Sea Freight Conditions

NOTICE ON MARKET CONDITIONS & ADDITIONAL CHARGES
  • Rates & Schedules: Subject to change at any time due to high market volatility.
  • Transit Times: Any transit times, schedules or delivery estimates are provided for information purposes only and do not constitute a contractual commitment.
  • Routing: Routing remains at the discretion of carriers and service providers. SMINLO cannot guarantee any particular routing and shall not be liable for any consequences arising from carrier route selection or route changes.
  • Force Majeure: SMINLO shall not be liable for any delay, loss, damage or failure to perform resulting from events beyond its reasonable control, including but not limited to natural disasters, war, strikes, port closures, epidemics, pandemics, governmental actions, embargoes or other force majeure events.
  • Availability: All rates are subject to equipment, space, trucker, chassis and trucking capacity availability.
  • Operational Risks: Subject to carrier restrictions, fuel/electricity surcharges, port/terminal congestions, and other market conditions. Ocean freight rates are subject to carrier reconfirmation at the time of booking.
  • Unforeseen Surcharges: Any emergency surcharges, peak season surcharges (PSS), congestion surcharges, war risk surcharges, security surcharges, or any other charges imposed by carriers, terminals, or governmental authorities after the quotation date shall be charged additionally.
  • Operational Costs: Any demurrage, detention, storage, port storage, terminal handling (THC), customs inspection costs, container cleaning charges, overweight surcharges, and other charges arising during transport shall be the sole responsibility of the shipment owner. These are payable by the Customer regardless of whether invoiced directly to SMINLO or by a third party.
  • Transport Instructions: Any change of consignee, delivery location, customs instructions, transport mode or routing requested after booking confirmation may result in additional charges payable by the Customer.
COMMERCIAL & PRICING TERMS
  • VAT: Price quotation does not include VAT.
  • Validity: Quotation validity is based strictly on the vessel’s on-board date.
  • Weight Declaration: The cargo weight stated in this quotation is based on the information provided by the Customer. Customers acknowledge that the total transport weight may exceed the declared cargo weight due to the tare weight (empty weight) of the container supplied by the carrier. Depending on the container type and equipment, the tare weight may increase the total transport weight by several tonnes. For operational, road, rail, terminal and carrier purposes, restrictions, routing options and additional charges may be assessed based on the actual gross transport weight (cargo weight plus container tare weight). The Customer remains solely responsible for the accuracy of the declared cargo weight.
  • Verified Gross Mass (VGM): The Customer is solely responsible for the accuracy of any VGM (Verified Gross Mass) information provided. Any costs, penalties, delays, damages or liabilities arising from incorrect, incomplete or inaccurate VGM declarations shall be borne entirely by the Customer.
  • Currency Fluctuations: USD or other foreign currency-denominated items will be converted using the exchange rate valid on the day of loading/unloading and/or vessel departure/arrival. In case of exchange rate fluctuations exceeding 3%, SMINLO reserves the right to adjust the quotation accordingly.
  • Rate Adjustments: We reserve the right to recalculate the quotation based on actual carrier rates and conditions applicable on the day of loading/unloading and/or vessel departure/arrival.
  • Order Cancellation: In the event of cancellation of a confirmed transport booking by the Customer, SMINLO shall be entitled to charge a cancellation fee amounting to 100% of the agreed freight together with all demonstrably incurred ancillary costs. The above shall not apply if otherwise agreed in writing between the parties.
PRICE QUOTATION INCLUDES
  • Transport from the specified place of pick-up to the specified place of delivery.
  • Free time for loading/unloading (including customs clearance waiting time) up to 3 hours. Thereafter, waiting charges from EUR 40 to EUR 70 for each commenced hour will apply, depending on shipping line conditions and evidenced by the carrier’s invoice.
PRICE QUOTATION DOES NOT INCLUDE (unless otherwise specified)
  • Cargo Insurance: Insurance of goods against all risks is excluded. We strongly recommend arranging commercial cargo insurance, which SMINLO can provide upon request.
  • Duties & Taxes: Customs duties, taxes and customs guarantees.
  • Third-Party Fees: Customs inspections, storage, demurrage, detention, port/terminal storage and other charges not directly caused by SMINLO.
  • Courier Fees: Administrative and courier fees for physical document delivery.
  • Customer Errors: Any additional costs arising from inaccurate, incomplete or late information provided by the Customer.
DOCUMENT RELEASE & CARGO CONTROL NOTICE
  • Transport Modes: Unless otherwise agreed in writing, shipments may be transported under Sea Waybill (SWB) or Original Bill of Lading (OBL).
  • Sea Waybill (SWB) Risk: The Customer acknowledges that cargo transported under SWB may be released to the named Consignee without presentation of any original Bill of Lading. In such cases, neither the Carrier nor SMINLO can guarantee cargo retention for non-payment of goods, freight, or any other outstanding amounts.
  • Original Bill of Lading (OBL): Customers requiring strict cargo control and release conditional upon payment must explicitly request OBL mode in writing before booking confirmation. Additional administrative, courier, carrier and documentation costs may apply.
  • Stop-Delivery / Hold Orders: Any instructions to hold, stop or suspend the release of cargo must be given in writing, explicitly and in reasonable due time prior to vessel arrival. SMINLO bears no liability for cargo released due to late, ambiguous or unconfirmed hold requests.
  • Undeliverable Cargo: If delivery cannot be completed, the consignee refuses the cargo, or delivery instructions cannot be executed, SMINLO may arrange storage, return transport, disposal or other reasonable measures at the Customer’s risk and expense.
CUSTOMER RESPONSIBILITY & COMPLIANCE
    • Data Accuracy: The Customer is fully responsible for the accuracy and completeness of all provided data, including cargo description, weight, dimensions, package count, dangerous goods (IMDG) declarations, HS codes and origin/destination details. All penalties, costs and liabilities arising from incorrect or incomplete information shall be borne solely by the Customer.
    • Cargo Ownership & Acceptance: The Customer confirms that the goods are not subject to ownership disputes, commercial disputes, pending claims or any circumstances that could prevent delivery, customs clearance or acceptance by the consignee. Any costs arising from such circumstances shall be borne entirely by the Customer.
Sanctions Compliance: The Customer confirms that neither the cargo nor any involved party is subject to applicable sanctions, embargoes, export control restrictions or trade prohibitions. Any costs, delays, penalties or losses resulting from sanctions-related issues shall be borne entirely by the Customer. PAYMENT SECURITY & RIGHT OF LIEN
  • Service Suspension: SMINLO reserves the right to suspend transportation services, customs services, release of transport documents, issuance of delivery instructions or any other services in case of overdue invoices, exceeded credit limits or reasonable concerns regarding the Customer’s financial solvency.
  • Invoice Disputes: Any objection regarding an invoice must be submitted in writing within 14 days of receipt. Otherwise the invoice shall be deemed accepted.
  • General Lien: SMINLO shall have a general lien on all cargo, documents and funds under its control for all amounts due from the Customer, whether arising from the particular shipment or from any other previous or current business relationship between the parties.
  • Payment Allocation: The Customer agrees that payments received may be allocated by SMINLO at its sole discretion against any outstanding invoices, debit notes, interest, fees or any other amounts due from the Customer.
LEGAL FRAMEWORK
  • Forwarder Status: SMINLO acts solely as a freight forwarder unless otherwise agreed in writing.
  • General Conditions: All services are provided exclusively in accordance with the General Freight Forwarder’s Conditions of the Association of Logistics and Freight Forwarding of the Slovak Republic (VZP ZLZ SR).