Terms & Conditions | OceanCargo

"Company" means your registered Maltese FFW entity, Ocean cargo Company Limited, registered in Malta with company registration number [C92835].
"Customer" means any person, firm, or company at whose request or on whose behalf the Company undertakes any business, advice, or services.
"Owner" means the owner of the goods (including all packaging and containers) and any other person who has or may acquire an interest in them.
"Goods" means any property, including live animals, containers, pallets, or transport equipment, handled by the Company.
"SDR" means a Special Drawing Right as defined by the International Monetary Fund (IMF).

2.1 All activities of the Company in the course of business, whether gratuitous or for reward, are undertaken subject to these Conditions.
2.2 The Customer warrants that they are either the Owner or the authorized agent of the Owner of the Goods, and explicitly accepts these terms on behalf of themselves and the Owner.
2.3 If any legislation (such as the Carriage of Goods by Sea Act or mandatory international conventions like CMR, Hague-Visby, or Montreal Conventions) is compulsorily applicable to any business undertaken, these Conditions shall be read as subject to such legislation.

3.1 The Company acts primarily as an agent on behalf of the Customer when selecting, engaging, and entering into contracts with third parties (carriers, warehousemen, stevedores, port authorities).
3.2 The Company is not a common carrier and reserves the absolute right to refuse any booking or transport of goods at its sole discretion.
3.3 When acting as an agent, the Company is not liable for the acts, omissions, or defaults of third-party carriers, provided the Company exercised reasonable due diligence in selecting them.

The Customer expressly warrants and guarantees that:

4.1 The description, weight, volume, value, and particulars of the Goods provided to the Company are complete, accurate, and correct.
4.2 All Goods have been properly and sufficiently packed, labeled, and marked to withstand the ordinary risks of handling, storage, and transport.
4.3 The Customer will reimburse and indemnify the Company against all duties, taxes, fines, or losses incurred due to inaccurate information or non-compliance with customs regulations.

5.1 Unless prior written agreement is obtained, the Company will not accept or deal with Dangerous Goods (hazardous, flammable, toxic, or radioactive substances) or Valuables/High-Value Goods (bullion, banknotes, coins, jewelry, precious stones, high-value artwork).
5.2 If any such Goods are delivered without written authorization, they may be refused, abandoned, or destroyed at the sole discretion of the Company, entirely at the risk and expense of the Customer.

6.1 All offers and price quotes provided by the Company are subject to revision without notice and are not binding until a booking is confirmed by the Company in writing.
6.2 Quotations are based on current freight rates, exchange rates, port charges, and fuel surcharges. Any increases in these variables prior to or during transport will be passed on to the Customer.
6.3 Any delay in loading or unloading exceeding the standard free-time (demurrage/detention) will be billed directly to the Customer's account.

7.1 No insurance will be effected by the Company except upon express, written instructions given by the Customer.
7.2 All insurances arranged are subject to the standard conditions and exclusions of the underwriting insurance companies. Declaring a value of goods on a shipping order or invoice does not constitute an instruction to insure.

8.1 The Company shall only be liable for loss or damage caused directly by its failure to exercise reasonable due diligence.
8.2 In accordance with the standard FIATA Model Rules, the Company's liability for loss or damage to Goods shall under no circumstances exceed 2 SDR per kilogram of gross weight of the Goods lost or damaged.
8.3 Liability for financial loss resulting from delay shall be strictly limited to an amount not exceeding the remuneration (freight charges) payable to the Company for the specific service that gave rise to the delay.
8.4 The Company shall never be liable to the Customer for indirect or consequential losses, including but not limited to loss of profit, loss of market share, or loss of business opportunity.

9.1 Any claim by the Customer against the Company must be made in writing and notified immediately. For apparent damage, notice must be given upon delivery. For non-apparent damage, notice must be given within 6 consecutive days of delivery.
9.2 The Company shall be discharged of all liability unless legal or arbitration proceedings are officially brought against the Company within 9 months from the date of delivery of the Goods, or the date when the Goods should have been delivered.

10.1 These Conditions, and any contract to which they apply, shall be governed by and construed in accordance with the Laws of Malta.
10.2 Any dispute, controversy, or claim arising out of or relating to the services provided by the Company shall be referred to and finally resolved by Arbitration in Malta under the auspices of the Malta Arbitration Centre and in accordance with the Arbitration Act (Cap. 387 of the Laws of Malta).