Terms and Conditions

1. “Carrier” means Ernest Logistics Corporation carrying on business as a freight forwarder or an NVOCC.

2. “Carriage” means the whole or any part of the operations and services undertaken by Carrier in respect of the Goods covered by this Bill of Lading.

3. “Goods” or “Shipment” means the whole or any part of the cargo provided by Merchant for Carriage and includes any Container, packing or equipment not supplied by or on behalf or Carrier.

4. “Container” includes any container, trailer, transportable tank, lift van, flat, pallet, skid, platform, and similar articles of transport used to consolidate or transport goods and any ancillary or associated equipment.

5. “Combined Transport” or “Multi-Modal Transport” arises only if the Carriage includes both in-land and shipping or air freight operations but not limited to other handling and logistical operations.

6. “Freight” includes all charges payable to Carrier in accordance with Carrier’s applicable Tariffs or this Bill of Lading.

7. “Liabilities” includes claims, losses, damages, liabilities, fines, penalties, costs and expenses (including legal costs and expenses) of whatsoever nature.

8. “Merchant” includes any person who is or at any time has been or becomes the Shipper, the Consignee, the receiver of the Goods, the holder of this Bill of Lading, any person owning or entitled to the possession of or otherwise having any interest in the Goods or this Bill of Lading, and any person acting on behalf of any of the persons aforesaid.

9. “Pier to Pier” arises where the Carriage called for by this Bill of Lading starts at the port of sailing up to the port of arrival. Liabilities and responsibilities are limited to the shipping operation and do not include the in-land operations.

10. “Pier to Door” arises where the Carriage called for by this Bill of Lading starts at the port of sailing or origin up to the warehouse of the consignee or point of delivery at destination. Liabilities and responsibilities are limited to the shipping and in-land operations at destination but do not include the in-land operation at origin.

11. “Door to Pier” arises where the Carriage called for by this Bill of lading starts at the warehouse of the shipper or point of pick-up at origin up to the pier of destination. Liabilities and responsibilities are limited to the in-land operations at origin and shipping but do not include the in-land operation at destination.

12. “Door to Door” arises where the Carriage called for by this Bill of Lading starts at the warehouse of the shipper or point of up to the warehouse of the consignee. Liabilities and responsibilities include the in-land operations for both origin and destination, as well as the shipping operations and other essential processes.

13. “Rights and Defenses” includes rights, defences, and exemptions, limitations of liability, liberties, and immunities and benefits of whatsoever nature.

14. “Sub-Contractors” includes the owners, charters and operators of any Vessel, stevedores, terminal Operators, forwarders, groupage operators, consolidators, warehouses, road, rail and air transport operators, and other independent contractors employed directly or indirectly by Carrier in the performance of any of Carrier’s obligations hereunder

15. “Mode of Payment” refers to the manner of payment to the Carrier by the Merchant.

16. “Mode of Service” refers to the manner of service by the Carrier to the Merchant.

17. “FCL” or “Full Container Load” refers to the volume of cargo on a per container basis, can either be 10 Footer, 20 Footer or 40 Footer

18. “LCL” or “Less than Container Load” refers to the cargo managed and operated based on per cbm basis.

19. “LC” or “Loose” refers to the cargo managed and operated based on per cbm or per ton, which ever is higher, and one that may no longer fit inside a container van and special handling is already necessary.

20. “RCU” or “Rolling Cargo Unit” refers to the cargo, specifically wheeled vehicles that are managed and operated based on per cbm.

21. “STC” or “Said to Contain” refers to a shipping terminology which frees the Carrier or Freight Forwarder of any knowledge on the actual cargo in the container. The Carrier shall not be responsible for damages and/or loss due to wilful misdeclaration of Cargoes for advances beneficial to the Merchant.

20. “SOR” or “Shipper’s Own Risk” refers to a shipping terminology which absolutely frees the Carrier of all the risks attached with the cargo. The Carrier has the right to refuse the liability or risk associated with the Cargo if the value unreasonably exceeds the capacity of the Carrier to shoulder the possibility of loss and/or damages, or in situations where damages is in nature of the goods or cargos during transit.

21. “SLC” or “Shipper’s Load and Count” refers to a shipping terminology which frees the Carrier of all the responsibilties or work including loading, unloading and counting of goods in the container van. The Merchant, Shipper or owner of goods shall be responsible for stuffing or loading at origin, checkering and shall free the Carrier or Freight Forwarding for  damages incurred by the goods.

2.1 All representations, warranties, undertakings, agreements, obligations, liabilities, and indemnities expressed or implied to be made, given or assumed by Merchant in this Bill of Lading shall be deemed to be have been made, given and assumed by each and every person included in the definition of “Merchant” jointly and severally, who shall remain so liable notwithstanding any transfer of title to the Goods or any transfer or negotiation of this Bill of Lading.

2.2 In the event that any provisions herein contained are inconsistent with any compulsorily applicable legislation, those provisions, to the extent of such inconsistency, shall be null and void, but the remaining provisions of this Bill of Lading shall remain valid.

2.3 No servant or agent of Carrier shall have any authority to waive or vary any term of this Bill of Lading, unless such waiver or variation is in writing and is specifically authorized in writing by Carrier.

2.4 Any right or remedy herein conferred on Carrier is in addition to and without prejudice to all other rights and remedies available to it.

The terms and conditions of Carrier’s applicable Tariffs, including without limitation provisions relative to container and vehicle demurrage are incorporated herein. Copies of the applicable Tariffs may be obtained from Carrier upon request.

4.1 Carrier may sub-contract directly or indirectly on any terms the Carriage or any of its obligations hereunder.

4.2 Merchant warrants that no claim or demand shall be made against any person whomsoever by whom the Carriage is performed or undertaken (including Carrier’s servants, agents and Sub-Contractors) other than Carrier which imposes or attempts to impose on any such person or any Vessel owned or operated or controlled by any such person, any liability whatsoever in connection with the Goods or the Carriage or this Bill of Lading, whether or not arising out of negligence on the part of such person. If any such claim or demand should nevertheless be made Merchant shall indemnify Carrier against all consequences thereof. Every such person shall have the Rights and Defences herein provided for the benefit of Carrier as if the same were expressly made also for such person’s benefit. For the foregoing purposes, Carrier contracts for itself as well as agent and trustee for all the aforesaid persons.

If Merchant shall have any cause of action or claim against Carrier by reason of any loss or damage or any other matter whatsoever occurring whilst the Goods are in the possession or custody or control of any Sub-Contractor, THEN, in addition and without prejudice to any of its other rights or remedies, Carrier shall (to the maximum extent permitted by any compulsorily applicable law) have as against Merchant all the Rights and Defences available to the Sub-Contractor as if the same were incorporated herein.

6.1 Pier to Pier Service
If the Carriage is Port to Port or Pier to Pier, the responsibility of Carrier shall be limited to that Carriage from and during loading onto the Vessel up to and during discharge from the Vessel. The liability of Carrier shall be determined in accordance with:

(a) The Carriage’s weight if Full Container Load (FCL) must be limited to 9,000 kilos or 9 Tons cargo weight per 10 Footer and 18,000 kilos or 18 Tons cargo weight per 20 Footer. Any claims for damages to Goods due to over loaded containers will not be honoured by the Carrier.
(b) The Carriage’s value if Full Container Load (FCL) must be limited to Php250, 000.00 per 10 Footer or Php500, 000.00 per 20 Footer. Any claims for damages to Goods due to under or values goods will not be honoured by the Carrier.
(c) Carrier assumes no liability for any matter whatsoever occurring prior to loading of the Goods onto or after discharge thereof from the Vessel. Any services rendered to or in respect of the Goods prior to loading or after discharge shall be services rendered by others procured by Carrier as agent of Merchant, and in respect of such services Carrier shall have no liability whatsoever.
(d) The Carrier assumes no liability for any matter for damages to Goods due to shipping, port or terminal, container yard and other operations related to shipping while goods are in the sole possession of the Sub- Contractor. However, the Carrier is responsible to facilitate the claims made by the Merchant, Shipper, Consignee or the owner of goods against the Sub-Contracted Shipping lines. The claimant must immediately file a notice of claim within 24 hours upon the discovery of the damages to the Goods.
(e) The Carrier assumes no liability for any matter for damages to Goods due to uncontrollable causes such as acts of goods and natural catastrophes, riots, civil wars, or for damages with unknown causes provided that compliance with instructions or directions of Merchant or of any person authorized to give them has been done and performed with diligence.

6.2 Combined Transport

(a) The Carriage’s weight if Full Container Load (FCL) must be limited to 9,000 kilos or 9 Tons cargo weight per 10 Footer and 18,000 kilos or 18 Tons cargo weight per 20 Footer. Any claims for damages to Goods due to over loaded containers will not be honoured by the Carrier.
(b) The Carriage’s value if Full Container Load (FCL) must be limited to Php250, 000.00 per 10 Footer or Php500, 000.00 per 20 Footer. Any claims for damages to Goods due to under or values goods will not be honoured by the Carrier; additional valuation shall be charged depending on the current going rate for valuation charges.
(c) The Carrier assumes liability and responsibility depending on the mode of service availed by the Merchant, Shipper or owner of goods. For Door to Pier services, the Carrier’s liability and responsibility are limited to the in-land operations at origin and shipping but do not include the in-land operations at destination. For Pier to Door services, the Carrier’s liability and responsibility are limited to shipping and in-land operations at destination but do not include the in-land operations at origin. For Door to Door services, the Carrier’s liability and responsibility include in-land operations for both origin and destination as well as shipping operations.
(d) The Carrier assumes no liability for any matter for damages to Goods due to shipping, port or terminal, container yard and other operations related to shipping while goods are in the sole possession of the Sub- Contractor. However, the Carrier is responsible to facilitate the claims made by the Merchant, Shipper, Consignee or the owner of goods against the Sub-Contracted Shipping lines. The claimant must immediately file a notice of claim within 24 hours upon the discovery of the damages to the Goods.
(e) The Carrier assumes no liability for any matter for damages to Goods due to uncontrollable causes such as acts of goods and natural catastrophes, riots, civil wars, or for damages with unknown causes provided that compliance with instructions or directions of Merchant or of any person authorized to give them has been done and performed with diligence.

6.3 For LCL or Less than Container Load Carriage

(a) The Carrier assumes liability only for the mode of service availed by the Merchant, any liabilities and/or responsibilities beyond the mode of service agreed hereinto by both parties shall not be honoured by the Carrier.
(b) The Carrier shall not be liable for damages to Goods due to misdeclaration, the Carrier reserves its rights and defences against the Merchant.
(c) The Carrier shall not be liable for damages due to poor packaging. The Merchant, Shipper or owner of good’s shall be responsible for the packaging unless agreed upon by both parties.

7.1 Delays. Carrier does not undertake that the Goods or any documents relating thereto shall be delivered at any place at any particular time. Carrier shall not be liable for delay unless required by any compulsorily applicable law. If Carrier is so liable, it may invoke any of the Rights and Defences it may have under such applicable law or this Bill of Lading. For damages due to unavailable slots on board and/or for trucking services, the Carrier reserves its rights to refuse the claim such that slots are based on availability and that the Carrier has no complete control of its Sub-Contractor unless otherwise stipulated.

7.2 Value of Goods. Value of goods are limited to Php250,000.00 per 10 Footer and Php500,000.00 per 20 Footer. In the event that the Goods exceed the value of the limitation, then the Merchant will be charged additional valuation charges depending on the current going rate.

7.3 Package or Unit. a Package is the largest individual unit of partially or completely covered or contained cargo made up by or for the Shipper which is delivered and entrusted to Carrier, including palletized units and each container stuffed and sealed by the Shipper or on its behalf, although the Shipper may have furnished a description of the contents of such sealed container on this Bill of Lading.

7.4 Notice of Claim. The carrier shall be deemed prima facie to have effected timely delivery of the Goods unless notice of any loss, damage or claim shall have been given in writing to Carrier or to its representative at the Port of Discharge or the Place of Delivery identified in the relevant box on the front hereof before or at the time of removal of the Goods into the custody of the person entitled to the delivery thereof under this Bill of Lading, or, if the loss or damage is not apparent, within three working days thereafter.

7.5 Claims and Demands. The Rights and Defences of Carrier provided in this Bill of Lading shall apply in any action or claim against Carrier whether founded in contract, tort, bailment, trust or otherwise and notwithstanding any negligence, unseaworthiness, deviation, non-delivery, mis-delivery or any fundamental breach of contract.

8.1 This Bill of Lading shall be prima facie evidence of the receipt by Carrier from the Shipper in apparent good order and condition, except as otherwise noted, of the total number of Containers or other Packages or units indicated on the front hereof as ‘Particulars as declared by Merchant’.

8.2 Carrier makes no representation and assumes no responsibility whatsoever as to any weight, measure, quantity, quality, content, description, marks, numbers, place of origin, value or condition of the Goods.

8.3 Any information on the front of this Bill of Lading relating to any invoice, Waybill, Sales Invoice, Delivery Receipt, documentary credit, order, contract, or like matters is included solely at the request of Merchant and is verified by the Carrier. Any such information shall not constitute any declaration of value of the Goods and shall in no way increase Carrier’s liability hereunder.

9.1 Merchant warrants to Carrier as follows:

(a) The Shipper accepting these terms and conditions is either the person or the authorized agent of the person who owns or is entitled to the possession of the Goods and/or this Bill of Lading, and accepts these terms and conditions for itself as well as for such person and any other person who may hereafter have any interest in the Goods and/or this Bill of Lading;
(b) The particulars relating to the Goods set out on the front hereof have been checked by Merchant on receipt of this Bill of Lading, and that such particulars and all other information whether relating to the Goods or otherwise provided by Merchant are complete, accurate and true;
(c) The Goods are lawful goods and contain no contraband or prohibited items;
(d) The Goods delivered to Carrier are properly packed, prepared, marked, numbered and addressed
and are suitable for the Carriage; and Merchant shall comply with any and all applicable laws, rules, regulations, directions, requirements and recommendations of customs, port or other lawful authorities or agencies.

9.2 Merchant shall indemnify Carrier from and against any and all Liabilities incurred due to a breach of any of Merchant’s obligations, representations and warranties contained in this Bill of Lading.

10.1 Acknowledgement of receipt by Carrier of a Container not packed by Carrier (“Shipper Packed Container”) is acknowledgement of the receipt of that Container only. Carrier assumes no liability for any loss or damage whatsoever to the contents of such Container, arising out of:

(a) the manner in which any Container has been packed;
(b) the unsuitability for Carriage of the contents of any Container;
(c) (If Container was not supplied by Carrier) the unsuitability, defective condition or the incorrect setting of temperature controls thereof;
(d) (If Container was supplied by Carrier) the unsuitability, defective condition or incorrect setting of temperature controls thereof which could have been discovered upon reasonable inspection by Merchant at or prior to the time the Container was packed; or
(e) The packing in any Container of temperature controlled Goods that are not at the correct temperature for Carriage.

10.2 Merchant warrants that all Shipper Packed Containers not provided by Carrier (a) meet all ISO and/or other international safety standards and are fit in all respects for Carriage; (b) have been duly inspected prior to and at the time of packing and have been found to be in good repair and condition suitable for packing the Goods and the Carriage; and (c) the packing and sealing thereof is proper, safe and suitable for the Carriage.

10.3 Delivery of a Shipper Packed Container by Carrier with its original seal intact shall be deemed to be a full and complete delivery under this Bill of Lading. Carrier shall not be liable for any shortage of Goods.

11.1 Any Container provided by the Carrier for Domestic Carriage shall be subject to availability, the Carrier will do its best to provide the most qualified Containers to the Merchant but basically understanding that the Container is not in whatever way owned by the Carrier thus limiting the responsibility of the Carrier on the Container Vans.

11.2 Merchant shall be responsible for any loss and/or damage to, and any Liabilities caused or incurred by, such Container whilst in its custody and/or control.

12.1 Carrier (its servants, agents and Sub-Contractors) shall be entitled but not obliged to open any Package or Container at any time without liability and notice to Merchant to inspect, examine, weigh or measure the contents thereof. Any expenses resulting there from shall be borne by Merchant.

12.2 Carrier shall not be liable for any loss or damage whatsoever resulting from any Container or Package which is opened for inspection by any person having authority to do so. Carrier may recover from Merchant any costs or expenses incurred.

12.3 If the Domestic Carriage has an indication of “Shipper’s Load and Count”, the Merchant shall provided on its own expense the load and checkering of the goods. Any damage or loss arising from missing goods when the container seal was intact upon arrival shall not be honoured by the Carrier.

13.1 “Dangerous goods” includes any goods which are or may become dangerous, hazardous, inflammable, damaging or injurious (including radio-active materials).

13.2 Merchant warrants that it shall not tender for Carriage any Dangerous goods unless Merchant has (a) obtained Carrier’s prior written consent; (b) distinctly and durably indicated on the outside of the Container, as well as the goods themselves, the nature and character of the goods and in compliance with any laws or regulations which may be applicable during the Carriage; and (c) submitted to Carrier and the appropriate authorities all documents required by law or otherwise required by Carrier.

13.3 Merchant warrants that all Dangerous Goods are adequately packed. If the Goods are not packed into the Container by or on behalf of Carrier, Merchant shall not permit incompatible goods to be packed in the same Container.

13.4 Merchant shall indemnify Carrier from and against any and all Liabilities whatsoever arising out of the Carriage of any Dangerous Goods provided by Merchant (including without limitation environmental damages, direct and indirect clean up or rehabilitation expenses, legal costs, fines and penalties).

13.5 Merchant has acquired prior to the date of service the necessary registrations, certification, permits and all relative documents for the transport and legality of goods. Goods without proper documentation shall not be accepted by the Carrier and loss and damages arising from rejection to cater shall exempt the Carrier from all the responsibilities and liabilities. Law Suits shall not be valid.

14.1 Goods of a perishable nature will be carried in ordinary Containers without special protection, services or other measures unless otherwise expressly agreed in writing by Carrier before receipt of the
Goods and there is noted on the front of this Bill of Lading that the Goods will be carried in a refrigerated or heated or electrically ventilated or other specially equipped Container.

14.2 Where Carrier in its sole discretion agrees to accept for Carriage any goods which require temperature control or refrigeration Merchant warrants that (a) it has given prior written notice to Carrier of the nature of the goods and the required temperature setting of the thermostatic controls; and (b) (in case of refrigerated Containers packed by or on behalf of Merchant) the Goods have been properly stowed in the Container and that the thermostatic controls have been properly set.

14.3 Merchant acknowledges that refrigerated Containers are not designed to freeze down cargo which has not been presented for stuffing at or below its designated carrying temperature.

14.4 Carrier shall not be held liable for any loss or damage or any other matter whatsoever resulting from (a) defects, faults, breakdown, stoppage of the temperature controlling machinery, plant, insulation or any apparatus of any Container used to transport the Goods which is not owned by Carrier; or (b) non-compliance with any requirement set out in Clause 14.2.

15.1 Carrier shall have the right, at its sole discretion, to exercise a lien on the Goods (and documents relating thereto) and/or any other property belonging to Merchant at any time for all monies due to Carrier under this contract or any other contract. The lien shall cover (without limitation) all Freight earned, General Average contributions, all charges, expenses and advances of whatever nature due to Carrier.

15.2 Carrier shall be entitled to sell at the cost and expense of Merchant the Goods and/or any such other property by public auction or private treaty or other means without giving any notice or incurring any liability to Merchant and to apply the proceeds (net of expenses) thereof in or towards satisfaction of any moneys due to Carrier

16.1 Freight is computed on the basis of the information and details provided by the Merchant. If the particulars furnished are incorrect, Merchant shall, in addition to the correct Freight, pay to Carrier a sum equal to three times the difference between the correct Freight and the Freight charged as liquidated damages, notwithstanding any other sum having been stated herein as freight payable.

16.2 Quotations as to Freight, rates of duty, insurance premiums or other charges or fees given by Carrier are for information only and are subject to changes without notice and shall not under any circumstances be binding upon Carrier.

16.3 Freight shall be deemed fully earned on receipt of the Goods by Carrier and shall be paid and nonreturnable, whether Freight is indicated to be prepaid or collected at destination.

16.4 All Freight shall be paid in full without any set off or counterclaim or deduction whatsoever

16.5 All Freight shall be paid at or within the time stipulated in Carrier’s applicable Tariffs and in any event before delivery of the Goods. Payment shall be made in cash otherwise on credit account provided based on the full discretion of the Carrier. Interest at the rate of 5% per month shall be payable on any overdue amount from the date when payment is due until payment in full. All costs and expenses incurred by or on behalf of Carrier in the recovery of any monies due from Merchant including legal costs, recovery or collection fees and expenses shall be recoverable from Merchant as a debt.

16.6 Merchant shall be liable for all dues, duties, fines, penalties, taxes, consular fees, levies on or relating to the Goods and Merchant shall reimburse Carrier for any and all advances made by Carrier in Carrier’s own discretion. Merchant shall be liable for additional or return Freight on the Goods if they are refused at the port or point of destination by any government body or authority or any other person having authority.

In the event that the Merchant fails to accept or claim their cargoes thirty (30) days after notice of arrival or delivery from the Carrier, the right to dispose the Goods to recover the expenses shouldered by the Carrier shall be exercised, However, prior to disposal the Carrier will exert all efforts to assure a proper and legal turnover of Goods to the Merchant.

In the event that the Merchant, Shipper, or owner of good’s fails to pay the Carrier the amount agreed for the services rendered, the interest rate of 5% per month on all over due accounts shall immediately apply. However, if the Merchant, Shipper, or owner of goods still fails to settle his/her financial obligations to the Carrier, the Carrier reserves its rights to take legal actions which shall be shouldered by the Merchant, Shipper or owner of good’s in terms of legal expenses.

Ernest Logistics Corporation