R.P.A.PORT LTD TERMS AND CONDTIONS

References:

Kindly use our quotation reference number in all correspondences.

Packing requirements:

It’s the shippers responsibility to make sure all cargo has been packed seaworthy /airworthy and properly marked. Furthermore, all material used for packing should apply to the ISPM-15 regulations. Any claim as a result of non-conformity with the above regulations will be for the account of the shipper. If you require any additional information regarding the ISPM-15 regulations, please visit the website: www.ispm15.com.

Trucking:

Sea freight FCL – R.P.A.PORT LTD will provide regular container truck by its subcontractor for live load. Client premises should be accessible for said truck. Loading / offloading will be done by the client (seller/shipper/buyer/consignee) within 2 hours. Prior to loading / releasing empty back, client is responsible to inspect the container floor, walls, hinges, locking, sealing and general condition and in case container is found not seaworthy, client should immediately report by sending pictures to R.P.A.PORT LTD staff. After offloading, client is responsible to inspect the container floor, walls, hinges, locking, sealing and general condition and in case container is found not suitable, client should immediately report by sending pictures to R.P.A.PORT LTD staff.   

Sea freight L.C.L – R.P.A.PORT LTD will provide regular L.C.L truck by its subcontractor (either tent or boxed truck) for live load. In case necessary and upon request by the client, hydraulic ramp can be provided by request prior to pick up/delivery. Client premises should be accessible for said truck. Loading / offloading will be done by the client (seller/shipper/buyer/consignee) within 1 hour.

Airfreight – R.P.A.PORT LTD will provide regular truck by its subcontractor (either tent or boxed truck) for live load. In case necessary and upon request by the client, hydraulic ramp can be provided by request prior to pick up/delivery. Client premises should be accessible for said truck. Loading / offloading will be done by the client (seller/shipper/buyer/consignee) within 1 hour.

For all land transportation  – dangerous cargo, special equipment, crane, lashing, bracing, securing, certification, Out Of Gauge, refrigerated, heavy,  drop and pick up and any other special needs and requirements are as per specific R.P.A.PORT LTD terms and conditions and quotations and not included in standard tariff.

Sea freight offers:

The offer as to sea carriage is valid for one month from the date of issuing it. If booking/ordering is made after a month, than, prior to booking / Ordering, kindly approach us in order to reconfirm and validate in writing the rates offered or obtain new rates. mentioned rates do not include V.A.T. possible taxes and duties, port fees, customs physical checks, inspection, special handling if required. Rates do not include storage, demurrage and destination fees. Surcharges may be altered without prior notice, according to carrier tariff. Rates subject to filling and space availability. Rates are subjected to surcharges applicable at time of shipment. Offer does not cover expenses caused by weather. Subjected to GRI changes. Rates are subject to currency changes.  Dose not includes return of empty containers unless indicated otherwise!  Unless otherwise clearly agreed in writing prior to booking, all quotations are cash not late than shipped on board date. Payments are done against invoices and any contractual and regulatory arrangements required for payments must be done by agent prior to booking. In case of any delay in payments, 8.5% dunning fee will be applied

All the above remarks are adding and not reducing from R.P.A.PORT LTD general terms and conditions as found on our below link and R.P.A.PORT LTD bill of lading

Airfreight offers:

The offer as to air carriage is valid only if upon booking/ordering we reconfirm the offer. mentioned rates do not include V.A.T. possible taxes and duties, port fees, customs physical checks, inspection, special handling if required. Rates do not include storage, demurrage and destination fees. Surcharges may be altered without prior notice, according to carrier tariff. Rates subject to filling and space availability. Rates are subjected to surcharges applicable at time of shipment. Offer does not cover expenses caused by weather. Subjected to GRI changes. Rates are subject to currency changes.  Dose not includes return of empty containers unless indicated otherwise!  Unless otherwise clearly agreed in writing prior to booking, all quotations are cash not late than shipped on board date. Payments are done against invoices and any contractual and regulatory arrangements required for payments must be done by agent prior to booking. In case of any delay in payments, 8.5% dunning fee will be applied

All the above remarks are adding and not reducing from R.P.A.PORT LTD general terms and conditions as found on our below link and R.P.A.PORT LTD bill of lading

Rates:

The rates offered are based on the information provided by the client, including as to handling information, dimensions, weights and any other additional relevant information. Should it transpire that the information given by you or any part thereof was not accurate and/or, in our sole discretion, not sufficient, the rates offered will be altered accordingly and we will also have the right to cancel the offer. Unless otherwise clearly indicated in the offer, all rates are covering only F.A.K. – Freight All Kind general cargo. 

Airfreight rate is calculated on the basis of actual weight or volume weight (i.e. Width x Length x Height in centimeters / 6000 = Volume Weight in kilograms per unit), whichever is the higher, between actual weight and volume weight).

Rates do not include V.A.T. possible taxes and duties, port fees, customs physical checks, inspection, special handling if required. Rates do not include storage, demurrage and destination fees. Surcharges may be altered without prior notice, according to carrier tariff. Rates subject to filling and space availability. Rates are subjected to surcharges applicable at time of shipment. Offer does not cover expenses caused by weather. Subjected to GRI changes. Rates are subject to currency changes.  Dose not includes return of empty containers unless indicated otherwise!   

Unless otherwise clearly agreed in writing prior to booking, all quotations are cash not late than shipped on board date. Payments are done against invoices and any contractual and regulatory arrangements required for payments must be done by agent /client prior to booking. In case of any delay in payments, 8.5% dunning fee will be applied

All the above remarks are adding and not reducing from R.P.A.PORT LTD general terms and conditions and company policy

R.P.A.PORT LTD Bill Of Lading:

When you receive a Bill of lading issued by us, the terms and conditions of the Bill of Lading will apply

Unless otherwise clearly stated, land transportation for LCL/Air freight is calculated as per defined chargeable rate (i.e. Width x Length x Height in centimeters / 3000 = Volume Weight in kilograms per unit). 

Insurance:

As customary in our company, and subject to the approval and conditions of the insurance company. For insurance purposes, insured sum will be defined as invoice amount +10%. Min premium for policy 55 Eur.

Self-participation of minimum 500usd. If you wish to get a nonbinding example of the insurance certificate, you can obtain it in our office.

In connection with former Soviet Union Countries, client will provide us, on his account, with a complete set of documents, translated into Russian, in addition to the complete set of documents in the English Language.

Booking:

Your booking / ordering will be regarded, for all purposes, as your agreement to the above terms and conditions.

R.P.A.PORT and/or its subsidiaries (hereinafter: “RPA”) regulations and signatory rights, no offer, agreement, concession or representation is binding on the RPA, unless accompanied by a duly signed separate document (or a scanned version thereof), affixed with the RPA seal.

General:

Unless otherwise clearly indicated, rates are subject to our General Rate Increase announcements. Rates do not include amount due in the course of granting our services, as taxes and/or any other obligatory payments and/or port fees and/or payments for customs physical checks, inspection, special handling if required and/or costs imposed at destination, which will be debited at cost plus our handling fee. Rates do not include storage and demurrage, which will be debited according to the rates customary in our company, which you can obtain from us, and are irrespective of rates of other companies. Surcharges may be imposed and/or altered without prior notice, according to our tariff. Rates are subject to the availability of the space and means of transportations. Offer does not cover expenses caused by weather conditions and/or non – cooperation or compliance with undertakings and/or instructions, by you and/or any third party.

Terms for Detention and Demurrage

  1. General Definitions

Any terms used but not defined herein shall have the meaning assigned thereto in the Carrier’s Terms for Carriage (as defined below).

“Carrier” means R.P.A.PORT LTD; VAT NUMBER 511575631.

“Compensation” includes Demurrage, Detention, Combined Demurrage and Detention and Storage (if applicable).

“Contract of Carriage” means any contracts for the carriage of goods, whether evidenced by the Carrier’s paper bill of lading, waybill or otherwise, made between Carrier and the Merchant.

 “Container” includes any container (including an open top container), flat rack, platform, trailer, transportable tank, pallet or any other similar article used to consolidate the Goods and any connected equipment.

 “Detention” is compensation payable when the Merchant holds Carrier’s Container outside the port, terminal or depot beyond the agreed amount of Free Time.

“Export Shipments” describe shipments where an empty Container is released to the Merchant under a Contract of Carriage with the Carrier, before being packed and returned to Carrier and loaded on board a vessel by the Carrier.

 “Free Time” is the period agreed between the Carrier and the Merchant for which Demurrage, Detention, Combined Demurrage and Detention and Storage (if applicable) shall not be paid by the Merchant. Unless clearly indicated in writing, the merchant shall have 7 days free days for 20dv,40dv and 40Hc. All other type of equipment will have 2 days only. 

“Goods” means the whole or any part of the cargo and any packaging accepted by Carrier from the Shipper and includes any Container not supplied by or on behalf of the Carrier.

“Import Shipments” means shipments where a Container has been shipped under a Contract of Carriage with the Carrier and has arrived at the Port of Discharge under that Contract of Carriage.

“Merchant” has the same meaning as in the Terms for Carriage and includes the Shipper, Holder, Consignee, Receiver of the Goods, or any Person owning or entitled to the possession of the Goods or of the bill of lading or anyone acting on behalf of any such persons.

 “Terms for Carriage” means the Carrier’s Terms for Carriage available at R.P.A.PORT LTD bill of lading and R.P.A.PORT LTD terms and conditions and further disclaimers.

  1. Application of Terms

2.1 Whether the Merchant’s use of the port, terminal or depot space beyond the agreed amount of free time is invoiced separately (see 3a and 3b below) is set out on a per R.P.A.PORT LTD debit notes.

2.2 Clause 5 applies to the extent not otherwise specifically informed by the Carrier.

3a. Definitions – Separate Storage Compensation

“Combined Demurrage and Detention” is compensation payable when the Merchant holds Carrier’s Container beyond the agreed amount of Free Time for the combined period of inside and outside the terminal, port or depot. On R.P.A.PORT LTD invoices, when only the wording demurrage appears, meaning will be considered as ”Combined demurrage and detention”.

“Demurrage” is compensation payable when the Merchant holds Carrier’s Container inside the terminal, port or depot beyond the agreed amount of Free Time.

“Storage” means compensation for utilizing the port, terminal or depot facilities beyond the agreed amount of Free Time, incurred in relation to both Containers supplied by the Carrier and by the Merchant.

3b. Definitions – No Separate Storage Compensation

“Combined Demurrage and Detention” is compensation payable when the Merchant holds Carrier’s Container beyond the agreed amount of Free Time for the combined period inside and outside the terminal, port or depot, including compensation for utilizing the port, terminal or depot  facilities, incurred in relation to both Containers supplied by the Carrier and by the Merchant.

“Demurrage” is compensation payable when the Merchant holds Carrier’s Container inside the terminal, port or depot beyond the agreed amount of Free Time, including compensation for utilizing the port, terminal or depot facilities beyond the agreed amount of Free Time, incurred in relation to both Containers supplied by the Carrier and by the Merchant.

  1. Compensation

4.1 Merchant is liable to pay the Compensation when the Free Time is exceeded.

4.2 Unless specifically agreed with R.P.A.PORT LTD, Compensation is applicable as per the invoices issued by R.P.A.PORT LTD.

4.3 Detention and/or Demurrage, and Combined Detention and Demurrage are alternatives. Whether Detention and/or Demurrage will be applied and invoiced separately or as Combined Detention and Demurrage.

  1. Applicable periods

5.1 Combined Demurrage and Detention shall be determined based on the following periods:

(a) For Import Shipments, Combined Demurrage and Detention applies to the time counting from the Carrier discharging the Goods from a vessel at the port of discharge until gate-in of the empty Container into the terminal, port or depot agreed with Carrier.

(b) For Export Shipments, Combined Demurrage and Detention applies to the time from the gate-out of the empty Container until the Container is loaded on board a vessel under the Contract of Carriage.

5.2 Demurrage shall be determined based on the following periods:

(a) For Import Shipments, Demurrage applies to the time counting from the Carrier discharging the Goods from a vessel at the port of discharge until gate-out of the Container.

(b) For Export Shipments, Demurrage applies to the time from gate-in of the Container into the agreed terminal, port or depot until the Container is loaded on board a vessel under the Contract of Carriage.

5.3 Detention shall be determined based on the following periods:

(a) For Import Shipments, Detention applies to the time from gate-out of the Container until gate-in of the empty Container into the terminal, port or depot agreed with Carrier.

(b) For Export Shipments, Detention applies to the time from the gate-out of the empty Container until gate-in of the Container into the agreed terminal, port or depot.

5.4 Storage (if applicable) shall be determined based on the following periods:

(a) For Import Shipments, Storage applies to the time counting from the Carrier discharging the Goods from a vessel at the port of discharge until gate-out of the Container.

(b) For Export Shipments, Storage applies to the time from gate-in of the Container into the agreed terminal, port or depot until the Container is loaded on board a vessel under the Contract of Carriage.

  1. Governing Law (for detention and demurrage)

6.1 These terms are subject to the law and jurisdiction of the Contracts of Carriage to which the Compensation relates.

6.2 Notwithstanding the above, the Carrier may further at its option choose that these terms shall be subject to; (i) the law and jurisdiction of a competent court at Merchant’s principal place of business; or (ii) the law at Merchant’s principal place of business and arbitration in accordance with such law.

Without prejudice