a.

"Carrier" means HMM Co., Ltd. and its subsidiaries who are the providers of the transport service.

b.

"Merchant" includes the party who make booking through HMM Hi Quote (HMM instant Quote) service, the shipper, consignor, consignee, owner, and receiver of the Goods, and the holder of this Bill of Lading, all of whom shall be jointly and severally liable to the Carrier for the payment of all freight, demurrage, damages for detention, and for the performance of the obligations of any of them under this terms and conditions.

a.

The rates applicable to all cargo carried under HMM Hi Quote shall be the rates set forth in each individual Contract. Rates shall be subject to all other charges, surcharges and arbitraries in Carriers governing tariff(s) applicable at the time of shipment.

b.

Except as otherwise specified in the Contract, rate is only applicable to general types of cargoes (excluding dangerous, hazardous or refrigerated controlled cargoes and cargo shipped via flexitank) moving in dry closed type containers and per container rates based on the CY/CY mode transport.

c.

HMM Hi Quote rate can differ from rates that are quoted from HMM's offline channels, as a rate can change based on space, container availability and market situation.

d.

HMM Hi Quote rates are calculated based on the related factors (such as rates, surcharges. regulations) and the tariff at the time of booking. The rate is shown in USD and the detailed amount might change in each invoice if some surcharges are charged in local currency. The Shipper agrees to accept the gap from currency fluctuations.

e.

The rate can change until the shipper receives the final invoice if there is any update in booking such as cancellation, amendment, schedule delay, and schedule delay / roll-over. See Rule 7 in this terms and conditions for the details.

f.

Additional heavy weight charges & others may be occur based on HMM internal regulation.

a.

Cancellation Fee
Based on the date of the request for cancellation of the booking, if the shipper notifies cancellation within 10 calendar days before the vessel departure date (“ETD”), or fails to deliver container for the shipment, shipper has to pay for the cancellation fee.

b.

Compensation Credit
Carrier’s commitment is to load and ship the containerized goods as provided in the Booking Confirmation, if for any reason within the Carrier’s control, containerized Goods are rolled-over or delayed 8 days or more on the vessel departure date (“ETD) in Booking Confirmation, the Carrier shall pay the Shipper Compensation Credit.

c.

Booking Amend Fee
If a booking change is requested by Shipper within 10 calendar days before the vessel departure date (“ETD”) will be subject to Booking Amend Fee.

a.

Except otherwise provided in this Contract, if a dispute arises from or relates to transactions between the Parties under this Contract, the Parties shall endeavor to settle the dispute first through direct discussions and negotiations. If the dispute cannot be settled through direct discussions, either Party may commence mediation process by submitting the dispute to the Arbitration Association of the related country.

b.

If a dispute has not been resolved within sixty (60) days after the written notice beginning the mediation process (or a longer period, if the Parties agree to extend the mediation), the mediation shall terminate and the dispute shall be referred to arbitration procedure mutually agreed. The costs of mediation shall be equally divided by the Parties.

c.

Discovery shall be permitted in connection with the arbitration only to the extent, if any, expressly authorized by arbitrator or arbitration panel upon a showing of substantial need by the Party seeking discovery. All aspects of the arbitration shall be treated as confidential. The Parties and the arbitrator/panel may disclose the existence, content or results of the arbitration only as provided in the rules or upon mutual written consent by the Parties. Before making any such disclosure, a Party shall give written notice to all other Parties and shall afford such Parties a reasonable opportunity to protect their interests. The result of the arbitration will be binding on the Parties, and judgment on the arbitration award may be entered in any court having jurisdiction. The prevailing Party in any dispute that is resolved by the arbitration shall be entitled to recover from the other Party reasonable attorneys’ fees, costs and expenses incurred by the prevailing Party.

d.

If no agreement reaches on commencing mediation or arbitration between Carrier and Merchant, the dispute shall be solved in accordance with Clause 29 Governing law and Jurisdiction of Carriers’ Bill of Lading (refer to Cl. 12 of this contract below)

a.

The Carrier shall have a lien on the Goods, any documents relating thereto, or any other cargo or property of the shipper within the Carrier’s custody or control for all freight, dead freight, demurrage, damages for detention, general average contributions, stevedoring charges, storage, container per diem expenses, and any other sums whatsoever (including costs and attorney fees for recovering the sums) chargeable to the Merchant under this or any other Bill of Lading or any contracts related thereto. The Carrier may foreclose the lien by selling the Goods, without notice to the Merchant, where applicable, privately or by public auction. If proceeds of the sale of the Goods fail to cover the amount due and the costs and fees incurred, the Carrier shall be entitled to recover the deficit from the Merchant.

b.

At the Carrier’s sole discretion if the Goods are unclaimed for a reasonable time beyond its free time allowance, or whenever in the Carrier's opinion the Goods will deteriorate or depreciate, the Carrier may at its discretion exercise its lien or sell, abandon, or otherwise dispose of such Goods at the risk and expense of the Merchant.

a.

Upon occurrence of a Force Majeure event, the Party affected by a force majeure event shall notify the other Party in writing as soon as possible, but no later than seven (7) working days of the occurrence of such event(s) the nature and impact on its ability to perform its obligations hereunder. Force Majeure events include work stoppages, strikes, accidents, casualties, lock-outs, fire, road, marine or rail disasters, acts of God, governmental restraint, war or hostilities, terrorism, piracy, embargoes or other similar conditions beyond its ability to perform its obligations hereunder. Force Majeure events will not include commercial contingencies such as changing market, poor management decisions or business declines. Under receipt of notification regarding the existence of Force Majeure conditions, the notifying Party shall be excused from its obligations under this Contract to the extent of and for the duration of the inability.

b.

Without prejudice to any rights or privileges of the Carrier under applicable Bill of Lading, the applicable Contract or applicable laws, upon the occurrence of a Force Majeure affecting Carrier’s operations, the Carrier shall have the right to cancel any outstanding booking or take such actions(s) with respect to the cargo as may be authorized by the terms of its Bill of Lading and to recover any and all expenses associated with the actions(s) taken by the Carrier pursuant to the Bill of Lading.

c.

In the event that the Carrier is prohibited by any governmental agency from unloading some or all of the cargo on a particular vessel and such prohibition is not due to any act of omission of the Carrier, then such prohibition shall constitute a force majeure event that shall relieve the Carrier from responsibility for any and all delay, damage, injury and expense suffered or incurred as a result thereof including but not limited to, breaches of service commitments and/or transit time guarantees.