1. General Terms and Conditions

1.1 “Carrier” refers to Ocean Network Express (“ONE”) and its subsidiaries who are the providers of the transport services.

1.2. “Merchant” refers to the party that agrees and accepts the terms and conditions of ONE QUOTE while placing any bookings on ONE QUOTE.

1.3. The Merchant shall be responsible for all of the obligations and liabilities of the shipper and is also subject to the Carrier’s acceptance of the nomination of a different shipper. In addition, the Merchant is to be fully liable for any loss and cost incurred to the Carrier in case the nomination of the shipper or any other party is incorrect, and the Merchant does not have an authority to legally bind the nominated shipper or any other party in the booking.

1.4. Notwithstanding the subsequent issuance of any Bill of Lading (whether negotiable or not), waybill or similar transport documents (either in paper or electronic form) and any pre-printed portions thereof, ‘Terms and Conditions – ONE QUOTE’ shall apply and be deemed to be incorporated into the terms of the ONE B/L terms. In addition, the ‘Terms and Conditions - ONE QUOTE’ shall be extended as required, logically amended, varied, and supplemented to the ONE B/L terms, but the validity and enforceability of the other provisions of the ONE B/L terms shall remain in full force and not be affected.

1.5. Without prior notice to the Merchant, the Carrier reserves the right to amend the terms and conditions.

1.6. Currently, ONE QUOTE is available for non-DG DRY and REEFER export shipments. In case a booking is accepted for a shipment other than the scope mentioned above for whatever reason it may be, such booking shall be cancelled without any responsibility from the Carrier. In addition, for REEFER shipments, high-value cargo, including but not limited to pharmaceutical products, and refrigerated commodities that require special treatment, such as  Controlled Atmosphere (“CA”) or Cold Treatment (“CT"), are not accepted and the Carrier reserves the right to cancel the booking during the Shipment Instruction (“SI”) submission stage.

 

2. Freight

2.1. The quotation rates shall not be subject to change once a Booking Confirmation has been received.

2.2. In case the Merchant wishes to make amendments to the booking, the booking shall be subject to repricing based on the changes made, including but not limited to the route, voyages, equipment type, and the total container volume. Please note that the original booking will be canceled once an amendment is requested.

2.3. The total freight summary in USD on ONE QUOTE is for reference purposes only and should not be used as the actual freight payment. The actual payable manifested freight and charges are based on the freight and charge detail listed in the Booking Receipt Acknowledgement.

2.4. The rates quoted are subject to space and equipment availability. In addition, the quotation is subject to the Merchant’s compliance with the restrictions and regulations, including but not limited to weight restrictions and cargo restrictions.

2.5. The rates offered on ONE QUOTE may differ compared to the rates offered in other sales channels, including but not limited to online and offline channels for the same conditions.

2.6. The freight shall be subject to non-manifested local surcharges. In addition, the Carrier is entitled to charge the Merchant with additional services and charges that may occur after the Booking Confirmation, including but not limited to heavyweight surcharges, pick-up/drop-off charges, and container cleaning fees.

2.7. Any obvious freight errors and mistakes on ONE QUOTE are not binding to the terms and conditions.

 

3. ONE QUOTE Charges

3.1. The operational and system cost for utilizing the system is free of charge. However, in a situation in which a customer cancels, partially cancels, or does not bind to the reserved booking, ONE would require a Booking Cancellation Fee "CCL" as mentioned in Section 8.

 

4. Equipment

4.1. The Carrier and its subsidiaries would make every effort to provide the equipment to ONE QUOTE Merchants but always subjected to its availability.  

4.2. If the Merchant wishes to change the equipment size or type, then the booking shall be subject to repricing based on the amended equipment. If the notice for amendment is not provided to the Carrier by the Merchant based on the conditions laid out in Section 8, then a fee (Booking Cancellation Fee "CCL") shall be payable by the Merchant.

4.3 If the Merchant wishes to

• 4.3.1. Change the equipment size or type that does not change the total TEU of a booking; or
• 4.3.2. Add the same equipment size or type that results in an increase in the total TEU of a booking; or
• 4.3.3. Reduce the number of the total TEU of a booking

then the booking shall be subject to repricing only based on the amended and/or added equipment for cases 4.3.1 and 4.3.2. For case 4.3.3., the booking shall be subject to the Cancellation Fee (“CCL”) in addition to repricing.

4.4. Merchants may need to pay additional charges to cover the equipment supply cost if the pick-up/drop-off locations differ from the origin/destination location confirmed in the booking.

4.5. The equipment availability may be subject to special grade containers, such as but not limited to food grade.

 

5. Demurrage and Detention

5.1. The applicable free time, demurrage, and detention for ONE QUOTE cargo are subject to the Carrier’s detention and demurrage tariff, which can be found here.

5.2. The Carrier offers special ONE QUOTE free time, demurrage, and detention for specific countries or locations. The locations that are subject to the special conditions can be found here. Without prior notice to the Merchant, the Carrier reserves the right to amend the special condition.

5.3. ONE QUOTE offers additional free time to be purchased at the booking stage as an additional service, and the available locations for purchase are subject to the Carrier’s offering based on trade and port pairs. The purchased additional free time may not be extended more than the purchased number of days, and the additional free time service charge shall be payable by the Shipper.

5.4. In the case of underuse of the purchased additional free time, there will be no refund for the underused portion of the days purchased.

5.5. In the case of overuse of the additional free time purchased, the standard tariff shall be applied to the containers that have exceeded the free time period as per the regular process.

5.6. If the Merchant wishes to cancel the additional free time service, the Merchant must cancel the booking, for which the Merchant shall pay the Carrier a fee (Booking Cancellation Fee (*CCL") as per the conditions laid in Section 8.

 

6. Payment

6.1. The Merchant agrees and confirms that all statements/invoices will be paid on time and shall not, under any circumstance, fail to make payment. The prepaid charge shall be settled prior to the release of the Bill of Lading, and the destination charge shall be settled prior to the release of the cargo.

6.2. Some countries may adhere to different payment terms for certain charges and the Merchant may contact local sales representatives for information on exceptional payment terms.

6.3. For REEFER shipments, the payment term shall be limited to “Prepaid” only. For any exceptional requests, the Merchant may contact local sales representatives.

6.4. In the event that the Merchant fails to pay the freight and charges associated with the cargo, the Carrier reserves the right to exercise the applicable right for holding a lien over the cargo. In addition, the Compensation Fee for the Premium Cargo Service/Special Promotion Service will only be settled after the outstanding freight has been paid by the Merchant.

 

7. Premium Cargo Service & Special Promotion Service

7.1. The Merchant can purchase a Premium Cargo Service/Special Promotion Service as an option for which the Booking Confirmation will act as the binding agreement between the Merchant and the Carrier.

7.2. If the Merchant has purchased a Premium Cargo Service/Special Promotion Service, the Carrier is committed to provide the equipment and load and ship the Goods on the first ocean leg vessel as provided in the Booking Confirmation, subject to the conditions mentioned in the terms and conditions.

7.3. The Merchant who has purchased the Premium Cargo Service/Special Promotion Service is committed to deliver the cargo to ONE as per the booking detail listed in the confirmed booking. In the event of a full booking cancellation, partial booking cancellation, or booking cancellation resulting from an amendment request, the Merchant shall pay the Carrier a fee (Booking Cancellation Fee "CCL") as per the conditions laid in Section 8.

 

8.Merchant’s Responsibility

8.1. The Merchant is to deliver the Goods for shipment by the Carrier before the cut-off time as indicated in the Booking Confirmation.

Merchants with Premium Cargo Service or Special Promotion Service

• 8.1.1. For Merchant who has purchased the Premium Cargo Service/Special Promotion Service, if the Merchant wishes to fully cancel the shipment (i.e. full cancellation) or reduce the number of containers (i.e. partial cancellation) after the Booking Confirmation has been issued, then the Merchant shall pay the Carrier a fee per container cancelled (Booking Cancellation Fee "CCL") regardless of the cancellation timing as long as the booking has been once confirmed. In terms of the quantum, the cancellation fee shall be the same as the total Premium Cargo Service/Special Promotion Service fee shown in the Booking Receipt Acknowledgement. For a partial cancellation, the Cancellation Fee per cancelled container is the same as the Premium Cargo Service/Special Promotion Service fee per container provided in the Booking Receipt Acknowledgement. In addition, partially cancelled bookings will be subject to repricing. Please also find the latest Premium Cargo Service/Special Promotion Service fee matrix on the ONE QUOTE’s page on our eCommerce website

• 8.1.2. For Merchant who has purchased the Premium Cargo Service/Special Promotion Service, in case the Merchant wishes to make amendments to the booking, including but not limited to the route, voyages, and equipment size/type, a fee (Booking Cancellation Fee “CCL") shall be applied, for these amendments will result in a cancellation of the current booking, as well as subject to repricing based on the changes made. Please note that the original booking will be cancelled once an amendment is requested. For the amendment, the Merchant shall pay the Carrier a fee per container amended (Booking Cancellation Fee "CCL"), which is equivalent to 50% of the Premium Cargo Service/Special Promotion Service fee per container mentioned in the Booking Receipt Acknowledgement. Please also find the latest Premium Cargo Service/Special Promotion Service fee matrix on the ONE QUOTE’s page on our eCommerce website

  Table 1: Merchants without Premium Cargo Service or Special Promotion Service - Booking Cancellation Fee Applicable Timing

  Earlier Than Day 10 Before ETD	Day 10 Before ETD	Day 9 Before ETD	Day 8 Before ETD	Day 7 Before ETD	Day 6 Before ETD	Day 5 Before ETD	Day 4 Before ETD	Day 3 Before ETD	Day 2 Before ETD	Day 1 Before ETD	ETD
  Not Applicable	✓ Applicable	✓ Applicable	✓ Applicable	✓ Applicable	✓ Applicable	✓ Applicable	✓ Applicable	✓ Applicable	✓ Applicable	✓ Applicable	✓ Applicable

Merchants without Premium Cargo Service or Special Promotion Service

• 8.1.3. For Merchant who has not purchased the Premium Cargo Service/Special Promotion Service, if the Merchant wishes to fully cancel the shipment (i.e. full cancellation) or reduce the number of containers (i.e. partial cancellation) after the Booking Confirmation has been issued, then a cancellation notice must be provided by the Merchant to the Carrier more than 10 days before the scheduled estimated time of departure (“ETD”). If a cancellation notice is provided 10 days before the ETD or less, or on the ETD day itself, then the Merchant shall pay the Carrier a fee (Booking Cancellation Fee "CCL") per TEU cancelled shown in the below table. In addition, partially cancelled bookings will be subject to repricing.
   

  Scope	CCL Amount (USD)	Effective Date (Booking Date)	Expiration Date
  East Asia Trade*	$20 per TEU	June 1st, 2021	Until Further Notice
  All Trades (Except for East Asia Trade)	$100 per TEU	June 1st, 2021	Until Further Notice
  Export shipments from Bangladesh, India, Pakistan, Sri Lanka, Red Sea and the Middle East** to  East  Asia	$25 per TEU	May 4th, 2023	Until Further Notice
  Export shipments from North America	$10 per TEU	February 1st, 2024	Until Further Notice

  *East Asia Trade is covering cargo from and to the following countries or regions:
  BRUNEI, CAMBODIA, CHINA, HONG KONG, INDONESIA, JAPAN, KOREA, LAOS, MACAU, MALAYSIA, MYANMAR, PHILIPPINES, RUSSIA***, SINGAPORE, TAIWAN, THAILAND, and VIETNAM
  
  **The Red Sea and the Middle East countries are referring to the following:
  DJIBOUTI, EGYPT, JORDAN, SAUDI ARABIA, UNITED ARAB EMIRATES, OMAN, BAHRAIN, KUWAIT, IRAQ, and QATAR
  
  ***Only the following ports in Russia are under the East Asia scope: NAKHODKA, VLADIVOSTOK, VOSTOCHNY
• 8.1.4. For Merchant who has not purchased the Premium Cargo Service/Special Promotion Service, if the Merchant wishes to amend the booking after the Booking Confirmation has been issued, including but not limited to the route, voyages, and equipment size/type, then the booking will be subject to repricing based on the changes made, and an amendment notice must be provided by the Merchant to the Carrier more than 10 days before the scheduled estimated time of departure (“ETD”). If an amendment notice is provided 10 days before the ETD or less, or on the ETD day itself, then the Merchant shall pay the Carrier a fee (Booking Cancellation Fee "CCL") per TEU amended shown in the below table.
   

  Scope	CCL Amount (USD)	Effective Date (Booking Date)	Expiration Date
  East Asia Trade*	$20 per TEU	June 1st, 2021	Until Further Notice
  All Trades (Except for East Asia Trade)	$100 per TEU	June 1st, 2021	Until Further Notice
  Export shipments from Bangladesh, India, Pakistan, Sri Lanka  Red Sea and the Middle East** to East Asia	$25 per TEU	May 4th, 2023	Until Further Notice
  Export shipments from North America	$10 per TEU	February 1st, 2024	Until Further Notice

  *East Asia Trade is covering cargo from and to the following countries or regions:
  BRUNEI, CAMBODIA, CHINA, HONG KONG, INDONESIA, JAPAN, KOREA, LAOS, MACAU, MALAYSIA, MYANMAR, PHILIPPINES, RUSSIA***, SINGAPORE, TAIWAN, THAILAND, and VIETNAM
  
  **The Red Sea and the Middle East countries are referring to the following:
  DJIBOUTI, EGYPT, JORDAN, SAUDI ARABIA, UNITED ARAB EMIRATES, OMAN, BAHRAIN, KUWAIT, IRAQ, and QATAR
  
  ***Only the following ports in Russia are under the East Asia scope: NAKHODKA, VLADIVOSTOK, VOSTOCHNY

8.2. If the Merchant fails to deliver the Goods for shipment to the Carrier due to unforeseeable circumstances related to

• 8.2.1. Force majeure; or
• 8.2.2. Customs inspection delay with a proven record from authority

then a fee (Booking Cancellation Fee "CCL") mentioned in Section 8 shall not be applicable. In addition, if a booking needs to be cancelled due to a combining of bookings and the newly combined booking has been placed, then a fee (Booking Cancellation Fee "CCL") shall not be applicable.

The Merchant shall submit evidence and proof to the Carrier, proving that the non-performance of the Merchant’s obligation was unavoidable and met the exceptional circumstances listed in 8.2.1 or 8.2.2

8.3. The Merchant warrants to the Carrier that the particulars relating to the commodity and cargo weight are accurate and correct. The Merchant also warrants that the Goods are lawful Goods and contain no contraband, drugs or other illegal substances or stowaways, and that the Goods are non-hazardous Goods.

8.4. If, however, there is a discrepancy of more than 3 metric tons per TEU between the weight declared during the booking stage and the final weight before loading, the Merchant shall pay the Carrier a weight discrepancy fee of $2,000 per container. 

 

9. Carrier’s Responsibility

9.1. The service schedule for Departure (Estimated Time of Departure “ETD”), Transit Time (Duration), and Arrival Time (Estimated Time of Arrival “ETA”) on ONE QUOTE may change after the Booking Confirmation. In addition, the ETD, Duration, and ETA are not part of the contract of carriage and the Carrier does not guarantee/provide commitment to these schedules.

9.2. If the Merchant has purchased a Premium Cargo Service/Special Promotion Service, the Carrier is committed to provide the equipment, load and ship the Goods on the first ocean leg as provided in the Booking Confirmation, subject to the conditions mentioned in the terms and conditions.

9.3. The space guarantee for loading and shipping the goods is limited to ocean routes, and the Carrier does not extend the guarantee to the loading to an inland transportation mode.

9.4. In the event of the Booking Confirmation is issued to the Merchant by the Carrier, for any change requested by the Merchant which would result in the cancellation of the existing booking, the new booking placed on the same ship does not automatically carry the Premium Cargo Service/Special Promotion Service unless the Merchant has also purchased the Premium Cargo Service/Special Promotion Service for the new booking.

9.5. The Carrier would make every effort to fulfill the service requirement listed in the confirmed booking, and it is unlikely that the Carrier will change or cancel the Merchant’s booking. However, after the Booking Confirmation is issued by the Carrier, in an unlikely event where the Carrier fails to provide the equipment, load and ship the cargo on the first ocean leg vessel for which the Merchant has purchased Premium Cargo Service/Special Promotion Service, except for the circumstances listed in Section 9.6, the Carrier shall compensate the Merchant for the change of shipment at below quantum. Please find the latest quantum of the Premium Cargo Service/Special Promotion Service fee in the ONE QUOTE’s page on our eCommerce website

• 9.5.1. Rollover to an alternative vessel: 50% of the Premium Cargo Service/Special Promotion Service fee per container as listed on the Booking Receipt Acknowledgement
• 9.5.2. Cancellation due to equipment unavailability: 100% of the Premium Cargo Service/Special Promotion Service fee per container as listed on the Booking Receipt Acknowledgement

9.6. The Compensation Fee, as stated in Section 9.5, shall not be payable by the Carrier to Merchant if the Carrier’s failure, as stated in Section 9.5, is due to the following that are beyond Carrier’s reasonable control:

• 9.6.1. Force majeure; or
• 9.6.2. The delay in pre-carriage transportation including barge, rail, and truck to connect to the booked ocean vessel; or
• 9.6.3. Equipment pick-up date by the Merchant is earlier than the date requested by the Carrier; or
• 9.6.4. Special requirements of the equipment condition such as food grade; or
• 9.6.5. The Merchant rejects a different equipment type to serve as a substitute for the required equipment type proposed by the Carrier; or
• 9.6.6. Port omission (beyond the Carrier’s reasonable control); or
• 9.6.7. Late document submission or incorrect declarations by Merchant; or
• 9.6.8. Late gate-in (missing the cut-off time) by Merchant; or
• 9.6.9. Noncompliance with weight, cargo, and commodity restrictions or limitations by the regulation or Merchant; or
• 9.6.10. Breaching of ONE’s B/L Clause by Merchant; or
• 9.6.11. Outstanding freight not paid for the shipment by Merchant and not complying with the payment terms.

In addition, if the Goods are loaded and shipped on an alternative vessel within three (3) days earlier or after the scheduled ETD as confirmed in the Booking Confirmation, then the Carrier shall not pay the Compensation Fee. Lastly, in the unlikely event of multiple rollovers, the Compensation Fee will only be paid once.

9.7. The claim for the Compensation Fee must be submitted by the Merchant within sixty (60) calendar days of the change made by the Carrier in order to be eligible for compensation.

9.8. The Compensation Fee will not be credited to any future shipments as well as in case the Merchant cancels the shipment after a rollover.

 

10. Force Majeure

10.1. Force Majeure referred in Sections 8 and 9 means any circumstances beyond the reasonable control of a party which, by the exercise of due diligence, such party is unable to provide against, such as but not limited to war (whether declared or not), warlike or belligerent acts or operations, hostilities or the imminence thereof, act of public enemies, terrorism or terrorist acts, restraint of princes, rulers or people, compliance with any compulsorily applicable law or governmental directive, boycott against flag, political ban, epidemic, port congestion which is reasonably anticipated to incur delay of 48 hours or more, act of God, strikes, lockouts, labor disputes, stoppages or unrest (whether or not involving the employees of the affected party), accidents, invasion, rebellion or sabotage, or any other events whatsoever beyond the reasonable control of the affected party.

10.2. The performance of this Agreement by the affected party, to the extent of the Force Majeure, shall be suspended without penalty or liability on the part of the affected party (in whole or in part as appropriate) until such time as the performance thereof is again practicable, without prejudice to any rights, liabilities, and obligations accrued up to the date of suspension.

10.3. Any party affected by any event of Force Majeure shall take all reasonable steps to minimise the consequences of such event on the performance of their material obligations under the booking.

 

11. Governing Law and Jurisdiction

11.1. The terms and conditions and provision of the service shall be governed by Singapore law except as may be otherwise provided for herein. Unless otherwise agreed by the Carrier, any action against the Carrier hereunder must be brought exclusively before the Singapore High Court. Any action by the Carrier to enforce any provision of these terms and conditions may be brought before any court of competent jurisdiction at the option of the Carrier.

 

12. Appendix I: Booking Cancellation and Amendment Fee Matrix

Table 2: Merchants with Premium Cargo Service or Special Promotion Service

Table 3: Merchants without Premium Cargo Service or Special Promotion Service

For East Asia trade, USD 20 per TEU shall be applicable. East Asia Trade is covering cargo from and to the following countries or regions:
China/Hong Kong/Korea/Japan/Vietnam/Taiwan/Indonesia/Thailand/Malaysia/Singapore/Philippines