Service Contract No. Zxxxxxxx Effective Date DD-MMM-YY Amendment No. 0
This Appendix covers shipments tendered under Carrier’s Expedited Service Guarantee (“ESG”) program on the ZIM E-Commerce Express (“ZEX”). For qualifying shipments, Carrier will guarantee the Delivery Date and, upon failure to meet such date, return to the Merchant a Guarantee Payment (GP), under the following Terms:
Must be identified as tendered under the ESG program at the time of booking;
The entire shipment and all required documentation must be tendered to the Carrier at the Carrier’s appointed terminal facility at the Port of Load prior to load “Cut-Off” for the Booked Vessel;
Must be routed through Asians ports serviced by the ZEX and to final destinations within the continental U.S. specifically offered under the ESG program;
Freight and other charges must be pre-paid (i.e., prior to arrival at the Port of Discharge) or the responsible Party must have established credit with the Carrier prior to booking;
Must be pre-cleared through U.S. Customs prior to vessel arrival at the Port of Discharge; and
For any shipment transported under an Original Bill of Lading, that document must be surrendered to the Carrier prior to arrival at the Port of Discharge.
NOTE: Out-of-Gauge and / or other cargoes that require special equipment for loading, discharge, carriage, or delivery may not be transported under the Expedited Service Guarantee Program. Acceptance and carriage of Dangerous Goods / Hazardous Cargoes or temperature-controlled cargoes require Carrier’s prior approval and will be subject to prevailing premiums. Carrier reserves the right to refuse booking of any categories of cargo for the ESG program, at its discretion.
Guaranteed Delivery Date
Definition: the date the Merchant’s shipment is made available at the destination identified on the Bill of Lading
Carrier will provide a Guaranteed Delivery Date at the time of Booking by the Merchant.
Should Carrier fail to make delivery to the Merchant on or before the Guaranteed Delivery Date, it shall be liable for a penalty – the Guarantee Payment – amounting to 15 % of the freight charged for the shipment at issue (excluding all surcharges and accessorial charges);
Carrier shall make payment, or grant credit to the benefit of the Merchant, upon receipt of proof of the actual delivery date and time from Merchant. Such proof shall be delivered to Carrier within thirty (30) days of the actual delivery date.
The Guarantee Payment shall be the sole and exclusive remedy for failure to deliver the cargoes to the Merchant on or before the Guaranteed Delivery Date; Carrier shall not be liable for any incidental, consequential, indirect or punitive damages arising from a failure to deliver the cargoes to the Merchant on or before the Guaranteed Delivery Date.
Carrier shall not be liable for the Guarantee Payment if delivery is frustrated or delayed by events beyond the reasonable control of Carrier, its sub-contractors and / or vendors, including, but not limited to, any act or omission by Merchant, Merchant’s principals or agents, or any other relevant cargo interests, as well as acts of government authorities.
Cancellation of Booking
Carrier guarantees availability of vessel space against Merchant’s ESG bookings originating in Asia; as a result, Merchant’s booking will be subjected to the following cancellation and no-show service charges: