Conditions générales des devis eZ

Purpose and Applicability: These terms and conditions herein apply specifically to the spot booking services (“Spot Services”) provided by ZIM Integrated Shipping Services Ltd (hereinafter referred to as “ZIM”) in connection with the booking of Goods/cargo transportation by ZIM via the eZ Quote online platform.

1. A Client shall register to eZ Quote subject to the Terms and Conditions for ZIM Online Registration and Booking (eZim) (“General Terms and Conditions”) which can be found at https://www.zim.com/help/terms-and-conditions-for-zim-online-registration-and-booking. In an event of a conflict between the General Terms and Conditions and eZ Quote Terms and Conditions, the latter shall prevail.
2. Transportation services and/or rates offered via eZ Quote are independent of, neither affect or are affected by, supersede, and/or replace services and rates set forth in Service Contracts or any other agreement between ZIM and any Customer.

3. Definitions:

Spot Booking Request: a request from a Client for the provision of any Spot Service(s) by the Carrier (including the ZEX Service Booking Requests), including without limitation the request for transportation schedules, delivery/shipping specifics and/or requirements.
Booking Confirmation: positive or negative confirmation of the Spot Booking Request, including the designated Departure date (“DDD”). With respect to ZEX Service Booking Requests, the Booking Confirmation will also confirm the Guaranteed Delivery Date.

Force Majeure Event: for the purpose of these terms and conditions shall mean an exceptional event or circumstance (i) which is beyond a Party’s reasonable control, (ii) which such Party could not reasonably have provided against before entering into a contract with the Carrier or any third party on its behalf or, vice versa, (iii) which once occurred, such Party could not have reasonably avoided or overcome and (iv) which is not substantially attributable to the other Party. A force Majeure Event may include the events listed below so long as conditions (i)-(iv) above are satisfied: natural catastrophes such as: earthquakes, hurricane, typhoon, volcanic activity, national epidemic or pandemic, war, civil commotion, strike, boycott, embargo, riot, lockout, terrorism or sabotage, political ban, port congestion which is anticipated to cause delay of more than 72 hour, civil unrests, commercial stoppages, etc.

Guaranteed Delivery Date: a specific delivery date on which Carrier guarantees that the Merchant’s (as defined below) shipment shall be made available at the port of destination identified on the Bill of Lading.

Party: shall mean either the Client, Merchant, or the Carrier.

Port Omission: shall mean the omission of a scheduled call at a respective port whether due to operational reasons or for any other reason, whether anticipated or not.

Spot Services: shall mean cargo transportation services (whether by land or by sea) intended for a specific ship with a specific departure date from the port of origin, which may include the loading or unloading of cargo, packing or stuffing of cargo in containers, container leasing services, documentation issuance services (e.g. bill of lading, packing lists etc.), customs clearance services and any other manifested services provided by the Carrier or any third party on its behalf.

Spot Rates: shall mean the total rates (including all rates, charges, surcharges, etc.) applied to a Spot Booking Request, excluding local charges, as described below.

eZQuote: shall mean a digital platform operated by ZIM or any other third party on ZIM’s behalf, for the purpose of providing Clients and Customers with Carrier Information relating to spot bookings, Spot Services (including Spot Services for the ZEX Service/line), or other proprietary information.

ZEX Service/ Line: shall mean any ZIM E-Commerce Express Service (including without limitation ZX2 and any additional ZX* line initiated in due course), routed through Asian ports serviced by this line, with specific final destinations in the U.S. and a Guaranteed Delivery Date.

4. Conditions for Spot Booking Confirmation
a. Once a Spot Booking Request has been submitted to the Carrier or any third party on its behalf, subject to ship availability, the Client will receive a Booking Confirmation which shall include the specific DDD - date, ship and hour of departure from the point of origin.
b. The cargo approved for shipping and to which the Spot Rates shall apply (as applicable), shall be specified in the booking confirmation and subject to the conditions set out in Section 5 below.
c. In the event of cargo to be shipped to or from the US, a service agreement in the form as appears in Appendix A attached hereto shall be filed with the FMC, by the Carrier, on behalf of the Client, in accordance with the applicable laws and regulations in respect thereto.
d.Spot Booking for ZEX Services: Notwithstanding anything to the contrary hereinabove, cargo for ZEX Service must be identified as such at the time of Booking.
e. Once a Booking Confirmation has been issued, the Client shall be deemed a “Merchant”.

5. Conditions for Spot Rate price guarantee:
a. The rates for Spot Services are published on www.ezquote.zim.com and updated on a regular basis.
b. Spot Rates are guaranteed and not subject to change subject to the following conditions: (i) container and/or space availability, (ii) Booking Confirmation is received and (iii) shipping instructions are uploaded in strict accordance with the Booking Confirmation specifics. Any deviation in the shipping instructions from the information submitted in the Booking Request and confirmed in the Booking Confirmation may incur additional charges
c. Rates and terms offered through eZ Quote for Spot Services, may differ from the general rates and/or terms offered by the Carrier for the same type of trade or shipping route when booking through an agent, a ZIM representative or through any other online platform.
d. For the sake of clarification, the Spot Rates obtained through eZ Quote, are valid strictly under the terms and conditions set for herein and are not subject to any contractual agreement between the Client and the Carrier or any third party on its behalf .
e. The Spot Rates shall apply only to: dry non-hazardous cargo types and/or non-hazardous reefer cargo (“Standard Cargo”) and do not apply to other cargo types including without limitation: (i) high value commodity (above USD 350,000 per container), dangerous goods cargo in 40’RH, cold treatment and or controlled atmosphere reefers cargo, (ii) special cargo, (iii) non-dry or (iv) hazardous cargo.
f. Standard Cargo shall bear the maximal weight as specified below. In the event the weight of the Goods or cargo delivered to the Carrier exceeds the maximal weight, the Merchant shall be charged with an overweight fee, per container (“Overweight Fee”), as follows:

Atlantic trade (N America to Med)

Asia (ZMP)

Intra Asia Trade :

ISC Service (ex.India)
ACS/CI3/CI4/MVS/NIX

IA Service (ex.China)
CTI/CTV/CVS/CVX/CP1/CJX

IA Service (ex.Thailand/Vietnam/Japan)
CTV/CVX/CVS/VMS/C2A/CLX /CJX

Oceania service (from Asia)
ZAX/ ZAO/ ZOX

Trans pacific Trade
<< to US, including the ZEX Service >>

<< to Canada >>

Intra America (CCS service)

North America to Latam (services ZGT,ZCX, CFX)

g. With respect to the ZEX Service the following additional conditions must be complied with by the Client in order for the ZEX Service Carrier guarantees to become binding:
i. The cargo must be pre-cleared through U.S. Customs prior to vessel arrival at the port of discharge;
ii. Freight and other charges must be pre-paid prior to the arrival at the point of discharge or, credit must be established with the Carrier, by the responsible party in advance;
iii. The entire shipment and all required documentation (including Original Bills of Lading), must be tendered to the Carrier at the Carrier’s appointed terminal facility at the port of discharge prior to the last ‘gate-in’ time schedule for the vessel booked by the Client;
h. Except as otherwise provided herein, Spot Rates shall not include respective local charges. Such local charges may include, without limitation, documentation fees, land transportation, demurrage, detention, etc. These charges are determined per country and may be found at https://www.zim.com/tools/local-charges and at https://www.zim.com/tools/demurrage-detention-tariff
Notwithstanding the aforementioned, Clients using eZ Quote may be entitled to a certain number of demurrage-free days, depending on the Trade, as follows:
* CRS trade, ISC service to East Med and North Europe – 10 free days

* Oceania trade, exports from New Zealand and Australia to all Far East destinations – 14 free days at POD(split or combined as per local practice). 14 free days (export detention) at POL.

* Trans-Tasman trade (trade in between Australia and New Zealand) –14 free days(export detention) at POL, 14 free days at POD.

6. Merchant (Client) Commitments Covenant and Warranties:
a. The Merchant Undertakes to deliver the Goods strictly in accordance with the Booking Confirmation specifics.
b. The Merchant is responsible for and warrants its compliance with all applicable laws, rules, and regulations including but not limited to customs laws, import and export laws and governmental regulation of any country to, from, through or over which any shipment may be carried. The Merchant agrees to furnish such information and complete and furnish the Company with such documents (including without limitation any special licenses or permits required for the transportation, exportation, importation of handling of goods) as are necessary to comply with such laws, rules and regulations. The Company assumes no liability to the Merchant or to any other person for any loss or expense (including without limitation any fined or penalties) due to the failure of the Merchant to comply with the provisions of this Clause 5(b).
c. The Merchant and any individual or entity acting on its behalf, in requesting or booking shipments or other services, warrant that such person or entity is duly authorized to act on Merchant’s behalf and to legally bind it. The Merchant assumes full responsibility for any such person or entity and shall have no claim or demand to or from the Company with respect thereto.
d. Merchant represents and warrants to the Company as follows: (a) all items or goods to be shipped will be completely and accurately marked to enable identification of the contents without opening any shipping or storage containers; (b) no items or goods to be shipped shall be deemed illegal under any local or international law or regulation or, may be used in connection with any nuclear, chemical or biological warfare; (c) Merchant will make every effort to accurately measure the dimensions and weights of all items and understands that the Company rate depends, inter alia, upon the accuracy of this information (d) Merchant’s authorized representative(s) shall be identified to Company’s agent or coordinator and shall be available at all times at the point of origination to sign, and shall sign, all documents evidencing pick-up of the items to be shipped by the Company; and (e) Merchant is the legally documented owner of all goods received by the Company or is authorized to cause such goods to be stored, shipped and otherwise controlled by Company as provided in the applicable shipping documentation.
e. In the event the Merchant:
i. Requests to amend the booking in any way, then subject to space availability, the Spot Rates shall be re-issued and the Merchant shall be charged with a booking modification fee (“Amendment Fee”);
ii. Cancels the shipment of the designated Goods in whole or in part after a Spot Booking Request has been submitted by it to the Carrier or anyone on its behalf, the Merchant shall be charged with a cancellation fee (“Cancellation Fee”);
iii. Fails to provide the Carrier with a cancellation notice or, fails to deliver the Goods for shipment in whole or in part for any reason (including not complying with the ‘gate in’ timeframes), then the Merchant shall be charged with a no-show fee (“No-Show Fee”).
iv. With respect to the ZEX Service: In the event the Merchant requests to amend the booking in any way (subject to space availability), cancels the shipment in whole or in part for any reason, fails to provide the Carrier with a cancellation notice or, fails to deliver the Goods in whole or in part for any reason (including not complying with the ‘gate in’ timeframes), then the Merchant shall be charged with a ZEX modification Fee (“ZEX Modification Fee”).
f. The applicable Amendment, Cancellation, and/or No-Show Fees, per container, are as follows:

i. 

ii.
 

iii.

7. Carrier Commitments:
a. The Carrier shall comply with the shipping details as specified in the Booking Confirmation, provided that (i) the goods to be shipped are fully compliant with the cargo declarations in the Spot Booking Request and (ii) the designated vessel calls at the port of origin desired by the Merchant and/or departs on the DDD.
b. In the event the designated vessel is delayed for any reason, the Merchant’s Goods shall be loaded on the next available ship or dispatched at the earliest opportunity, subject to a written notification to the Merchant.
c. In the event the Goods are not compliant with the information provided in the Spot Booking Request, either with respect to description, content or weight, Carrier in its sole discretion may refuse to load and/or ship the Goods and/or apply an Overweight Fee. In any case, in the event the weight of the cargo delivered to the port exceeds the maximal capacity of the respective container, Carrier shall be exempt from any obligation to accept and/or ship said cargo and Merchant shall remove cargo from the port, depot or respective container storage area at its sole cost and/or expense. In such event, Merchant shall not be entitled to any compensation or fee whatsoever from the Carrier or anyone on its behalf.
d. Except for Goods designate to be shipped via ZEX Services in the event Goods are not shipped by the Carrier within 3 (three) days from the DDD for reasons within the Carrier’s reasonable control, the Carrier shall pay the Merchant compensation, per container not shipped, (“Compensation Fee”), and in the amounts that appear in Clause 6f above, subject to the submission of a Compensation Fee claim to the Carrier within 75 (seventy five) calendar days from the DDD and subject to the terms of sub-clause 7(f) below. For the sake of clarification and the avoidance of doubt, no Compensation shall be due, in the event of a Port Omission, upon the occurrence of a Force Majeure Event or, in the event a vessel departure or voyage as a whole, was cancelled, for any reason.
e. Notwithstanding anything to the contrary herein, the Merchant shall not be entitled for compensation by way of a Compensation Fee in the event of any default, act or omission of the Merchant or any third Party on its behalf, including without limitation: (i) partial provision or non-provision of required documents, (ii) false declarations (including non-compliance with container weight limitations or cargo restrictions), (iii) late gate-in of Goods at the Port, or (iv) if the payment for the specific Spot Booking was not effected in full before DDD.
f. Notwithstanding anything to contrary herein, no compensation of any kind shall be due to the Merchant in the event the Carrier fails to ship the Goods in whole or in part on the DDD or within 3 (three) days therefrom and/or fails to deliver the Goods on the Guaranteed Delivery Date, due to a Force Majeure event or due to operational reasons beyond the reasonable control of the Carrier.

8. Payment of Penalties and Shipping Charges and Fees
a. Carrier in its sole discretion may designate a third party to handle collections on its behalf and Merchant hereby acknowledges and agrees, that in such event and subject to a written notification issued by Carrier to Merchant, Merchant shall execute all payments due to Carrier to its designated third party collector.
b. Merchant hereby undertakes that in the event it shall be charged with an Amendment Fee, a Cancellation Fee, a No-Show Fee, or ZEX Modification Fee, the payment of such charges to the Carrier shall be within 15 (fifteen) days from the issuance of a respective invoice by the Carrier or any third party on its behalf, unless an alternative payment date is agreed in writing between Merchant and Carrier (“Payment Due Date”). Any delay in payment of any of said penalties beyond an period of 7 (seven) days of the date any such payment is due, shall incur an interest in an amount of 5% per annum, which shall be calculated from the Payment Due Date to the date the respective fee was actually paid.
c. The Carrier hereby undertakes to pay to the Merchant any Compensation Fee due to said Merchant, within 30 (thirty) days from the date such fee is established or from the date required proof is provided (as applicable), upon the later thereof, unless it is agreed in writing between the Carrier and the Merchant the such fee shall be set off against charges and fees to be paid by the Merchant to the Carrier in connection with the Spot Services provided by the Carrier. Proof relating to the DDD and times shall be provided to the Carrier within 30 days from the original guaranteed delivery date.
d. Merchant shall pay any fees or charges other than the ones mentioned in Clause 6 above, applicable to the Spot Services, within the timeframes and in the amounts specified when a Spot Booking is made, or as otherwise advised by or agreed with the Carrier, without any set-off or deduction.
e. For the sake of clarification and the avoidance of doubt, regardless of any payment assignment requested by the Merchant, the Merchant shall remain fully liable and responsible for any Booking related payment obligations.

9. Force Majeure
In the event a party is or will be prevented from performing its obligations hereunder due to a Force Majeure Event, such Party shall be excused from the performance of the respective obligations that cannot be fulfilled for so long as the Force Majeure Event prevents it from performing said obligations provided that (i) the other Party was notified as soon as possible of the occurrence of any Force Majeure Event and no later than 3 (three) days following such occurrence, (ii) the notifying Party has taken and will take all measures to prevent, restrict or minimize any delays in the fulfillment of the contractual obligations and/or any loss or damage due to such Force Majeure Event and (iii) the notifying Party provides all related information reasonably requested by the other Party. If the Force Majeure Event so notified by the affected Party shall continue for a period of more than 7 consecutive days, it shall entitle either Party to cancel the Spot Booking with immediate effect and without penalties.

10. Miscellaneous
a. Upon accepting a Booking Confirmation for a Spot Booking Request, you hereby confirm that you have read and that you agree with the General Terms and Conditions for ZIM Online Registration and Booking which can be found at https://www.zim.com/help/terms-and-conditions-for-zim-online-registration-and-booking and the respective terms of carriage found at: https://www.zim.com/help/bl-terms-and-conditions. These Terms and Conditions shall co-exist the Carrier’s policies and conditions of carriage and shall amend or supplement the relevant parts of each document, as the case may be.
b. Any provisions relating to the contractual relationship between the Client or Merchant (as the case may be) and the Carrier not covered by these eZ Quote Terms and Conditions, shall be covered by the General Terms and Conditions.
c. These Terms and Conditions prevail over and supersede any prior agreements, communications and representations with respect to the Spot Services and ZEX Services.
d. ZIM may at its sole discretion and at any time amend, modify or replace these Terms and Conditions without prior notice. You are expected to periodically check these Terms and Conditions and take note of changes that affect You.
e. In the event any provision of these Terms and Conditions shall become void, illegal or unenforceable, such provision shall be modified so as to make it valid and enforceable. In any event, each of the provisions in the Terms and Conditions shall be deemed severable so as not to affect the remainder in any way.
f. By registering to the EZQUOTE service you hereby provide your consent,that unless you expressly requested otherwise, ZIM may contact you in connection with this service and/or additional services that may be relevant to you. For ZIM’s data protection policy, please click here - Data Protection Policy | ZIM.

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APPENDIX A
Service Contract

Service Contract No.            ZSxxxxxx                                                    CUCC: xxxxxx
Organization No.                   019210                                                                       Essential Terms No.          ZIMU-151
FMC File No.                           xxxxxx

This Service Contract (“Contract”) is entered into between ZIM Integrated Shipping Services, Ltd. (referred to as “Carrier”) and Merchant Name (“Merchant”) for services available under Carrier’s eZ Quote program; the parties hereby mutually agree to the rates, terms and related conditions set forth at Carrier’s eZ Quote webpage https://www.zim.com/help/terms-and-conditions-for-ez-quote. In witness whereof, the parties have executed this Contract through their duly authorized representatives as of the date(s) set forth below.

Merchant certifies its status as Beneficial Owner of the Cargo/ Non-Vessel Operating Common Carrier (FMC No.___)/ Other (Specify) ______________ [ Fill in as applicable] in accordance with 46 C.F.R. §530.6.

GOVERNING TARIFFS.  Cargo moving under this Contract shall be subject to all charges, rules and conditions as are published in and effective under the relevant and applicable governing Tariff(s) in effect on the date the cargo is received for shipment by the Carrier or its designated agent.  Shipments tendered and carried under this Contract shall also be subject to the provisions of Carrier’s Bill of Lading presently on file with the (U.S.) Federal Maritime Commission. 

TERM.  This Contract shall be effective for a period of one (1) year from the date of execution by Merchant. 

SCOPE.  This contract covers shipments tendered by Merchant for transport from Origins and / or loading ports to Destinations and / or delivery ports and for those Commodities identified in Annex 1 attached hereto. 

MINIMUM QUANTITY COMMITMENT. Merchant agrees to tender a minimum of                       TEU of cargo to Carrier for shipment hereunder; Carrier agrees to make available vessel capacity adequate to carry said minimum quantity.
NOTE:  Merchant acknowledges that the cargo moving under this Contract shall be credited only against the foregoing MQC, whether or not Merchant holds another Service Contract with Carrier.

INCORPORATION OF TERMS. The Terms and Conditions for eZ Quote, published at https://www.zim.com/help/terms-and-conditions-for-ez-quote and agreed to by Merchant in a separate instrument, are incorporated into and constitute a part of this agreement. 

                                                                                                                                                                           
ZIM Integrated Shipping Services Ltd.                             [Merchant Name]
[Authorized Signatory / Title]                                               [Authorized Signatory / Title]
Date:                                                                                            Date:

Annex 1
ORIGINS / DESTINATIONS / COMMODITIES / FREIGHT RATES