1. The rate information provided is an estimate only and may be subject to change. This is because:
(a) Any booking accepted by us are subject to all applicable charges, surcharges, fees, adjustment factors (including local ones), rules, exceptions and exclusions pursuant to the Maersk A/S trading as Sealand Americas ("Sealand Americas") Tariff (the “Additional Charges and Terms”) which can be provided to you on request. Such Additional Charges and Terms may include, but are not limited to rate increases, terminal handling charges, port fees, overweight charges, documentation fees, customs charges and charges arising out of retention of container and/or vehicles beyond the free time permitted in the Tariffs. From the time of providing you with this rate information and the date that we take receipt of the full container quantity to be stated in the transport document(s) we also reserve the right to introduce and receive payment of new charges and/or surcharges which are in addition to the charges and/or surcharges contained in this rate estimate.
(b) The rate information has been calculated on the current rates, charges, surcharges and applicable exchange rates for the requested services while we will charge you the rates, charges and surcharges and use any exchange rates which are applicable on the date that we take receipt of the full container quantity to be stated in the transport document(s). This may result in a change in the prices of the quoted applicable rates, charges and surcharges.
2. Additionally, this rate estimate assumes that you will provide your booking and shipping instructions online. If booking or shipping instructions for non-US trades are submitted in another manner, we reserve the right to charge you additional or different charges to those provided in this rate estimate.
3. Rate information does not apply to:
(a) Any cargo being moved pursuant to an US government-related program, which includes but is not limited to US Military, USAID, International Department of Development, US State Department, US Department of Agriculture, US Government Household Goods and US Foreign Military Sales cargo.
(b) Project Cargo which is construction, building, manufacturing materials or supplies or any other materials for a named project.
(c) Any cargo that must be carried on an US Flagged vessel as required by Cargo Preference Laws.
4. All bookings are subject to our cargo acceptance policies. You must indicate to us whether the cargo requires temperature control or is hazardous. You also warrant to us that you will provide to us all particulars required by us for the transportation of the cargo. This includes, but is not limited to, providing the correct cargo description in compliance with all applicable customs and other laws.
5. Please be aware that this is a booking request only. Acceptance of booking requests is always subject to both space and equipment available at both the time of receipt by us of your booking request and at the time of receipt of the full container quantity to be stated in the transport document(s).
6. This booking and carriage are subject to Sealand Americas Terms and Conditions of Carriage. These terms, conditions and provisions are available upon request from the carrier or his representatives and are furthermore accessible on the Sealand Americas website https://terms.sealandmaersk.com/americas/carriage.
7. It is a condition of this booking that you agree and accept that you will be deemed a “Merchant” as defined in the Sealand Americas' Terms and Conditions of 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 Sealand Americas' discretionary acceptance. In nominating a shipper or other party in relation to the booking the you warrant that you have authority to legally bind the nominated shipper or other party in relation to the booking, as applicable, and, should that not be the case, you will assume full liability and shall indemnify Sealand Americas for any and all loss suffered or cost incurred as a consequence of the absence of such authority.
8. Without prejudice to the generality of Sealand Americas' Terms and Conditions of Carriage, the carrier may substitute the named and/or performing vessel(s) with another vessel or vessels at any time.
9. Arrival, berthing, departure and transit times are estimated and given without guarantee and subject to change without prior notice.
10. All dates/times are given as reasonable estimates only and subject to change without prior notice.
11. Unless otherwise stated in the Booking Confirmation, or a contract executed by each party, or Sealand Americas’ Terms and Conditions of Carriage, no term, condition, or requirement of any booking document or other prior correspondence regarding the subject shipments are accepted by the Carrier. Any such terms, conditions, or requirements shall be deemed null and void.
12. These terms and conditions shall not apply to the extent that they are inconsistent with any term in a service agreement that we may have entered into with you.
12. All booking requests for shipments destined for or carried/transshipped via the USA are subject to you providing the correct cargo description in accordance with U.S. law, including U.S. Customs requirements as described in Customs Rules and Regulations, 19 CFR Parts 4, 113 and 178 of October 31, 2002.