OCEAN FREIGHT TERMS AND CONDITIONS

1. INTRODUCTION

1.1 Please carefully read these Terms as they govern the contractual relationship between the Customer and ALLISON SHIPPING, unless and to the extent prevailing valid contractual arrangements are in force between the Customer and ALLISON SHIPPING in respect of the relevant Shipment.

1.2 The Customer accepts these Terms and they form an integral part of the contract concluded between the Customer and ALLISON SHIPPING. A acknowledges that the Services are strictly subject to these Terms. Any Customer terms and conditions are expressly excluded and shall be of no effect.

2. DEFINITIONS

Affiliate means:

(a) any company 50% or more of the voting stock or voting equity interests of which are owned directly or indirectly by a party;

(b) any company that directly or indirectly owns 50% or more of the voting stock or voting equity interests of a party;

(c) any company directly or indirectly controlling or under the control of a company as set out in (a) and (b); and

(d) In the case of ALLISON SHIPPING only, any company that has entered into a representation or agency agreement (or any similar arrangement) with any member of the ALLISON SHIPPING Company.

Carrier means Pyramid Lines Singapore Pte. Ltd, of 39 Robinson Road, #15-01 Robinson Point, 068911, Singapore.

ALLISON SHIPPING refers to the operating entity within the CEVA Group that provides a quote or executes any booking based on a quote, or any other operating entity within ALLISON SHIPPING that is notified to the Customer via email.

ALLISON SHIPPING means ALLISON SHIPPING Logistics "The Mr Cooper" and its Affiliates.

ALLISON SHIPPING Terms refer to the terms and conditions of service of ALLISON SHIPPING, a copy of which can be provided to the Customer upon request.

Company shall include any company, corporation or other body corporate, wherever and however incorporated or established.

Customer means any person for whom ALLISON SHIPPING agrees to provide or arrange a Service, and includes any person having any rights or obligations under a contract of carriage concluded with ALLISON SHIPPING to whom these Terms apply, including (without limitation) any person named in any Transport Document as shipper or consignee.

Indemnify shall include defending, indemnifying and holding harmless.

International Conventions means, as applicable, the International Convention for the Unification of Certain Rules Relating to the Bills of Lading (the Hague Rules); the Protocol to Amend the Hague Rules, February 23, 1968 (the Hague–Visby Rules); the United States Carriage of Goods by Sea Act (COGSA); the Convention for the International Carriage of Goods by Road (CMR), and the Uniform Rules Concerning the Contract for International Carriage of Goods by Rail (CIM), as amended by the Convention Concerning International Carriage by Rail (CIM-COTIF) or any other mandatory convention applicable to the international carriage of goods.

Liabilities means any and all claims, demands, losses, damages, liabilities, fines, penalties, costs and expenses, including (without limitation) legal costs and expenses, of whatsoever nature and howsoever arising.

Local Currency has the meaning given in clause 9.3.

NRA means a confidential Negotiated Rate Agreement, regulated by the Federal Maritime Commission, relating to U.S. shipments.

Services means the services agreed between the Customer and ALLISON SHIPPING, including (without limitation) forwarding, handling, consolidation, carriage, storage in transit, customs clearances, issuance of documentation and any ancillary services thereto.

Shipment means the goods ALLISON SHIPPING, its Subcontractor(s), and/or agent(s) physically take over for the provision of the Services.

Subcontractor means any service provider ALLISON SHIPPING chooses to subcontract all or parts of the Services to, in each case in its name and on its behalf.

Terms mean:

(a) these terms and conditions; and

(b) The ALLISON SHIPPING Terms;

and, in the event of any ambiguity, inconsistency or conflict between the provisions of any of the documents comprising the Terms then the documents take precedence in the order set out above.

Trading Currency has the meaning given to such term in clause 

9.3. Transport Document means the document issued by ALLISON SHIPPING as the agent of the Carrier to the Customer, setting out the conditions of the contract of carriage for a Shipment, including (without limitation) any bill of lading or sea waybill.

US Shipment means any Shipment that involves carriage to, from or through any port in the United States of America.

Vessel-Operating Carrier means the carrier chosen by ALLISON SHIPPING or the Carrier for the execution of part of the Services.

Waste bears its general meaning, and also means “Waste” as defined under applicable law (as the case may be).

3. CONTRACT, PARTIES, AND LEGAL CAPACITY

3.1 Offer and Acceptance

(a) Quotes obtained from ALLISON SHIPPING are the result of ad-hoc calculations based on the information provided by the Customer. All prices included in a quote relate to the specific Services requested by the Customer only and are valid for the period set out in clause 4.9 below.

(b) Pricing and Shipment information included in a quote obtained from ALLISON SHIPPING:

(i) for US Shipments only, constitutes a binding offer by ALLISON SHIPPING to the Customer to enter into an NRA; or

(ii) for all other Shipments, does not constitute a binding offer by ALLISON SHIPPING, provided that, in each case, ALLISON SHIPPING makes no representation at any time regarding the availability of any Services or routes or the use of any particular Subcontractor(s), agent(s) or any other third party.

(c) The information provided by the Customer shall have no legally binding effect unless and until the Customer confirms it accepts the quote in respect of that Shipment by email, and such confirmation shall constitute:

(i) for US Shipments only, acceptance by the Customer of the offer referred to in clause 3.1(b)(i) above; and

(ii) for all other Shipments, a binding offer by the Customer to ALLISON SHIPPING, and, in each case, confirms the Customer's acceptance of these Terms and the pricing included in the quote for the relevant Shipment.

(d) ALLISON SHIPPING will send an email to the Customer:

(i) for US Shipments only, confirming the legally binding contract and NRA between the Customer and ALLISON SHIPPING; and

(ii) for all other Shipments, accepting or rejecting the Customer's offer, and any such acceptance by ALLISON SHIPPING shall form a legally binding contract between the Customer and ALLISON SHIPPING.

(e) In the absence of written email acceptance, a legal binding contract between the Customer and ALLISON SHIPPING shall come into existence if ALLISON SHIPPING commences the performance of the Services.

(f) The Customer and ALLISON SHIPPING acknowledge and agree that electronic communication is a proper means for concluding contracts and agree not to contest the validity of any contract on the basis that:

(i) it was concluded by electronic communication;

(ii) the original records are in electronic form; or

(iii) no signatures evidence such contracts.

3.2 Contracting parties

The contract is being concluded between the Customer and ALLISON SHIPPING and, subject to clause 3.3, ALLISON SHIPPING is solely responsible to the Customer in connection with the provision of the Services in accordance with these Terms (for the avoidance of doubt, the members of the ALLISON SHIPPING cannot be held jointly and severally liable).

3.3 Legal capacity

(a) All Services are provided by ALLISON SHIPPING as agent, except in the following circumstances:

(i) to the extent ALLISON SHIPPING expressly agrees in writing to act as principal;

(ii) where ALLISON SHIPPING performs, or subcontracts the performance of, any of the Services itself and the Shipment is in the actual custody or control of ALLISON SHIPPING or its Subcontractor(s); and

(iii) where ALLISON SHIPPING  is held by a court of competent jurisdiction to have acted as principal.

(b) Without prejudice to the generality of clause 3.3(a), the Customer acknowledges and agrees that:

(i) the charging by ALLISON SHIPPING of a fixed price for the Services shall not in itself determine or be evidence that ALLISON SHIPPING is acting as agent or principal in respect of such Services;

(ii) ALLISON SHIPPING acts as the Carrier's agent only where it procures a Transport Document between the Customer and the Carrier, and in each case:

(A) The terms of the Carrier set out in the Transport Document shall apply (available here); and

(B) The Customer shall have no claim against ALLISON SHIPPING as the Carrier’s agent for any claims arising out of such part of the Services;

(iii) where ALLISON SHIPPING acts as agent, it has the express authority of the Customer to enter into contracts with third parties on the Customer's behalf, whether such contracts are subject to the trading conditions of such third parties or otherwise, and in each case:

(A) ALLISON SHIPPING acts solely as an agent on behalf of the Customer in securing such contracts so that the direct contractual relationship is between the Customer and such thirty parties; and

(B) ALLISON SHIPPING shall not be liable for the acts and omissions of such third parties; and

(iv) ALLISON SHIPPING acts in the name of and on behalf of the Customer, and never as a principal, when dealing with any relevant authority on behalf of the Customer, including (without limitation) in relation to customs clearances, taxes, licences, certificates of origin, inspection certificates, and documentation management.

4. COMMERCIAL TERMS

4.1 Quoted rates obtained from ALLISON SHIPPING apply only to:

(a) for full container loads (FCL), standard containers and dry cargo, with a total value not exceeding US$1,000,000 per Transport Document; and

(b) for less than container loads (LCL), stackable general cargo, with a total value not exceeding US$150,000 per Transport Document.

4.2 The Customer warrants and represents that the Shipment shall not:

(a) comprise of dangerous or hazardous goods, perishable or temperature-controlled goods, military or defence products, live animals, Waste, tyres, oversized, over-length, out-of-gauge cargo or any other special cargo, including (without limitation) cash, jewellery, antiques, art or fine art products, paintings and vehicles;

(b) require special security requirements; or

(c) involve carriage to, from, or through to countries that are subject to trade control and embargo requirements of the United Nations, European Union, the United States of America, or the United Kingdom, unless expressly included in the quote and explicitly accepted in ALLISON SHIPPING in writing.

4.3 Quoted rates obtained from ALLISON SHIPPING for LCL Shipments are based on:

(a) the information provided by the Customer, including (without limitation) any estimate of actual or dimensional weight, provided that ALLISON SHIPPING shall be entitled to invoice the Customer for the actual or dimensional weight of the Shipment received by ALLISON SHIPPING, its Subcontractor(s) and/or agent(s), whichever is greater; and

(b) for pre-carriage and on-carriage, non-bonded haulage only.

4.4 Quoted rates obtained from ALLISON SHIPPING do not include:

(a) special charges imposed at any time by ALLISON SHIPPING, the Carrier, any Vessel-Operating Carrier or other third party, including (without limitation) insurance premiums, courier fees, inspection charges at origin and destination, heavy-lift charges, additional security procedures and demurrage and detention tariffs, and any such charges will be charged by ALLISON SHIPPING in addition; or

(b) any fee imposed at any time by any government agency or other relevant authority, including (without limitation) taxes, duties, customs clearance fees, and government-imposed fees, and any such fees will be passed on to the Customer in full.

4.5 Notwithstanding clause 4.4(b), any customs clearance fee included in a quote is based on a maximum of three HS Codes, and any additional HS Code(s) shall be charged in accordance with ALLISON SHIPPING's applicable tariffs.

4.6 All quotes are subject to equipment availability and Vessel-Operating Carrier capacity, and all Shipments are subject to the approval of the relevant Vessel-Operating Carrier(s). The choice of Vessel-Operating Carrier(s) is entirely at ALLISON SHIPPING or the Carrier's discretion.

4.7 Any transit and lead the quotation are indicative only, non-binding, and without guarantee. Actual transit and lead times are subject to various factors and may vary from those set out in the quote.

4.8 ALLISON SHIPPING shall be under no obligation to take back any packaging material or Waste. If ALLISON SHIPPING does take back such material, all relevant local rules and regulations shall apply and any fees and expenses incurred shall be separately charged to the Customer.

4.9 Rates quoted by ALLISON SHIPPING expire 30 days from the time of quotation and, in case of acceptance according to clause 3.1(c)(i) or 3.1(d)(ii) (as the case may be), the relevant Shipment must be booked before the expiration of these 30 days. Without prejudice to any other rights ALLISON SHIPPING has under these Terms or applicable law, ALLISON SHIPPING reserves the right to make necessary corrections in the event of any change of the Shipment information provided.

5. SERVICES

5.1 ALLISON SHIPPING shall carry out the Services with reasonable skill and care and in accordance with the Customer’s reasonable instructions as agreed. Suppose the Customer’s instructions, required documentation, or information are inaccurate,orrect, or not according to the incomplete, inc contract. In that case, ALLISON SHIPPING may, at the Customer’s risk and expense, act as it reasonably deems fit, and the Customer shall indemnify ALLISON SHIPPING from any Liabilities arising from or in connection with the same.

5.2 ALLISON SHIPPING reserves the right to refuse any Shipment or to provide any of the Services at any time in its absolute discretion and accepts no liability whatsoever in any such case.

5.3 If at any time ALLISON SHIPPING's provision of the Services is or is likely to be affected by any hindrance, risk, danger, delay, difficulty or disadvantage of whatsoever kind and howsoever arising (whether or not before the Services have commenced and whether or not before this contract has been concluded), ALLISON SHIPPING shall have no duty to complete the contract and may at its sole discretion and without notice and liability to the Customer, elect any one or more of the following:

(a) carry the Shipment by an alternative route or means; or

(b) abandon the Services and, where reasonably possible, place the Shipment or any part thereof at the Customer's disposal at any place which ALLISON SHIPPING may deem safe and convenient, whereupon the responsibility of the Carrier in respect of such Shipment shall cease,

and ALLISON SHIPPING shall be entitled to recover or retain the full remuneration agreed for the Services and any additional compensation for extra costs or expenses incurred by or for ALLISON SHIPPING resulting from the circumstances (or any of them) referred to above.

6. CUSTOMER’S UNDERTAKING

6.1 It is a condition of the contract, and the Customer represents, warrants and undertakes, that:

(a) it is either the owner of the Shipment, or is authorized by the owner to accept these Terms on the owner’s behalf;

(b) the Shipment shall be presented to ALLISON SHIPPING, its Subcontractor(s) or agent(s) securely and adequately packed, prepared, marked, numbered and addressed, and is and will remain suitable for handling, forwarding, storage or carriage, and not cause injury, damage, contamination or deterioration to any person, premises, equipment or any other item;

(c) it shall comply with all applicable laws, regulations, rules, requirements, directions, recommendations, guidelines of customs, port, import, export, and other authorities;

(d) before ALLISON SHIPPING assumes any responsibility for or by reference to the Shipment, the Customer will inform ALLISON SHIPPING in writing of any relevant matters, including any special precautions necessitated by the nature, weight or condition of the Shipment and any statutory or other duties specific to the Shipment with which ALLISON SHIPPING or others may need to comply;

(e) The shipment shall not:

(i) cause pollution of the environment or harm to human health if they escape from their packaging;

(ii) be considered illegal under any applicable laws and regulations or expose ALLISON SHIPPING to any sanctions imposed by any country, international organisation or other relevant authority; or

(iii) except to the extent previously notified in writing to and accepted by ALLISON SHIPPING in writing, require any official consent or license to handle, possess, deal with, or carry;

(f) it will comply with any reasonable regulations of ALLISON SHIPPING relating to handling, forwarding, storage or carriage of the Shipment (and ancillary matters) which are notified in writing from time to time;

(g) Information given by the Customer or on its behalf shall be accurate, correct and complete; and

(h) it does not enter into the contract in reliance on any representation, warranty or other undertaking not fully reflected in these Terms, and all conditions, warranties and other terms implied by statute or applicable law are hereby excluded to the fullest extent permitted by applicable law.

6.2 The Customer shall indemnify ALLISON SHIPPING against any Liabilities it suffers as a result of any breach of the Customer’s undertakings under this clause 6. If ALLISON SHIPPING suspects a violation by the Customer of clause 6.1, without prejudice to any other rights ALLISON SHIPPING has under these Terms or applicable law,G  ALLISON SHIPPIN may exercise any of its rights under clause 5.2 or 5.3.

7. LIABILITY AS PRINCIPAL

7.1 In the event of loss of or damage to a Shipment, or delay in the performance of the Services and where ALLISON SHIPPING acts as principal by clause 3.3, ALLISON SHIPPING's liability shall be determined and limited per the remainder of this clause 7 unless an International Convention or national law applies compulsorily to part of the Services and cannot be waived or modified ("Compulsory Legislation"), in which case the liability of ALLISON SHIPPING in relation to that part of the Services shall be determined and limited under the provisions of such Compulsory Legislation.

7.2 About:

(a) claims for loss of or damage to a Shipment or other property of the Customer, ALLISON SHIPPING's liability howsoever arising shall not exceed the lower of:

(i) the value of the relevant Shipment;

(ii) in the case of damage, the reasonable cost of repair; and

(iii) 2 SDRs per kg of the relevant Shipment; or

(b) claims for delay or carriage of a Shipment to the wrong destination (notwithstanding clause 4.7 above), ALLISON SHIPPING's liability shall not exceed the total amount of ALLISON SHIPPING's charges in respect of that Shipment; or

(c) any other claims arising out of or to a Shipment or the Services, ALLISON SHIPPING's liability howsoever arising shall not exceed the total amount of ALLISON SHIPPING's charges in respect of that Shipment, and, for this clause 7.2, the value of a Shipment shall be shall be calculated reference to the ex-works invoice value of that Shipment plus freight and insurance (if paid), provided that if there is no invoice value for that Shipment, such value shall be calculated by reference to the value of goods of the same or similar kind and quality at the place and time the Shipment was received by ALLISON SHIPPING, its Subcontractor or agent or the Shipment was delivered or should have been delivered, whichever value is lowest; and the value of other property of the Customer, if leased, its lease value and if owned, its market value at the place and time where the loss or damage occurred.

7.3 ALLISON SHIPPING shall not be liable for:

(a) loss or damage whatsoever arising from:

(i) the act or omission of the Customer or owner of the Shipment or any person acting on their behalf;

(ii) compliance with any instructions given to ALLISON SHIPPING;

(iii) any Shipment excluded from the provision of Services under clauses 4.2, 6.1(e) or otherwise under these Terms;

(iv) insufficiency of the packing, labelling or marks of a Shipment (except where such service has been provided by ALLISON SHIPPING);

(v) handling, loading, stowage or unloading of a Shipment by the Customer or owner of the Shipment or any person acting on their behalf;

(vi) wastage in bulk or weight or any other loss or damage arising from inherent defect, quality or vice of the Shipment;

(vii) latent defects not discoverable by due diligence;

(viii) quarantine restrictions;

(ix) any rust, oxidation, scratching, denting or discoloration in case of used, not packed or unprotected items;

(x) loss or unauthorised destruction, alteration, disclosure of, access to, or control of information technology systems, operational technology systems, networks, internet-enabled applications or devices and the data contained within such systems;

(xi) riots, civil commotion, strikes, lockouts, stoppage or restraint of labour from whatsoever cause;

(xii) act of war or terrorism;

(xiii) fire, flood or storm; or

(xiv) any other cause that CEVA could not avoid, and the consequences of the same could not be prevented, by the exercise of reasonable diligence; or

(b) any loss of profit, loss of sales, loss of business, loss of contracts, loss of anticipated savings, loss of goodwill or reputation (in each case whether direct or indirect) or any indirect or consequential loss.

7.4 ALLISON SHIPPING shall be discharged of all liability unless:

(a) notice of any claim is received in writing by ALLISON SHIPPING within fourteen (14) days after:

(i) for loss or damage to a Shipment, the date of delivery of the Shipment;

(ii) for delay or carriage of a Shipment to the wrong destination, the planned date of delivery (if ALLISON SHIPPING advised the Customer of such a date),

(iii) in any other case, the date of the event giving rise to the claim, except where the Customer can show that it could not comply with such time limit and that the claim has been made as soon as it was reasonably possible for the Customer to do so; and

(b) a claim is brought in the proper jurisdiction following clause 16 and written notice of the same is received by ALLISON SHIPPING within nine months after the date specified in clause (a) above,

and any claim which does not comply with the provisions of this clause 7.4 shall be deemed to be waived and absolutely barred.

7.5 The defences, exclusions and limits of liability provided for by these Terms shall apply in any action whether such action be founded in contract, tort, bailment, breach of express or implied warranty, negligence, wilful misconduct or otherwise.

7.6 Nothing in these Terms shall exclude or limit ALLISON SHIPPING's liability for death or personal injury caused by its negligence, fraudulent misrepresentation or any other act or omission for which liability may not lawfully be excluded or limited.

7.7 Save as set out in these Terms, ALLISON SHIPPING shall not be liable for loss of or damage to any Shipment or delay howsoever arising (whether caused by negligence, wilful misconduct or otherwise).

7.8 To the extent not otherwise regulated in these Terms, ALLISON SHIPPING shall not be liable for the acts or omissions of any third parties, including (without limitation) the Carrier or any Vessel-Operating Carrier(s), unless ALLISON SHIPPING has failed to exercise due diligence in selecting such third parties.

8. INSURANCE

Unless otherwise instructed in writing and reimbursed by the Customer, ALLISON SHIPPING does not insure the Shipment and the Customer shall self-insure or make arrangements to cover the Shipment against all insurable risks to their full insurable value (including all duties and taxes), with any right for the insurer to bring a subrogated claim against ALLISON SHIPPING being excluded.

9. PAYMENT AND LIEN

9.1 The Customer agrees to pay the relevant charges, which shall include the price by the quote chosen by the Customer plus any additional charges or fees that may arise or have been incurred by ALLISON SHIPPING, including without limitation customs duties and taxes.

9.2 ALLISON SHIPPING’s charges are subject to VAT (as applicable).

9.3 The prices offered by ALLISON SHIPPING will be charged in local currency (Local Currency), unless local practice provides for quotation in USD, EUR, or any other currency different from the Local Currency (Trading Currency). Any Trading Currency may be exchanged into Local Currency at the day of invoicing by ALLISON SHIPPING. For purposes of determining the Trading Currency equivalent of any Local Currency, the exchange rate shall be the rate at which such Trading Currency may be exchanged into the local Currency as set forth at approx. 11:00 a.m. (London time) On such a day on OANDA.com for such Trading Currency.

9.4 Unless otherwise provided for in applicable laws and regulations, the charges shall be paid free of any deduction, set-off or counterclaim of any kind in advance of the provision of any Services. If ALLISON SHIPPING starts providing any of the services without pre-payment, ALLISON SHIPPING retains the right to withhold the release of the Shipment until payment is received.

9.5 Invoices for governmental charges such as tax and duty outlays are due immediately upon presentation of appropriate documentation by ALLISON SHIPPING and are subject to outlay fees. To the extent not otherwise agreed between the parties, payment(s) not considered in the pre-payment invoice shall be due seven (7) days after the invoice date.

9.6 Interest shall be paid on money overdue to ALLISON SHIPPING based on the prevailing interest rate of the central bank in the country where ALLISON SHIPPING has its principal place of business.

9.7 ALLISON SHIPPING shall, to the extent permitted by applicable law, have a general lien on the Shipment and any documents relating thereto for any amount due at any time to ALLISON SHIPPING from the Customer, including without limitation storage fees and the cost of recovering same, and ALLISON SHIPPING may enforce such lien in any reasonable manner including the sale of the Shipment, subject to mandatory local law.

10. ALTERATIONS

ALLISON SHIPPING reserves the right to alter these Terms or any other ALLISON SHIPPING terms, policies, or conditions without notice. A particular contract between the Customer and ALLISON SHIPPING will always be subject to the versions of such terms, policies and conditions in force at the time the Customer places its offer, unless alterations are made pursuant to mandatory requirements imposed by law or government authority (in which case the alterations apply from the point in time stipulated by law or government authority).

11. INCOTERMS®

The Incoterms® were created by the International Chamber of Commerce (ICC) in Paris and are a registered trademark of the ICC. Incoterms® can be agreed between the seller and the buyer of goods as part of their sale of goods contract to define the terms of shipment and delivery as well as the transfer of risk between those two parties. However, the Incoterms® do not become part of the contract between the Customer and ALLISON SHIPPING for the provision of any Services, as this contract comprises of forwarding and/or carriage elements, not the sale of goods. The Customer notifying ALLISON SHIPPING of the agreed Incoterms® clause only gives ALLISON SHIPPING an instruction related to the split (if any) of the charges between the relevant seller and buyer. Regardless of the Incoterms tomer remains responsible to ALLISON SHIPPING for all fees and will be held liable if any fees cannot be collected from third parties following the indicated Incoterms clause.

12. CONFIDENTIALITY

The contents of the relevant contract and any information on ALLISON SHIPPING’s business is sensitive, confidential and will not be disclosed by the Customer to any third party without the express written consent of ALLISON SHIPPING, unless the information is manifestly in the public domain at the time of disclosure or such disclosure is required by valid legal process or is otherwise required by law or by the rules of any listing authority or stock exchange, in which event the Customer shall give ALLISON SHIPPING prompt written notification thereof. The Customer will ensure, and will be liable for ensuring, that its directors, employees, agents, advisers and Subcontractors shall not disclose any confidential information. The obligation of this clause shall survive for a period of three (3) years after the expiry of the relevant contract.

13. WAIVER

No omission to exercise or delay in exercising on the part of any party of any right, power or remedy provided by applicable law or under these Terms shall constitute a waiver of, or preclude or impair any further exercise of such right, power or remedy or any other right, power or remedy.

14. SEVERABILITY

Suppose any part of these Terms or any other ALLISON SHIPPING terms, policies, and conditions is deemed invalid, void, or unenforceable for any reason. In that case, that part will be deemed severable and will not affect the validity and enforceability of the remaining parts.

15. MANDATORY LAW

15.1 These Terms shall only take effect to the extent that they are not contrary to the mandatory provisions of any Compulsory Legislation, applying in each case to the Shipment or the Services and, where any Compulsory Legislation applies to any part of the Services, these Terms shall, in respect of such part of the Services, be read as subject to such Compulsory Legislation.

15.2 Nothing in these Terms shall be construed as a surrender by ALLISON SHIPPING of any of its rights or immunities, or as an increase of any of its responsibilities or liabilities, under any Compulsory Legislation and if any part of these Terms is inconsistent with such Compulsory Legislation such part shall be overridden to that extent and no further.

16. GOVERNING LAW AND JURISDICTION

These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or any contract arising out of them, their subject matter (including (without limitation) any Shipment or Services) or formation shall be governed by and construed following English law, and the English High Courts shall have exclusive jurisdiction over such dispute or claim, provided that ALLISON SHIPPING may, in its sole option, commence proceedings in any jurisdiction, including (without limitation) in the place determined by the Transport Document of the Carrier or the Vessel-Operating Carrier (and such proceedings shall be governed and interpreted in accordance with the law determined therein or, in the absence of such, then English law).

17. INDEMNIFICATION

Sea transportation ("Shipments") will be carried out under service contracts for which Pyramid Lines Singapore Pte. Ltd. ("Pyramid") is the contracting party in its capacity as a non-vessel-operating common carrier (NVOCC) and under which Customer and the consignor/consignee listed on the above-mentioned bills of lading have a joint and several obligation to indemnify Pyramid and/or its agent ALLISON SHIPPING for any demand for payment in respect of these services.

In consideration of the provision of such services by Pyramid, Customer undertakes to indemnify Pyramid and/or its agent ALLISON SHIPPING against any claim for payment from the ocean carrier and guarantees the payment of all freight charges and associated logistics costs due to Pyramid and/or its agent ALLISON SHIPPING for the services relating to the Shipments described above in a reasonable and timely manner,  including, without limitation, immediate payment upon demand of all charges owing on collect Shipments by the consignee named on the bills of lading set forth above after such Shipments have been delivered to the consignee. This clause shall remain in force for all Shipments made pursuant to the Agreement and, where applicable, the Special Conditions, and shall survive the completion of the relevant sea transport.

For any additional questions, please call (800) 786-6038