intended cargo;
• Any apparent defects are reported before the container is stuffed; and
• The cargo is packed, secured and loaded in accordance with applicable regulations and good shipping practice.

OOCL shall not be liable for any loss of or damage to cargo arising from any container defects or unsuitability that would have been apparent upon reasonable inspection prior to or during stuffing. By using the Grade A Container, the Customer is deemed to have accepted it as free from any such apparent defects and suitable for the intended cargo.

Payment Terms

The Customer agrees to pay the applicable per-container fee for the Grade A Container Service, as communicated to the Customer at the time of quotation or booking and determined by reference to the sailing period and the Port of Loading.

If the selected container grade is not collected by the Customer within the allowed free time, OOCL reserves the right to cancel the service and allocate the container to another booking.

Unless OOCL states otherwise when the Customer requests the Grade A Container Service, the Grade A Container Service fee shall be due and payable in the currency specified in the invoice, together with the Freight.

Disclaimer and Limitation of Liability

OOCL does not warrant the availability of Grade A Containers for the specific loading time or vessel indicated in the booking confirmation. In the event that OOCL is unable to provide the Grade A Containers for any reason, the Customer’s sole and exclusive remedy shall be either (i) a refund of the Grade A Container service fee paid for the affected booking or (ii) cancellation of the Grade A Container service request without further charge, as determined by OOCL.

Applicable Law

The validity, interpretation, alteration, enforcement and dispute settlement of these Grade A Container Terms shall be governed by and construed in accordance with English law.

Modification

OOCL reserves the right to amend these Grade A Container Terms at any time without prior notice.