01Definitions
Carrier means Summit Shipping Line Pte Ltd, acting as common carrier and contractual carrier for the carriage expressly identified in the E-Sea Waybill, whether performed using an owned, chartered or subcontracted vessel. A vessel name, logo or agent signature does not substitute another entity as Carrier. Common carrier status does not exclude any duty imposed by Mandatory Law.
Booking Customer means the person contracting with the Carrier for the shipment, including a Main Line Operator (MLO), an NVOCC or a direct shipper booking customer supplied Containers. A booking intermediary acts as principal unless, before acceptance, it discloses its principal and the Carrier expressly accepts that person as the contracting customer. Merchant means the Booking Customer, named shipper, named consignee, cargo owner and any person lawfully acting for them, but only to the extent bound by contract or applicable law. Naming a person does not itself create contractual liability.
Goods includes the cargo and, where the context requires, its packaging and customer supplied Container. Container includes a dry container, reefer, tank, flat rack or other transport unit. SOC means a shipper owned Container, including for these terms equipment owned, leased or otherwise lawfully supplied by a shipper, NVOCC, consignee or their equipment provider rather than by the Carrier. NVOCC describes the customer’s business capacity; SOC describes the equipment arrangement, and an NVOCC shipment may also use SOC. The Carrier supplies no Carrier-owned equipment under this contract. MLO means a Main Line Operator booking feeder carriage with the Carrier. MLO supplied equipment, whether owned, leased or otherwise lawfully controlled by the MLO, is customer supplied equipment for this contract even where treated as carrier owned equipment in the MLO’s own business. Acceptance of MLO equipment does not constitute a Summit COC supply service.
E-Sea Waybill means the non-negotiable electronic receipt and evidence of this contract issued by the Carrier. Freight includes agreed freight, surcharges and other sums payable under this contract. Mandatory Law means any law or convention that cannot lawfully be excluded.
02Contract formation and document priority
These terms shall be supplied or made accessible to the Booking Customer before booking acceptance. A booking becomes binding when accepted by the Carrier in writing or through its authorised platform. Acceptance of bookings and cargo is subject to applicable common carrier duties and lawful capacity, safety, documentation, credit and cargo acceptance requirements. The Booking Customer contracts in the capacity recorded under clause 1.2 and warrants authority for instructions given for others. No contractual acceptance condition overrides Mandatory Law.
Mandatory Law prevails. Subject to it, a specifically negotiated agreement signed by an authorised Carrier representative prevails over inconsistent terms here; shipment particulars on the E-Sea Waybill prevail over inconsistent booking particulars. These terms govern otherwise. Rates and free time apply only as agreed or incorporated from an identified tariff supplied or made accessible before acceptance.
Purchase orders, house bills, booking customer conditions and subsequent unilateral instructions do not amend this contract. Amendments require the Carrier’s express written agreement. The version accepted for the booking continues to apply; later website changes do not retrospectively alter it.
03Non negotiable status and electronic records
This E-Sea Waybill is not a document of title, negotiable bill of lading or transferable electronic bill of lading. It must identify a named consignee and must not be issued to order or to bearer. No original document, endorsement or surrender is required for delivery under clause 6.
The parties consent, to the extent permitted by law, to authenticated electronic issue, transmission, storage and amendment. A PDF, printout or emailed copy is a copy of the non-negotiable record and does not give its holder a right to possession or control.
Each party shall protect its authorised accounts and promptly report suspected compromise. The Carrier may verify unusual instructions and suspend action pending reasonable authentication. Neither party is excused from its own legally applicable duties concerning fraud, cybersecurity or data protection. Electronic logs are admissible evidence subject to applicable law and rebuttal.
04Customer capacity MLO NVOCC and direct SOC bookings
MLO, NVOCC and direct SOC bookings are accepted under these terms, subject to clause 2. The Booking Customer shall accurately declare its contracting capacity and equipment arrangement. For a direct SOC shipment with no separate customer transport document, the separate transport document obligations in clauses 4.2 to 4.4 do not apply merely because the Container is SOC.
Where the Booking Customer acts as an MLO, NVOCC, consolidator or other contracting carrier issuing its own bill of lading, sea waybill or other transport document, it is responsible for that document and its destination release arrangements. It shall ensure its customer transport contracts authorise the contemplated feeder carriage and subcontracting, and use legally effective terms extending relevant defences and limits to the Carrier and its performing subcontractors. The Carrier does not adopt the customer’s transport document or guarantee obligations exceeding this contract.
Where the Booking Customer issues its own bill of lading or other transport document requiring surrender or other release controls, it shall make arrangements with its destination agent and procure any necessary consent before requesting or authorising delivery under this non-negotiable E-Sea Waybill. The Carrier does not undertake to check, collect or cancel the Booking Customer’s bills of lading or other transport documents unless a separate written service expressly requires it. A direct SOC booking remains subject to the named consignee, authority and release provisions in clauses 5 and 6.
A Booking Customer issuing its own transport documents shall indemnify the Carrier for reasonable loss, liability and defence costs caused by its breach of clauses 4.2 or 4.3 or commitments in those documents exceeding this contract. Any Booking Customer shall remain responsible for losses caused by its unauthorised instructions to the extent legally recoverable. Neither obligation excludes liability imposed on the Carrier by Mandatory Law or indemnifies its own breach to that extent.
For MLO bookings, the MLO shall identify the contractual shipper, named destination consignee or authorised agent, equipment status and relevant connecting service instructions. The MLO remains responsible for its own through carriage commitments, customer document release and onward or empty equipment arrangements, except for a service expressly accepted by the Carrier. A separate signed feeder, slot or service agreement prevails over inconsistent provisions here in accordance with clause 2.2. Connecting schedules remain subject to clause 16.
05Right to give instructions
Until delivery, the named shipper retains the right to instruct the Carrier concerning the consignee or destination, subject to law, feasibility, accrued rights and payment of additional costs. The Booking Customer must procure the named shipper’s authority if instructing on its behalf.
The named shipper may transfer the right of control to the named consignee by an authenticated instruction expressly accepted and recorded by the Carrier. After that acceptance, the shipper cannot change the consignee or destination without that consignee’s consent. A notify party has no authority merely by being named.
Changes take effect only when the Carrier confirms acceptance before delivery or issue of an irrevocable release. The Carrier may decline unlawful, unsafe or impracticable changes and may require evidence of authority, surrender of an unused delivery order, security and payment.
06Delivery and electronic release
Subject to customs clearance, lawful holds and payment or agreed credit arrangements, the Carrier shall deliver to the named consignee or its duly authorised representative after reasonable verification of identity and authority. Delivery may be effected through a delivery order or authorised terminal release system.
Possession of an E-Sea Waybill copy, container number, email or release code alone is not conclusive authority. The Carrier and its agents shall apply reasonable authentication procedures and comply with Mandatory Law. A delivery order or release code does not by itself end the Carrier’s cargo responsibility before delivery under clause 7.
The consignee shall arrange prompt collection within agreed terminal free time. Where local law requires delivery into the custody of an authority, the legal consequences and end of responsibility are determined by that law. Discharge into a terminal does not automatically constitute delivery in every jurisdiction.
Where delivery is prevented by conflicting claims, fraud concerns, court orders or missing approvals, the Carrier may place the Goods in appropriate custody pending resolution, notify relevant parties where practicable and seek directions. Reasonable resulting costs are payable by the responsible Merchant except to the extent caused by the Carrier’s breach.
07Scope and period of responsibility
Carriage is limited to the feeder leg from the named Port of Loading to the named Port of Discharge. Inland collection, customs brokerage, warehousing outside the agreed carriage and subsequent carriage are excluded unless expressly accepted in a separate written agreement.
Subject to Mandatory Law and any expressly agreed wider period, responsibility extends from loading aboard the carrying vessel until discharge from it. Any period of actual custody outside that interval is governed by applicable law and the separately agreed service. These terms do not contract out of a mandatory custody period.
Connecting vessel details and final destinations are informational unless expressly included in the contracted service. The Carrier does not guarantee a connection or assume another carrier’s through obligations merely because its feeder service forms part of a wider shipment.
08Applicable cargo liability regime
Any compulsorily applicable cargo liability law or convention governs to the extent required. In its absence, the Hague-Visby Rules, including the 1979 SDR Protocol, are contractually incorporated for carriage by sea from loading to discharge, including as appropriate the carriage of customer supplied Containers. This E-Sea Waybill expressly provides that those Rules govern that carriage, subject to overriding Mandatory Law.
The Carrier retains the defences, limitations and time bars allowed by the applicable regime, subject to its corresponding obligations, including due diligence and proper cargo care where required. Nothing reduces non-excludable responsibility for seaworthiness, custody, loss, damage or misdelivery.
If US COGSA applies compulsorily, its mandatory provisions control, including its applicable USD 500 per package or customary freight unit limit, unless a legally effective higher value arrangement applies. Other national mandatory regimes prevail where applicable.
09Limits and declared value
Where the contractually incorporated Hague-Visby SDR regime governs, liability is limited to 666.67 SDR per package or unit or 2 SDR per kilogram of gross weight of the Goods lost or damaged, whichever is higher, subject to the Rules and any circumstances removing limitation.
Package enumeration, the treatment of a Container and conversion of SDR shall follow the applicable regime. A container count does not automatically determine the package count where packages within it are legally enumerated. The Carrier does not warrant the quantity or contents of a sealed Container solely by reproducing declared particulars.
A higher liability value applies only if declared before shipment, expressly accepted by the Carrier, recorded in the E-Sea Waybill and any agreed additional freight paid. An invoice value, customs value or house bill declaration alone is insufficient. No recovery may exceed the proven recoverable loss or permit double recovery.
10MLO SOC and customer supplied containers
MLO supplied Containers and SOC may be accepted laden or empty as declared and expressly booked. The Booking Customer shall identify the equipment owner or provider, warrant its right to tender and obtain delivery of the equipment, and provide Containers structurally sound, fit for the cargo and handling method, appropriately plated and examined under applicable CSC requirements, and compliant with size, weight and terminal requirements. It shall disclose pre-existing damage and special handling needs. Empty tank Containers and other units with dangerous residues must be declared and handled under applicable dangerous goods requirements.
The Booking Customer is responsible for packing, securing, lashing within the Container, accurate seals, weight distribution and compatibility of the Goods. Carrier acceptance or external inspection does not certify hidden condition, contents or packing.
The Carrier remains responsible for Container loss or damage attributable to it under the applicable legal regime. Recoverable Container damage shall reflect reasonable repair costs or proven value allowing for age, condition and salvage, subject to legally applicable limits. No automatic new-for-old replacement obligation is created.
The Carrier does not charge detention or demurrage for use of Carrier-owned equipment under this contract. Agreed terminal storage, handling, reefer electricity, monitoring, cleaning and other actual or contractually agreed services remain payable. Any third-party equipment detention claim must have an independent contractual or legal basis.
The Booking Customer shall arrange customs admission, temporary import, re-export, destination collection and any return of its customer supplied Container, as applicable. The Carrier undertakes no empty return or depot service unless separately agreed. These arrangements do not reduce the Carrier’s responsibility while the Container remains in its custody under applicable law. Equipment ownership does not confer a separate right to redirect cargo or bypass clauses 5 and 6.
11Particulars weights and seals
Before applicable cut-offs, the Booking Customer shall provide accurate cargo description, package count, gross weight, verified gross mass where required, seal and Container numbers, parties, customs data and special handling information. It shall identify any discrepancy promptly and comply with SOLAS and other applicable requirements.
For sealed customer packed Containers, particulars are supplied by the Merchant and may be recorded subject to appropriate reservations. Any clean receipt concerns apparent external condition only, without overriding statutory evidentiary rules.
The Carrier may refuse loading where VGM, documents or safety information are missing or inconsistent. It may inspect, weigh, scan or open a Container where reasonably required, arrange resealing and record changes. Reasonable costs caused by a Merchant’s inaccurate declaration or breach are recoverable from that Merchant.
12Dangerous goods and prohibited cargo
Dangerous goods require specific written Carrier acceptance before booking confirmation and must comply with the IMDG Code and applicable vessel, port and transit requirements. Required declarations, SDS, UN number, class, subsidiary risk, packing group, flash point where relevant and emergency information must be supplied accurately.
Acceptance for one shipment is not standing approval. The Booking Customer must obtain required destination and transit permissions and any direct delivery arrangements expressly allocated to it. No Carrier acceptance overrides a port prohibition.
Undeclared, misdeclared, prohibited or dangerous Goods may be refused, isolated, landed or otherwise dealt with as reasonably necessary and lawfully permitted to protect life, property and the environment. Destruction or disposal shall follow applicable law and emergency necessity. Notice shall be given where practicable.
The responsible Merchant shall bear legally recoverable loss, fines, emergency costs and other expenses caused by its breach, subject to causation and Mandatory Law. The Carrier retains its own statutory reporting and safety obligations.
13Reefers and temperature sensitive cargo
Reefer carriage requires written acceptance of the required set point, ventilation, humidity and other material settings. The Booking Customer shall provide a serviceable reefer with appropriate pre-trip inspection, pre-cool the cargo where necessary and pack for effective airflow. A reefer is not undertaken to cool inadequately prepared cargo to shipment temperature.
The Carrier shall perform the power supply, monitoring and reasonable cargo care required by the agreed service and applicable law. The Booking Customer shall disclose shelf life and sensitivity and arrange timely destination clearance and collection. Carriage does not guarantee a particular remaining shelf life.
If congestion or disruption threatens the Goods, the Carrier may reasonably arrange additional power, inspection, storage, survey or alternative discharge and seek instructions. Reasonable costs are allocated under the contract according to their cause; no blanket reefer indemnity excuses a non-excludable Carrier breach.
14Out of gauge and special cargo
OOG, heavy lift, tank and other special cargo require prior written approval of dimensions, weight, centre of gravity, securing arrangements and handling needs. The Merchant shall provide suitable equipment, certified securing where required and weather protection appropriate to the agreed stowage.
Approval based on incomplete or inaccurate information may be withdrawn. Agreed cancellation or special handling charges apply only if disclosed and accepted. The Merchant bears additional reasonable costs caused by a material discrepancy in its particulars.
15Stowage and subcontractors
Subject to Mandatory Law and safe practice, the Carrier may carry Containers on or below deck without a separate declaration, use substitute vessels and subcontract performance. Deck carriage does not remove mandatory cargo protection or excuse negligent stowage.
Vessel owners, managers, charterers, performing carriers, terminals, stevedores and agents performing this contract are intended beneficiaries of its relevant defences, limits and jurisdiction provisions to the extent lawful. The Carrier contracts for those benefits as agent or trustee for them where legally effective. No beneficiary obtains a greater aggregate defence or limit than the law permits.
Subcontracting does not remove the Carrier’s responsibility under this contract. Agents signing for the Carrier do so as agents only unless they expressly assume a separate obligation.
16Liberty clause routes and methods of carriage
Sailing dates, transit times and connecting schedules are estimates unless a specific written guarantee is agreed. Subject to Mandatory Law, no compensation is payable solely because an estimated date or connection is missed.
Subject to Mandatory Law, the Carrier may substitute the named vessel; transfer Goods between vessels or other suitable conveyances; transship; use appropriate intermediate transport or storage; take a route other than the advertised, customary or shortest route; and call at, revisit, remain at or omit ports, or change their sequence. The Carrier may load, discharge, reload or store Goods at an intermediate or alternative place where reasonably required to perform or protect the contracted carriage. These liberties apply to the agreed feeder service and do not expand it into a through or inland service under clause 7.
Indirect loss, lost profit and market loss are excluded to the extent legally permitted. Any mandatory liability for delay remains unaffected; liability limitations apply only to the extent authorised by the governing regime.
The liberties in clause 16.2 may be exercised for reasonable operational purposes, including other cargo operations, bunkering, crew changes, repairs, maintenance, surveys and compliance with lawful authority requirements. The vessel may assist persons or vessels in distress, save life or property, tow or be towed where reasonably justified, and put into a port of refuge. These liberties remain subject to applicable cargo care and seaworthiness duties.
Prior Merchant consent or advance notice is not required to exercise a lawful liberty where operational circumstances require prompt action. The Carrier shall nevertheless notify the Booking Customer of material routing, transshipment or discharge changes as soon as reasonably practicable and provide available revised arrangements. This clause does not displace a notice obligation imposed by Mandatory Law.
To the extent permitted by Mandatory Law, a reasonable exercise of these liberties forms part of the agreed carriage and does not, by itself, constitute an unauthorised deviation or breach. This clause does not deem every deviation reasonable, exclude non-excludable liability or remove the Carrier’s duty of proper cargo care. The rights, defences and limits in clauses 8 and 9 apply only as legally available.
Suspension, alternative final discharge, termination and additional costs are governed by clause 17. This liberty clause does not itself authorise automatic cost recovery, end custody on intermediate discharge, change the named consignee or dispense with the release checks in clause 6. Customer supplied Container obligations under clause 10 continue to apply.
17Disruption alternative discharge and additional costs
War risks, piracy, hostilities, port closure, serious congestion, labour disruption, epidemic restrictions and governmental measures may justify suspension, rerouting or alternative discharge where continuation would be unsafe, unlawful or materially impracticable. The event alone does not automatically excuse every contractual obligation.
The Carrier may take reasonable protective measures, seek instructions and, where necessary, discharge at a safe available alternative port. It shall communicate the location, collection arrangements and proposed termination of carriage as soon as practicable. Any termination and subsequent custody remain subject to Mandatory Law.
Reasonable additional freight, storage, handling, reefer power and protective expenses may be recovered where provided by an agreed disruption tariff or reasonably incurred under this clause and legally chargeable to the Merchant. The Carrier shall provide the basis of material charges, avoid double recovery and exclude costs attributable to its own breach to the extent required by law.
No provision requires a master or Carrier to enter an unsafe or prohibited port. General average, salvage and mandatory cargo care obligations are preserved.
18Customs advance filings and compliance
Every Booking Customer shall provide accurate and timely particulars needed for customs, security and advance cargo filings, including MPCI where applicable. An MLO, NVOCC or other transport document issuer is responsible for the filings assigned to it by law or express agreement, including any applicable master or house level filings, registrations and approvals where required by law or expressly allocated to it. A direct SOC customer shall provide the shipper, consignee, cargo and equipment information required for its shipment; SOC status alone does not create an obligation to submit an NVOCC house filing.
The Carrier remains responsible for filings imposed on it by law, even when using an agent or service provider. Booking confirmation shall identify who submits each filing, applicable cut-offs, required references and agreed filing or amendment charges. This contract alone does not transfer a statutory duty.
Missing approvals or references may result in non-loading, holds, refusal of discharge or lawful return. The responsible party shall bear reasonable, legally recoverable costs and penalties caused by its failure, subject to causation, mitigation and any Carrier contribution.
Each party shall comply with sanctions and trade controls applicable to it or the carriage. The Carrier may request supporting information or refuse unlawful performance; reasonably held concerns may justify a temporary hold while verified. Disclosure to authorities and service providers shall comply with applicable data law.
19Freight charges and security
The Booking Customer contracting as principal shall pay Freight in the agreed currency and within agreed credit terms, whether an MLO, NVOCC or direct SOC customer. An MLO or NVOCC contracting as principal remains liable regardless of collection from its customer. A freight collect notation does not release the contracting customer unless the Carrier expressly agrees in writing. Where the Carrier expressly accepts a disclosed principal under clause 1.2, payment liability follows that agreement and applicable law. Any consignee payment obligation depends on its contract or applicable law.
Freight is earned on loading to the extent lawful and agreed, subject to any non-excludable right to refund. Additional charges require an agreed contractual or tariff basis. Interest and collection costs apply only at an agreed lawful rate and to a reasonable recoverable extent.
Subject to Mandatory Law and third-party rights, the Carrier has a possessory lien over Goods in its lawful custody for Freight and reasonable charges relating to those Goods. Any wider lien requires a separate legally effective agreement. Sale or disposal requires lawful authority, applicable notice and an accounting for proceeds after recoverable costs.
20General average salvage and collision
General average shall be adjusted in Singapore under the York-Antwerp Rules 2016 unless Mandatory Law or a specifically agreed lawful provision requires otherwise. The Merchant shall provide appropriate cargo and Container security before release where lawfully required.
Salvage and special charges are payable as determined by applicable law. Nothing prevents any defence to contribution available under that law. Any both-to-blame collision indemnity shall apply only if separately agreed in legally effective wording appropriate to the trade.
21Claims notices and time bar
Apparent loss or damage should be notified in writing at delivery; non-apparent loss or damage should be notified within three days, subject to the governing regime. Failure to notify has only the evidentiary or other consequences allowed by that regime and does not automatically extinguish a claim.
Where the incorporated Hague-Visby regime applies, proceedings must be commenced within one year of delivery or the date delivery should have occurred, subject to legally effective extensions and applicable recourse provisions. Different mandatory periods prevail. A claim letter or negotiation does not itself commence proceedings or extend time.
The claimant shall preserve evidence, mitigate loss, permit reasonable survey and provide shipment records, packing and temperature information where relevant. The parties shall cooperate in protecting recourse rights without admitting liability. Mandatory rights concerning misdelivery and time bars are preserved.
22Law jurisdiction and enforceability
Subject to Mandatory Law, this contract is governed by Singapore law and disputes shall be submitted to the exclusive jurisdiction of the Singapore courts. No arbitration agreement is created by these terms.
Invalidity of a provision does not invalidate the remainder so far as it can lawfully operate. No clause excludes fraud, wilful misconduct or other liability where exclusion or limitation is prohibited. Indemnities require proof of the loss and causal basis and do not authorise recovery prohibited by law.