1.1. “Carrier” refers to Pacific International Lines (Private) Limited.
1.2. “Bill of Lading Terms” means 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 https://www.pilship.com.
1.3. “Booking Terms” means the standard booking terms and conditions of the Carrier, a copy of which may be found at the Carrier’s website at https://www.pilship.com.
1.4. “Demurrage” means the sums payable by the Merchant when the Merchant holds the Carrier’s Container(s) inside the terminal, port, or depot beyond the agreed amount of Freetime.
1.5. “Detention” means the sums payable by the Merchant when the Merchant holds the Carrier’s Container(s) outside the terminal, port, or depot beyond the agreed amount of Freetime.
1.6. “Combined Detention and Demurrage” means the sums payable by the Merchant when the Merchant holds the Carrier’s Container(s) beyond the agreed amount of Freetime for the combined period inside and outside the terminal, port, or depot.
1.7. “Freetime” means the period agreed between the Carrier and the Merchant, or the period set out in the Carrier’s applicable tariff(s), for which Demurrage, Detention, and/or Combined Detention and Demurrage, as applicable, shall not be payable by the Merchant.
1.8. “Merchant” has the same meaning set out in the Bill of Lading Terms and Booking Terms. For the purposes of these terms, without prejudice to the Bill of Lading Terms and the Booking Terms, “Merchant” shall include any party purchasing the Product and/or any party confirming an order for the Product with the Carrier.
1.9. “Product” refers to the value-added service whereby the Carrier provides additional Freetime to the Merchant at an agreed additional consideration or prices, applicable at such destinations as the Carrier may determine from time to time, whereby the Merchant may select the package containing the number of such additional days the Merchant requires.
1.10. “Terms and Conditions” means this set of terms and conditions.
1.11. Unless otherwise stated herein, capitalised terms in these Terms and Conditions shall bear the same meaning as in the Bill of Lading Terms, the Booking Terms, and the Carrier’s applicable tariff.
1.12. These Terms and Conditions apply to all purchases of the Product from the Carrier. By purchasing the Product and/or confirming its purchase of the Product with the Carrier, whether through the Carrier’s online platform(s) (including but not limited to the PocketPIL platform and/or any third party platform), email, orally or through any method whatsoever, the Merchant confirms that it has read and accepted these Terms and Conditions and shall be bound by these Terms and Conditions. To the extent required, these Terms and Conditions shall logically amend, vary, and supplement the Bill of Lading Terms and Booking Terms.
2.1. The following Product options are available at such rates as may be provided by the Carrier at the time of purchase:
| Freetime Type | Pack Denomination |
| Combined Detention and Demurrage | 3/7/14/21 Days* |
| Detention | 3/7/14/21 Days* |
*the number of days shall be taken to refer to calendar or working days, in accordance with the applicable tariff at the port of destination and/or the applicable rules or regulations at the port of destination. If not specified in the applicable tariff or in writing by the Carrier, the number of days shall be taken to refer to calendar days.
2.2. The Product shall only be applicable for Freetime at destination. The Product is only available for certain destinations, which the Carrier may change from time to time.
2.3. Save where expressly indicated in writing by the Carrier, the Product is only available for shipments of standard (i) 20’GP containers; (ii) 40’GP containers; and (iii) 40’HC containers. The Carrier may, at its discretion, extend the availability of the Product to other types and/or classes of containers, in which case these Terms and Conditions shall apply with respect to such other types and/or classes of containers with logical amendments.
2.4. The Product only covers Detention or Demurrage charged by the Carrier at destination. For the avoidance of doubt, the Product does not include any costs and charges which the Carrier may be entitled to charge separately, including but not limited to storage costs and/or other local charges valid at time of shipment.
2.5. On the expiry of Freetime at destination, including any additional Freetime the Merchant is entitled to by purchasing the Product, the Carrier’s applicable tariff(s) at destination shall apply.
3.1. Unless otherwise agreed by the Carrier in writing, the Merchant may only purchase one pack for each booking placed with the Carrier. Products are not transferrable and a Product purchased for one booking shall not be transferred to another booking.
3.2. Upon the Merchant’s confirmation of the purchase of a Product with the Carrier, Products are not refundable and cannot be cancelled. In the event any part of any Product purchased remains unused or if there is any unused purchased Freetime, the Merchant acknowledges that it shall not be entitled to a refund of any part of the Product.
3.3. Unless expressly agreed by the Carrier in writing, Product(s) may only be purchased not less than 7 days prior to the estimated time of arrival (ETA) of the relevant vessel at port of discharge. Subject to Clause 3.2, the Carrier may at the request of the Merchant allow the removal, addition, or amendment of such additional Freetime, but no such removal, addition, or amendment shall be allowed beyond the date falling 7 days prior to the ETA of the relevant vessel at the port of discharge.
3.4. Full payment of any Product purchased shall be made in accordance with the payment terms stipulated in the Carrier’s invoice. In the event full payment has not been made within the stipulated deadline, the Merchant is not entitled any additional Freetime pursuant to the unpaid Product and that the Carrier’s applicable tariffs shall continue to apply.
3.5. Rates provided are quoted on the basis of the package and destination requested and/or declared by the Merchant at the time of purchase. Where the Merchant requests for a change of destination or other changes in the package, the Carrier reserves the right to revise any rates due pursuant to such requests for amendment. The Product and any additional Freetime purchased thereto is non-refundable and non-transferrable to the new destination requested.
3.6. Notwithstanding any provision herein, the Carrier is not bound to offer or sell any Product to the Merchant and may in its sole discretion refuse to offer or sell any Product to the Merchant.
4.1. Singapore law shall apply to these Terms and Conditions.
4.2. The Merchant irrevocably agrees that any and all disputes arising out of or in connection with the contract relating to the Product (including these Terms and Conditions), including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration seated in Singapore in accordance with the Arbitration Rules of the Singapore Chamber of Maritime Arbitration current at the commencement of the arbitration, which rules are deemed to be incorporated by reference in this clause.
Notwithstanding the above, nothing in this clause limits the right of the Carrier to bring proceedings, including third party proceedings, against the Merchant in any other court of competent jurisdiction or arbitral tribunal, and the bringing or continuing of proceedings in any one or more jurisdictions shall not preclude the bringing of proceedings in any other jurisdiction, whether concurrently or not, if and to the extent permitted by applicable law.
4.3. The Carrier reserves the right to modify these Terms and Conditions without prior notice to the Merchant.
1.1. “Bill of Lading Terms” means 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 https://www.pilship.com.
1.2. “Booking Terms” means the standard booking terms and conditions of the Carrier, a copy of which may be found at the Carrier’s website at https://www.pilship.com.
1.3. “Covered Container” means a Container supplied by or on behalf of the Carrier for which the Product has been purchased by the Merchant.
1.4. “Covered Limit” means the limit of protection applicable to the Covered Container, as set out in these Terms and Conditions or as set forth at the Carrier’s website at https://www.pilship.com.
1.5. “Merchant” has the same meaning set out in the Bill of Lading Terms and Booking Terms. For the purposes of these Terms and Conditions, without prejudice to the Bill of Lading Terms and the Booking Terms, “Merchant” shall include any party purchasing the Product.
1.6. “Product” or “Container Shield” refers to the value-added service whereby the Carrier agrees to release the Merchant from liability accruing to the Merchant not exceeding the Covered Limit for any loss or damage to the Covered Container under the Bill of Lading Terms and/or the Booking Terms, subject to these Terms and Conditions.
1.7. “Terms and Conditions” means this set of terms and conditions.
1.8. Unless otherwise stated herein, capitalised terms in these Terms and Conditions shall bear the same meaning as in the Bill of Lading Terms, the Booking Terms, and the Carrier’s applicable tariff.
1.9. These Terms and Conditions apply to all purchases of the Product from the Carrier. By purchasing the Product and/or confirming its purchase of the Product with the Carrier, whether through the Carrier’s online platform(s) (including but not limited to the PocketPIL! platform and/or any third party platform), email, orally or through any method whatsoever, the Merchant confirms that it has read and accepted these Terms and Conditions and shall be bound by these Terms and Conditions. To the extent required, these Terms and Conditions shall logically amend, vary, and supplement the Bill of Lading Terms and Booking Terms.
2.1. Where the Product is purchased, notwithstanding the Bill of Lading Terms or the Booking Terms, the Merchant shall not be liable for any loss of and/or damage to the Covered Container or any costs of ensuring that a Covered Container is clean or odour-free, to the extent that the total of such loss, damage or costs does not exceed the Covered Limit. The Merchant shall remain responsible and shall indemnify the Carrier for such costs, loss and/or damage in excess of the Covered Limit.
2.2. For the purposes of these Terms and Conditions, the calculation and assessment of loss and/or damage to the Covered Container and any recovery of costs shall be determined following the same procedure for any Container under the Bill of Lading Terms, as if the Merchant had not purchased the Product.
2.3. Nothing in these Terms and Conditions shall be construed as giving the Merchant a right or title to possess or own the Covered Container, even if the Covered Container has been lost or has suffered such damage that would render repair impossible or impractical or if the cost of repair would be greater than the value of the Covered Container. For the avoidance of doubt, the Carrier is not bound to perform repairs in any specific location and the location of any repairs performed or to be performed remains at the sole discretion of the Carrier. The Merchant shall remain bound to return the Covered Container, and any parts thereof, to the Carrier.
2.4. The Merchant’s entitlement to enjoy the benefits of the Product set out in these Terms and Conditions is subject to the Merchant exercising reasonable endeavours at all times to prevent or minimise loss of and/or damage to any Covered Container. Without prejudice to the generality of the foregoing, the Merchant agrees and acknowledges that save as expressly set out in these Terms and Conditions, there shall be no reduction of the Merchant’s responsibilities under the Bill of Lading Terms and Booking Terms.
2.5. For the avoidance of doubt, the Product does not exclude the Merchant’s liability for any detention, demurrage, storage, or other charges arising out of or in relation to the Covered Container that the Merchant may be liable for under the Bill of Lading Terms and/or Booking Terms.
3.1. Time of purchase and duration of cover. The Product must be purchased prior to the delivery of the Container to, or receipt of the Container by, the Merchant or its nominee. The validity of the Product for the Covered Container shall commence from the time the Covered Container is delivered to or received by the Merchant or its nominee, until the time the Covered Container is redelivered to the Carrier.
3.2. Payment. Full payment must be made in accordance with the payment terms stipulated in the Carrier’s invoice, and save where expressly authorised by the Carrier, in any event no later than the delivery of the Container to, or receipt of the Container by, the Merchant or its nominee. In the event full payment has not been made within the foregoing deadline, the Merchant is not entitled to any benefit of the Product.
3.3. Purchase to be made for entire booking. Unless otherwise agreed by the Carrier in writing, purchase of the Product must be made for all Containers in each booking placed with the Carrier, with the same Covered Limit to apply for all Containers in the same booking.
3.4. Eligibility of Containers. Save where expressly indicated in writing by the Carrier, the Product is only available for standard (i) 20’GP containers; (ii) 40’GP containers; and (iii) 40’HC containers. The Carrier may, at its discretion, extend the availability of the Product to other types and/or classes of containers, in which case these Terms and Conditions shall apply with respect to such other types and/or classes of containers with logical amendments.
3.5. Restricted cargo not allowed. Unless expressly authorised in writing by the Carrier, the Product shall not be purchased for Containers carrying Goods within the Carrier’s exclusion list, regardless of the description on the Bill of Lading or Booking Confirmation.
3.6. Non-refundable. Upon the Merchant’s confirmation of the purchase of a Product with the Carrier, Products are not refundable and cannot be cancelled. The Product shall not be refundable in any circumstances, whether or not there is any loss and/or damage to the Covered Container and the Merchant acknowledges accordingly that it shall not be entitled to a refund of any part of the Product.
3.7. Notwithstanding any provision herein, the Carrier is not bound to offer or sell any Product to the Merchant and may in its sole discretion refuse to offer or sell any Product to the Merchant.
4.1. Misdeclarations. The Product shall not apply to any shipment where there has been any misdeclaration, whether material or not, including but not limited to incorrect/partial declarations, late declarations, alteration or omission of such declarations, of the Goods, including without limitation misdeclarations as to the nature, particulars, weight, or verified gross mass of the Goods.
4.2. Wilful misconduct and negligence. The Product shall not apply in relation to any loss and/or damage arising out of or in relation to any wilful misconduct or negligence by the Merchant, its agents, and/or nominees, including but not limited to any intentional or deliberate act or omission and/or any breach by the Merchant of the Bill of Lading Terms and/or Booking Terms.
5.1. Singapore law shall apply to these Terms and Conditions.
5.2. The Merchant irrevocably agrees that any and all disputes arising out of or in connection with the contract relating to the Product (including these Terms and Conditions), including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration seated in Singapore in accordance with the Arbitration Rules of the Singapore Chamber of Maritime Arbitration current at the commencement of the arbitration, which rules are deemed to be incorporated by reference in this clause.
Notwithstanding the above, nothing in this clause limits the right of the Carrier to bring proceedings, including third party proceedings, against the Merchant in any other court of competent jurisdiction or arbitral tribunal, and the bringing or continuing of proceedings in any one or more jurisdictions shall not preclude the bringing of proceedings in any other jurisdiction, whether concurrently or not, if and to the extent permitted by applicable law.
5.3. The Carrier reserves the right to modify these Terms and Conditions without prior notice to the Merchant.
1.1. “Bill of Lading Terms” means 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 https://www.pilship.com.
1.2. “Booking Terms” means the standard booking terms and conditions of the Carrier, a copy of which may be found at the Carrier’s website at https://www.pilship.com.
1.3. “First Availability Date” means the date falling prior to a certain number of days from the estimated time of arrival of the vessel at the Port of Loading as set out in the Booking Confirmation, as further defined in clause 2.2 of these Terms and Conditions, which shall be the earliest date from which the Carrier is to make the Container available to the Merchant where the Product has been purchased.
1.4. “Merchant” has the same meaning set out in the Bill of Lading Terms and Booking Terms. For the purposes of these Terms and Conditions, without prejudice to the Bill of Lading Terms and the Booking Terms, “Merchant” shall include any party purchasing the Product.
1.5. “Pick Up Location” shall have the meaning set out in clause 2.1 of these Terms and Conditions.
1.6. “Price” means the rate payable by the Merchant for the Product, as assessed on the basis of each Container.
1.7. “Product” or “EQ Assurance” refers to the value-added service known as “EQ Assurance Base” or “EQ Assurance Advance”, whereby the Carrier agrees to provide the Merchant with the Container indicated in the Booking Confirmation or a reasonable alternative, subject to the Bill of Lading Terms, Booking Terms, and these Terms and Conditions.
1.8. “Terms and Conditions” means this set of terms and conditions.
1.9. Unless otherwise stated herein, capitalised terms in these Terms and Conditions shall bear the same meaning as in the Bill of Lading Terms, the Booking Terms, and the Carrier’s applicable tariff.
1.10. These Terms and Conditions apply to all purchases of the Product from the Carrier. By purchasing the Product and/or confirming its purchase of the Product with the Carrier, whether through the Carrier’s online platform(s) (including but not limited to the PocketPIL! platform and/or any third party platform), email, orally or through any method whatsoever, the Merchant confirms that it has read and accepted these Terms and Conditions and shall be bound by these Terms and Conditions. To the extent required, these Terms and Conditions shall logically amend, vary, and supplement the Bill of Lading Terms and Booking Terms.
2.1. Where the Product is purchased, notwithstanding the Bill of Lading Terms or the Booking Terms, the Carrier commits to providing the Container expressly confirmed in the Booking Confirmation to the Merchant, in accordance with the following terms:
2.1.1. The Carrier shall make the Container available at the location stated in the Booking Confirmation (the “Pick Up Location”). Where a location is not specified in the Booking Confirmation, the Carrier shall provide a location at which the Container will be made available thereafter, in which case, such location shall be deemed as the Pick Up Location.
2.1.2. The Carrier shall make the Container available on a date on or after the equipment release date stated in the Booking Confirmation, subject to the terms applicable to the particular Product purchased by the Merchant, as further described in clause 2.2 of these Terms and Conditions.
2.2. The Product shall be classified into two types, set out as follows:
EQ Assurance Base | EQ Assurance Advance |
The Carrier shall make the Container available at the Pick Up Location during the period between the First Availability Date until the date of the estimated time of arrival of the vessel at the Port of Loading as indicated on the Booking Confirmation.
The First Availability Date for EQ Assurance Base shall be the date falling seven (7) days prior to the estimated time of arrival of the vessel at the Port of Loading as indicated in the Booking Confirmation.
| The Carrier shall make the Container available at the Pick Up Location during the period between the First Availability Date until the date of the estimated time of arrival of the vessel at the Port of Loading as indicated on the Booking Confirmation.
The First Availability Date for EQ Assurance Advance shall be the date falling ten (10) days prior to the estimated time of arrival of the vessel at the Port of Loading as indicated in the Booking Confirmation.
Where EQ Assurance Advance has been purchased by the Merchant, the Merchant may nominate a preferred date to pick up the Container at the Pick Up Location, such date to be no earlier than the First Availability Date and no later than the date of the estimated time of arrival of the vessel at the Port of Loading as indicated on the Booking Confirmation. For the avoidance of doubt, while the Carrier shall endeavour to make the Container available to the Merchant on the Merchant’s preferred date, the Carrier shall not be bound by the Merchant’s nomination and may provide a different date to the Merchant.
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2.3. Notwithstanding the foregoing, the Carrier may at its discretion revise the First Availability Date for EQ Assurance Base and EQ Assurance Advance to such other period as the Carrier may determine, in which case the revised First Availability Date shall apply. The Carrier shall be bound by the First Availability Date prevailing or quoted to the Merchant at the time of placement of the Merchant’s booking of the Product.
2.4. Notwithstanding the foregoing, the Carrier reserves the right to amend the Pick Up Location if circumstances require, including but not limited to operational constraints or equipment availability. In such a case, the Carrier shall notify the merchant of the revised location as soon as reasonably practicable, which shall where possible be within reasonable proximity to the original Pick Up Location.
2.5. Where the Merchant has requested to purchase and/or purchases EQ Assurance Base, the Merchant may at any time before the First Availability Date upgrade to EQ Assurance Advance, subject to the payment of any additional charges that may apply in accordance with these Terms and Conditions. Where the Merchant has purchased or requested to purchase EQ Assurance Advance, the Merchant may not at any time thereafter require or request for a downgrade to EQ Assurance Base, save where expressly accepted in writing by the Carrier.
2.6. In the event the Carrier and the Merchant agree on a Pick Up Location for the Container which differs from the location stated in the Booking Confirmation, the Merchant shall be responsible for any additional charges that may apply for the delivery or collection of the Container at those new locations, including any costs of making the Container available at the said new locations.
2.7. The Container within the scope of the Product shall only include 20’ and 40’ dry containers, unless expressly agreed by the Carrier in writing. The Carrier shall not in any way be obliged to provide any special grade containers, including but not limited to food/dairy, flat racks, reefers, and flexitanks, pursuant to the Product. The Carrier may, at its discretion, extend the availability of the Product to other types and/or classes of containers, in which case these Terms and Conditions shall apply with respect to such other types and/or classes of containers with logical amendments.
2.8. In the event the Carrier fails to make the Container (or a reasonable alternative) available, the Carrier shall provide a full refund of the Price for such Container that the Carrier has failed to make available. The Merchant acknowledges that this shall be its sole and exclusive remedy for the Carrier’s failure to provide the Container (or a reasonable alternative) in accordance with the Booking Confirmation and the Carrier shall not be liable in any way whatsoever, including but not limited to indirect and consequential damages. The Carrier’s provision of the Product shall be without prejudice to its rights and defences set out in the Booking Terms and Bill of Lading Terms, save as expressly amended herein.
3.1. Time of purchase and duration of cover. The Product may be purchased at the time the booking is placed with the Carrier or at any time after the issuance of the Booking Confirmation, but must be purchased no later than the day before the relevant First Availability Date.
3.2. Payment. Full payment of the Price must be made in accordance with the payment terms stipulated in the Carrier’s invoice, and save where expressly authorised by the Carrier, in any event no later than the time the Container is made available for pick up to the Merchant or its nominee. In the event full payment has not been made within the foregoing deadline, the Merchant is not entitled to any benefit of the Product.
3.3. Purchase to be made for entire booking. Unless otherwise agreed by the Carrier in writing, purchase of the Product must be made for all Container(s) in the Booking Confirmation placed with the Carrier.
3.4. Cancellation. In the event the Merchant cancels its purchase of any part of the Product at any time after the issuance of the Booking Confirmation, the Merchant shall be liable to pay a cancellation fee assessed on each Container so affected by the cancellation, in accordance with the Carrier’s prevailing tariffs.
3.5. Amendment of purchase. Rates quoted and provided to the Merchant at the time of purchase are on the basis of the requirements and details set out in the Booking Confirmation. Where the Merchant requests for any amendment, the Carrier reserves the right to revise any rates due pursuant to such requests for amendment.
3.6. Refunds. Upon the Merchant’s request to the Carrier for the purchase of a Product, Products are not refundable and cannot be cancelled. The Product shall not be refundable in any circumstances whatsoever and the Merchant acknowledges accordingly that it shall not be entitled to a refund of any part of the Product.
3.7. Notwithstanding any provision herein, the Carrier is not bound to offer or sell any Product to the Merchant and may in its sole discretion refuse to offer or sell any Product to the Merchant.
4.1. The Carrier shall not be liable for any failure to make Container available and/or shall have the right to refuse the provision of the Product notwithstanding the Merchant’s purchase of the Product where:
4.1.1. there has been any misdeclaration, whether material or not, including but not limited to incorrect/partial declarations, late declarations, alteration or omission of such declarations, of the Goods, including without limitation misdeclarations as to the nature, particulars, weight, or verified gross mass of the Goods;
4.1.2. the Merchant is in breach or default of these Terms and Conditions, the Booking Terms, the Bill of Lading Terms, and/or any other terms and conditions that may apply or are as agreed between the Merchant and the Carrier, where such breach or default may affect the Carrier’s ability to comply with its obligations in providing the Product;
4.1.3. there is an event of Force Majeure affecting the Carrier’s ability to comply with its obligations in providing the Product; or
4.1.4. any other reason beyond the Carrier’s control, including but not limited to operational reasons such as but not limited to port congestions, blank sailings, and omissions of scheduled calls at any relevant port.
5.1. Singapore law shall apply to these Terms and Conditions.
5.2. The Merchant irrevocably agrees that any and all disputes arising out of or in connection with the contract relating to the Product (including these Terms and Conditions), including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration seated in Singapore in accordance with the Arbitration Rules of the Singapore Chamber of Maritime Arbitration current at the commencement of the arbitration, which rules are deemed to be incorporated by reference in this clause.
Notwithstanding the above, nothing in this clause limits the right of the Carrier to bring proceedings, including third party proceedings, against the Merchant in any other court of competent jurisdiction or arbitral tribunal, and the bringing or continuing of proceedings in any one or more jurisdictions shall not preclude the bringing of proceedings in any other jurisdiction, whether concurrently or not, if and to the extent permitted by applicable law.
5.3. The Carrier reserves the right to modify these Terms and Conditions without prior notice to the Merchant.
1.1. “Bill of Lading Terms” means 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 https://www.pilship.com.
1.2. “Booking Terms” means the standard booking terms and conditions of the Carrier, a copy of which may be found at the Carrier’s website at https://www.pilship.com.
1.3. “Cut-Off Time” means the date falling prior to a certain number of days from the estimated time of arrival of the vessel at the Port of Loading as set out in the Booking Confirmation, or such date as may be stipulated by the Carrier, prior to which the Merchant must deliver the Container into the custody of the Carrier.
1.4. “EQ Assurance Product” means the value-added service known as “EQ Assurance Base” or “EQ Assurance Advance” offered by the Carrier.
1.5. “EQ Guarantee Product Terms” means the terms and conditions applicable to the EQ Guarantee Product, which may be found at the Carrier’s website at https://www.pilship.com.
1.6. “Latest Purchase Date” means the date falling prior to a certain number of days from the estimated time of arrival of the vessel at the Port of Loading as set out in the Booking Confirmation, or such date as may be stipulated by the Carrier, prior to which the Merchant must submit and confirm its purchase of the Product to the Carrier.
1.7. “Merchant” has the same meaning set out in the Bill of Lading Terms and Booking Terms. For the purposes of these Terms and Conditions, without prejudice to the Bill of Lading Terms and the Booking Terms, “Merchant” shall include any party purchasing the Product.
1.8. “Price” means the rate payable by the Merchant for the Product.
1.9. “Product” or “No Roll” refers to the value-added service whereby the Carrier agrees to load the Container onto the specified vessel as booked by the Merchant, subject to the Bill of Lading Terms, Booking Terms, and these Terms and Conditions. As further detailed in clause 2.1 of these Terms and Conditions, while the Product comes bundled with the EQ Assurance Product, references to the Product in these Terms and Conditions shall only be treated as a reference to the No Roll component.
1.10. “Terms and Conditions” means this set of terms and conditions.
1.11. Unless otherwise stated herein, capitalised terms in these Terms and Conditions shall bear the same meaning as in the Bill of Lading Terms, the Booking Terms, and the Carrier’s applicable tariff.
1.12. These Terms and Conditions apply to all purchases of the Product from the Carrier. By purchasing the Product and/or confirming its purchase of the Product with the Carrier, whether through the Carrier’s online platform(s) (including but not limited to the PocketPIL! platform and/or any third party platform), email, orally or through any method whatsoever, the Merchant confirms that it has read and accepted these Terms and Conditions and shall be bound by these Terms and Conditions. To the extent required, these Terms and Conditions shall logically amend, vary, and supplement the Bill of Lading Terms and Booking Terms.
2.1. The purchase of this Product comes with an automatic provision of the EQ Assurance Product to the Merchant, at no additional cost to the Merchant. The Merchant will only be required to pay the Price for this Product. The Merchant may not opt out of its enrolment into the corresponding EQ Assurance Product. For the avoidance of doubt, the EQ Assurance Product Terms shall continue to apply to the EQ Assurance Product bundled with this Product and provided by the Carrier to the Merchant, notwithstanding that the Merchant may not have paid the Carrier’s applicable tariff for the corresponding EQ Assurance Product. These Terms and Conditions shall only apply to the Merchant’s purchase of No Roll.
2.2. Where the Merchant has purchased this Product but fails to pick up the Container in accordance with the EQ Assurance Product Terms, the Carrier reserves the right to cancel the Merchant’s purchase of the corresponding No Roll. In such a case, the Merchant shall not be entitled to a refund of the Price (or any part thereof).
2.3. Where the Product is purchased, notwithstanding the Bill of Lading Terms or the Booking Terms, subject to these Terms and Conditions, the Carrier commits to loading the Container onto:
2.3.1. the specified vessel i.e. the first leg ocean-going vessel as set out in the Booking Confirmation; or
2.3.2. an alternative vessel (first leg ocean-going vessel), provided that the said alternative vessel’s departure date is within (i) two (2) days after the Container has been rolled from the vessel specified in clause 2.2.1 of these Terms and Conditions; or (ii) two (2) days before the estimated date of departure of the vessel specified in clause 2.2.1 of these Terms and Conditions.
2.3.3. For the avoidance of doubt, in the event the Container is loaded but the departure of the vessel is delayed or brought forward for any reason whatsoever, but with the Container loaded onboard, the Carrier shall not be deemed to have failed to load the Container in accordance with this clause 2.2.
2.4. To be entitled to the benefit of the Product, the Merchant acknowledges and agrees that the Container(s) are to be delivered to the Carrier before the Cut-Off Time. The Merchant acknowledges that the Cut-Off Time may differ depending on the Port of Loading and the Cut-Off Time applicable to each Port of Loading may be determined by that Port of Loading. The Carrier’s provision of the Cut-Off Time at the time of booking by the Merchant is based on such information available to the Carrier at that time. The Merchant accordingly acknowledges that the Carrier may at its discretion revise the Cut-Off Time to such other period as the Carrier may determine, in which case the revised Cut-Off Time shall apply.
2.5. The Container(s) within the scope of the Product shall only include dry containers, which shall not contain Goods falling within the description set out in Clause 23 (Dangerous Goods) of the Bill of Lading Terms. Cover shall not be provided for any other Containers or such Goods unless expressly agreed by the Carrier in writing. The Carrier may, at its discretion, extend the availability of the Product to other types and/or classes of containers and/or Goods, in which case these Terms and Conditions shall apply with respect to such other types and/or classes of containers and/or Goods with logical amendments.
2.6. In the event the Carrier fails to load the Container in accordance with clause 2.2 of these Terms and Conditions, the Carrier shall provide a full refund of the Price for such Containers the Carrier is unable to load. For the avoidance of doubt, only one refund shall be paid for each Container regardless of the number of times a Container is rolled after the Carrier’s initial failure to load the Container in accordance with clause 2.2 of these Terms and Conditions. The Merchant acknowledges that this shall be its sole and exclusive remedy for the Carrier’s failure in this regard and the Carrier shall not be liable in any way whatsoever, including but not limited to indirect and consequential damages. The Carrier’s provision of the Product shall be without prejudice to its rights and defences set out in the Booking Terms and Bill of Lading Terms, save as expressly amended herein.
2.7. In providing the Product, the Carrier only commits to the loading set out in clause 2.2 of these Terms and Conditions. Any dates and times indicated on the Booking Confirmation or otherwise provided by the Carrier are provided as the best reasonable estimate but subject to changes. The Carrier does not undertake that the Container(s) shall be loaded at any particular time or date and the Carrier’s provision of the Product under these Terms and Conditions remain subject to Clause 7.3 (Delay) of the Bill of Lading Terms.
3.1. Time of purchase and duration of cover. The Product may be purchased by the Merchant at any time prior to the Latest Purchase Date.
3.2. Payment. Full payment of the Price must be made in accordance with the payment terms stipulated in the Carrier’s invoice, and save where expressly authorised by the Carrier, in any event no later than the Latest Purchase Date. In the event full payment has not been made within the foregoing deadline, the Merchant is not entitled to any benefit of the Product.
3.3. Purchase to be made for entire booking. Unless otherwise agreed by the Carrier in writing, purchase of the Product must be made for all Container(s) in the Booking Confirmation placed with the Carrier.
3.4. Cancellation. In the event of cancellation of the Merchant’s purchase of any part of the Product at any time after the Carrier’s confirmation of the purchase for any reason whatsoever, even if the cancellation is initiated by the Carrier in accordance with these Terms and Conditions, the Merchant shall be liable to pay a cancellation fee assessed on each Container so affected by the cancellation, in accordance with the Carrier’s prevailing tariffs.
3.5. Amendment of purchase. Rates quoted and provided to the Merchant at the time of purchase are on the basis of the requirements and details set out in the Booking Confirmation. Upon the Carrier’s confirmation of the Merchant’s of the Product, there shall be no amendments to the purchased Product or the Booking Confirmation. In the event of any change requested by the Merchant, the Carrier may at its option (i) accept the amendment subject to the Merchant’s payment of such costs or tariffs applicable; or (ii) cancel the Merchant’s purchase of the Product, in which case the Merchant shall not be entitled to a refund of the Price.
3.6. Refunds. The Merchant shall be entitled to a refund of the Price where it cancels its purchase of the Product no later than seven (7) days before the estimated time of the vessel’s arrival at the Port of Loading. Save for the foregoing, Products purchased are not refundable in any circumstances whatsoever and the Merchant acknowledges accordingly that it shall not be entitled to a refund of any part of the Product.
3.7. Notwithstanding any provision herein, the Carrier is not bound to offer or sell any Product to the Merchant and may in its sole discretion refuse to offer or sell any Product to the Merchant.
4.1. The Carrier shall not be liable for any failure to load (and consequently shall not be liable to give a refund) and/or shall have the right to refuse the provision of the Product notwithstanding the Merchant’s purchase of the Product where:
4.1.1. there has been any misdeclaration, whether material or not, including but not limited to incorrect/partial declarations, late declarations, alteration or omission of such declarations, of the Goods, including without limitation misdeclarations as to the nature, particulars, weight, or verified gross mass of the Goods;
4.1.2. the Merchant is in breach or default of these Terms and Conditions, the Booking Terms, the Bill of Lading Terms, and/or any other terms and conditions that may apply or are as agreed between the Merchant and the Carrier, where such breach or default may affect the Carrier’s ability to comply with its obligations in providing the Product;
4.1.3. there is an event of Force Majeure affecting the Carrier’s ability to comply with its obligations in providing the Product;
4.1.4. any other reason beyond the Carrier’s control, including but not limited to operational reasons such as but not limited to port congestions, vessel breakdowns, blank sailings, and omissions of scheduled calls at any relevant port; or
4.1.5. the late gate-in of the Container(s) or the provision of the Container(s) to the Carrier after the Cut-Off Time.
5.1. Singapore law shall apply to these Terms and Conditions.
5.2. The Merchant irrevocably agrees that any and all disputes arising out of or in connection with the contract relating to the Product (including these Terms and Conditions), including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration seated in Singapore in accordance with the Arbitration Rules of the Singapore Chamber of Maritime Arbitration current at the commencement of the arbitration, which rules are deemed to be incorporated by reference in this clause.
Notwithstanding the above, nothing in this clause limits the right of the Carrier to bring proceedings, including third party proceedings, against the Merchant in any other court of competent jurisdiction or arbitral tribunal, and the bringing or continuing of proceedings in any one or more jurisdictions shall not preclude the bringing of proceedings in any other jurisdiction, whether concurrently or not, if and to the extent permitted by applicable law.
5.3. The Carrier reserves the right to modify these Terms and Conditions without prior notice to the Merchant.
1.1. “Bill of Lading Terms” means 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 https://www.pilship.com.
1.2. “Booking Terms” means the standard booking terms and conditions of the Carrier, a copy of which may be found at the Carrier’s website at https://www.pilship.com.
1.3. “Cut-Off Time” means the date falling prior to a certain number of days from the estimated time of arrival of the vessel at the Port of Loading as set out in the Booking Confirmation, or such date as may be stipulated by the Carrier, prior to which the Merchant must deliver the Container into the custody of the Carrier.
1.4. “EQ Assurance Product” means the value-added service known as “EQ Assurance Base” or “EQ Assurance Advance” offered by the Carrier.
1.5. “EQ Guarantee Product Terms” means the terms and conditions applicable to the EQ Guarantee Product, which may be found at the Carrier’s website at https://www.pilship.com.
1.6. “Latest Purchase Date” means the date falling prior to a certain number of days from the estimated time of arrival of the vessel at the Port of Loading as set out in the Booking Confirmation, or such date as may be stipulated by the Carrier, prior to which the Merchant must submit and confirm its purchase of the Product to the Carrier.
1.7. “Merchant” has the same meaning set out in the Bill of Lading Terms and Booking Terms. For the purposes of these Terms and Conditions, without prejudice to the Bill of Lading Terms and the Booking Terms, “Merchant” shall include any party purchasing the Product.
1.8. “Price” means the rate payable by the Merchant for the Product.
1.9. “Product” or “No Roll” refers to the value-added service whereby the Carrier agrees to load the Container onto the specified vessel as booked by the Merchant, subject to the Bill of Lading Terms, Booking Terms, and these Terms and Conditions. As further detailed in clause 2.1 of these Terms and Conditions, while the Product comes bundled with the EQ Assurance Product, references to the Product in these Terms and Conditions shall only be treated as a reference to the No Roll component.
1.10. “Terms and Conditions” means this set of terms and conditions.
1.11. Unless otherwise stated herein, capitalised terms in these Terms and Conditions shall bear the same meaning as in the Bill of Lading Terms, the Booking Terms, and the Carrier’s applicable tariff.
1.12. These Terms and Conditions apply to all purchases of the Product from the Carrier. By purchasing the Product and/or confirming its purchase of the Product with the Carrier, whether through the Carrier’s online platform(s) (including but not limited to the PocketPIL! platform and/or any third party platform), email, orally or through any method whatsoever, the Merchant confirms that it has read and accepted these Terms and Conditions and shall be bound by these Terms and Conditions. To the extent required, these Terms and Conditions shall logically amend, vary, and supplement the Bill of Lading Terms and Booking Terms.
2.1. Unless otherwise agreed by the Carrier, the Service is available only to registered users of the Carrier’s online platform and shall only be available to such routes or for such services as may be determined by the Carrier.
2.2. A Merchant may utilise the Service by selecting the appropriate option when requesting for a quotation through the Carrier’s online platform. A quotation provided by the Carrier pursuant to the Service shall be valid for a period of one (1) hour from the time the Carrier issues the quotation on its online platform. If accepted by the Merchant during this period of validity, the terms of the quotation shall be binding on the Merchant and the Carrier, subject to these Terms and Conditions, and the Carrier shall issue a Booking Confirmation thereafter. On the expiry of the said period of validity, the quotation shall no longer be available for acceptance by the Merchant and the Carrier shall not be obliged in any way to provide an extension of time.
2.3. A quotation provided by the Carrier pursuant to the Service is based on the information provided by the Merchant at the time of placing the booking, including but not limited to the weight, commodities, equipment requested, Port of Loading, Port of Discharge, Place of Receipt, and Place of Delivery. In the event of any changes in the information provided by the Merchant, the Carrier reserves the right to cancel any Booking Confirmation and/or amend the rates provided to the Merchant. Notwithstanding the foregoing, the Carrier may at its discretion allow the following changes to the Booking Confirmation without amendment to the rates previously provided:
2.3.1. Changes to the details of the shipper, consignee, or notify party.
2.3.2. Changes to the cargo description, excluding any changes to the (i) dimensions, or (ii) nature of the cargo, where amendments to the nature of the cargo require different Equipment to be provided for its carriage.
2.3.3. Changes to the location at which the Merchant will pick up the Equipment.
2.3.4. Changes to the weight of the cargo declared, provided always that the change is not more than three (3) tonnes, does not trigger any applicable heavy lift surcharges, and does not require a change of Equipment required for the carriage of the cargo.
2.4. Rates provided by the Carrier at the time of booking have been calculated on the current tariffs, rates, charges, surcharges, and exchange rates at the time of the booking. Notwithstanding the confirmation of rates on the Booking Confirmation, the Merchant acknowledges that the rates provided remain subject to all applicable charges, surcharges, and adjustments in accordance with the Carrier’s applicable tariffs, Bill of Lading Terms, and Booking Terms.
2.5. Cancellation of any Booking Confirmation made pursuant to the Service must be done no later than 10 days prior to the estimated time of arrival of the relevant Vessel at the relevant Port of Loading. Any cancellation of booking after the stipulated deadline shall be subject to a cancellation fee as may be determined by the Carrier from time to time.
2.6. These Terms and Conditions are without prejudice to the Carrier’s Booking Terms and Bill of Lading Terms. The Carrier does not guarantee the provision of any equipment or space for the Merchant’s booking, subject to the Merchant’s purchase of other value-added services offered by the Carrier.
2.7. Notwithstanding any provision herein, the Carrier is not bound to offer the Service to the Merchant and may in its sole discretion refuse to offer the Service to the Merchant or amend any terms for its provision of the Service.
3.1. Singapore law shall apply to these Terms and Conditions.
3.2. The Merchant irrevocably agrees that any and all disputes arising out of or in connection with the contract relating to the Service (including these Terms and Conditions), including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration seated in Singapore in accordance with the Arbitration Rules of the Singapore Chamber of Maritime Arbitration current at the commencement of the arbitration, which rules are deemed to be incorporated by reference in this clause.
Notwithstanding the above, nothing in this clause limits the right of the Carrier to bring proceedings, including third party proceedings, against the Merchant in any other court of competent jurisdiction or arbitral tribunal, and the bringing or continuing of proceedings in any one or more jurisdictions shall not preclude the bringing of proceedings in any other jurisdiction, whether concurrently or not, if and to the extent permitted by applicable law.
3.3. The Carrier reserves the right to modify these Terms and Conditions without prior notice to the Merchant.