Freight rates and other charges included in your Rate Document (individually and collectively, “Quotations”) are governed by these Rate Document Terms and Conditions, other terms and conditions specified in your Rate Document and the prevailing tariffs published at www.OOCL.com, which can be provided upon request. These Rate Document Terms and Conditions and the prevailing published tariffs shall prevail in the event of a conflict with the terms and conditions specified in your Rate Document.
1. Under no circumstances shall the information in your Rate Document or the information contained in any correspondence constitute a binding agreement to carry or for provision of carriage services whether with the listed or alternative carriers or vessels until final acceptance by OOCL in its absolute discretion, which shall be subject to availability of OOCL’s equipment, space or vessels, and upon the terms and subject to the conditions set forth in OOCL’s bill of lading and any other terms or conditions of OOCL.
2. Other than Quotations marked as “Fixed” in your Rate Document, Quotations are subject to change and subject to other charges that may apply at the time of shipment, as determined by OOCL. If a booking is accepted by OOCL, OOCL will confirm actual payment due upon issuance of its invoice(s) which shall prevail in the event of a conflict with the Quotations specified in your Rate Document.
3. Unless otherwise specified in writing, and in addition to other terms provided for or otherwise referenced herein, Quotations are only valid if all of the following are true:
a. the shipment is shipped, as determined by OOCL, during the Rate Effective Period or as otherwise specified;
b. the entity listed as the Eligible Shipping Party is the shipping party, as determined by OOCL;
c. at least one booking which is not subsequently cancelled is made with that Quotation on or before the Quotation Expiration Date; and
d. the entity listed as the Eligible Named Account, if any, is specified as the Shipper or Consignee on the OOCL Bill of Lading.
e. the Rate Folder number is given at time of booking.
4. Quotations are subject to currency exchange at the time of shipment.
a. Fixed = charge (and/or if expressed in percentage) is fixed;
b. Tariff = charge (and/or if expressed in percentage) is variable and subject to prevailing tariff at time of shipment posted at www.OOCL.com;
c. When Applicable = charges may apply on certain provisions of service made for the carriage;
d. B/L Release = charge is only applicable if Bill of Lading is released from the location specified;
e. TBD = charge is to be determined, whether prepaid or collect, in each case in accordance with the relevant tariff rules at the time payment is due, or if no rules exist then by OOCL in its sole discretion.
6. Your Quotation Document is confidential, the contents of which shall not be disclosed to competitors of OOCL.
7. Your Quotation Document shall be governed by English Law.