Terms and Conditions

1. General Definitions:

In the context of this agreement, the following terms shall have the meanings ascribed to them:

1. The term "Agreement" refers to the terms and conditions outlined in this agreement, as well as any policies of e-Ship Pro pertaining to the use of the Website.
2. "Shipper" refers to the party identified as the shipper in the bill of lading or any party acting on behalf of the shipper.
3. "Consignee" refers to the party to the party to whom the goods are to be delivered.
4. "Bill of Lading" refers to the document issued by e-Ship Pro’s logistics partner to evidence the receipt of goods for shipment and the contract of carriage between e-Ship Pro’s logistics partner and the shipper/consignee.
5. "Door to Door Service" refers to the transportation and delivery of Cargo from the origin to the final destination specified by the Customer.
6. A "Force Majeure Event" encompasses any event beyond the reasonable control of e-Ship Pro. This includes, but is not limited to, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes, lockouts, riots, insurrection, war, governmental actions, computer hacking, civil disturbances, unauthorized access to computer data and storage devices, computer crashes, virus attacks, security breaches, encryption breaches, and any other similar events that are not within the control of e-Ship Pro and cannot be overcome.
7. "Freight Services" refers to the services displayed on e-Ship Pro's Website. These services encompass international transportation, logistics services, and associated services such as freight cargo insurance, customs brokerage services, etc.
8. The term "Information" includes any requests for quotes, information provided by users to e-Ship Pro or other members during the registration, bidding, or listing process, public messages (including feedback provided regarding members), any content posted within e-Ship Pro's Website, and any descriptions of services.
9. A "Member" is defined as a Seller or buyer (or collectively SHIPPER AND CONSIGNEE) has been granted access to the Website by e-Ship Pro.
10. The term "Person" refers to an individual, corporation, partnership, joint venture, trust, unincorporated organization, or any other legal entity.
11. The term "User" collectively refers to any party, whether a Buyer, Seller, or other, that utilizes the e-Ship Pro Website or e-Ship Pro Services.
12. The references to "you," "your," and "User" collectively pertain to the User and any employees, agents, contractors, related bodies corporate, or other third parties who access this website on behalf of the User, acting with the User's express or implied authority.

2. e-Ship Pro Freight Forwarding Services:

1. e-Ship Pro provides an online platform that connects users with freight forwarding service providers offering range of comprehensive global digital freight solutions for importers and exporters of ocean shipments.
2. e-Ship Pro services include door-to-door transportation solutions, port-to-door, port-to-port, and door-to-port services. As part of our offerings, e-Ship Pro may provide additional support services to Sellers, such as warehousing coordination, logistics coordination, support call center assistance, payment facilitation, and other related services.
3. Please note that the domain name https://e-ShipPro.com/ is owned by e-Ship Pro. Our website serves as a digital platform for the purchase, coordination, and, when available, tracking of ocean and surface transportation, logistics, and other related services.
4. By Entering into a contract with e-Ship Pro, the Customer agrees that these general terms and conditions shall be applicable to any request for services transmitted verbally, by telex/fax, e-mail, or any other means, even in the absence of specific reference to these terms and conditions.
5. By using our services, you represent and warrant that you have the legal capacity to enter into a binding agreement and that you have read and understood these Terms and Conditions.
6. By utilizing Our Website, you hereby affirm and verify your acceptance of the present Terms and your commitment to adhere to them without reservation.

3. Transport Documentation

1. The transportation arrangement will be documented through a waybill, bill of lading, delivery note, or similar document issued by one ofe-Ship Prologistics partner. These documents must comply with relevant national regulations and international conventions.
2. The Documentation contained therein will govern the relationship between e-Ship Pro and the Customer. In case of any inconsistency or omission, the following hierarchy shall apply: firstly, the bill of lading issued by e-Ship Pro’s logistics partner; secondly, these General Terms and Conditions; and thirdly, any other transport document utilized.

4. Declaration of Goods and Packaging

1. The Customer assures that the goods are appropriate for transportation through any means and explicitly affirms that the provided packaging is capable of withstanding the agreed-upon service. Unless the Customer explicitly instructs e-Ship Pro, no special measures will be taken regarding the packaging, and the Customer bears full responsibility for it.
2. The Customer guarantees to e-Ship Pro the accuracy of the goods' declaration in terms of their characteristics, description, marks, numbers, quantity, weight, and volume. Any losses, damages, defects, or penalties incurred by third parties due to inaccurate information provided will be the sole responsibility of the Customer. Additionally, the Customer will be held accountable for damages resulting from insufficient, defective, or improperly used packaging that causes harm to the goods, handling equipment, or means of transportation. These responsibilities extend even if such inaccuracies or deficiencies arise from operations not directly performed by e-Ship Pro. As a result, the Customer will indemnify e-Ship Pro for any consequential expenses incurred.
3. The Customer and/or the shipper are solely responsible for adhering to the existing legislation regarding packaging, documentation, markings, waybills, and any other necessary requirements for transporting such goods.

5. Legal Liability

The Customer hereby acknowledges that e-Ship Pro’s logistics partner, acting as a party to the contract, shall exercise its discretion in executing the contract and other instructions, as well as arranging for the transportation, handling, carriage, and storage of the entrusted cargo. However, e-Ship Pro’s logistics partner shall comply with specific instructions provided in advance and explicitly approved by the Customer within the designated period.

In its capacity as a warehouseman and bailee, e-Ship Pro’s logistics partner liability is limited to damages incurred to the goods due to a breach of its contractual obligations, as determined by relevant regulations. This liability commences upon delivery of the goods to e-Ship Pro's logistics partner employees and terminates when the goods depart from e-Ship Pro's logistics partner warehouses for transportation.

As a customs broker, e-Ship Pro or e-Ship Pro logistics partner shall not be held responsible for any damages if it has followed the instructions of the Customer. Additionally, the Customer acknowledges their responsibility for any duties and taxes, while e-Ship Pro acts exclusively based on the instructions provided by the customer.

The legal liability of e-Ship Pro is outlined as follows:

1. e-Ship Pro assumes responsibility for the selection of and instructions given to subcontracted agents, such as carriers, e-Ship Pro logistics partners, warehouse operators, etc. However, e-Ship Pro shall be absolved of liability if the choice of agent is made based on the instructions of the Customer, shipper, or any interested party, and when these instructions are conveyed to the subcontracted agents in accordance with the orders received from the Customer or shipper. In such cases, e-Ship Pro may waive its rights against subcontracted agents and assign.
2. e-Ship Pro strictly accepts only general cargo shipments and shall not process or accommodate any other types of cargo.
3. Customers are responsible for ensuring that their shipments comply with the specified criteria for general cargo as per e-Ship Pro's guidelines.
4. Any attempt to submit non-general cargo for shipment through e-Ship Pro will result in immediate rejection and potential cancellation of the order.
5. e-Ship Pro reserves the right to inspect and verify the nature of the cargo, and may take necessary actions in case of non-compliance with this policy.

6. e-Ship Pro “shall not be held liable” under the following circumstances:

1. e-Ship Pro, shall not be held liable for fault or negligence of the Customer or its authorized representative.
2. Defective packing, labeling, and stowage, or the absence thereof, provided e-Ship Pro is not responsible. e-Ship Pro is also not responsible for packaging goods with unverifiable contents.
3. e-Ship Pro shall not be held liable for War, Rebellion, Revolution, Insurrection, Usurpation of power or confiscation, Nationalization, or Requisition by government or authority, Strikes, lockouts, or labor disputes affecting the work, Damage caused by nuclear energy, Natural disasters, Force majeure, Theft, Unavoidable circumstances with unforeseeable consequences for e-Ship Pro, Inherent defects and nature of the goods, Piracy, Incorrect labeling or marking, Other exemption grounds as per conventions or legal provisions.
4. e-Ship Pro shall not be liable for loss, damage, or expenses arising from insufficiency or imperfection in connection with the number, content, weight, markings, or description of the goods.
5. e-Ship Pro shall not be liable for any consequential loss or damages, such as loss of profits, loss of customers, depreciation, or penalty clauses.

7. Liabilities and Responsibilities of the customer in Goods Transportation :

1. The Shipper / Consignee is responsible for any damages incurred by the Forwarder and / or carriers due to their own fault or negligence, including the fault or negligence of their employees and agents.
2. The Shipper must deliver the goods at the agreed place and time, ensuring they are appropriately packaged for transport and accurately declaring their characteristics, description, marks, numbers, quantity, weight, and volume.
3. The Shipper/Consignee is liable for any losses, damages, faults, or penalties caused to third parties due to inaccurate or omitted data, as well as for damages resulting from defective, inadequate, or misused packaging that may harm the goods, handling equipment, or means of transport.
4. The Shipper must inform the Forwarder in writing about any dangerous nature of the goods and necessary precautions according to international ADR regulations. Failure to do so makes the Shipper liable for all damages resulting from the shipment, including unloading, destruction, or rendering of the goods harmless, without entitlement to compensation, and the obligation to contribute to the general average, if applicable. The Forwarder has the right to refuse to transport dangerous goods and may admit goods that do not confirm to usual standards due to insufficient packaging, at its discretion.
5. The Shipper is liable for loss and damage caused by insufficient or improper stowage if they have loaded the goods themselves or on their behalf. The Shipper must declare the general nature of the goods and the necessary marks for identification on the bill of lading, and indicate if the goods are dangerous, if applicable.

8. General Terms and Conditions of Bill of Lading :

These General Terms and Conditions of Bill of Lading apply to all shipments handled by e-Ship Pro logistics partner, including port to port, door to door, door to port, and port to door services.

8.1 Responsibilities of e-Ship Pro’s logistics partner

1. e-Ship Pro’s logistics partner agrees to exercise reasonable care in the handling and transportation of the goods entrusted to them by the shipper.
2. e-Ship Pro’s logistics partner will arrange for the transportation of the goods by ocean carriers and/or other modes of transportation, as necessary, to provide the agreed-upon service (port to port, door to door, door to port, or port to door).
3. e-Ship Pro’s logistics partner will issue a bill of lading to evidence the shipment and the contract of carriage between e-Ship Pro and the shipper/consignee.
4. e-Ship Pro’s logistic partner may subcontract any or all the services required for the transportation of the goods, including but not limited to, booking cargo space on vessels, arranging for transportation to and from ports, and documentation services.
5. As the terms and conditions of the e-ship's logistics partner are relevant, it is recommended that the booking party reviews them as well.

8.2 Responsibilities of the Shipper :

1. The shipper shall provide accurate and complete information regarding the goods to be transported, including the description, quantity, weight, and dimensions.
2. The shipper is responsible for ensuring that the goods are properly packaged, marked, and labeled in accordance with applicable laws, regulations, and industry standards.
3. The shipper shall be liable for any loss, damage, or expense incurred by e-Ship Pro or any third party as a result of the shipper's failure to comply with its obligations under these terms and conditions.
4. As the terms and conditions of the e-ship's logistics partner are also relevant, it is recommended that the shipper review them as well.

8.3 Responsibilities of the Consignee :

1. The consignee shall provide accurate and complete information regarding the delivery of the goods, including the name, address, and contact details.
2. The consignee shall be responsible for the clearance of the goods through customs and for paying any applicable duties, taxes, or fees.
3. As the terms and conditions of the e-ship's logistics partner are also relevant, it is recommended that the consignee review them as well.

8.4 Bill of Lading Liability & Limitations :

1. e-Ship Pro's liability for loss or damage to the goods during transportation shall be governed by the terms and conditions of the bill of lading issued by e-Ship Pro’s logistic partner.
2. e-Ship Pro shall not be liable for any indirect, consequential, or special damages arising out of or in connection with the transportation of the goods.
3. By engaging e-Ship Pro's logistic partner services, the shipper and consignee acknowledge and accept these General Terms and Conditions of Bill of Lading.

9. Booking & Documentation :

1. The Customer shall request a booking for the transportation of the Cargo, providing all relevant details, including the origin, destination, and preferred shipping method.
2. The Company will provide a quote based on the provided information. The quote is subject to change based on factors such as cargo volume, weight, special handling requirements, and prevailing market conditions.
3. Upon acceptance of the quote, the Customer shall provide all necessary documentation, including but not limited to a commercial invoice, packing list, and any other required documents.
4. The validity of the e-Ship Pro quote is solely determined by the number of days specified in the quote.
5. The Customer shall ensure that all documentation provided is accurate, complete, and complies with all applicable laws, regulations, and requirements.

10. Cargo Insurance :

10.1 Mandatory Insurance

1. The insured acknowledges and agrees that cargo insurance is mandatory for all shipments handled by e-Ship Pro.
2. If the shipper does not have existing insurance coverage, e-Ship Pro’s Logistic partner will assist the necessary insurance on behalf of the shipper/consignee.

10.2 Scope of Insurance Coverage

1. The insurance coverage provided by e-Ship Pro’s logistics partner or by the customer (shipper/consignee) is applicable to the cargo during the transportation process, including loading, unloading, and transit.
2. The insurance coverage may include protection against risks such as loss, damage, theft, and other perils as specified in the insurance policy.

10.3 Insurance Exclusions

1. Insurance coverage may exclude certain perils or circumstances as specified in the insurance policy. It is the insured's responsibility to review and understand the exclusions applicable to their insurance coverage.
2. Common exclusions may include losses due to improper packaging, inherent vice, delay, wear and tear, insufficiency of packing, acts of war, nuclear incidents, and other circumstances beyond the control of e-Ship Pro or the insurance provider.

10.4 Insurance Limits of Liability

1. The insurance coverage provided by e-Ship Pro, or the designated insurance provider shall be subject to limits of liability as specified in the insurance policy.
2. The insured acknowledges that the insurance coverage may have maximum liability limits per occurrence, per shipment, or per unit of cargo value, as determined by the insurance provider.
3. By engaging e-Ship Pro's services and obtaining cargo insurance coverage, the insured acknowledges and accepts these terms and conditions of cargo insurance.

11. Acceptance of Cargo:

1. 1 e-Ship Pro reserves the right to carry general cargo only and strictly prohibits the transportation of any dangerous or hazardous cargo.
2. By engaging with e-Ship Pro's services, customers agree to adhere to this restriction and acknowledge that any attempt to ship dangerous or hazardous cargo will result in immediate cancellation of the shipment without liability to e-Ship Pro.
3. e-Ship Pro shall not be held responsible for any loss, damage, or legal consequences arising from the transportation of dangerous or hazardous cargo by customers who fail to comply with this policy.
4. Customers are solely responsible for ensuring that their cargo does not include any items classified as dangerous or hazardous, as per international regulations and guidelines, before engaging with e-Ship Pro's services.
5. e-Ship Pro reserves the right to inspect and refuse any shipment suspected of containing dangerous or hazardous cargo, and customers shall bear all costs and liabilities associated with such refusal or rejection.

12. Custom Clearance:

1. e-Ship Pro's customs clearance service facilitates the process of clearing shipments through customs, ensuring compliance with relevant laws and regulations. However, e-Ship Pro does not guarantee the successful clearance of every shipment and cannot be held responsible for any delays, additional fees, or denial of entry imposed by customs authorities.
2. Customers are responsible for providing accurate and complete information regarding their shipments, including but not limited to product descriptions, quantities, values, and any necessary documentation. Any discrepancies or omissions in the provided information are the sole responsibility of the customer.
3. e-Ship Pro may require additional documents or information from customers to complete the customs clearance process. Failure to provide the requested documents or information in a timely manner may result in delays or non-clearance of the shipment, and customers bear the associated risks and costs.
4. Any customs duties, taxes, fees, or penalties imposed by customs authorities are the responsibility of the customer and will be invoiced accordingly. e-Ship Pro shall not be liable for any financial obligations arising from customs-related charges.
5. e-Ship Pro reserves the right to refuse customs clearance services for any shipment that is deemed illegal, prohibited, or in violation of applicable laws and regulations. Customers shall indemnify and hold e-Ship Pro harmless from any claims, losses, or damages arising from such shipments or their clearance.

13. Responsibilities of the Customer

1. The Customer shall provide accurate and complete information regarding the Cargo, including its weight, dimensions, value, and any special handling requirements.
2. The Customer shall ensure that the Cargo is properly packaged, labeled, and prepared for transportation in compliance with all applicable laws, regulations, and industry standards.
3. The Customer shall provide all necessary documentation and information required for customs clearance and any other regulatory requirements.
4. The Customer shall be responsible for any costs, fees, or penalties incurred due to inaccurate, incomplete, or misleading information provided by the Customer.

14. Freight Charges and Payment

1. Freight charges are determined based on factors such as cargo volume, weight, distance, transportation mode, and any additional services requested by the Customer.
2. The Customer shall pay the freight charges as specified in the quote provided by the Company. Payment terms and methods will be mutually agreed upon between the Customer and the Company.
3. The Customer shall be responsible for any additional charges, fees, or expenses incurred during the transportation process, including but not limited to customs duties, taxes, storage charges, demurrage, or detention charges.
4. For additional terms and conditions related to payment, kindly refer to the terms and conditions provided by e-Ship Pro’s logistics partner.

15. Limited Liability

1. e-Ship Pro's liability is restricted to specific cases and economic limits outlined below, subject to a maximum value equivalent to the goods being transported.
2. Any declarations of value for the goods made in a bill of lading, waybill, or any other document issued by e-Ship Pro’s logistics partnerare mere statements without substance, relevance, or value.e-Ship Procannot verify the accuracy or truthfulness of the declared value by the customer.
3. e-Ship Proassumes liability for delays in delivery only if expressly stipulated in applicable legal regulations. In such cases, e-Ship Pro's liability is determined by those regulations, without exceeding the equivalent compensation agreed upon in the contract with e-Ship Pro. Delivery times provided to the customer are always approximate and subject to the uncertainties of the chosen mode of transportation. If the customer requires a guaranteed delivery within a specific timeframe, this must be explicitly communicated during the transport service contract and confirmed in writing by e-Ship Pro for it to be binding. The customer acknowledges and agrees that the Hague Rules and/or the Hague-Visby Rules do not hold carriers liable for delays. Consequentlye-Ship Proshall not be responsible for any delays.
4. e-Ship Probecomes subrogated to liability arising from incidents or actions during transportation, the assumed liability cannot exceed that of the rail, shipping, road transport, or warehousing companies, or any intermediaries involved in the transportation process. This limitation is in accordance with applicable national regulations and international conventions.
5. These limitations on liability apply to all claims against e-Ship Pro, regardless of whether they are based on contractual or tort liability, and regardless of the form of the claim, including counterclaims, arbitration, amicable claims, or any other legal proceedings.

Clause 16. Payment to e-Ship Pro for Transportation Services and Expenses

1. Unless otherwise agreed upon under special conditions, payment for contracted transportation services, supplies, and associated expenses must be made in advance.
2. All expenses related to the goods are the responsibility of the party contracting the shipment and/or the Customer.
3. If circumstances arise after the contracting date or the issuance of shippingdocuments that result in additional expenses for providing the contracted service, those expenses will be borne by the party contracting the shipment.
4. If the price of shipping services has not been agreed upon in advance, the applicable prices for each service and operation performed will be based on the market rates at the location where the services are provided.
5. The printing of Bills of Lading (BL) at the destination will incur a relevant surcharge applied by the selected shipping company.
6. If there is a need to send original international documentation via courier, this option must be opted for with e-Ship Pro’s logistics partner under additional services and it will involve an additional surcharge.
7. Any unpaid amounts on the due date will accrue legal interest in favor of e-Ship Pro.
8. The party contracting the shipment, as well as the Shipper and Consignee in their capacity as stakeholders in the shipment, shall indemnify the Forwarder or the Carrier against any claim for General Average that may affect their goods. They shall also provide the necessary security.

17. Dispute Resolution

1. Any disputes or claims arising from or related to these Terms shall be resolved amicably through good-faith negotiations between the Customer and the Company.
2. If the parties are unable to resolve the dispute through negotiations, either party may initiate legal proceedings in the appropriate jurisdiction.

18. Amendments and Severability

1. These Terms may be amended or modified by the Company from time to time. The most recent version of the Terms will be available on the Company's website or upon request.
2. If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

19. Entire Agreement

1. These Terms, together with any additional agreements or documents referenced herein, constitute the entire agreement between the Customer and the Company regarding the ocean freight forwarding services provided by e-Ship Pro.
2. By utilizing the services of e-Ship Pro, the Customer acknowledges that they have read, understood, and agreed to be bound by these Terms and Conditions.