Booking Terms & Conditions
1.1. “Carrier” refers to Pacific International Lines (Private) Limited.
1.2. “Merchant” has the meaning set out in the Bill of Lading Terms. Without prejudice to the foregoing, for the purposes of these Booking Terms, it shall include the party placing a booking with the Carrier, the party to which the Carrier issues its Booking Confirmation, and/or the party to which the Carrier provides the rates as confirmed in the Booking Confirmation.
1.3. “Bill of Lading Terms” refers to the standard terms and conditions of the Carrier’s Bill of Lading, a copy of which may be found at the Carrier’s website at www.pilship.com.
1.4. These Booking Terms apply to and govern all bookings made between the Carrier and the Merchant and may be revised by the Carrier from time to time without prior notice to the Merchant. The Booking Terms current at the time of booking shall apply.
1.5. By placing or submitting a booking with the Carrier, whether through the Carrier’s agents, through the Carrier’s online platform(s)(including but not limited to the myPIL/Pocket PIL platform or any third party platforms), or through any other method whatsoever, the Merchant confirms that it has read and accepted these Booking Terms (a copy of which may be found at the Carrier’s website at https://www.pilship.com ) and shall be bound by these Booking Terms.
1.6. Whether or not the Merchant appears on the Carrier’s bill of lading, the Merchant shall be liable for all responsibilities and obligations of the shipper as set out in these Booking Terms and the Bill of Lading Terms, whether such shipper is named and disclosed or not. Where the Merchant subsequently nominates a shipper in relation to the booking, and such shipper is accepted by the Carrier, the Merchant warrants and represents that it is duly authorised to bind the nominated shipper to the booking and these Booking Terms, and shall indemnify and hold harmless the Carrier from any and all loss or damage that the Carrier may suffer arising out of or in relation to any issue of authority to bind the shipper. Notwithstanding the nomination of the shipper, the Merchant remains liable for all responsibilities and obligations of the shipper.
1.7. The carriage of any goods in connection with these Booking Terms shall be subject to the Bill of Lading Terms. Notwithstanding the issuance of any bill of lading, waybill, or other transport document in any format whatsoever, these Booking Terms shall continue to apply and shall be deemed fully incorporated into the standard terms and conditions of the Carrier’s bill of lading. The Bill of Lading Terms shall also be deemed to be fully incorporated into these Booking Terms. To the extent required, these Booking Terms shall logically amend, vary, and supplement the Bill of Lading Terms, but the validity and enforceability of the provisions of the Bill of Lading Terms shall remain in full force and unaffected. All terms used herein shall have the same meaning assigned in the Bill of Lading Terms, save for terms specifically defined in these Booking Terms.
2.1. After placing or submitting a booking with the Carrier and receiving a booking confirmation (the “Booking Confirmation”), the Freight and any other rates confirmed by the Carrier shall not be subject to change except as set out herein. For the avoidance of doubt, the Booking Confirmation may take any form or format, including but not limited to emails, letters, and notifications from the Carrier’s platform(s).
2.2. The Freight and rates quoted in the Booking Confirmation are based on the Carrier’s applicable tariff at the time of booking and such information as may be provided to the Carrier by the Merchant and expressly stated in the Booking Confirmation at the time of booking. All Freight and rates quoted shall, unless expressly stated, be exclusive of all taxes, duties, levies or any fees which may arise in connection with the provision of transport services by the Carrier. The Carrier reserves the right to charge any surcharges or additional charges which may arise after the time of booking, including but not limited to pick-up/drop-off charges and cleaning fees.
2.3. Freight and rates provided are subject to the Merchant’s compliance with any shipping instructions provided by the Carrier in its Booking Confirmation. In the event the Merchant does not comply, including but not limited to submitting accurate declarations or shipping instructions within the time stipulated by the Carrier, the Carrier reserves the right to cancel the Booking Confirmation and/or amend the rates quoted in the Booking Confirmation.
2.4. Freight and rates provided are quoted on the basis of the weight and dimensions declared by the Merchant at the time of booking. In the event the actual weight or dimensions of the cargo is different from the weight declared by the Merchant, the Carrier reserves the right to cancel the Booking Confirmation notwithstanding any issuance of transport documents, and/or amend the rates quoted in the Booking Confirmation.
2.5. Freight and rates provided are also on the basis of the equipment required by the Merchant at the time of booking. Where there are any changes in the equipment required, including but not limited to the location of pick-up/drop-off as originally requested by the Merchant or the timing of pick-up/drop-off of the equipment, the Carrier reserves the right to cancel the Booking Confirmation and/or amend the rates quoted in the Booking Confirmation.
2.6. All amendments requested by the Merchant after the issuance of the Booking Confirmation shall be subject to the Carrier’s approval and its sole discretion. The Carrier reserves the right to revise any Freight and rates pursuant to such requests for amendment. In the event the Merchant proceeds with the amended booking, the Merchant shall be deemed to have accepted all such revised Freight and rates.
2.7. In the event of any obvious errors, mistakes, or omissions in the Booking Confirmation, the Carrier shall not be bound by the said errors, mistakes, or omissions in the Booking Confirmation.
2.8. Freight and other rates provided by the Carrier to the Merchant shall be treated as confidential information and the Merchant shall not disclose such confidential information to any third party without the prior written consent of the Carrier.
2.9. Notwithstanding any provision to the contrary in these Terms and Conditions, the Merchant acknowledges that the Carrier issues its Booking Confirmation on the basis of such information that may be available or that has been made available to the Carrier at the time of the booking. The Merchant acknowledges that there may be situations where acceptance of the Merchant’s booking, notwithstanding the issuance of a Booking Confirmation, remains subject to factors including but not limited to further approval for the carriage of dangerous or hazardous goods or when part of the contracted carriage requires further approval or confirmation. Notwithstanding any provision to the contrary in these Terms and Conditions, the Carrier therefore reserves the right, in its sole discretion, to cancel any Booking Confirmation issued at any time and for any reason whatsoever without any liability whatsoever to the Merchant or to any third party.
3.1. The Merchant shall pay detention, demurrage, free time, and per diem rates in accordance with the Carrier’s applicable tariffs for the origin and destination locations, available on request to the Carrier. Unless expressly agreed in writing by the Carrier, the Carrier’s applicable tariffs shall be the determinative source of such detention, demurrage, free time, and per diem rates. The Carrier reserves the right to amend its applicable tariffs without prior notice to the Merchant.
3.2. The Carrier may, subject to its approval, allow the Merchant to purchase additional free time/extend its free time. In the event of any such approval by the Carrier, the additional free time shall not be effective until the Merchant has paid and the Carrier has received full payment for such additional free time/extension.
4.1. The Merchant acknowledges that invoices may be issued to the Merchant by the Carrier or its agents, and agrees to pay such invoices as if they were issued by the Carrier. All invoices, whether issued by the Carrier or its agents, shall be paid within the time stipulated on the invoice.
4.2. Where the Freight is indicated as “pre-paid”, the Merchant shall ensure that the Freight is paid in full prior to the release of any transport document.
4.3. In the event the Merchant fails to pay Freight and/or any charges associated with the cargo, the Carrier reserves the right to cancel the Booking Confirmation and/or exercise a lien over any of the Merchant’s Goods, whether under the same Booking Confirmation or not, until such Freight and/or charges have been fully settled by the Merchant.
4.4. In the event the Merchant disputes the amount of an invoice or any item in an invoice, the Merchant shall notify the Carrier in writing of the dispute within fifteen (15) calendar days from the date of the invoice, failing which the Merchant shall be deemed to have confirmed and accepted the invoice. Nothing in this clause shall extend any deadline stipulated for payment and the Merchant shall make payment of all undisputed amounts in an invoice notwithstanding any dispute or disputed items.
4.5. Where the Merchant is invoiced in a currency different to what is stated in the Booking Confirmation and/or if the invoice reflects sums in a currency other than the currency it is charged in, the Merchant acknowledges and accepts that the amounts invoiced by the Carrier may vary due to currency and exchange fluctuations.
5.1. Any schedules provided by the Carrier to the Merchant are reasonable estimates only and shall not be deemed to be an undertaking by the Carrier that the Goods shall be received, loaded, or delivered at any particular time. Notwithstanding the foregoing, nothing in these Booking Terms shall be construed as a waiver or reduction of the Carrier’s rights, limitations, and defences set forth in the Bill of Lading Terms.
5.2. The Carrier shall not be liable for any failure to load the Goods where such failure is due to:
5.2.1. Force Majeure;
5.2.2. Any omission of a scheduled call at a port affecting the voyage for operational reasons; or
5.2.3. Any breach of these Booking Terms by the Merchant.
6.2. The Carrier is not prepared to accept a booking or issue a booking confirmation regarding the carriage of specie, bullion, precious or rare metals or stones, jewellery, ornaments, works of art, plate or other objects of a rare and precious nature, money, bank notes or other forms of currency, bonds or other negotiable instruments and/or securities, whether the value is declared or not, without the Carrier’s prior written consent to perform such a Carriage. The Carrier shall be discharged from all liability in respect of loss or damage to such Goods, non-delivery, delay or any other loss connected or related to the Carriage in case of failure to declare the nature and value of any such Goods, pay any ad valorem freight where applicable, and obtain Carrier’s said consent and comply with any instructions the Carrier may give in connection with the Carriage of such Goods.
6.3. In the event:
6.3.1. the Merchant cancels the booking after the Booking Confirmation has been issued; or
6.3.2. the Merchant fails to deliver and present part or all of the Goods on or before the cut-off date stipulated by the Carrier in the Booking Confirmation,
the Carrier reserves the right to charge a cancellation fee, as determined by the Carrier from time to time, including all charges, costs, and expenses deriving from the cancellation of the booking.
6.4. The Merchant represents and warrants that:
6.4.1. The particulars relating to the Goods, including but not limited to the weight and/or Verified Gross Mass of the Goods, furnished by the Merchant or on behalf of the Merchant are adequate and correct.
6.4.2. The Goods are safe and lawful and contain no contraband, drugs or other illegal substances or stowaways, The Goods will not cause loss, damage, or expense to the Carrier or to other cargo.
6.4.3. The Goods and/or the Containers do not contain or do not comprise any hazardous goods, unless the Carrier has accepted and approved the carriage of such hazardous goods for the subject shipment. Any hazardous goods so approved and accepted for shipment by the Carrier shall be packed in a manner adequate to withstand the risks of Carriage having regard to their nature and in compliance with all laws or regulations which may be applicable during the Carriage.
6.5. In the event the Merchant is in breach of Clause 6., the Merchant shall indemnify the Carrier, its affiliates, agents, officers, and employees from any and all loss, damage, cost, expense, or liability which the Carrier, its affiliates, agents, officers, and employees shall suffer or will suffer arising out of or in connection with the Merchant’s breach, including but not limited to legal fees, enforcement costs, and lost profits.
6.6. The Merchant acknowledges that the Carrier shall have liberty as to the means, arrangement, and procedure to be followed in the handling, stowage, and transportation of Goods, unless requests for special stowage or handling were made at the time of placing or submission of a booking and confirmed in writing by the Carrier. Any further requests for special stowage or handling of Goods shall be made by the Merchant to the Carrier in writing not less than forty-eight (48) hours prior to the loading of the Goods and/or Containers on board the Vessel. Such further requests shall be reviewed and accepted at the Carrier’s sole discretion and may be subject to additional handling or administrative fees. In the event the Carrier is of the view that it is unable to accede to such requests for special stowage or handling, the Carrier reserves the right to place the Goods and/or Containers at the Merchant’s disposal at any place or port which the Carrier may deem safe and convenient, whereupon the Carrier’s responsibility such cease. The Carrier shall nevertheless be entitled to full Freight on the Goods received for the Carriage, and the Merchant shall pay any additional costs of the Carriage to, and delivery and storage at, such place or port.
7.1. “Force Majeure” refers to any and all events beyond the reasonable control of a party, including, but not limited to, war, invasion, rebellion, revolution, conviction, riot, civil war; earthquakes and other similar acts of nature; governmental (national, state, territorial, prefectural, municipal or other) regulations, controls or actions; epidemics; port congestion which is reasonably anticipated to incur delay of 48 hours or more; strikes, lockouts, labor disputes, stoppages or unrest (whether or not involving the employees of the affected party); accidents; sabotage; or any other events whatsoever beyond the reasonable control of the affected party.
7.2. The Merchant shall not be liable for its failure to tender the Goods for shipment in the event such failure is due to Force Majeure. In such a case, the Merchant shall provide satisfactory evidence of the Force Majeure event relied on and its impact on the Merchant’s obligations.
8.1. The Merchant is responsible for and warrants compliance with all applicable laws, rules and regulations, including, but not limited to, the sanctions laws of the European Union, Singapore, United States, as promulgated by the United Nations Security Council and of any country to, from, or through which the Goods may be carried and the export control laws of any country to, from or through which the Goods may be carried.
8.2. The Merchant 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.
8.3. The Merchant warrants that it is not a party subject to any direct or indirect prohibition or restriction pursuant to the sanctions laws of the European Union, Singapore, United States, as promulgated by the United Nations Security Council and of any country to, from or through which the Goods may be carried, including any 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 European Union, United States, United Nations Security Council or any other country. It also warrants that the Goods are not intended to be used in the design, development or production of nuclear, chemical or biological weapons or in violation of the arms control laws of any country to, from or through which the Goods may be carried or permitted under any export controls laws. The Merchant shall indemnify the Carrier and hold the Carrier harmless to the full extent of any loss, damage, cost, expense, or liability to the Carrier including lost profits, legal fees and court costs for any failure or alleged failure of the Merchant to comply with applicable sanctions laws, export control laws, export and import laws and regulations of any country.
8.4. In the event of any risk that the Merchant is in violation of the provisions of this clause, the Merchant agrees that, at the election of the Carrier, the Goods may at any time and at any place be unloaded, destroyed, disposed of or abandoned without compensation to the Merchant and without prejudice to the Carrier’s right to Freight or be returned to the Port of Loading at full cost to the Merchant.
8.5. The Merchant shall comply with the provisions of applicable anticorruption laws, including but not limited to the Prevention of Corruption Act 1960 (2020 Rev Ed) of Singapore, the U.S Foreign Corrupt Practices Act of 1977 and the UK Bribery Act of 2010.
8.6. In the event the Merchant is in breach of this clause 8, the Merchant shall indemnify the Carrier, its affiliates, agents, officers, and employees from any and all loss, damage, cost, expense, or liability which the Carrier, its affiliates, agents, officers, and employees shall suffer or will suffer arising out of or in connection with the Merchant’s breach, including but not limited to legal fees, enforcement costs, and lost profits.
9.1. “Data Subject” refers to any individual about whom the Carrier holds Personal Data.
9.2. “Personal Data” refers to any information identifying a Data Subject or information relating to a Data Subject that we can identify (directly or indirectly) from that data alone or in combination with other data we possess or can reasonably access. Personal Data can be factual (for example, a name, telephone, email address, User ID, location, or date of birth), and such may include business contact information under certain applicable laws.
9.3. “Processing” means any activity that involves the use of Personal Data. It includes obtaining, recording, or holding the data, or carrying out any operation or set of operations on the data including organizing, amending, retrieving, using, disclosing, erasing, or destroying it. Processing also includes transferring Personal Data to third parties. The processing must be adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed.
9.4. The Merchant confirms that it has read and accepted the terms of the Privacy Notice (a copy of which may be found at the Carrier’s website available at www.pilnigeria.com).
9.5. The Merchant consents to the Carrier collecting and Processing Personal Data about the Merchant to deliver services and fulfil the agreement under these Booking Terms and the contract of Carriage and for the purposes stated in the Privacy Notice (“Permitted Purposes”).
9.6. Where applicable, the Merchant shall ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of Personal Data (including the Personal Data of the Merchant’s personnel and agents) to the Carrier for the Permitted Purposes.
9.7. The collection, the Processing and the transfer of Personal Data shall be lawful in accordance with any and all applicable data privacy protection laws and regulations.
9.8. If any data originates from a country with laws imposing data transfer restrictions, then the Merchant shall inform the Carrier of such data transfer restrictions before such data is Processed and/or transferred (as applicable).
9.9. The Merchant consents to the Carrier to engaging subprocessors to Process Personal Data for the Permitted Purposes. If the Merchant becomes aware that the Personal Data is inaccurate or outdated, it shall inform the Carrier without undue delay. The Carrier shall cooperate with the Merchant to erase or rectify the data.
10.1. Any dispute relating to these Booking Terms shall be governed in accordance with the provisions of Clause 30 of the Bill of Lading Terms.