Terms & Conditions
These Standard Trading Conditions (TSTC) shall be applied to all services provided, handled, performed or rendered by iFreight VN. ifreight VN is a freight forwarder and / or nonvessel operating company that does not own shipping (NVOCC). These conditions define contractual status of the customer and the company regarding liability, warranty and / or exceptions. The name of other ocean freight forwarding and/or nonvessel operating companies will be disclosed on shipping documents and will act as the principal.
In these conditions, the terms stated below have the following meanings unless they have been otherwise specifically defined:
2.1. 'Company' refers to iFreight VN. iFreight pledges on behalf of the customer submitting the shipping or air-freight arrangement depending on the customer's online orders.
2.2. 'Customer' means any legal entity or person that has a contract with the company accepting the service provided by the company and enjoying the rights and obligations according to the contract, or any legal entity or person having an interest in the contract, including to owner, consignor, shipper, consignee of the goods or their agents. It is the responsibility of the customer to provide notice and copy(s) of these Terms and Conditions of service to all such agents or representatives.
2.3. 'Instructions and documentation' refers to statements of the customer's specific requirements and includes the instructions specified on the website as "Shippers Instructions" and / or on the front of the Company's form of any such type of transport documentation (including the Company's house bill of lading) that will be completed within the customers’ responsibility.
2.4. 'Owner' refers to the owner of the goods (including any containers or equipment other than those provided by the company or carriers) to which any business included under these conditions relates to. This also includes any other person who is or may become interested in them and includes the consignee named on the front of the "Shippers Instructions" and / or on the front of the company's transport documentation (including the company's house bill of lading).
2.5. 'Goods' refers to goods and articles of every kind. Also any container, trailer, tank or pallet (including similar articles of transport used to store or consolidate goods) not supplied by or on behalf of the company.
2.6. 'Dangerous Goods' refers to the goods classified as dangerous goods under international conventions or domestic laws, and including goods that are likely to become dangerous, flammable, radioactive, noxious or damaging. Those shipments are not currently available through the website and iFreight does not allow any customer to book hazardous and perishable goods without written consent.
2.7. 'Third Parties' refers to all parties involved directly or indirectly in the process of shipping. These include carriers, truckmen, cartmen, lightermen, forwarders, insurers, customs brokers, agents, warehousemen and others to which the goods are entrusted for transportation, cartage, handling and / or delivery and / or storage or otherwise.
2.8. 'Unacceptable goods' refer to goods that are deemed unacceptable if:
2.8.1. It is classified as hazardous, dangerous goods, prohibited or restricted by articles of Viet Nam and international law or any applicable government department or other relevant organization.
2.8.2. It contains counterfeit goods, animals, bullion, currency, banderols/tax stickers, bearer form negotiable instruments, precious metals and stones; real or imitation firearms or parts thereof, weapons, explosives or ammunition, human remains, pornography or illegal narcotics/drugs.
2.8.3. It contains any other item which iFreight decides cannot be carried safely, legally or already has it's package damadged.
2.8.4. No customs declaration is provided at the time required by Viet Nam customs.
2.8.5. It is not accepted by the carrier or any party involved in the shipping process as a result of the commodity's contents or a difference in weight as mentioned on the website or at the time of the booking aggreement.
3. Contractual Status of the customer and the company
3.1. The customer entering into any transaction or business with the company hereby expressly confirms that the customer is either the owner or the authorized agent of the owner. This is performed in acceptance of these conditions.
3.2. The party delegated to organize and book transport and all its related activities must take responsibility for all the extra expenses, claims, incidents and misleading information. This party must inform it's parent organisation about these incidents.
4. Obligations of the customer
4.1. The customer warrants that all sufficient measures have been taken to gain a full understanding of the contents of the agreement with the company, and of the documents issued by the company for the customer at the time of concluding or accepting such agreements or documents.
4.2. The customer warrants that each and every one of the instructions given to the company is lawful, valid and performable.
4.3. The customer warrants that the descriptions provided to the company concerning the goods are sufficient and correct.
4.4. In preparing and submitting customs entries, export declarations, applications, security filings, and other required data/procedures, the company relies on the correctness of all documentation, whether in writing or electronic format. For all information furnished by the customer, the customer shall use reasonable care to ensure the correctness of all such information. Customers are responsible for examples of misinformation and does not hold the company responsible for any and all claims asserted and / or liability or losses suffered by reason of the customer’s failure to disclose information or any incorrect, incomplete or false statement.
4.5. The customer warrants that the packing and marking of the goods have met the requirement of it's particular carriage. The customer shall comply with the special requirements demanded by the company at the time of receiving the goods, according to the nature of the goods and the special conditions of the voyage.
4.6. Except under special arrangements previously made in writing, the customer warrants that the goods are not 'dangerous goods' as defined under binding documents such as laws, regulations and international conventions. Should the customer deliver any such goods to the company or cause the company to accept or handle or deal with any such goods other than under special arrangements previously made in writing, the customer shall be liable for all expenses, losses, damages, fines and claims in connection with the goods howsoever arising.
4.7. The customer shall not ask the company to stop carriage, return the goods, change the place of destination or deliver the goods to any other consignee, or dissolve the contract, except when in cases before the company’s principal delivers the goods to the consignee. After that, the customer must returns all bills or transport documents previously issued by the company and shall compensate the company for all the losses caused to the company.
5. Rights and Obligations of the company
5.1. Unless otherwise previously agreed in writing, the company is authorized to enter into contract on its own or on behalf of the customer, without notifying the customer, for the following matters:
5.1.1. Selecting the carrier, mode and route of transport for the goods;
5.1.2. Selecting a method for the storage, packing, unpacking, transshipping and handling of the goods.
5.1.3. Any other arrangements in pursuance of the instructions of the customer or as deemed necessary by the company.
5.2. The company can specify an agent at a destination from its network or from it's carriers’ network under its own agreements without notifying the customer.
5.3. If the delivery of goods is not undertaken by the customer at the time and place agreed between the company and the customer, the company shall be entitled to store the goods or any part thereof at the sole risk of the customer, whereupon any liability which the company may have in respect of the goods or that part thereof stored shall wholly cease.
5.4. Subject to TSTC and in particular to the discretion reserved to the company below, the company shall take all reasonable steps to perform all of the customer's instructions as deemed acceptable by the company.
5.5. If at any stage in the transaction the company should reasonably consider that there is good reason to find that the customer's interests have departed from the initial instructions, the company shall be permitted to do so and shall not incur any additionalliability in consequence of so doing.
6.1. The customer shall not hold the company and its principal responsible for any claims, liabilities, losses, damages, costs or expenses (including taxes, imposts, levies, deposits, fines and outlays of whatsoever nature levied by any authority) arising out of the company acting in accordance with the customer's instructions; or arising from a breach of obligation by the customer; or arising from the customer's inaccurate or incomplete, ambiguous information; or from the negligence of the customer.
6.2. Advice and information in whatever form, as may be given by the company, is provided by the company for the customer only. The customer shall not hold the company responsible for any claims, liabilities, losses, damages, costs and expenses arising in any cases that rely on such advice or information.
7. Solas VGM Requirement
7.1. Effective July 1st 2016; SOLAS (Safety Of Life At Sea), requires that a container can only be loaded on board a vessel once accurate cargo weight has been reported to the carrier moving the container. Reporting the correct weight for Solas VGM (Verified Gross Mass) for a given shipment is the responsibility of the shipper. The company can offer to help obtain Verified Gross mass of the shipment on your behalf but since responsibility for accuracy remains that of shipper, iFreight accepts no responsibility for any inaccuracies in VGM Data provided to us by shippers.
7.2. The customer will have to bear any and all claims, penalties or other losses caused by inaccurate VGM provided to the company.
8. General liability and Limitation of liability
8.1. Except under special arrangements previously made, the company and it's principal shall be relieved of any liability for loss or damage if and to the extent that such loss or damage is caused by:
8.1.1. Acts of omissions by the customer or its agents;
8.1.2. In pursuance of the customer’s instructions;
8.1.3. Improper packing or marking;
8.1.4. Handling, loading, discharging and stowing of the goods by the customer or its representatives;
8.1.5. Inherent defect of the goods;
8.1.6. Any loss, damage, expense or claim arising from risks of nature, strike, commotion, embargo, war, piracy, ionizing radiation or contamination by radioactivity from nuclear fuel or nuclear waste and radioactive, toxic, explosive or other hazardous properties;
8.1.7. Any other cause or event which the company is unable to avoid by following the reponsibility metioned in TSTC.
8.2. Customer shall be responsible for any increase in freight and / or surcharges caused by deviation, delay, warehousing, declaration of gross average, etc., and the average bond of the latter, as a consequence of among others war, epidemics, strikes, government measures or accident at destination.
8.3. If the consignee were to refuse to receive the goods in the place designated for this purpose, but the customer has not made special measures or instructions for this eventuality, the company may deposit them at the expense and risk of the customer. If the cargo is abandoned, the customer will be responsible for all charges to destroy or move the cargo back to it's origin.
8.4. The company and its principal shall not be responsible for any damage or loss received under the control of government facilities, that is customs regulations or government controlled port authorities, warehouses and free trade zones at the destination.
8.5. Where containers, seals or goods are found to be lost or damaged, the representative of the two parties, together with the operator of the conveyance shall be liable for conducting a field survey to make records as a basis for disputing a settlement later. In cases where necessary, the two parties may invite the inspection agency to determine the cause and the loss.
8.6. The company shall not be liable for loss and damage howsoever caused to the property other than the goods themselves, indirect or consequential loss or damage, loss of profit, delay or deviation.
8.7. Except as otherwise provided in TSTC, the liability of the company, in any case, for any error or incident and for whatever reason any loss or damage that can not be explained will not exceed the provisions of Article 8 of Decree No. 140/2007 / ND-CP dated September 5, 2007, for logistics service companies or Article 24 Decree No. 87/2009 / ND-CP dated October 19, 2009, of the Government of the Socialist Republic of Vietnam, for companies providing multi-modal transportation services.