For the purpose of this document, any reference to OML means OML International Shipping Company Limited.
Any reference to “shipper”, “owner , “customer”, or “client “ refers to you with whom we have this agreement or anyone else designated by you..
When ordering OML’s services you, as “Shipper or Owner”, are agreeing, on your behalf and on behalf of the receiver of the Shipment (“Receiver”) and anyone else with an interest in the Shipment, that these Terms and Conditions shall apply.
All arrangements made on your behalf for destination services at foreign ports or in foreign territories, are made for your convenience only. OML’s involvement in such arrangements is that of a facilitator only. You are therefore required to make the necessary arrangements with service provider/vendor etc to verify the requirements and confirm or adjust the specific arrangements and services for your shipment.
“Shipment” means all documents, parcels or items that travel under one waybill/ bill of lading and which may be carried by any means OML chooses, including container haulage, trucking or a subcontracted carrier.
Every Shipment is transported on a limited liability basis as provided herein. If Shipper requires greater protection, then insurance may be arranged at an additional cost. (Please see below for further information).
1 Customs Clearance
OML may perform any of the following activities on Shipper’s or Receiver’s behalf in order to provide its services:
(1) complete any documents, amend product or service codes, and pay any duties, taxes or penalties required under applicable laws and regulations (“Customs Duties”),
(1a) Please note that duties , taxes and levies may be charged by the government of Jamaica on your cargo as determined by the laws of Jamaica and would be required to be paid before items can be cleared we are not responsible for these fees but may in certain circumstance be advanced on the clients behalf.
(2) act as Shipper’s forwarding agent for customs and export control purposes, and as Receiver solely for the purpose of designating a customs broker to perform customs clearance and entry, and
(3) redirect the Shipment to Receiver or another agent or other address upon request by any person who OML believes in its reasonable opinion to be so authorized.
2 Unacceptable Shipments
A Shipment is deemed unacceptable if:
- no customs declaration is made when required by applicable customs regulations,
- it contains counterfeit goods, animals, bullion, currency, gem stones; weapons, explosives and ammunition; human remains; illegal items, such as ivory and narcotics,
- it is classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), ADR (European Road Transport Regulation on dangerous goods) or other relevant organization (“Dangerous Goods”),
- its not properly marked to include name, address or any other thing required for seamless movement of cargo. Its packaging is defective or inadequate to ensure safe transportation with ordinary care in handling,
- it contains any other item which OML decides cannot be carried safely or legally.
3 Deliveries and Undeliverables
Shipments cannot be delivered to PO boxes or postal agencies; therefore, a complete physical address is required. Shipments are delivered to the Receiver’s address given by Shipper but not necessarily to the named Receiver personally. Shipments to addresses with a central receiving area will be delivered to that area. OML may notify Receiver of an upcoming delivery or a missed delivery. Receiver may be offered alternative delivery options such as delivery on another day, no signature required, redirection or collection at an OML Service Point. Shipper may exclude some delivery options on request.
If the Shipment is deemed to be unacceptable as described in Section 2, or it has been undervalued for customs purposes, or Receiver cannot be reasonably identified or located, or Receiver refuses delivery or refuses to pay Customs Duties or other Shipment charges, OML shall use reasonable efforts to return the Shipment to Shipper at Shipper’s cost, failing which the Shipment may be released, disposed of or sold without incurring any liability whatsoever to Shipper or anyone else, with the proceeds applied against Customs Duties, Shipment charges and related administrative costs with the balance of the proceeds of a sale to be returned to Shipper after all administrative fees are deducted. OML shall have the right to destroy any Shipment which any law prevents OML from returning to Shipper as well as any Shipment of Dangerous Goods.
OML has the right to open and inspect a Shipment without notice to shipper or receiver, for safety, security, customs or other regulatory reasons.
5 Charges and Fees
Generally, unless otherwise stated ,estimates are for information purposes only and are subject to change depending on circumstances.
Third party fees may be included if known at a the time of submission of estimate if available, however OML makes no gaurantee regarding third party fees as they are not OML's fees . Further the company is not obligated to provide third party fees whether or not they may of necessity be included in the total cost of shipping the cargo. This includes but is not limited to port fees, carrier in-transit fees, ship agents fees, customs duties etc.
A quote is binding however it has a specific lifetime .
OML’s Shipment charges are calculated according to a set rate for the specific type of shipment, the services elected by the shipper or owner or any other authorized proxy, the higher of the volume, actual or volumetric weight per piece . Any piece may be re-weighed and re-measured by OML to confirm this calculation.
The Shipper, or the Receiver, shall pay or reimburse OML for all Shipment or other charges due, or Customs Duties owed for services provided by OML, or incurred by OML on Shipper’s or Receiver’s behalf.
Payment of Customs Duties may be requested prior to delivery. If OML uses its credit with the Customs Authorities or advances any Customs Duties or other payments on behalf of a Receiver who does not have an account with OML, OML shall be entitled to assess a 10% fee for this service.
Moving cargo between countries will involve the intervention of various third parties who will charge a fee for their service, OML will, for expediency, advance these fees on customer’s behalf Such fees will be submitted by way of an invoice for reimbursement and will be required to be paid upon submission.
6 OML ’s Liability
6.1 OML ’s liability in respect of any item or shipment is limited to proven negligence by OML staff whilst specifically in our control. whether whilst in our warehouse, in our vehicle being transported. OML shall not be liable when items are outside of its direct care and control whether with one of our agents, carrier, port, warehouse or otherwise.
All other types of loss or damage are excluded (including but not limited to lost profits, income, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to OML ’s attention.
6.2 OML has no liability in respect of any item or shipment transported, whether by Ocean, air, road, rail or any other means of transportation, by any third party whether engaged by OML in its normal operations as a Freight Forwarder or not. Such loss is expected to be borne by the specific third party who has possession of the items/ shipment at the time of loss or damage. OML will however try to intercede on customer’s behalf in seeking redress however such actions should not be deemed as acceptance of liability and by extension the company cannot guarantee any outcomes from such effort
6.3 OML, if requested can provide partial loss insurance in which case liability will be assessed based on the age, condition, and market value in present state cost to effect repairs and type of item , the customs value, whichever is lower. Liability is based on the individual item involved, even if the item is a part of a set. If Shipper regards these limits as insufficient, then the shipper may make a special declaration of value and make other insurance arrangements.
Delivery and Transportation
6.4 OML will make every reasonable effort to deliver the Shipment according to OML ’s regular delivery schedules, but these schedules are not binding and do not form part of the agreement. OML is not liable for any damages or loss caused by delay, but for certain Shipments, Shipper may be able to claim limited delay compensation if OML is directly and deliberately responsible for all elements that caused the delay.
7 Consolidated shipments
Consolidated shipments are designed to reduce the freight cost per shipper through sharing the container. It is important to be aware that if your shipment is consolidated with other shippers, their action/inaction can affect your shipment. Some of these effects can be by way of delays, additional examination/scrutiny, increased costs. If such a situation should arise, OML is indemnified of any responsibility as we have no control over such individual action/inaction. Please note however that these are only possibilities and not certainties as most consolidated shipments encounter no such issues.
It must also be noted that estimated charges are based on an expected minimum economical volume loaded in the container if same is not achieved then it stands to reason that estimated fees will be increased to reflect the lower volume packed in the container. The oposite also obtains if the finalvolume is in excess of the minimum ie your freight charges will decrease.
All claims must be submitted in writing to OML within forty-eight (48) hours from the date that the delivery is completed, failing which OML shall have no liability whatsoever. Claims are limited to one claim per Shipment, settlement of which will be full and final settlement for all loss or damage in connection therewith. Furthermore we reserve the right to request independent verification from a suitable third party.
9 Circumstances Beyond OML’s Control
OML is not liable for any loss or damage arising out of circumstances beyond OML’s control. These include but are not limited to electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings; any defect or characteristic related to the nature of the Shipment, even if known to OML ; any act or omission by a person not employed to or contracted by OML under an exclusive or other binding agreement - e.g. Shipper, Receiver, subcontractors and other third parties, customs or other government official; “Force Majeure” - e.g. earthquake, cyclone, storm, flood, fog, war, plane crash, embargo, riot, civil commotion, or industrial action.
10 Shipper’s Warranties and Indemnities
Shipper shall indemnify and hold OML harmless for any loss or damage arising out of Shipper’s failure to comply with the following warranties and representations:
- all information provided by Shipper or its representatives is complete and accurate;
- the Shipment is acceptable for transport under Section 2 above;
- the Shipment was prepared in secure premises by reliable persons and was protected against unauthorized interference during or after preparation, storage and transportation;
- Shipper has complied with all applicable customs, import, export, data protection laws, sanctions, embargos and other laws and regulations; and
- Shipper has obtained all necess ary consents in relation to personal data provided to OML including Receiver’s data as may be required for transport, customs clearance and delivery, such as e-mail address and mobile phone number.
Shipper agrees to all routing and diversion, including the possibility that the Shipment may be carried as LCL via intermediate stopping places.
12 Third Party Agents
All arrangements made on your behalf for destination services at foreign ports or in foreign territories, are made for your convenience only. OML’s involvement in such arrangements is that of a facilitator only. You are therefore required to make contact with the destination service provider to verify the requirements and confirm or adjust the specific arrangements and services for your shipment.
. Figures provided in estimates are for informational purposes only. Final costs can only be provided after items are received, packed, weighed and measured and final costings received from third parties. Without any changes this estimate is valid for 30 days.
14 Governing Law
Any dispute arising under or in any way connected with these Terms and Conditions shall be subject, to the jurisdiction of the courts of, and governed by the law of the country of Jamaica. The Shipper irrevocably submits to such jurisdiction, unless contrary to applicable law.
15 Severability and Acceptance
The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions.
I, ……….. have read, understand and agree to the terms and conditions set out in the preamble and 12 clauses with sub-clauses above, and to this end affixes my signature