“Carrier” means Maersk Line A/S trading as SeaLand, 50 Esplanaden, 1263 Copenhagen K, Denmark. “SeaLand” is the trade name of the Carrier
“Contract” means the Cover Page, Rate Sheets and these Service Contract Terms, any terms incorporated by reference, and any appendix hereto as may be amended from time to time.
“Maersk Group” means the Carrier and any other company or entity which is directly or indirectly owned or controlled by A.P. Møller – Mærsk A/S and engaged in shipping, transport and/or logistics services.
“Merchant” includes the Shipper, Holder, Consignee, Receiver of the Goods, any Person owning or entitled to the possession of the Goods or of the relevant bill of lading and anyone acting on behalf of such Person.
“Shipper” means the party/parties appearing as shipper on any applicable Transport Document or shipping instruction and anyone acting on behalf of such party/parties.
“Tariff” means the terms and conditions of Carrier’s applicable tariffs, freight rate increases applicable to the movement of any commodities, charges, surcharges, rules, obligations, indemnities, regulations, arbitraries/additionals or terms), and any subsequent modifications thereto, which are published at https://www.sealandmaersk.com/ and obtainable from the Carrier upon request.
“Term” means the duration of this Contract, from the Effective Date stated on the Cover page until the Expiration Date stated on the Cover Page.
“Transport Document” means Carrier’s bill of lading of lading or sea waybill.
2. Carrier’s Terms for Carriage
The Carrier’s Terms for Carriage, available at https://terms.sealandmaersk.com/americas/carriage (“Terms for Carriage”) or otherwise obtainable from the Carrier upon request, apply to all individual shipments under this Contract. Attention is drawn to clause 2 in the Terms for Carriage, where Carrier’s applicable Tariffs are incorporated. Where reference is made to the Terms for Carriage in this Contract, such reference includes a reference to the Carrier’s applicable Tariff.
The rates and charges set forth in the Cover Page or the Rate Sheet shall not be overridden by the Transport Document or the Tariff. However, in the event any provision in Carrier's Transport Document limits or governs its liability for damages to persons or property (including cargo), delays, misdelivery, or any other provision of the Transport Document mandated by applicable law is or are in conflict with the Contract, the Transport Document shall prevail.
Rates, charges and surcharges of whatever nature ("Freight") are reflected in the Rate Sheet and the applicable Tariff, as applicable.
Unless Freight is specifically marked as fixed in the governing Tariff or the Rate Sheet is floating and is, therefore, not subject to change during the Term, while all other Freights may be subject to change in accordance with the terms and conditions of the governing tariff in effect on the date on which the carrying vessel is scheduled to depart from the Port of Loading.
4. Charges and Invoice
The Shipper shall be required to pay Carrier amounts required under the Contract or Carrier’s Transport Document upon receipt of an invoice. The Shipper shall not require any further documentation from the Carrier prior to payment. If Carrier grants credit to Shipper, Carrier’s standard Credit Terms available at https://terms.sealandmaersk.com/americas/credit shall apply to such credit.
5. Qualification for Contract Rates
In order for cargo to qualify for the rates and terms set forth in this Contract, the Shipper or affiliated concern must appear as shipper or consignee on the applicable Transport Document. Shipper shall furthermore reference the service contact number upon booking, on each Transport Document and set of shipping instructions for shipments tendered pursuant to the Contract.
6. Trade Regulations
The Shipper is responsible for and warrants its compliance with all applicable laws, rules and regulations, including, but not limited to, the export laws and government regulations of any country to, from, or through which the goods may be carried, including, without limitation the comprehensive economic and trade sanctions of the EU and the USA. To the extent applicable, Shipper warrants that it has obtained all necessary export, re-export, and/or import licenses or permits and the Carrier is not required to obtain any special license or permit in connection with The Carrier’s performance hereunder. The Shipper further warrants that it or any party the Shipper endorses any Transport Document to is not a party identified on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or any other list of prohibited or denied parties maintained by the E.U., U.S.A. or any other country as applicable. The Shipper also warrants that the goods are not intended to be used in the design, development or production of nuclear, chemical or biological weapons. Shipper shall indemnify and hold the Carrier harmless to the full extent of any loss, damage, cost, expense, or liability to the carrier including lost profits, attorney’s fees and court costs for any failure or alleged failure of Shipper to comply with applicable export and import laws and regulations of any country. The Carrier assumes no liability to Shipper or any other person for any loss or expense arising from Shipper’s failure to comply with applicable laws.
Except to the extent required by law, or by request of a competent government entity, agency, court or tribunal thereof, or as otherwise necessary to comply with governmental requirements, the terms and conditions of the Contract may not be disclosed to third parties other than to affiliates who agree to be bound by the same confidentiality provisions. The Carrier may disclose to a third party terms and conditions of the Contract for the purposes of performing the Contract or collecting outstanding charges related hereto, including, but not limited, to ocean freight, demurrage and detention. Disclosure of confidential information by persons formerly employed by the Carrier, after their employment with the Carrier, shall not constitute a breach of the Carrier’s confidentiality obligations above.
The Shipper may not assign the Contract, including any or all of its rights, obligations or liabilities hereunder, or otherwise permit any other person or entity, directly or indirectly to utilize services, rates, or other terms provided by the Carrier under the Contract, without the prior written consent of the Carrier. The Carrier may assign or novate the Contract, including any or all of its rights and/or liabilities hereunder to any company or other entity within the Maersk Group by giving public notice or in other way informing the Shipper.
9. No Encumbrance
Shipper hereby agrees that a breach of the Contract by Carrier shall not create any lien or encumbrance on any vessel or other equipment owned, operated, leased or chartered by Carrier, its affiliates or its contracting parties. Shipper further hereby expressly and irrevocable waives any right it may have in law, equity, admiralty or otherwise to arrest or otherwise detain any such vessel or other equipment.
Any provision hereof which is prohibited or unenforceable in any jurisdiction shall not invalidate or render unenforceable any other provision of this Contract.
11. Law and Jurisdiction
The Contract shall be governed by and construed in accordance with English law and all disputes arising hereunder shall be determined by the English High Court of Justice in London to the exclusion of the jurisdiction of the courts of another country. Alternatively and at the Carrier’s sole option, the Carrier may commence proceedings against the Merchant at a competent court of a place of business of the Merchant.
An explanation of abbreviations used by the Carrier in the Rate Sheet is available from the Carrier upon request.