Terms & Conditions - DocShipper Asia Company Limited
Shipping services
1. Scope and Application
1.1 These Conditions apply to all services rendered by DocShipper Asia Company Limited (“DocShipper”), including but not limited to international and domestic transportation, freight forwarding, customs brokerage, warehousing, packing, handling, inventory management, and all related or ancillary services (the “Services”).
1.2 These Conditions are based on and aligned with the Hong Kong Association of Freight Forwarding and Logistics (HAFFA) Standard Trading Conditions, adapted to ensure clarity and enforceability under Hong Kong law.
2. Acceptance of Terms
2.1 Acceptance of these Conditions shall be deemed binding upon the client by any of the following acts:
(a) Written confirmation of a quotation or invoice,
(b) Verbal agreement,
(c) Placement of a booking, or
(d) Tendering goods to DocShipper for carriage or handling.
3. Bookings and Cancellations
3.1 Any booking placed after receipt of an invoice shall constitute acceptance of the quotation and these Conditions.
3.2 Cancellation of a confirmed booking shall result in the following charges:
(a) Twenty-five percent (25%) of the total invoice if cancelled at least forty-eight (48) hours in advance;
(b) Fifty percent (50%) if cancelled less than twenty-four (24) hours in advance;
(c) One hundred percent (100%) if cancelled on the day of scheduled service.
3.3 Cancellations must be communicated in writing and shall take effect upon receipt by DocShipper, except in cases of force majeure as defined herein.
4. Responsibilities of the Client
4.1 The client, by placing a booking, assumes all obligations and liabilities of the shipper and consignee, whether disclosed or not.
4.2 The client warrants the accuracy of all descriptions, weights, measures, values, and particulars furnished. The client shall indemnify DocShipper for all losses, damages, fines, or expenses arising from inaccuracies, omissions, or non-compliance.
4.3 The client is responsible for ensuring that the goods are suitably packed, secured, and labeled in accordance with the requirements of the chosen transport mode and applicable regulations.
4.4 Unless otherwise agreed, the exporter shall be responsible for loading and securing goods at origin, and the importer for unloading at destination. DocShipper shall not be liable for loss or damage arising from inadequate packing, loading, unloading, securing, or labeling.
5. Role of DocShipper
5.1 Unless expressly agreed in writing, DocShipper acts as an agent and not as a principal in respect of carriage.
5.2 Where DocShipper acts as a principal, its liability shall be governed by the applicable conventions and laws.
6. Liability and Limitations
6.1 DocShipper’s liability shall be strictly limited in accordance with the relevant international conventions, including but not limited to:
(a) CMR (Convention on the Contract for the International Carriage of Goods by Road),
(b) Hamburg Rules or Rotterdam Rules (sea carriage),
(c) Warsaw or Montreal Convention (air carriage),
(d) CIM Convention (rail carriage).
6.2 Where no such convention applies, DocShipper’s liability shall not exceed the lower of:
(a) The actual loss of the goods; or
(b) Two (2) Special Drawing Rights (SDR) per kilogram of gross weight lost or damaged.
6.3 DocShipper shall under no circumstances be liable for indirect, consequential, or special damages, including loss of profit, business interruption, loss of market, or reputational harm.
7. Insurance
7.1 Unless expressly requested and confirmed in writing, no insurance shall be effected by DocShipper.
7.2 If insurance is arranged, DocShipper shall act solely as an agent and shall have no liability for disputes with underwriters. All insurance shall be subject to the terms, conditions, and exclusions of the relevant policy.
8. Charges and Payment
8.1 The client shall be responsible for all charges applicable to the Services, including without limitation: freight, customs duties, taxes, storage, demurrage, detention, overweight surcharges (OWS), fuel surcharges, bunker adjustment factors (BAF), currency adjustment factors (CAF), congestion surcharges, low sulfur surcharges (LSS), and peak season surcharges (PSS).
8.2 Invoices are payable within the period specified therein, without deduction, set-off, or counterclaim.
8.3 Interest shall accrue on overdue amounts at a rate of eight percent (8%) per annum. DocShipper reserves the right to suspend or withhold Services until payment is made in full.
9. Cargo Restrictions
9.1 Unless expressly accepted in writing, DocShipper shall not accept for carriage: hazardous cargo (IMDG/IATA), live animals, plants, human remains, currency, jewellery, precious metals, perishable goods, military or dual-use goods, or pharmaceutical cargo subject to special licensing.
9.2 Acceptance of restricted cargo remains subject to approval by carriers and authorities.
10. Transit Times and Routing
10.1 Transit times, routings, and modes of transport are provided for reference only and shall not be guaranteed.
10.2 DocShipper shall not be liable for delay or deviation caused by carriers, customs, port authorities, or other external factors beyond its reasonable control.
11. Verified Gross Mass (SOLAS)
11.1 The client, as shipper, shall be responsible for verifying and declaring the Verified Gross Mass (VGM) of containers in accordance with the SOLAS Convention.
11.2 All costs and liabilities resulting from non-compliance with VGM obligations shall be borne by the client.
12. Claims and Notifications
12.1 The client or consignee shall inspect goods at delivery and record any visible damage on the delivery receipt.
12.2 Concealed damage must be notified in writing within seven (7) days of delivery.
12.3 Failure to provide timely notification shall bar any claim.
12.4 Goods shall be deemed lost if not delivered within thirty (30) days of the expected date in road or rail transport, sixty (60) days in sea transport, and one hundred and twenty (120) days in air transport.
13. Waiting Time
13.1 Free waiting times shall apply as follows: fifteen (15) minutes for shipments under 100kg or 20 items, thirty (30) minutes for LTL shipments exceeding this, two (2) hours for 20’ FCL, and three (3) hours for 40’ FCL or full truckload.
13.2 Waiting time beyond these allowances shall be chargeable to the client.
14. Force Majeure
14.1 DocShipper shall not be liable for any failure, delay, or expense arising from events beyond its reasonable control, including but not limited to natural disasters, severe weather, strikes, lockouts, wars, terrorism, pandemics, port closures, embargoes, cyberattacks, or government restrictions.
15. Subcontracting
15.1 DocShipper may subcontract the whole or any part of the Services to third parties, agents, or carriers, while remaining responsible to the client under these Conditions.
16. Compliance and Documentation
16.1 The client shall be solely responsible for compliance with all customs, export control, trade sanctions, and applicable laws.
16.2 The client shall indemnify and hold harmless DocShipper against all fines, penalties, losses, or costs arising from inaccuracies, omissions, or regulatory non-compliance.
17. Indemnity
17.1 The client shall indemnify and defend DocShipper, its employees, agents, and subcontractors against all claims, liabilities, damages, costs, and expenses (including legal fees) arising out of the client’s breach of these Conditions, negligence, or third-party claims relating to the goods.
18. Confidentiality and Data Protection
18.1 DocShipper shall treat all client information as confidential.
18.2 DocShipper complies with the Personal Data (Privacy) Ordinance (Cap. 486) of Hong Kong. Personal data shall only be collected and processed for the purposes of executing Services and may be disclosed to subcontractors or authorities strictly as required.
19. Severability
19.1 If any provision of these Conditions is held invalid or unenforceable under Hong Kong law, the remaining provisions shall remain in full force and effect.
20. Governing Law and Jurisdiction
20.1 These Conditions shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China.
20.2 All disputes shall fall under the exclusive jurisdiction of the courts of Hong Kong, unless DocShipper elects, at its sole discretion, to refer disputes to arbitration at the Hong Kong International Arbitration Centre (HKIAC).
21. Recovery of Legal Costs
21.1 In the event that DocShipper is required to take legal action to recover outstanding amounts or enforce these Conditions, the client shall be liable for all reasonable legal fees and expenses incurred.
Moving Services
1. Scope and Application
1.1 These Terms and Conditions apply to all international and domestic moving, relocation, freight forwarding, logistics, packing, warehousing, customs clearance, and ancillary services (the “Services”) provided by DocShipper Asia Company Limited (“DocShipper”), a company incorporated in Hong Kong.
1.2 These Terms are aligned with the Hong Kong Association of Freight Forwarding and Logistics (HAFFA) Standard Trading Conditions, with adaptations specific to personal effects and moving services.
2. Acceptance of Invoice
2.1 Any invoice issued by DocShipper shall be deemed accepted upon written confirmation by the client.
2.2 In the absence of written confirmation, acceptance shall nevertheless be implied by verbal agreement, the placement of a booking, or the tendering of goods for shipment.
3. Booking Confirmation and Cancellation
3.1 Any booking placed after receipt of an invoice shall constitute full acceptance of the quotation and these Terms.
3.2 Cancellations of confirmed bookings shall be subject to the following charges:
(a) 25% of the invoice amount if cancelled at least forty-eight (48) hours in advance,
(b) 50% if cancelled less than twenty-four (24) hours in advance,
(c) 100% if cancelled on the same day of the scheduled service.
3.3 Cancellations must be made in writing and shall be effective upon receipt by DocShipper, save in cases of force majeure.
4. Responsibilities of the Client
4.1 By placing a booking, the client assumes all obligations and liabilities of the shipper and consignee, whether disclosed or not.
4.2 The client warrants that it has the authority to bind any nominated consignee or third party and agrees to indemnify DocShipper against any losses, liabilities, or costs if such authority does not exist.
4.3 The client shall provide timely, complete, and accurate instructions, documentation, and information. The client remains solely responsible for errors or omissions, and shall indemnify DocShipper against all costs, penalties, or delays arising therefrom.
4.4 The client shall indemnify and hold DocShipper harmless against all fines, duties, penalties, claims, and legal expenses arising from breach of these Terms, inaccurate documentation, or non-compliance with applicable laws.
5. Packing and Handling Liability
5.1 The client is responsible for ensuring that goods are adequately packed, secured, and labeled for the chosen method of transport.
5.2 DocShipper shall not be liable for loss or damage caused by inadequate packing or by loading/unloading operations performed by the client.
5.3 Claims for loss or damage shall only be valid if the client has contracted insurance through DocShipper. In the absence of insurance, no liability shall apply.
6. Applicable Transport Conventions and Liability Limits
6.1 All Services are subject to the relevant international conventions, including but not limited to:
(a) the CMR Convention (road transport),
(b) the Hamburg or Rotterdam Rules (sea transport),
(c) the Warsaw and Montreal Conventions (air transport),
(d) the CIM Convention (rail transport).
6.2 Where no such convention applies, DocShipper’s liability shall not exceed the lesser of:
(a) the actual value of the goods; or
(b) two (2) Special Drawing Rights (SDR) per kilogram of gross weight lost or damaged.
6.3 DocShipper shall in no event be liable for indirect, special, or consequential loss, including but not limited to loss of profit, loss of market, or reputational harm.
7. Insurance
7.1 Insurance is not included in the Services unless expressly confirmed in writing.
7.2 Where insurance is arranged, DocShipper acts only as the agent of the client and assumes no liability for disputes with insurers.
7.3 In the absence of insurance, the client bears all risks of loss or damage.
8. Charges and Fees
8.1 The client shall be liable for all charges applicable to the shipment, including but not limited to freight, customs duties, taxes, detention, demurrage, storage, overweight surcharges, fuel surcharges, seasonal surcharges, and congestion charges.
8.2 DocShipper shall have a general lien over all goods in its possession for all sums due and may sell or dispose of the goods after giving reasonable notice if payment is not made.
9. Booking Requests
9.1 All bookings are subject to space, equipment, and carrier availability.
9.2 Rates and quotations are contingent upon the accuracy of the information provided by the client and may be revised if weight, volume, description, or regulatory conditions change.
10. Cargo Restrictions
10.1 Unless otherwise agreed in writing, DocShipper shall not accept for shipment:
- live animals, plants, perfumes, jewellery, currency, precious metals, valuables,
- hazardous, flammable, explosive, or infectious materials,
- military or dual-use equipment, or
- pharmaceutical cargo requiring special licensing.
10.2 Acceptance of restricted cargo remains subject to prior approval by carriers and authorities.
11. Subcontracting
11.1 DocShipper reserves the right to subcontract all or part of its Services to third-party agents, carriers, or contractors.
11.2 DocShipper shall remain responsible to the client for contractual performance.
12. Presence During Pickup and Delivery
12.1 The client or its representative must be present during pickup and delivery.
12.2 The client is responsible for verifying that no items are left behind and for acknowledging any pre-existing damage noted by DocShipper’s staff.
13. Storage Due to Delivery Impediment
13.1 If delivery cannot be completed due to the client’s absence or other impediments not attributable to DocShipper, the goods may be placed in storage at the client’s expense and risk.
14. Transit Times and Routing
14.1 Transit times, routings, and transport modes are indicative only and shall not be guaranteed.
14.2 DocShipper shall not be liable for delays caused by carriers, customs, or other external factors.
15. Invoicing and Payment
15.1 Invoices are issued based on the client’s shipping instructions.
15.2 Payments must be made within the terms stated on the invoice.
15.3 Interest shall accrue at eight percent (8%) per annum on overdue sums.
15.4 DocShipper reserves the right to suspend or withhold Services until all outstanding amounts are paid.
15.5 The client shall be liable for all legal and collection costs incurred by DocShipper in recovering overdue sums.
16. Compliance and Documentation
16.1 All bookings are subject to compliance checks, including verification of cargo, end use, and compliance with applicable laws.
16.2 The client is solely responsible for the accuracy and completeness of documentation.
16.3 DocShipper shall not be liable for delays, penalties, or costs resulting from inaccurate or incomplete documentation.
17. Claims and Loss Notifications
17.1 Visible damage must be recorded on the delivery note at the time of receipt.
17.2 Concealed damage must be notified in writing within seven (7) days of delivery.
17.3 Failure to comply with these deadlines shall bar any claim.
17.4 Goods shall be deemed lost if undelivered within thirty (30) days for road or rail transport, sixty (60) days for sea transport, and one hundred and twenty (120) days for air transport from the expected delivery date.
18. Waiting Time
18.1 DocShipper grants the following free waiting times:
(a) fifteen (15) minutes for shipments under 100 kg or 20 items,
(b) thirty (30) minutes for larger LTL shipments,
(c) two (2) hours for 20’ FCL,
(d) three (3) hours for 40’ FCL or full truckload.
18.2 Additional waiting time shall be invoiced to the client.
19. Force Majeure
19.1 DocShipper shall not be liable for delay, non-performance, or costs caused by events beyond its reasonable control, including but not limited to natural disasters, pandemics, strikes, war, terrorism, government restrictions, port closures, cyberattacks, or carrier disruptions.
19.2 In the event of prolonged force majeure, DocShipper may suspend, amend, or terminate Services without liability.
20. Confidentiality and Data Protection
20.1 All client information shall be treated as confidential.
20.2 DocShipper complies with the Personal Data (Privacy) Ordinance (Cap. 486) of Hong Kong.
20.3 Personal data shall only be collected and processed for the execution of Services and may be disclosed to subcontractors or authorities where strictly necessary.
21. Severability
21.1 If any provision of these Terms is found to be invalid or unenforceable under Hong Kong law, the remaining provisions shall continue in full force and effect.
22. Governing Law and Jurisdiction
22.1 These Terms shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China.
22.2 The parties submit to the exclusive jurisdiction of the Hong Kong courts.
22.3 DocShipper reserves the right, at its sole discretion, to refer disputes to arbitration under the rules of the Hong Kong International Arbitration Centre (HKIAC).
Sourcing services
1. Purpose and Scope
1.1 These General Terms & Conditions of Sale (T&Cs) apply to all procurement, sales and/or services (the “Products”) offered by DocShipper Asia Company Limited (“DocShipper”) to individual and corporate clients (the “Client”).
1.2 DocShipper is not the manufacturer of the Products. DocShipper acts solely as an intermediary and logistics agent mandated by the Client, arranging procurement, sourcing, importation, and transportation with third-party suppliers.
1.3 These T&Cs, together with quotes, purchase orders, and any special conditions accepted in writing, constitute the binding Agreement between DocShipper and the Client.
2. Orders
2.1 The Client shall provide accurate, complete, and compliant information when requesting a quote.
2.2 Orders become firm and final upon issuance of a purchase order or payment of a deposit.
2.3 Any subsequent cancellation or modification requires DocShipper’s prior written consent and will result in the Client being charged for all costs already incurred.
2.4 Orders for non-standard or customized Products are strictly non-cancellable and non-amendable.
3. Prices
3.1 Prices are set on the date of order, based on negotiations with suppliers. They are quoted exclusive of tax, in euros or any other agreed currency.
3.2 Prices will be subject to VAT where applicable, together with transportation, customs, and logistics costs.
4. Payment Terms and Conditions
4.1 Payments may be made by bank transfer, credit card, or PayPal.
4.2 DocShipper reserves the right to demand upfront payment or bank guarantees if there are doubts about the Client’s solvency.
4.3 Failure to pay any instalment by its due date shall render all outstanding sums immediately payable in full.
4.4 DocShipper retains a general lien over all goods, documents, and data until full settlement of all sums owed.
4.5 Late payments shall accrue interest at a rate of eight percent (8%) per annum, plus recovery of all collection costs, including legal fees.
5. Retention of Title
The Products remain the property of DocShipper until full payment has been received.
In the event of insolvency or liquidation of the Client, DocShipper reserves the right to reclaim unpaid Products.
6. Delivery
6.1 Delivery costs and methods will be specified to the Client at the time of order.
6.2 Upon receipt, the Client must check the Products and record any damage or shortage on the delivery note, then confirm in writing within seventy-two (72) hours (registered letter with acknowledgment of receipt and e-mail).
6.3 DocShipper shall not be held liable for any failure or delay caused by force majeure, external disruptions, or disputes involving transporters or manufacturers.
6.4 DocShipper reserves the right to suspend or refuse delivery in case of outstanding payments or unresolved disputes with the Client.
7. Force Majeure
7.1 Events considered as force majeure include, but are not limited to: natural disasters, fires, floods, pandemics, strikes, wars, terrorism, cyberattacks, government restrictions, port closures, equipment shortages, or supplier/transport disruptions.
7.2 In the event of force majeure, DocShipper may suspend, extend, or terminate the Agreement without liability.
8. Liability
8.1 Limited Role
DocShipper acts solely as an intermediary. It is not responsible for the design, manufacturing, regulatory compliance, or intrinsic quality of the Products.
8.2 Liability Cap
DocShipper’s liability, for any cause whatsoever, shall in all cases be limited to the lower of:
(a) the invoiced value of the relevant order; or
(b) two (2) Special Drawing Rights (SDR) per kilogram of gross weight of goods lost or damaged.
8.3 Exclusions
DocShipper shall not be liable for any indirect, special, or consequential damages, including but not limited to loss of profit, loss of business opportunity, reputational harm, or loss of market.
8.4 Compliance
Product compliance and quality are the sole responsibility of the supplier/manufacturer. DocShipper shall not be liable for any non-compliance or quality defects.
9. Client’s Obligations
The Client undertakes to:
- provide all necessary and accurate information, documents, and authorizations,
- comply with all tax, customs, export control, and regulatory obligations,
- indemnify and hold DocShipper harmless from any claim, penalty, fine, or cost arising from its own breaches or inaccurate information.
10. Limited Warranty
10.1 DocShipper limits its warranty to delivery compliance with the agreed quantities and references.
10.2 No other express or implied warranty is given, including but not limited to fitness for purpose, merchantability, or third-party rights.
10.3 The Client’s remedies are strictly limited, at DocShipper’s sole option, to:
(a) a refund of the purchase price,
(b) repair of the Products, or
(c) replacement of the Products, provided that they are returned within twenty (20) days, with proof of purchase.
11. Confidentiality and Data Protection
DocShipper treats all Client information as confidential.
DocShipper complies with the Personal Data (Privacy) Ordinance (Cap. 486) of Hong Kong.
Personal data shall only be collected and processed for the execution of Services and may be shared with subcontractors or authorities strictly where necessary.
12. Recovery of Costs
In addition to interest charges, the Client shall reimburse DocShipper for all reasonable recovery costs incurred, including legal and administrative expenses.
13. Severability and Non-Waiver
13.1 If any provision of these T&Cs is held invalid or unenforceable under Hong Kong law, the remaining provisions shall continue in full force and effect.
13.2 The failure of DocShipper to enforce any right shall not be deemed a waiver of such right.
14. Governing Law and Jurisdiction
14.1 These T&Cs shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China.
14.2 All disputes shall be submitted to the exclusive jurisdiction of the courts of Hong Kong, unless DocShipper elects, at its sole discretion, to refer disputes to arbitration under the rules of the Hong Kong International Arbitration Centre (HKIAC).