1. Acceptance of These Terms
These Terms of Service form a legal agreement between you and Vans Shipping Company Limited, a company working from the Hung Hom bridge office in Hong Kong. By visiting this website, by completing the message form or by sending a booking request to the charter desk, you agree to these terms and to the Privacy Policy published on this site. If you do not agree, please do not use the site and do not send a booking request.
Where you act for a company or another organisation, you confirm that you have authority to bind that organisation to these terms. Where you act as an agent for a shipper, you confirm that you have the authority to place the booking and to receive notices on the shipper behalf. A booking made by an agent is treated as a booking made by the shipper, and both are bound by these terms.
2. Definitions
In these terms, the following words have the meanings given below. A definition applies to the singular and the plural, and to the masculine, feminine and neutral form alike.
- The company means Vans Shipping Company Limited of Rm 807A 8/F Two Harbourfront, 22 Tak Fung St, Hung Hom, Hong Kong - 999077, Hong Kong (HK).
- The desk means the charter desk operated by the company at the address above.
- The website means the pages published at onepiecemgmt.autos, including the homepage, the services page, the contact page and the legal pages.
- Booking means a named slot on a chartered vessel issued by the desk for a full container load.
- Container means a box, a reefer, an open top unit or another unit accepted by the desk for carriage.
- Service means any of the six charter services described on the services page.
- The shipper means the person or organisation that requests the booking and owns or controls the cargo.
- Hub means a port at which a container is landed and lifted onto a connecting vessel.
- Berth window means the period during which a vessel is scheduled to be alongside a berth.
3. Scope of the Services
The company offers chartered container sailings supported by the six services described on the services page: FCL charter bookings, transshipment hub calls, port agency handling, container positioning runs, reefer plug monitoring and salvage survey coordination. The website describes these services for information, and the desk confirms the exact scope of each job in writing before work begins.
A service is not a general freight forwarding arrangement and does not include insurance, customs brokerage or warehousing unless the desk agrees to those items in writing. Where a shipper needs an additional service, the desk will say whether the company can provide it, whether a partner can provide it or whether the shipper must arrange it independently. No statement on this website creates an obligation beyond the written confirmation issued by the desk.
4. Booking Requests and Confirmation
A booking request is an invitation for the desk to offer a slot, and it does not bind the company until the desk issues a written confirmation. The confirmation sets out the box size and type, the sailing date, the terminal and gate cut off, the documentation deadline, the freight charge and any special condition attached to the cargo.
The shipper must check the confirmation on receipt and must notify the desk of any error before the cut off. Where a detail changes after confirmation, the desk will issue an amendment, and the amendment may carry a charge or a new deadline. The desk keeps a record of every confirmation and amendment, and that record is the reference for any later question about the booking.
Slot release
A slot that has been confirmed but not used by the gate cut off may be released, and the freight charge may remain payable in accordance with the confirmation. The desk will tell the shipper before releasing a slot where time allows, so that the shipper can confirm, amend or cancel the booking. A release for reasons outside the control of the shipper is handled under section sixteen.
5. Cargo Representations
The shipper confirms that the cargo description, the declared weight, the container number and any dangerous goods declaration are accurate and complete. A cargo that differs from the declaration may be refused, held or re stowed, and the shipper is responsible for the cost of the difference and for any loss caused by it.
The shipper confirms that the container is suitable for the cargo, is properly packed, is secured and is free from damage that would affect the passage. Where the company supplies the container, the shipper must inspect it before loading and must report any defect to the desk before the container leaves the gate. Where the shipper supplies the container, the shipper is responsible for its condition.
Dangerous goods, temperature controlled cargo, out of gauge cargo and cargo subject to a regulatory permit must be declared before the booking is confirmed. The company may refuse a cargo that cannot be carried safely, and the desk will explain the reason in writing. The shipper remains responsible for any penalty imposed by a terminal, a port authority or another authority because of an inaccurate declaration.
6. Schedules, Berth Windows and Delays
The company makes every effort to keep the schedule shown in a confirmation, but a sailing date and a berth window are estimates unless the desk states otherwise in writing. Weather, port congestion, a change in a charter contract, a terminal closure and a regulatory instruction may each alter the schedule, and the desk will notify the shipper as soon as a change is known.
Where a sailing is delayed, the desk will offer the next available slot, a hub route or another reasonable alternative. The company is not responsible for a loss that arises solely from a delay caused by a circumstance outside its reasonable control, subject to any right the shipper has under a mandatory law. Where a delay is caused by the company, the desk will discuss a fair adjustment rather than leave the shipper to discover the position later.
Cut offs
Gate cut offs and documentation deadlines are set by the terminal, the carrier or the authority rather than by the desk alone. A container that arrives after the cut off may miss the sailing, and the shipper is responsible for the cost of the missed slot unless the late arrival was caused by the company.
7. Transshipment and On Carriage
Where a container is routed through a hub, the company will plan the hub call and book the connecting vessel as described on the services page. The company acts as the organiser of the transfer and not as the carrier of the connecting vessel, unless the desk confirms otherwise in writing. The terms of the connecting carrier apply to the on carriage leg.
A hub call depends on the connecting vessel arriving and departing on time. Where a connecting vessel is late or is withdrawn, the desk will arrange the next available connection and will notify the shipper of the new arrival window. The shipper is responsible for any charge imposed by the connecting carrier, and the company will pass the charge through at cost with the supporting document.
A container may be held at a hub for inspection, for a customs check or for a safety reason. The company will keep the shipper informed during the hold and will release the container as soon as the reason for the hold is cleared. A hold imposed by an authority is outside the control of the company, and the shipper is responsible for the cost that the hold creates.
8. Port Agency Services
Where the company provides port agency handling, the desk acts as the agent of the vessel owner or the charterer, as instructed. The agency team prepares the arrival notice, lodges the berth application, books the pilot and attends the vessel during the call. The owner or charterer must give the team accurate and timely instructions, including the vessel particulars, the expected arrival time and any special requirement.
The agency team will pay a port disbursement only where the owner or charterer has provided funds in advance or has agreed a credit arrangement in writing. The team will account for every disbursement and will provide a statement after the call. A disbursement that was not authorised in advance may be refused, and the team will ask for written approval before committing the company to the cost.
9. Container Positioning
Container positioning runs are arranged through the depot and haulage partners listed in the Privacy Policy. The desk will record the box number, the yard, the gate and the movement window for each run. The shipper must make the container available at the agreed yard and time, and must ensure that the gate can accept the unit on arrival.
Where a run is delayed by traffic, a terminal closure or a vehicle breakdown, the desk will adjust the plan and will notify the shipper. Where a run is delayed because the container was not ready, the shipper is responsible for any standing charge or re booking fee. A container found damaged during a positioning run is recorded and photographed, and the report is added to the booking file.
10. Reefer Cargo and Monitoring
The shipper must declare a reefer cargo before the booking is confirmed, together with the required temperature, the ventilation setting, the humidity setting and any special instruction. The desk will confirm that a plug point is available and will record the set point in the booking file. The shipper is responsible for the accuracy of the set point and for the suitability of the cargo for the declared temperature.
Monitoring covers the plug, the set point and the actual reading at each watch handover. Monitoring is a record of the passage and is not a guarantee against a fault in the reefer machinery, a power failure or an event outside the control of the company. Where a fault occurs, the watch team will move the reefer to a spare point where one is available and will record the event in the log. The shipper may request the full reefer record for a booking.
The company is not responsible for a loss that arises from a pre existing defect in the reefer unit where the unit was supplied by the shipper. Where the unit was supplied by the company, the company will inspect the unit before loading and will record the inspection in the booking file.
11. Salvage Surveys
Where cargo is in a doubtful condition after an incident, the company may coordinate a salvage survey as described on the services page. The coordinator appoints a surveyor, arranges access and assembles the cargo record. The surveyor decides the outcome independently, and the company does not decide whether cargo may travel or must be held.
The shipper must cooperate with the survey, must provide the documents requested and must pay the survey cost where the survey was arranged at the shipper request. Where the survey was arranged by the company for its own protection, the company will bear the cost but may recover it from the party responsible for the incident. The survey report is shared with the parties who need it to settle the claim.
12. Charges, Invoices and Payment
The freight charge and any additional charge are set out in the confirmation. Additional charges may arise from an amendment, a demurrage, a detention, a standing charge, a survey cost, a disbursement or a cost imposed by a terminal or an authority. The desk will provide a supporting document for each additional charge.
An invoice is payable within the period stated on its face. Where no period is stated, the invoice is payable within the period customary in the trade. A late payment may attract interest at the rate stated on the invoice or, where no rate is stated, at a reasonable commercial rate. The company may suspend a service while an undisputed invoice remains unpaid and will tell the shipper before suspending the work.
A dispute about a charge must be raised in writing within the period stated in section fourteen, and the undisputed part of the invoice remains payable on time. The company will not withhold a release document solely because a disputed charge is unresolved, provided that a reasonable arrangement has been agreed.
13. Liability and Limitations
The company is responsible for the services it provides and will act with the reasonable care and skill expected of a charter liner operator. Subject to any right that cannot be excluded by law, the liability of the company for a loss arising from a service is limited to the amount set out in this section and in the confirmation.
Where a limitation of liability is set by an international convention that applies to the carriage, that limitation applies to the whole of the service to the extent permitted by law. Where no convention applies, the liability of the company for cargo loss or damage is limited to a reasonable sum calculated by reference to the freight paid for the affected booking.
The company is not liable for a loss that arises from a circumstance outside its reasonable control, from an inaccurate declaration by the shipper, from a defect in a container supplied by the shipper, from a fault in a reefer unit supplied by the shipper or from an act of a public authority. The company is not liable for a loss of profit, a loss of market or an indirect loss unless the law does not permit that exclusion.
Nothing in these terms excludes liability for fraud, for wilful misconduct or for a matter for which the law does not permit a limitation. A person who believes that a limitation does not apply to their case should raise the matter in writing so that it can be reviewed with the supporting documents.
14. Claims and Notice Periods
A claim for cargo loss or damage must be notified to the desk in writing within the period stated in the booking confirmation or, where no period is stated, within a reasonable period after delivery or after the date on which delivery should have taken place. The notice must identify the booking, the container, the loss claimed and the amount claimed, and should include the supporting documents.
The company will acknowledge a claim, investigate it and reply in writing. Where a survey is needed, the desk will arrange it as described in section eleven. A claim that is not notified within the period may be refused where the delay has made it impossible to investigate the facts fairly.
A dispute about a charge follows the same route. The shipper should send the invoice number, the charge disputed, the reason for the dispute and the supporting document. The desk will reply with its position and, where the dispute remains open, will suggest a route to resolve it under section twenty.
15. Indemnity
The shipper will indemnify the company against a loss, a claim, a fine or a cost that the company incurs because of an inaccurate declaration, a breach of these terms, a failure to comply with a regulation or an act of the shipper or the shipper agent. The indemnity covers the reasonable cost of defending a claim as well as the amount finally payable.
The company will indemnify the shipper against a loss caused by the negligence or wilful misconduct of the company in the performance of a service, subject to the limitations in section thirteen. The company will notify the shipper of a claim that may give rise to an indemnity and will allow the shipper a reasonable opportunity to take part in the defence where the law permits.
A party seeking an indemnity must take reasonable steps to reduce the loss and must not settle a claim in a way that increases the liability of the other party without that party agreement.
16. Force Majeure
Neither party is responsible for a failure to perform a service where the failure is caused by an event outside that party reasonable control. Such an event includes a typhoon, a storm, a flood, an earthquake, a fire, an epidemic, a war, a civil disturbance, a strike, a port closure, a quarantine order, a cyber attack on a critical system and an act of a public authority.
The party affected by such an event will notify the other party as soon as it becomes aware of the event and will take reasonable steps to reduce the effect. Where the event continues for a prolonged period, either party may discuss a revised schedule or an orderly end to the affected booking, and the desk will account for any charge already paid in a fair manner.
Force majeure does not excuse a party from paying an invoice for a service that was already performed before the event began.
17. Website Use and Intellectual Property
The content of this website, including the text, the layout, the visual design and the code, is owned by the company or is used with permission. You may view the pages, print a page for your own reference and share a link to a page. You may not copy the design into another website, reproduce the content for a commercial purpose or use the name of the company in a way that suggests a connection that does not exist.
You must not attempt to interfere with the operation of the website, to gain unauthorised access to a system, to submit a message that contains malicious code or to use the message form to send unsolicited advertising. The company may block access where it believes that the site is being misused and will keep a record of the reason for the block.
The company name, the charter service names and the visual motifs of the site are the property of the company. A request to use any of them should be sent to the desk in writing, and permission will be given only where the use is accurate and does not mislead a reader.
18. Personal Information
The company processes personal information in accordance with the Privacy Policy published on this site. The Privacy Policy explains what information is collected, why it is collected, with whom it is shared and how a person may exercise a right over it. By using the site and by sending a booking request, you agree that your information may be handled as described in the Privacy Policy.
You must not send the personal information of another person through the message form unless that person has agreed and unless the information is needed for the enquiry. Where you send information about a colleague or a crew member, you confirm that you have the authority to do so and that the person has been told how the information will be used.
19. Suspension and Termination
The company may suspend or end access to the website or to a service where these terms are breached, where a charge remains unpaid after notice, where a declaration is found to be false or where the law requires it. Before suspending a service, the desk will tell the shipper the reason and will allow a reasonable time to put the matter right where the circumstances allow.
A booking that has already begun continues until the container is delivered or the service is complete, even where access to the website has been suspended. A termination does not affect a right or an obligation that arose before the termination, including the obligation to pay an invoice for work already done.
Either party may end a booking that has not yet begun by giving written notice before the gate cut off. The desk will apply the cancellation rule stated in the confirmation, and where no rule is stated, will apply a reasonable charge that reflects the cost already incurred.
20. Governing Law and Disputes
These terms are governed by the law of Hong Kong. The parties will first try to resolve a dispute by discussion between the charter desk and the shipper, and the desk will respond to a written dispute within a reasonable period. Where discussion does not resolve the matter, the parties may refer it to mediation before beginning any court action.
Where a dispute is not resolved by discussion or mediation, the courts of Hong Kong have jurisdiction, subject to any mandatory rule that gives another court jurisdiction over a consumer or a small claim. A party who begins a court action must notify the other party in writing at the same time.
Nothing in this section prevents a party from asking a court for urgent relief where a delay would cause serious harm, or from using a route provided by the law that applies to the carriage of the cargo.
21. Changes to These Terms
The company may update these terms when a service changes or when the law requires a different wording. The effective date at the top of the page shows when the current version took effect. A booking is governed by the terms in force when the confirmation was issued, unless the law requires otherwise.
Where a change materially affects a shipper, the company will publish a notice on the homepage and will send a message to a booking contact with an active booking. A person who continues to use the website after a change takes effect is treated as having seen the revised terms. A person who does not agree may stop using the site and may end an open enquiry under section nineteen.
22. Contact
Questions about these terms, a booking, an invoice or a claim should be sent to the charter desk. The same office answers every message, so a single note is enough to reach the right person. Please include the booking reference where one has been issued, so that the desk can find the file quickly.
Vans Shipping Company Limited
Rm 807A 8/F Two Harbourfront, 22 Tak Fung St, Hung Hom
Hong Kong - 999077
Hong Kong (HK)
Email: contact@onepiecemgmt.autos
Telephone: +19896468695
These terms form part of the legal record of Vans Shipping Company Limited and should be read together with the Privacy Policy published on this site.