cosco shipping lines (germany) gmbh terms... · 2020. 5. 13. · in case of any over-heights,...

中远海运集运 (德国) 有限公司

COSCO SHIPPING Lines (Germany) GmbH

Terms and Conditions Germany

Valid January 1st 2020 to June 30th 2020

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TRANSPORT CONDITIONS

1. General 2. Special goods categories

2.1. Carriage of goods subject to prohibition and restriction 2.2. Goods subject to compulsory presentation

3. Order data of transport orders 4. Cancellation fee 5. Cost T1/NCTS, transmission of inaccurate data 6. Cost export BHT-/WHT-/Z-number/APCS/PortBase registration 7. Hazardous goods 8. Transport of waste subject to authorization 9. Equipment

9.1. Oversize cargo/Out of gauge units 9.2. 45 ft containers

10. Weight restrictions 10.1. Rail 10.2. Barge 10.3. Truck

11. Free loading and unloading time 12. Multi-stop rule/Customs-stop rule 13. 2nd journey – dead freight, unsaddling & loading/unloading by crane

13.1. Loading and unloading by crane 13.2. Unsaddling & 2nd journey 13.3. Chassis rental

14. Special equipment 14.1. Tip chassis 14.2. Side-Loader 14.3. Reefer chassis

15. Weighing of containers (SOLAS) 16. High Security Seal 17. Surcharge for late, weekend and night delivery 18. Empty container pick-up and delivery 19. Demurrage and detention 20. Additional charges – energy, congestion, fuel and safeguarding 21. Administration service fee 22. Customs clearance 23. Low water regulation 24. Delivery obstacles barge 25. Interim storage combined transport





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1. General The transport services of COSCO SHIPPING Lines (Germany) GmbH are based on the following conditions: COSCO Shipping Lines’ own 20ft, 40ft ISO containers up to 9’6‘’ high, as well as open-top containers and flat rack (over-widths and heights must be requested separately) and refrigerated containers (active cooling during the entire transport must be requested separately). Transport of shippers own containers is possible after prior consultation. In case of any over-heights, over-widths or active cooling needed, please contact our disposition department beforehand. The handover or takeover condition is freely loaded in the mode of transport at the loading or receiving location. The loading / unloading point is solely responsible for loading / unloading the goods in / out of the container. The container is always delivered on a chassis; other variants must be requested separately. For container shipments by inland waterway from / to western ports (Antwerp / Rotterdam / Zeebrugge) please note that possible surcharges such as "low water surcharge" and "congestion fee" apply. The drop off or pick up fee is included in the displayed tariff rates, but can vary during the tariff period. We work exclusively on the basis of the German Freight Forwarders' Standard Terms and Conditions (ADSp), in the most recent version. The provisions in Article 23 German Freight Forwarders' Standard Terms and Conditions (ADSp) limit the statutory liability for damaged goods according to Section 431 German Commercial Code (HGB) for damage occurring in freight forwarder custody to EUR 5.00/kg, for multimodal transports, including sea transport, 2 SDR/kg, and furthermore to EUR 1 million or 2 million respectively or 2 SDR/kg per damage case or incident, whichever amount is higher. In addition, it is agreed that (1) Section 27 ADSp extends neither the liability of the freight forwarder, nor the imputation of the fault on the part of persons and other third parties in deviation from statutory provisions such as § 507 Germ an Commercial Code (HGB), Art. 25 Montreal Convention, Art. 36 CIM, Art 20, 21 CMNI in favor of the customer, (2) the freight forwarder as a carrier is liable in the cases of nautical fault or fire on board, as specified in Section 512 Subsection 2 No. 1 German Commercial Code (HGB), only for his own fault; and (3) the forwarder as freight forwarder as defined by the conditions in Article 25 Section 2 CMNI is not liable for nautical faults, fire on board or defects of the ship.

2. Special goods categories Special goods, such as: alcohol, raw tobacco, cigarettes, ammunition or weapons cannot be transported by COSCO SHIPPING Lines (Germany) GmbH. This list serves as an aid. If you have otherwise critical goods, e.g. We are happy to provide you with VuB or goods that are subject to demonstration, and will inform you whether they can be transported by us.





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2.1. Carriage of goods subject to prohibition and restriction We cannot transport the goods numbers/HS codes falling into this category within the scope of the approved shipper status. Of course, transports of VuB goods that leave the port of Hamburg with the status of "community goods" are excluded (clearance ATA, ATC or KLV clearance). However, if you have any other goods for transport, we are happy to let you know whether we can transport them.

2.2. Goods subject to compulsory presentation

Goods subject to demonstration in accordance with Section 55 (1) No. 3 LFGB. These goods are subject to an obligation to demonstrate a GVDE, BLE or another type of registration control. These goods may be transported by an "Approved Shipper" in transit, but are subject to the following regulation: The relevant control declaration must state "permitted for the EU market". This statement must be noted in our transit procedure, including the control number of the registration form. For you, this means that we always need your GVDE, BLE, etc. number for these specific goods. Furthermore, you should draw your customers' attention to this notice when importing such goods. There must be a connection between this control message and our dispatch note. If you do not comply, there is a risk for you and your customer that we cannot transport the container. This list also serves as an aid. However, if you have any other goods for transport, we are happy to let you know whether we can transport them.

3. Order data of transport orders

We only accept transport orders for transfers and deliveries after prior agreement. All necessary information must be received by COSCO SHIPPING Lines (Germany) GmbH by 8:00 a.m. on the day before the shipping day at the latest. In general, please note that we will pass on all possible costs for measures that ensure smooth transport according to expenses.





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4. Cancellation fee

We charge a cancellation fee of 100% of the freight price if the planned transport does not take place for the following reasons: Missing provision of the container (s) at the loading terminal, on the specified shipping day, due to missing or incorrect order data Damage to the loading unit, which means that the container (s) cannot be loaded. Non-loading due to a missing exemption and / or a missing V-certificate. Customs-related ambiguities or missing accompanying documents. Cancellations with less than 48 hours (two working days) before the planned shipping date: 100% of the agreed transport costs. Cancellations more than 48 hours (two working days) before the scheduled shipping date: EUR 25

5. Cost T1/NCTS, transmission of inaccurate data

Upon request, COSCO SHIPPING Lines (Germany) GmbH can create an NCTS shipping slip / T1. For the creation we put EUR 55.00 in for max. three customs positions are invoiced, each additional position costs an additional EUR 10,00. The maximum value of the goods is EUR 100,000. Please inquire about the costs for higher values separately. The duration of the NCTS dispatch notes is usually 6 calendar days, counted from the day the respective loading unit was dispatched. In exceptional cases, a connection T1 can be created after the specified period. All associated costs including optional demonstration at the responsible customs office will be charged according to disbursements. COSCO SHIPPING Lines (Germany) GmbH requires a due diligence of the NCTS shipping procedure / s on the client / customer side. The recipient of the goods must ensure that the NCTS paper is reported / supplied after receipt of the relevant customs office of destination. Furthermore, the recipient / customer checks the NCTS papers for deadlines and the correctness of the seal number before removing the seal. One NCTS dispatch note is created for each loading unit. The data required for the NCTS can be found in the information on the booking procedure. Forwarding or connection NCTS transit procedures in cross-border traffic will be charged according to disbursements. Should the transmitted NCTS data be faulty, we will take care of clarifying such discrepancies in consultation with our customer. Inconsistencies include, among other things, differences in quantity and weight as well as deadlines being exceeded. As part of this clarification process, we communicate with the responsible customs offices and, if necessary with the goods recipients.





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For this service we charge a one-off fee of EUR 200 excluding VAT per transaction / NCTS. Any customs costs such as Reminder fees or warning fees as well as costs resulting from tax assessments are not covered by this service fee.

6. Cost export BHT-/WHT-/Z-number/APCS/PortBase registration

Upon request, the creation of a BHT number, WHT number, Z number, APCS registration or PortBase registration can be requested. For this purpose, all necessary documents must be sent to us promptly by email. For this service we charge EUR 15.00 per container, including the 1st customs position. If there are several items in the container, we charge EUR 2.50 for each additional item.

7. Hazardous goods

We only accept orders for the transport of dangerous goods with the information specified in the new Dangerous goods regulation ADR / RID 2015 (latest version), in the latest version of the respective change. Classes 1, 4.1, 5.2 and 7 are excluded from transport. The goods according to table 1.10.3.1.2 of ADR / RID 2015 (latest version) are also excluded. These are goods that, due to their dangerous nature, may only be transported on the train in connection with a security plan. We do not currently have such a security plan. COSCO SHIPPING Lines (Germany) GmbH accepts dangerous goods orders, subject to checking for rail, barge and truck transport options. The required documents (DGD) need to be provided in a timely manner. For container shipments with dangerous goods, we charge a dangerous goods surcharge of EUR 60.00 per container.

8. Transport of waste subject to authorization

In principle, the transportation of waste requiring approval is possible. However, it is necessary to check the suitability for transport on the part of our rail operator and truck service provider in Germany based on the AVV no. to make. The required documents (Annex VII) need to be provided in a timely manner. We charge a waste surcharge of EUR 50.00 per container for container transports with waste that does not require and requires approval.





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9. Equipment 9.1. Oversize cargo/Out of gauge units

Open top containers and flat racks whose loading dimensions are exceeded can only be transported on request. This means that the transport of containers is offered "out of gauge", which is not covered by the prices in this tariff.

9.2. 45 ft containers There is no general transport option and only possible after coordination with our disposition. The surcharge for the transport of 45ft containers is available on request.

10. Weight restrictions

10.1. Rail

Maximum total weight including container tare (D) 20'25.0 t Maximum total weight including container tare (D) 40'28.0 t

10.2. Barge

Maximum total weight including container tare (D) 20'28.0 t Maximum total weight including container tare (D) 40'28.0 t

10.3. Truck

Maximum total weight including container tare (D) 20'26.0 t Maximum total weight including container tare (D) 40'26.0 t Transport of containers that exceed the weight specified above are possible on request.





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11. Free loading and unloading time The free loading and unloading time within the framework of a truck delivery based on normal chassis counts from the start of loading or unloading activities, but at the latest from the agreed date. When operating multiple charging points or operating customs stops, we grant a total free time of 2 hours. Free loading/unloading time for rail combined: 2 h Free loading/unloading time for barge combined: 2 h Free loading/unloading time for trucks in local transport: 1 h Free loading/unloading time for long-distance trucks: 2 h After the end of your free time, we charge EUR 50.00 per half-hour or part thereof for 3 hours. In addition, we charge EUR 75.00 per half hour or part thereof. There is a free waiting period of 30 minutes at the empty depots. After this free time is exceeded, we charge the above rate. Proof of the waiting time is provided by your own receipt. Delivery times or fixed dates cannot be guaranteed. These require unhindered transport conditions on the rail and also in road traffic.

12. Multi-stop rule/Customs-stop rule

For another loading / unloading point we charge EUR 75.00 with an additional effort of 10 km in the round trip. Multi-stop constellations with an effort of more than 10km in the round trip have to be calculated individually. We are happy to offer costs for this on request.

13. 2nd journey – dead freight, unsaddling & loading/unloading by crane

13.1. Loading and unloading by crane

The basic principle is "delivered free and not deducted". If a new journey to the loading point is necessary or ordered by you, this will be charged. We are happy to offer you the corresponding costs for the respective location on request.

13.2. Unsaddling & 2nd journey

In the course of a desired parking at the customer or a second journey, we calculate the costs for this process. We are happy to offer you the corresponding costs for the respective location on request. In the course of the unloading process, we grant a free waiting time of 30 minutes. After expiry we charge a fee according to 11.





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13.3. Chassis rental The use of a chassis free of charge is 24 hours, after that we charge a chassis rental of EUR 80.00 / chassis and calendar day.

14. Special equipment

Please note that capacities and availability are generally to be checked in advance with our disposition. Please note that due to the limited availability of the respective special equipment, fixed dates cannot always be assumed and guaranteed. Other free time and additional costs apply to the provision of special chassis. We offer these on request.

14.1. Tip chassis

In many cases it is possible to deliver the containers you have booked via a tipping chassis. You can find out the surcharge for delivery per tipping chassis per request.

14.2. Side-Loader

For delivery by side loader, we also charge a surcharge per delivery, even with a second arrival. We are happy to offer you these on request.

14.3. Reefer chassis

Refrigerated containers can be loaded in combined transport, but without active cooling on the train and additional costs on the barge. In principle, delivery with active cooling by truck is possible. We are happy to offer them to you on request.

15. Weighing of containers (SOLAS)

On the basis of the regulation on the weighing of export containers that has been in force since July 1st, 2016, we offer the possibility of weighing at the inland terminals or in the seaports. You can obtain conditions for this on request In order to ensure a smooth order processing, we ask for a clearly recognizable order for the respective transport order with the note "SOLAS / VGM / weighing". Weighing that is not ordered directly when the order is placed, so-called subsequent orders, can be associated with considerable additional costs.





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16. High Security Seal If required, we offer the option of having a high security seal applied. Since not all of the hauliers we employ have such seals, we ask that you advise in advance so that we can meet these needs. Cost per seal EUR 25.00.

17. Surcharge for late, weekend and night delivery We charge a surcharge for deliveries between 10:00 p.m. and 5:00 a.m. If delivery is desired over a weekend, this requires prior coordination with our operations team. We also charge a surcharge. You can obtain the amount of these surcharges on request.

18. Empty container pick-up and delivery

18.1. Import

The corresponding return of the empty container to the container depot specified by the client as part of an import provision requires the correct specification of the turn-in number and the correct registration by the respective shipping company. Additional costs that result from incorrect specification of the reference number or incorrect information vis-à-vis COSCO SHIPPING Lines (Germany) and / or the depot will be passed on to our client according to disbursements.

18.2. Export

The corresponding inclusion of the empty container in the container depot specified by the client as part of an export provision requires the correct specification of the pick-up number and the correct release by the respective shipping company. Additional costs resulting from incorrect specification of the reference number or incorrect information vis-à-vis COSCO SHIPPING Lines (Germany) GmbH and / or the depot will be passed on to our client in accordance with disbursements. The type and quality of the exempted equipment must correspond to the intended loading and must be made available for delivery at the depot / terminal in a corresponding condition. Due to local conditions (space and light conditions as well as any safety regulations) at the depots / terminals, the exempted equipment is only subjected to an external inspection by the subcontractor commissioned by COSCO SHIPPING Lines (Germany). Resulting additional costs due to incorrect deliveries in the depot / terminal or rejection on the part of the shipper are not taken over by COSCO SHIPPING Lines (Germany).





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19. Demurrage and detention Costs for container rental and costs for container storage (demurrage and detention) are charged by COSCO SHIPPING Lines (Germany) GmbH.

20. Additional charges – energy, congestion, fuel and safeguarding

COSCO SHIPPING Lines (Germany) GmbH reserves the right to charge surcharges and / or additional charges depending on the development of diesel or energy prices as well as in connection with handling bottlenecks (congestion) at seaport and hinterland terminals. COSCO SHIPPING Lines (Germany) GmbH reserves the right to charge costs for security measures, which may be incurred during loading, without further notice. These security measures include, among other things, the setting of clips and / or door tongs and, if necessary, the attachment / removal of labels.

21. Administration service fee

COSCO SHIPPING Lines (Germany) GmbH reserves the right to charge a service fee for additional and extraordinary administrative work in the course of billing. Additional and extraordinary administrative effort in the course of accounting defines all expenses that exceed the regular expense of accounting. The flat rate is EUR 20 per transaction.

22. Customs clearance

We can offer import and export clearance on request from POD / POL Antwerp, Rotterdam, Wilhelmshaven, Bremerhaven and Hamburg.





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23. Low water regulation Long periods of low water are a major problem for inland navigation, as the level of loading of inland waterways decreases with falling levels. Conversely, this means that more ship space must be made available for the same amount of cargo. The costs increase considerably, since in addition to the lower utilization of the existing ships, the chartering of additional space is necessary. The more the levels drop, the more expensive this additional room becomes, because the market is getting narrower. To cover these additional costs, we need so-called low water surcharges from certain water levels. For us, the level of the following three measuring locations is decisive: Kaub, Ruhrort and Emmerich. The costs can be found below: Low water additional 50-131 cm : EUR 40,00 / 20‘ / EUR 50,00 / 40‘ Kaub 130-111 cm : EUR 60,00 / 20‘ / EUR 70,00 / 40 110-101 cm : EUR 70,00 / 20‘ / EUR 90,00 / 40‘ 100-91 cm : EUR 90,00 / 20‘ / EUR 125,00 / 40‘ 90-81 cm : EUR 120,00 / 20‘ / EUR 150,00 / 40‘ <080 cm : free negotiation Low water additional 270-251 cm : EUR 30,00 / 20‘ / EUR 40,00 / 40‘ Ruhrort 250-221 cm : EUR 50,00 / 20‘ / EUR 70,00 / 40‘ 220-201 cm : EUR 70,00 / 20‘ / EUR 90,00 / 40‘ 200-181 cm : EUR 95,00 / 20‘ / EUR 115,00 / 40‘ <180 cm : free negotiation Low water additional 70-61 cm : EUR 25,00 / 20‘ / EUR 45,00 / 40‘ Emmerich 60-51 cm : EUR 30,00 / 20‘ / EUR 55,00 / 40‘ 50-41 cm : EUR 35,00 / 20‘ / EUR 65,00 / 40‘ 40-31 cm : EUR 45,00 / 20‘ / EUR 85,00 / 40‘ <030 cm : free negotiation

24. Delivery obstacles barge

If, after taking delivery of the goods, it becomes apparent that considerable waiting times are to be expected at the destination terminal in the seaport for reasons for which COSCO SHIPPING Lines (Germany) GmbH is not responsible, COSCO SHIPPING Lines (Germany) GmbH is entitled, taking into account the interests of the cargo participants calling a replacement terminal in the port of destination (sea) and having it discharged at the customer's risk.





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With knowledge of this, the customer is obliged to give COSCO SHIPPING Lines (Germany) GmbH immediate instructions as to whether COSCO SHIPPING Lines (Germany) GmbH should arrange the transfer from the replacement terminal to the destination terminal in its own name and on the account of the customer. If COSCO SHIPPING Lines (Germany) GmbH cannot receive the instruction within a reasonable time, COSCO SHIPPING Lines (Germany) GmbH must take the measures that best protect the interests of the client. In addition to the transfer, COSCO SHIPPING Lines (Germany) GmbH is entitled to entrust the goods to a third party for safekeeping. In this case, COSCO SHIPPING Lines (Germany) GmbH is, as far as legally permissible, only liable for the careful selection of the third party. COSCO SHIPPING Lines (Germany) GmbH is entitled to reimbursement of the necessary expenses and appropriate remuneration for all measures taken in accordance with paragraphs 3 and 4, unless the obstacle is to be attributed to the risk area of COSCO SHIPPING Lines (Germany) GmbH.

25. Interim storage combined transport

Free time for storing containers at the hinterland terminals: day of receipt +1 Costs for days 2 to 5: EUR 25 / TEU / day Costs for day 6 to 10: EUR 35 / TEU / day From day 10: EUR 75 / TEU / day A handling fee is also charged: EUR 45 This only applies to harmless merchandise. We will be happy to give you conditions for dangerous goods on request.

All conditions mentioned are in EUR and are valid until revoked, but at the latest until June 30th, 2020. If you have any questions, please do not hesitate to contact us. [email protected]

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cosco shipping lines (germany) gmbh terms... · 2020. 5. 13. · in case of any over-heights,...

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