Article I (Purpose)
This agreement is between Anex Logistics (Herein referred to as company) and its customer (herein referred to customer) governing the policies required to contract international house-moving services. The polices will assist in offering solutions to potential disputes between the parties involved and ensure that the contracting parties fulfill the purpose of their business with each other.
Article II (About Application)
This present agreement is in compliance to Korean customary law and the Hague Convention (Includes the revised Clauses from the Hague Convention)
Article III (Terms)
The client, or the one that request the services of a Multimodal freight brokerage business.
Under the logistics promotion law, article 11 is in compliance to the policies that govern house-moving services to foreign land and is in reference to the party offering the service to the shipper/client. Which in turn is legally allowed to engage in business agreements with the shipper.
The agent represents Anex Logistics overseas, to overlook the process of arrival of the shipment and assists the shipper in having the shipment passed through custom clearance, and ensures the delivery of the shipment.
The process in which the shipment is optimally packed ensuring the best way to transport it overseas. Using tools and equipment that will enable the latter.
If the destination addresses or final address as printed in the contract is not readily available then the shipment can be stored at bonded storages or any other storage ideal for the shipment.
The process where the shipment arrives and it goes through custom inspection. When the documents are submitted to customs, the custom officers will inspect the shipment and documentation. After their approval, the clearance is issued and the shipments enters the foreign country.
It refers to the transportation of the shipment to the address designated as final stop or destination, part of the the doort to port, port to door, door to door service.
At the arrival site, or final destination the shipment is organized and being placed at desired areas, etc
9. Packing List
Is the process where the shipper’s items are being organized and packed in order, where the content items are clearly being listed on the official documents to be submitted to custom or any other related authorities.
10. Bill of lading (B/L)
It is the document that proves the arrival of the shipment, proving the arrival of the shipment, therefore it can also be deemed as a marketable security securities for the parties involved in the business dealings in regards to the shipment.
Compensation insurance in case the shipment transported suffers a damage, is lost or the similar.
Abbreviation of Cubic Meter, it’s a unit needed to estimate pricing per unit.
It covers, length, width and height.
13. FCL / LCL
FCL refers to a container that only has the shipper’s items yet the LCL refers to a combined container, where not only the shipper’s items are inside but other unrelated shippers.
14. Loading and Unloading
This is the action of loading and unloading shipment, or items to be moved, shipped.
15. Customs inspection
Foreign items that are checked by officials from customs.
Items that enter a specific country for selling purposes, or the local customs set tax fee is decided upon type of item, purchase date, product origin etc. And the shipper has the obligation to clear the duty fee
17. Container Detention Charge
After the container arrives at the destination port, the charge given for exceeding stay period.
Article IV (Contract)
After the condition and terms are set, the shipper, client needs to make a deposit of a 10% of the total amount for the moving services. The 10 % amount shall be wired to the following bank account: Woori bank 1005-203-243333 Account holder : Anex Logistics Ltd. In order to make this contract official.
1> Responsibilities of Anex Logistics
*Possible dates for Packing, departure and arrival
*Overseas needed equipment, from ladders to elevators etc.
*The agent’s contact info
*Shipment conditions, description of service, with pricing and options for the client.
*Documentations needed for customs clearance in a foreign country
*Total shipment cost, or estimate cost
2> Responsibilities of Shipper/Client
*Name of contracting party and date, packing address, contact number, email
*Shipper’s copy of passport, visa, and address at the destination country, contact number and contact information.
*Estimated date of departure
*Insurance status and other information
*Signing the contract after reviewing its terms.
*Wire deposit the money and the bill for the service
Article V (Packing and transportation )
1. Anex will send the logistics team over to the client, shippers home in the country to start the packing process in order to ensure the shipper’s items are safely and smoothly sent to its destination address. Making sure is the ideal/optimal packing for each on e of the items, and the items are shipped be it via FCL or LCL
2. The shipper has the authority to ask the shipping company to pack the item that is not listed on the items list to be packed without any other charge. As long as Anex agrees to do so.
3. When the shipper, signs the paper, approving and accepting the packing process has been finalized, then the packing process shall be considered completed.
4. The shipper needs to check the packed items before the truck departs. If the shipper finds the item/s that already been left behind once the truck departed, the packing and transportation of these items will incur an additional cost.
5. Anex has the responsibility to ask the shipper know if for an additional item being included, there would be delays in departure and if any damage incurs, Anex is responsible in compensating the shipper.
6. Anex has no authority to as the shipper to help in the labor of packing or extra labor costs.
7. If Anex find any faultin the items being packed, it shall alert the shipper and make clear notes of the item with the fault. and pack it accordingly.
8. For wood or special packing, the item can be transported to Anex warehouse for packing.
9. In case that the shipper has packed an item personally and brings it over to Anex’s warehouse, since the status of the item is not verifiable any damage caused to the items shall not be Anex’s responsibility and also, it will depend on the insurance company if there would be compensation of any sort.
Article VI (Additional Charges)
Below rates are charged as additional costs because these are not included under the door to inside service.
1. Tax and duty
2. Custom storage fee, delay fee
3. Additional delivery address
4. Quarantine, censored, epidemic prevention
5. ladder use, elevator use fee, lifting equipment use, parking fees
6. Storage fee depending on holidays in the arrival country
7. At the customs inspection, if there are secondary inspections etc.
8. Fees due to shipper’s delayed departure
Article 7 (Right to deny Service)
If any of the following point below apply, Anex has the right to deny service and will not be responsible for any of the items that without Anexs consent has been packed .
1. When another shipment transportation is not possible due to the current shipment’s itinerary.
2. Item that belongs to a third party and Anex was not informed about.
3. When prohibited items for transportation or customs, such as cigarettes, alcohol, flammable, combustible etc items
4. Any other item that has the potential to cause damage to other items.
5. Goods for commercial distribution, contraband, smuggled goods, imitation etc.
6. Cash card, credit cards, checks, anything that can be considered cash or potential to be cash is strictly prohibited.
7. Antiques, art collection, seeds, soil, cooked food, kimchi too, or items we can’t estimate value through pricing
8. Irreplaceable contracts, documents, or scripts.
9. If they are alive, from animals, or animal corpse etc.
10. Whatever is considered to violate the nomal customs and regulations for transportation and shipment of items.
11. When the entire shipment is being delayed for reasons due to natural disaster, or things that out of our control.
Article 8 (Payment for Services)
1. Domestic Payment
- The local payment shall be made before the vessel departs, it needs to be wired to Anex bank account. or to the company’s official bank account.
2. Deferred Payment
- For this, it is necessary that the shipper pays 50% of the total bill.
- And the rest shall be collected by the branch office over seas.
- For deferred payments, the departure date’s currency is rate is to be used for the final clearance of the bill.
- Depending on the destination there are countries in which we do not offer, deferred payment service
3. The preferred method of payment shall be notified to the company within 7 days of shipping departure. If there is no special notification from the customers, then it is considered to be a domestic payment.
4. For the delay/s in the departure due to differences between the name of shipper and the name for wire transfer, it is the shipper’s responsibility and he shall respond to costs incurred for the delay.
Article 9 ( About non transferable shipping items and others)
1. If the shipping company is unable to verify the destination address or the receiver denies receiving the shipment, the company will store the shipment for three months and the additional charges that incur during the process will be charged to the shipper such as storage fee, insurance and others. If the shipment fee with the additional charges are not cleared, then in accordance to related laws, the company will pursue auctioning of the shipment at its disposal.
2. The total bill will comprise the storage fee, plus the auctioning process fee, and if the collected fee through auctioning is not enough to cover for the total costs needed from the shipper, then the company has the right to pursue a legal suit to collect the difference from the shipper.
3. If the auction process mentioned in the previous clause is over the amount that needs to collect from the shipper, the remaining amount shall be returned to the shipper.
4. If the company is unable to contact the shipper for over three months, then the company is entitled to proceed with the clauses 2 to 4 from article 9.
Article 10 (Cancellation of contract)
1. The Shipper has the right to decide to cancel the contract if the company has incurred in puffery or deceiving advertisement. (period)
2. From the previous clause, the deposit money shall be reimbursed to the shipper.
3. If an additional fee is requested when there is no additional item being included on the items list, the shipper has the right to cancel the contract.(period)
4. If Article 10 clause 3 occurs the shipper shall pay for the packing service and domestic shipping service (storage service and others) within 24 hours, and the shipping company is obligated to provide the new shipping company with the list of the items and service receipt.
5. From the previous clause, the moment the shipment is delivered to a different shipping company, Anex is not liable or responsible for anything, meaning the shipper needs to engage in another legal contract with the new shipping company.
6. If the shipper believes that the shipping procedure is being held differently from what the contract states, the shipper is entitled to cancel the contract in written, and shall pay for the all costs incurred until the point of cancelation.
7. If the contract is cancelled due to the shipper, the shipper is obliged to cover for costs incurred in packing, transportation, storage and insurance. If there has been any damage caused to the container, with the relevant evidence, the shipper shall be charged to cover for the damage.
Article 11 (Compensation)
If the shipment is delayed due to the shipment company (concrete evidence) then the 2/1000 of the total amount billed to the shipper shall be returned to the payee. But delays due to customs, inspection, unverifiable address of receiver, the shipping company can’t be held responsible. The company is not liable for any type of responsibility, that covers from damage costs, profit chance, tax, interest etc.
Article 12 (Liability)
Apart from the clauses detailing the areas where compensation shall cover, as other reasons where the company is NOT liable for are as stated below,)
1. When the shipment company has not been informed of the difficult to discern items category, industrial materials, or the similar
2. From the precious clause, all costs incurred because of the taxes, harmed caused to business, damaged etc. delayed delivery etc.
3. Before the shipment company received the items, the items already saw a damage, or fault, color deterioration, scratch, etc.
4. Because of special composition of the items, it shows changes in color, or explodes, etc, change in size, decomposes.
5. When it is caused by the legal or government related prohibition to continue offering the service, confiscation and opening of shipment,
6. When without the consent of the company, the shipment that contains, jewelry, precious items, marketable goods, cash etc.
7. When the shipper ask for a bigger compensation based on values of items never declared.
8. When the company signed up for insurance under the shipper’s name and request a much higher insurance fee.
9. When the shipper intentionally chooses a different shipping company and partner, and therefore damage has been incurred to the business.
10. Due to natural disasters or situations out of own’s control
11. For chaos, riots, other natural disasters etc, it’s difficult to proceed with the shipping and delivery process
12. When situation at the port, demonstrations, strikes etc, social disturbances occur in the destination country.
13. 30 days after receiving the shipment, a reimbursement order is send.