myZIM Spot Booking Basic Rates
MyZIM Online Booking Platform for Service Contracts and Spot Basic Rate Services - Terms and Conditions
Purpose and Applicability: These general terms and conditions apply to online bookings via MYZIM for the purpose of booking transportation, issuing documentation or other shipping related services provided by ZIM, either: (i) in accordance with an existing service contract; (ii) for a Spot basic rate service. If you are interested in a Spot Premium Service, please review the relevant terms and conditions available here.
1. Definitions:
Booking Request: a request from a Client to receive any of the Services by the Carrier, including without limitation the request for transportation schedules, delivery/shipping specifics and/or requirements.
Booking Confirmation: positive or negative confirmation of the Booking Request. If positive, the Booking Confirmation shall also include the specific date, ship and hour of departure from the point of origin, as well as the cargo approved for shipping and the rates applied.
Booking: A Booking Request that has been confirmed.
Carrier: shall mean ZIM or any third party in its behalf, as the case may be and/or as further specified below.
Carrier Information: shall mean any information or data, including without limitation any charts, diagrams, formulas, prices, business information, etc., related directly or indirectly to the Services, the Carrier or the Carrier business operations.
Client: shall mean any shipper, freight forwarder, consignee, any receiver of any Goods, any party claiming possession of any Goods transported by the Carrier, booking party or any third party on their behalf, as the case may be, requesting the provision of any of the Services as defined herein, by the Carrier or any third party on its behalf.
Customer: shall mean any consignee, any receiver of any Goods, any party claiming possession of any Goods transported by the Carrier, or any third party acting on behalf of such a consignee or receiver or claimant of Goods.
Goods: shall mean all types of goods or articles constituting a cargo, whether or not stuffed in a container, which the Carrier is requested to transport from one place to another.
Services: shall mean any cargo transportation services (whether by land or by sea), loading or unloading of cargo, packing or stuffing of cargo in containers, container leasing services, documentation issuance services (e.g. bill of lading, packing lists etc.), customs clearance services and any other manifested services provided by the Carrier or any third party on its behalf as either for a Spot Rate Basic service or in accordance with a service contract.
Registered User: a user who successfully completed the registration process for MyZIM and has obtained Digital Access Means (as defined in the MyZIM advanced Digital Service Agreement), including a CUCC, and is authorized to access and use online booking services.
User Data or User Information: shall mean any information, data, formulas, content and/or materials inserted, posted or uploaded, as the case may be, by the User. All User Data or User Information shall be stored in accordance with and subject to ZIM’s Data Protection Policy.
2. Access, Registration and Use
2.1 Access and use of the online booking is conditioned upon a successful completion of a registration process to MyZIM and obtaining a Carrier Unique Customer Code (CUCC), in accordance with the Advanced Digital Services Agreement (DSA).
2.2 The Registered User is responsible for the accuracy and completeness of any User Data or User Information provided to ZIM and/or its Agents, as that case may be. ZIM and/or its Agents shall not in any way be liable for any loss, cost or damage on account of incomplete or inaccurate User Data or User Information provided by a Registered User or any third Party on its behalf.
2.3 ZIM may regard any Registered User as properly authorized to legally bind the Registered User and/or its Organization, as well as to undertake in its name any legal or financial obligations associated with the contracting of Services from ZIM. Registered User shall be fully liable and shall indemnify ZIM and/or its Agents for any loss, cost or damage incurred on account of any misuse or unauthorized use of the registration details or a duly issued CUCC.
2.4 If any User Data or User Information inserted, posted or uploaded by a Registered User shall require ZIM or any of its Agents to contract, communicate or interact with third parties on behalf of and for the benefit of the Registered User, then the Registered User hereby appoints ZIM and its Agents, as the case may be, as ‘Authorized Proxy’ to act on behalf of the Registered User as may be necessary in order to provide it with the required Services. The Registered User shall indemnify and hold harmless ZIM and its Agents against any claims, costs, losses, damages, actions, proceedings or any other liability whatsoever (including legal costs), unless caused by gross negligence or willful misconduct of ZIM or any of its Agents.
3. Booking Request and Booking Confirmation
3.1 Any Booking Request submitted by a Registered User shall be subject to the space availability on the carrier(s) requested, equipment availability and to the approval of any special cargo to be transported (if applicable). In addition, all Bookings shall be subject to compliance with international treaties, laws and regulations, applicable to the Carrier and the transportation of Goods, as the case may be.
3.2. All Bookings are subject to the cargo acceptance policies and guidelines of ZIM available at www.zim.com/help/booking-confirmation-clauses. ZIM relies on User Information to be accurate, with full and correct cargo descriptions, precise cargo transportation or other Services required from ZIM. Registered User hereby undertakes and warrants that it shall provide the full and accurate details and information required by the Carrier and as required by applicable laws for the transportation of the Goods and understands and accepts that any discrepancy in the information provided to the Carrier may affect the ability to provide the requested Services, as well as the date and applicable rate. The Client shall be solely responsible to compensate any party for any damages caused to any party in the event the cargo’s classification as provided by Client is different than actual and/or as required (such as dangerous goods, etc.). It is hereby clarified that ZIM takes no responsibility and/or liability for such damages.
3.3. The rate quote provided by ZIM prior to the Booking Request is an estimate dependent on information provided by the Registered User and may be subject to change on account of variations in applicable cargo charges, surcharges, fees, terminal handling charges, port fees, documentation fees, customs charges, overweight or additional weight charges, goods classifications, special services or cargo handling required, taxes, demurrage, etc. ZIM reserves the right to charge additional or different charges to those provided in the rate quote.
3.4. In addition, in the event the Shipping Instructions as defined below will not be provided by the Registered User in the manner requested, additional or differing charges may apply.
3.5. All dates and times provided are reasonable estimates and may be subject to change without prior notice, for any reason, Furthermore, departure, transit, arrival and/or berthing times are estimated timeframes which cannot be guaranteed and may be subject to change for any reason with no prior notice.
3.7. A Booking Confirmation notification will be sent to the Registered User via MyZIM. With respect to a Booking, Registered User is obligated to check and verify that the information received in the Booking Confirmation is accurate, full and precise. In the event an error or discrepancy is found, it is the responsibility of Registered User to notify ZIM of such error or discrepancy within 24 hours from the appearance of the Booking Confirmation notification. The Booking Confirmation is deemed an acceptance of the full terms of carriage by both ZIM and the Registered User and the execution of a contract between the Parties.
3.8. Upon the establishment of a Booking, the Registered User shall be deemed a ‘Merchant’ and as such shall be responsible or liable for all of the shipper obligations, undertakings or liabilities. In the event another party or another shipper is appointed or nominated by the Registered User (“Alternate Shipper”) in respect of a specific booking, such appointment or nomination may be rejected by ZIM in its sole discretion. In such case, Registered User will remain the responsible or liable shipper. In any event of an Alternate Shipper, Registered User hereby warrants and represents that it has the power and the authority to legally bind and obligate the nominated or appointed shipper to the terms and conditions of the Booking, the provision of the Services by the Carrier and compliance with international laws and regulations applicable to the transportation of Goods by the Carrier. The terms and conditions and policies of the Carrier, may be found at https://www.zim.com/help/bl-terms-and-conditions. You hereby undertake to fully indemnify ZIM for any loss, cost or damage incurred in the event of the absence of authority to appoint or nominate an Alternate Shipper.
3.9 For Spot Basic Rate services, in the event of cargo to be shipped to or from the US, a service agreement in the form as can be seen in APPENDIX A shall be filed with the FMC, by the Carrier, on behalf of the Client, in accordance with the applicable laws and regulations in respect thereto.
4. Shipping Instructions
4.1. The submission of shipping instructions by the Registered User to ZIM shall include the following information available here and shall be deemed a declaration by the Registered User that the cargo and Goods may be packed, loaded and shipped in accordance with the term and conditions of the Booking.
4.2. You hereby warrant as to the accuracy and completeness of the details and information provided, including without limitation the accuracy of the cargo description, special storage and/or handling requirements (if any) and compliance with applicable laws, regulations and customs requirements.
4.3 You acknowledge and agree that if the Registered User failed to provide Shipping Instruction within the required timeframe, Carrier may not be able to, and shall not be liable to, providing the requested Services, and a deviation in the shipping instructions from the information submitted in the Booking Request may incur additional charges.
5. Payment
Registered User shall pay any fees or charges applicable to the Services within the timeframes and in the amounts applicable to the initial sailing date (the sailing date for which the Booking is made), or as otherwise advised by or agreed with ZIM, without any set-off or deduction.
6. Intellectual Property Rights, Warranties, Liability, Termination, Governing Law
The terms and conditions included in the DSA shall apply and are incorporated herein.
7. Miscellaneous
7.1 Unless otherwise specified, these Terms of Use prevail over and supersede any prior agreements, communications and representations with respect to the Services and information or data that may be accessed or obtained via MyZIM, other than specific terms and conditions for ZIM spot booking services, including Spot Premium Service or any other specific services provided by ZIM (“ZIM Customized Services”). In the event of a discrepancy or conflict with respect to spot bookings, the terms and condition of ZIM Customized Services, shall prevail.
7.2 ZIM may at its sole discretion and at any time amend, modify or replace these Terms and Conditions without prior notice. You are expected to periodically check these Terms and Conditions and take note of changes that affect You.
7.3 Notwithstanding the above, in the event of conflict or inconsistency of these Terms of Use with other agreements or terms & conditions such as: the Bill of Lading or Sea Waybill Terms and Conditions, the Data Protection Policy etc., the order of preference of the documents shall be as follows:
- B/L Terms and Conditions;
- Sea Waybill Terms and Conditions
- myZIM Online Booking Platform for Service Contracts and Spot Basic Rate Services - Terms and Conditions
- myZIM Advanced Digital Services Agreement
- Quotation Terms and Conditions
- Data Protection Policy
- ZIM Cookies and Tracking Policy
- Booking Confirmation Clauses
7.4 ZIM may provide notification to You in writing to the email address provided during the registration process to MyZIM. Proof of a posting or transmission of a notification shall be deemed proof of receipt by You within 24 hours of such transmission or posting.
7.5 In the event any provision of these Terms and Conditions shall become void, illegal or unenforceable, such provision shall be modified so as to make it valid and enforceable. In any event, each of the provisions in the Terms and Conditions shall be deemed severable so as not to affect the remainder in any way.
7.6 Registered User may not assign, transfer or license any rights or obligations under these Terms and Conditions without the prior written consent of ZIM.
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APPENDIX A
Service Contract
Service Contract No. ZSxxxxxx CUCC: xxxxxx
Organization No. 019210 Essential Terms No. ZIMU-151
FMC File No. xxxxxx
This Service Contract (“Contract”) is entered into between ZIM Integrated Shipping Services, Ltd. (referred to as “Carrier”) and Merchant Name (“Merchant”) for services available under Carrier’s myZIM spot basic rates; the parties hereby mutually agree to the rates, terms and related conditions set forth at Carrier’s myZIM spot basic rates. In witness whereof, the parties have executed this Contract through their duly authorized representatives as of the date(s) set forth below.
Merchant certifies its status as Beneficial Owner of the Cargo/ Non-Vessel Operating Common Carrier (FMC No.___)/ Other (Specify) ______________ [ Fill in as applicable] in accordance with 46 C.F.R. §530.6.
GOVERNING TARIFFS. Cargo moving under this Contract shall be subject to all charges, rules and conditions as are published in and effective under the relevant and applicable governing Tariff(s) in effect on the date the cargo is received for shipment by the Carrier or its designated agent. Shipments tendered and carried under this Contract shall also be subject to the provisions of Carrier’s Bill of Lading presently on file with the (U.S.) Federal Maritime Commission.
TERM. This Contract shall be effective for a period of one (1) year from the date of execution by Merchant.
SCOPE. This contract covers shipments tendered by Merchant for transport from Origins and / or loading ports to Destinations and / or delivery ports and for those Commodities identified in Annex 1 attached hereto.
MINIMUM QUANTITY COMMITMENT. Merchant agrees to tender a minimum of TEU of cargo to Carrier for shipment hereunder; Carrier agrees to make available vessel capacity adequate to carry said minimum quantity.
NOTE: Merchant acknowledges that the cargo moving under this Contract shall be credited only against the foregoing MQC, whether or not Merchant holds another Service Contract with Carrier.
INCORPORATION OF TERMS. The Terms and Conditions for eZ Quote, published at https://www.zim.com/help/terms-and-conditions-for-ez-quote and agreed to by Merchant in a separate instrument, are incorporated into and constitute a part of this agreement.
ZIM Integrated Shipping Services Ltd. [Merchant Name]
[Authorized Signatory / Title] [Authorized Signatory / Title]
Date: Date:
Annex 1
ORIGINS / DESTINATIONS / COMMODITIES / FREIGHT RATES