Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.
These are the terms on which we sell all Services to you. Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked “Accept Terms of Service”. If you do not click on the button, you will not be able to complete your Order. You can only purchase the Services from the Website if you are eligible to enter into a contract and at least 18 years old.
Within these conditions, the following words shall have these meanings:
Consumer – means individual acting which are wholly or mainly outside his or her trade, business, craft or profession.
Contract – means the legally bidding agreement between you and us for the supply of the services.
Order – means the Customer’s order for the Services from us as submitted following the step by step process set out on the website.
Privacy Policy – means the terms, which set out how we will deal with confidential and personal information received from you via the Website.
Services – means the services advertised on the Website, including any Goods, of the number and description set out in the Order.
Website – means our website www.oexshipping.com on which the Services are advertised.
1 Personal Information
1.1 We retain and use all information strictly under the Privacy Policy.
1.2 We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
2 Validity of Our Quotation
2.1 Our online order quotation is available at the time of booking and valid only for the time you are visiting our website.
2.2 There is a significant fluctuation in the value of foreign currency beyond that which could have been reasonably foreseen at the time of the issue of Our quotation
2.3 There are delays or events beyond Our control which increase the time or resources required to complete your order sourcing/shipment.
3 Services Excluded from Our Quotation
3.1 Unless otherwise stated within the text of Our quotation, it does not include the following charges. Should they occur, they will be added to Your account.
3.1.1 Cargo weight over what you specified on the booking form, Insurance, customs tax, duty or inspection charges, port charges incurred as a result of customs delays – including (but not limited to) storage, quay rent, cargo dues or other charges due to customs or port authorities.
3.1.2 Collection or delivery on Saturdays, Sunday or Public Holidays
3.1.3 Collection from or delivery to outside of standard office hours (8am to 6pm)
4 Your responsibilities
4.1 It is Your responsibility to:
4.1.1 Ensure Your goods are properly insured during transit – please see clause 9 for details of Our liability.
4.1.2 Obtain at Your expense, and supply to Us as required, copes of all necessary documentation required for overseas customs purposes – including, but not limited to, import permits, residence visas, duty exemptions.
4.1.3 Be present during the collection or delivery of Your goods – or arrange for a nominated representative to be present.
4.1.7 Supply Us with up to date contact address, telephone number and email information and ensure that We are able to contact You during the period Your goods are in transit and/or storage.
4.1.8 For shipments sent on a ‘door-to-port’ basis, it is Your responsibility to ensure that the recipient of the goods carries out all necessary local customs clearance procedures and collects the goods from the arrival port. In the event that goods are not collected at destination it will be Your responsibility to pay all costs in the return or destruction of the goods.
5 Items prohibited from transit
5.1 The following items must not be submitted to Our crew for shipment unless agreed in advance in writing:
5.1.1 Stolen or illegal goods, drugs, pornography, dangerous or hazardous or explosive goods including but not limited to aerosol cans, gas canisters, oil based paints etc
5.1.2 Foodstuffs or other goods likely to encourage pests or vermin or other pests liable to cause contamination or infestation
5.1.3 Perishable items or goods required to be kept under controlled environmental conditions
5.1.4 Animals or plants
5.1.5 Goods which are subject to export controls or require specific government permission to export.
6 Payment
6.1 We will require full payment in cleared funds at the price set out on our website at the date we accept the order or at least seven days prior to collection of a sea shipment. In the event that this requirement is waived We will require full payment in cleared funds prior to shipments leaving the country of origin.
6.2 Fees and charges include VAT at the rate applicable at the the time of the order.
6.3 You must pay by using any of the provided methods on our website with your order and processed by our third party payment processing company.
6.4 In the event that Our charges are not met within this time period, We reserve the right to refuse to commence shipment, or to refuse to continue shipment if it has already commenced.
6.5 In the event that the weight of your cargo is different from the one stated on your online booking, We reserve the right to charge the additional fee to make up for the difference before commencement of your freight.
7 Basis of Sale
7.1 The description of the service and any Goods in our website does not constitute offer to sell the Service or Goods. When an order has been submitted on the Website, we can reject it for any reason , although we try to tell you the reason without delay.
7.2 The order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
7.3 A contract will be formed for the Service ordered only when you receive an e-mail from us confirming the Order (Order Confirmation). You must ensure that the Order confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you.
7.4 No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
8 Charges if You postpone or cancel Your Shipment
8.1 If You postpone or cancel Your shipment We reserve the right to charge You a postponement or cancellation fee according to the period of notice in working days given as follows:
Less than 24 hours before collection of shipment – Up to 100% of quoted shipment price
Less than 5 days before collection of shipment – Up to 60% of quoted shipment price
Less than 10 days before collection of shipment – Up to 30% of quoted shipment price
More than 10 days before collection of shipment – payment processing charge
“Collection of shipment” date for all shop drop-offs is the same day that the payment is submitted.
8.2 In the above table, ‘working days’ refers to the days Monday to Friday inclusive and excludes weekends and bank holidays.
9 Our liability for loss or damage to Your shipment
9.1 Unless otherwise indicated in Our online or written quotation, Our quotations do not include insurance for Your goods during transit. Where We arrange transit insurance this is acting as an introducer only.
9.2 Unless otherwise agreed in writing by a director of the company will pay You a maximum of $10 per items suffering loss or damage if this is caused by Our negligence or breach of contract.
9.3 We will not accept liability for loss or damage unless this negligence or breach of contract occurs while the goods are in Our physical possession or in the possession of another party to whom We have subcontracted some or all of the work.
9.4 Where We use the services of a courier, shipping line, airline or other international transport operator to convey Your goods We do so on Your behalf and the transit will be governed by the terms and conditions set out by that carrier for the duration of that part of the journey for which it is in said carriers’ possession.
9.5 If the carrying vessel or airline should fail to deliver the goods, or be required to deliver them to a destination other than that which was initially arranged, due to circumstances beyond that carriers control, You may have limited recourse against that carrier depending on its own particular terms and conditions which were applicable to that journey. Furthermore You may be liable for General Average contribution and salvage charges, or other such costs, for which You will be directly responsible and for which We will not accept any liability.
9.6 We will not be liable for any goods which are confiscated, seized, detained or damaged by customs authorities, quarantine agencies or other such government agencies.
9.7 For the purpose of this contract an ‘item’ will be defined as the entire contents of a box, package or container.
10 Exclusions of Liability
10.1 We do not exclude liability for – (a) any fraudulent act or omission; or (b) death or personal injury caused by negligence or breach of legal obligations. Subject to this, we are not liable for delays or failure to provide the service contractually agreed to if it is caused directly or indirectly by war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion and/or military coup, Act of God, adverse weather, third party industrial action, rescheduled sailing or flights, port congestion or other events beyond Our control.
10.2 We will not be liable for any loss or damage caused to Your goods as a result of the following:
10.2.5 We will not be liable for any loss or damage caused to the contents of any box, carton, case or other container which is not packed and unpacked by Us.
10.2.6 We will not be liable for any goods which have pre-existing defects or are inherently defective or faulty.
10.2.7 We will not be liable for any electrical or mechanical derangement to any machine, computer, device, appliance or clock unless there is evidence of damage to the exterior casing which has led to the said derangement.
10.2.8 We will not be liable for any loss or damage to any perishable goods, foodstuffs, plants or other items which require a regulated environment for their safe storage.
10.3 If You collect Your goods from Our store then Our liability for the goods will cease at the point that they are handed over to You or the party You nominate to collect Your goods.
10.4 No member of Our staff or any subcontractor employed by Us shall be liable to You separately from Us for any loss or damage caused to Your goods.
10.5 We will not be liable for any loss or damage caused by fire or explosion. It is Your responsibility to insure Your goods against these risks.
11 Time Limit for claims
11.1 If We deliver goods to Your premises You must advise Us in writing of any loss or damage within seven days of Our crew completing delivery.
11.2 If You collect Your goods from Our premises then You must notify Us of any damage immediately upon collecting the goods.
12 Our Right to Hold Your goods under Lien
12.1 A “Lien” is the legal right of a company or individual to hold goods belonging to another party until all outstanding charges have been settled.
12.2 If You fail to pay any or all of the charges due to Us under the terms of this agreement, We shall have a right to retain and ultimately dispose of some or all of Your goods. (See clause 22)
12.3 While We are holding Your goods under Lien, You will be liable to pay Us all storage costs and any other associated costs (including, but not limited to, Our legal costs) incurred by Us in Our attempts to recover Our charges and to hold the goods under the Lien. During this time the terms of this agreement shall still apply.
13 Delays in Transit
13.1 Unless caused directly by Our negligence or breach of contract, We will not be liable for any delays in transit.
13.2 If, as a result of circumstances beyond Our reasonable control, We are unable to deliver Your goods, We will take them to Our nearest storage depository and inform You immediately. This Agreement will then be fulfilled and You will be liable for any additional charges including storage or delivery.
13.3 Any transit times indicated in Our quotations or other communications are estimated, and are based on information available to Us at the time. Shipment times can and do vary due to many factors beyond Our control such as changes in advertised sailing schedules, port congestion, customs delays etc. We will advise You of any significant changes to the quoted transit time as soon as we become aware of them. We will not be liable for any loss or damage suffered by You as a result of delays in transit time, unless directly attributable to Our negligence of breach of contract.
14 Our right to subcontract work
14.1 We reserve the right to subcontract any or all of the work subject to this agreement.
14.2 Where We choose to subcontract any work, the terms of this agreement will still apply in full.
15 Routing and Spare Capacity
15.1 Unless it is specifically stated in Our quotation that a container, aircraft or vehicle is for Your exclusive use, We have the right to utilise the remaining space in any container, aircraft or vehicle for consignments belonging to other customers of Us.
15.2 We have the right to choose the route and method by which to carry out the shipment.
16 Advice and information regarding overseas regulations
16.1 We will make every effort to offer You up to date information regarding import and export regulations as they pertain to Your shipment. Any such information is provided in good faith and is based upon Our previous experience. It is Your responsibility to ensure that You comply with any and all import and export laws and regulations and to verify the accuracy of any information which We provide.
17 Applicable Law
17.1 Any dispute between Us will be governed by the non-exclusive law and jurisdiction of the China courts.
18 Contact Information
18.1 You must supply full contact address and telephone numbers for the recipient of Your shipment. If You do not provide an address We will not be liable for any delays in transit, customs clearance or delivery, nor will We will liable for any costs related to such delays.
18.3 If You instruct Us to store Your goods You must supply a full contact address and telephone number for You while Your goods remain in Our care. All correspondence and notices will be considered to have been received by You seven days after sending it by first class post to the last address You provide for contact while Your goods are in storage.
19 Termination of this agreement
19.1 If all payments are up to date then We will not end this contract without giving You a minimum of three months’ notice in writing. If You wish to terminate Your storage contract, You must give at least three working days’ notice. If We are able to release Your goods earlier then We will do so, so long as all payments are up to date until the day of release.
20 Governing law, Jurisdiction and complaints
20.1 The contract (including any non-contractual matters) is governed by the law of China.
20.2 Disputes can be submitted to the jurisdiction of the courts of China.
20.3 We try to avoid any dispute, so we deal with complaints as follows:
Please contact us to find a solution if there is any dispute. We will aim to respond within 5 working days.