Export FCL General Terms and Conditions
GENERAL TERMS & CONDITIONS
Export FCL Shipping Services
This document sets out the standard commercial and operational terms applicable to export FCL shipments handled by SILK, unless otherwise agreed in writing.
1. Scope of Service
The quoted service covers export FCL freight forwarding from the agreed origin point to the agreed destination port, subject to equipment availability, carrier acceptance, customs requirements, port regulations and operational feasibility. Services may include empty container release coordination, container positioning, export customs coordination, terminal handling coordination, ocean freight arrangement, documentation handling, bill of lading support and final delivery only where specifically quoted.
2. Quotation Validity
All rates are valid only for the period stated in the quotation. If no validity is mentioned, rates shall be considered valid for 7 calendar days only and remain subject to carrier confirmation, vessel availability, equipment availability, currency fluctuation, bunker adjustment, peak season surcharge, general rate increase and any change in local, origin, transit or destination charges.
3. Rate Basis
FCL freight charges shall be calculated per container based on container type, size, commodity, weight, routing, port pair and carrier acceptance. Quoted rates apply only to the container type and cargo details stated in the quotation. Any change in container size, gross weight, commodity, port of loading, port of discharge, routing, cargo readiness date or service scope may result in revised charges.
4. Equipment Availability
Container supply is always subject to carrier equipment availability at the time of booking and empty release. SILK shall not be liable for shortage of containers, non-availability of specific equipment types, carrier allocation restrictions, depot delays, empty container rejection, or any delay caused by circumstances beyond SILK’s direct control.
5. Booking Confirmation
Bookings are subject to carrier confirmation, vessel space, equipment availability, cargo acceptance and compliance with cut-off requirements. A booking request shall not be considered confirmed until carrier booking confirmation has been received and shared. SILK reserves the right to amend routing, vessel, carrier or sailing subject to operational requirements and carrier instructions.
6. Cargo Acceptance
Cargo acceptance is subject to proper packing, stuffing suitability, accurate cargo description, verified gross mass availability, carrier acceptance, customs compliance, port acceptance and destination regulatory requirements. SILK reserves the right to reject cargo that is improperly packed, misdeclared, restricted, prohibited, unsafe, overweight, damaged, leaking, odor-emitting, temperature-sensitive without proper equipment, or unsuitable for ocean transport.
7. Container Stuffing and Load Securing
The shipper is fully responsible for proper stuffing, lashing, bracing, blocking, weight distribution, cargo securing and compliance with container loading limits unless stuffing is specifically performed by SILK and agreed in writing. Cargo must be loaded in a manner suitable for sea transport and must not exceed container payload, road weight limits, axle load limits, port limits or carrier restrictions. SILK shall not be liable for cargo damage, container damage, fines, rework, rejection or claims caused by improper stuffing or poor load securing by the shipper or its appointed party.
8. Container Condition
The shipper must inspect the empty container before stuffing and ensure it is clean, dry, odor-free, suitable for the intended cargo and free from visible defects. Any container defect must be reported before loading. Acceptance and stuffing of the container by the shipper shall be considered confirmation that the container was accepted in suitable condition, unless a written exception was reported before stuffing.
9. Verified Gross Mass (VGM)
The shipper is responsible for providing accurate Verified Gross Mass in accordance with applicable SOLAS and port requirements before the advised VGM cut-off. Any delay, roll-over, penalty, shut-out, extra handling, weighing cost or additional charge resulting from missing, late or incorrect VGM shall be for the shipper’s account.
10. Documentation Requirements
The shipper must provide complete and accurate documents before the advised cut-off, including but not limited to commercial invoice, packing list, certificate of origin where required, HS code, export declaration details, shipper/consignee/notify party details, container and seal details, VGM, product certificates, permits, approvals, MSDS for chemical or DG-related cargo and any documents required by origin, transit or destination authorities. Any delay, penalty, storage, customs issue, rejection, amendment or additional cost caused by incorrect or incomplete documents shall be for the shipper’s account.
11. Customs Compliance
The shipper is responsible for the accuracy of cargo description, HS code, invoice value, country of origin, export eligibility, permits, licenses and all customs declarations. SILK may assist in customs coordination but shall not be responsible for penalties, delays, inspections, fines, confiscation, seizure or rejection caused by incorrect declaration, missing permits, restricted goods, undervaluation, wrong HS code or regulatory non-compliance.
12. Dangerous Goods and Restricted Cargo
Dangerous goods, chemicals, batteries, liquids, foodstuff, cosmetics, medicines, military items, dual-use goods, temperature-sensitive cargo, high-value cargo and restricted commodities must be declared in advance. Acceptance is subject to prior written approval, MSDS review, dangerous goods declaration, carrier acceptance, port acceptance, regulatory approval and special handling conditions. Failure to declare restricted or dangerous cargo shall make the shipper fully liable for all losses, damages, fines, penalties, disposal costs, claims and third-party liabilities.
13. Cargo Cut-Off and Port Cut-Off
Cargo, container gate-in, customs clearance, shipping instructions, VGM and documents must be completed before the advised carrier and port cut-offs. Failure to meet any cut-off may result in roll-over to the next available sailing, shut-out, additional storage, demurrage, detention, amendment charges, cancellation charges or revised freight rates.
14. Transit Time
All transit times, sailing dates and arrival dates are estimated and not guaranteed. Transit time may be affected by carrier schedule changes, blank sailings, port congestion, transshipment delays, customs inspection, weather, force majeure, vessel omission, roll-over, equipment issues or operational restrictions. SILK shall not be liable for delay unless a written guaranteed service has been specifically agreed.
15. Demurrage, Detention and Storage
Demurrage, detention, storage and related charges shall apply as per carrier, terminal, depot, port or local authority tariffs. The shipper and/or consignee shall be responsible for all such charges arising from late container pick-up, late gate-in, late return, customs delay, document delay, consignee delay, inspection, port congestion, missed vessel, roll-over, or any reason not directly caused by SILK’s proven negligence.
16. Free Time
Any free time mentioned in the quotation is subject to carrier confirmation and may vary by carrier, port, destination, equipment type and routing. Free time is not guaranteed unless confirmed in writing by the carrier. Any change in carrier free time or tariff shall be passed to the shipper or consignee.
17. Insurance
Cargo insurance is not included unless specifically requested and confirmed in writing. The shipper is strongly advised to arrange marine cargo insurance covering all risks from origin to final destination. In the absence of insurance, cargo moves at the shipper’s own risk, subject to the applicable limits of liability under the freight forwarder, carrier, terminal, depot and international transport terms.
18. Liability
SILK acts as an agent unless otherwise expressly agreed in writing. Liability shall be limited in accordance with the applicable bill of lading terms, carrier conditions, terminal terms, depot terms, international conventions and local laws. SILK shall not be liable for indirect or consequential losses, loss of profit, market loss, delay-related claims, customs penalties, cargo deterioration due to inherent nature, poor packing, improper stuffing, misdeclaration, force majeure, carrier or port operational delays, or acts/omissions of third parties beyond its direct control.
19. Destination Charges
Destination charges are not included unless clearly stated in the quotation. The consignee or shipper shall be responsible for all destination charges including destination terminal handling, delivery order fees, port charges, customs clearance charges, duties and taxes, demurrage, detention, storage, documentation fees, inspection charges, container cleaning, container repair if applicable and final delivery charges.
20. Duties and Taxes
All customs duties, VAT, taxes, government fees, inspection charges, permits and destination regulatory charges are for the account of the shipper or consignee unless otherwise agreed in writing.
21. Payment Terms
Payment terms shall be as agreed in the quotation or service agreement. Unless credit terms are approved in writing, all charges must be paid before release of documents, delivery order, cargo release, container release, or shipment execution. SILK reserves the right to hold cargo, documents, booking instructions, release instructions or delivery order until all outstanding amounts are settled.
22. Additional Charges
Any additional charges arising due to circumstances beyond the original quotation shall be charged to the shipper or consignee, including customs inspection, port storage, demurrage, detention, roll-over, amendment fees, cancellation fees, re-booking, re-nomination, weighing, re-stuffing, re-sealing, container cleaning, container repair, special handling, waiting time, port congestion surcharge, fuel surcharge, war risk surcharge, emergency surcharge and destination local charges.
23. Container Seal
The shipper is responsible for ensuring the container is sealed with a proper high-security seal after stuffing and that the seal number is correctly reflected in all shipping documents. Any discrepancy in seal number, missing seal, broken seal, customs seal, re-sealing requirement, or related delay/cost shall be for the shipper’s account unless caused by SILK’s proven negligence.
24. Cancellation and Roll-Over
Cancellation after booking confirmation may be subject to cancellation charges, carrier fees, equipment charges, terminal charges, documentation fees or any cost already incurred. Cargo roll-over due to late delivery, missing documents, missed cut-off, carrier decision, customs inspection, port congestion or operational issues shall not make SILK liable for delay or loss.
25. Claims
Any claim for loss, shortage or damage must be submitted in writing immediately upon cargo receipt and supported by required documents, including bill of lading, commercial invoice, packing list, photos of damage, survey report where applicable, delivery receipt with remarks, claim amount calculation and insurance details where applicable. Clean receipt of cargo without remarks may limit or invalidate any claim.
26. Prohibited Cargo
The shipper shall not tender prohibited, illegal, sanctioned, counterfeit, undeclared, misdeclared or restricted goods. The shipper shall be fully responsible for any consequences arising from shipment of such cargo, including fines, penalties, seizure, disposal, delay, storage, legal claims or third-party liabilities.
27. Force Majeure
SILK shall not be liable for failure, delay, additional cost or non-performance caused by events beyond its reasonable control, including war, strikes, port closure, vessel delay, weather conditions, natural disasters, government restrictions, customs actions, pandemic-related restrictions, carrier schedule changes, blank sailings, equipment shortage, cyber incidents, civil unrest or force majeure declared by carriers, ports or authorities.
28. Sanctions and Compliance
The shipper confirms that the cargo, shipper, consignee, notify party, end-user, vessel, routing and destination are not subject to any applicable sanctions, restrictions, embargoes or trade control prohibitions. SILK reserves the right to reject, suspend or cancel any shipment that may violate sanctions, export control laws or compliance requirements.
29. Governing Law and Jurisdiction
Unless otherwise agreed in writing, these terms shall be governed by the laws of the Kingdom of Saudi Arabia. Any dispute shall be subject to the competent courts or authorities in the Kingdom of Saudi Arabia, unless another jurisdiction or arbitration mechanism is agreed in writing.
30. Acceptance of Terms
By confirming the booking, releasing the container, delivering the cargo, submitting shipping instructions or instructing SILK to proceed with the shipment, the shipper confirms acceptance of these General Terms & Conditions.
Suggested Closing Statement for Quotation
All services are subject to the above General Terms & Conditions, carrier terms, port regulations, customs requirements, equipment availability and actual cargo acceptance. Rates are subject to final confirmation at the time of booking and may change based on container size, commodity, gross weight, routing, vessel, carrier acceptance and applicable surcharges.