MSC MALAWI LIMITED ACTS, UNLESS EXPRESSLY INDICATED OTHERWISE, ALWAYS ON BEHALF AND IN THE NAME OF MSC MEDITERRANEAN SHIPPING COMPANY S.A. (THE “CARRIER”).
THE CONTRACT OF CARRIAGE AND ALL SERVICES OF THE CARRIER ARE SUBJECT TO THE CARRIER’S TERMS AND CONDITIONS (EITHER, WHEN A BILL OF LADING IS ISSUED SUBJECT TO THE “BILL OF LADING STANDARD TERMS AND CONDITIONS”, OR, IN ALL OTHER CASES SUBJECT TO THE “SEAWAYBILL TERMS AND CONDITIONS”), THE BOOKING TERMS AND THE LOCAL AGENCY TERMS AND CONDITIONS AT THE PORTS OF LOADING, TRANSSHIPMENT AND DISCHARGE.
MSC or Carrier: means MSC MEDITERRANEAN SHIPPING COMPANY S.A.,12-14 Chemin Rieu, 1208 Geneva – Switzerland
MSC Malawi: means MSC MALAWI P.O. Box 40059, KANENGO, LILONGWE, MALAWI including all its branch offices in MALAWI and acting as agent of MSC MEDITERRANEAN SHIPPING COMPANY S.A. only.
Merchant: includes the Booking Party, Shipper, Consignee, holder of a Bill of Lading, the receiver of the Goods and any Person owning, entitled to or claiming the possession of the Goods or the corresponding Bill of Lading or anyone acting on behalf of this Person and when the context so requires means those persons jointly and severally.
2.1 In case of any inconsistency between these Agency Terms and Conditions and the Terms and conditions of the MSC Bill of Lading and/or Sea Waybill, the latter shall prevail.
2.2 These Agency Terms and Conditions shall be deemed to form part of all contracts between the Merchant and MSC via its local agent MSC Malawi. Orders and instructions of the Merchant shall be considered as his acknowledgement and acceptance of these Agency Terms and Conditions.
2.3 General Conditions of the Merchant will not be applicable and shall in any way be superseded by these Agency Terms and Conditions and the Terms and Conditions of the MSC Bill of Lading and/or Sea Waybill. Deviations from these Agency Terms and Conditions and in particular general conditions of the Merchant shall not apply unless this has been explicitly agreed in writing.
3.1 MSC Malawi acts as agent for and on behalf of MSC MEDITERRANEAN SHIPPING COMPANY S.A. (the "Carrier", "MSC") only. All quotations made by MSC Malawi are on behalf of the Carrier.
3.2 Quotations made by MSC Malawi are not binding until MSC Malawi's final booking confirmation has been transmitted in writing to the Merchant. Any quotation will become null and void unless the Merchant has accepted it in writing within 30 days after receipt.
3.3 Quoted times and dates for empty positioning and loading are always subject to equipment availability and space. Advertised transit times, sailing and arrival dates are estimated times only; and such schedules may be advanced, delayed or cancelled without notice. In no event shall the carrier be liable for consequential damages or for any delay in scheduled departures or arrivals of any vessel or other conveyances used to transport the goods by sea or otherwise.
3.4 All charges are "VATOS" (Valid at Time of Shipment). Unforeseeable and additional expenses (such as statutory increase, war risk, congestion, etc.) before, during and after the sea-carriage may at any time be charged by the Carrier to the Merchant.
3.5 Alterations caused by the Merchant, for instance release of cargo to alternative third parties, issuance of switch bills of lading etc., are not included in MSC Malawi quotations.
3.6 Unless stated otherwise and expressly confirmed in writing, each quotation always relates to:
Harmless goods, being made clear that IMDG cargoes are always and strictly subject to the Carrier and Master's final approval at time of loading
Cargo shipped and stowed with "deck option"
In gauge cargo, if quoted for open top containers, flat racks and platforms
Cargo valued below USD 200.000,00 per container, if cargo value is not presented upon quotation-request. For high-value-cargo-containers (exceeding USD 200.00,00 - two hundred thousand US dollar cargo value) the Merchant has to submit a written warning notice upon booking and, unless included in the freight, to pay an additional HVP (high-value-premium).
4. CARRIER’S RESPONSIBILITY IN MALAWI JURISDICTION
4.1 The Merchant acknowledges and agrees that pursuant to cl 10.3 of the Carrier’s Terms and Conditions the transport contract is subject to English law and the exclusive jurisdiction of the High Court in London, save as otherwise stipulated in cl 10.3. Should nevertheless ever Malawian law be applied by any court or tribunal assuming jurisdiction in respect of the Carrier’s responsibility, then, in such event, the following shall apply in addition to the Carrier’s Terms and Conditions:
4.2 The Carrier shall not be responsible for any fault of his servants or the ship’s crew if damage has occurred as a result of fire or explosion on board, or as a result of any act, neglect or default in the navigation or in the management of the ship other than predominantly carried out in the interest of the cargo.
4.3 The same shall apply in relation to any act, neglect or default of a pilot or any other independent person involved in the navigation or management of the ship.
5. EXPORT- AND CROSS-TRADE BOOKINGS
5.1 The MSC Malawi Booking Confirmation formalizes the transport contract concluded between the Merchant and MSC, as a consequence of which both Booking Party and Shipper become jointly and severally contractual partners of MSC MEDITERRANEAN SHIPPING COMPANY S.A.
5.2 The Booking Party and Shipper are responsible for and have to recheck all information provided concerning description of goods, hazardous cargoes, reefer and out of gauge details as well as for the correctness of weights indicated. They must inform MSC or MSC Malawi immediately in writing in case of any discrepancies or missing details. Any discrepancies or wrong information at the time of receipt of the goods, especially in respect of the cargo’s weight, may lead to substantial risk and costs for account of the Merchant and might result in short-shipments. In particular, discrepancies may lead to Status Change costs as per quay / terminal tariff.
5.3 The Booking Party and Shipper have to check and ensure that the maximum payload complies with all country-specific legal regulations or requirements at origin, in the transit countries and at destination. They are expressly reminded that overstuffing of containers is not permitted by law and the Carrier and may result in severe injuries and casualties for which the Merchant will be held fully liable.
5.4 For security reasons all containers for all destinations must be sealed by the Booking Party and Shipper or their representatives with High Security Bolt Seal or equivalent directly after stuffing. Unsealed and incorrectly sealed containers will be resealed upon arrival at the terminal at the Merchant’s costs and responsibility and may be short-shipped. Any resulting costs are for account of the Merchant.
5.5 Loading and stowage of goods is carried out under sole instructions of the Ship’s Command. All goods are stowed “option deck” at Merchant’s risk. Requests for “under deck” stowage are subject to written approval and confirmation by MSC or MSC Malawi.
5.6 Freight charges may only be “payable elsewhere” or “Collect” in USD or other currency prior to written approval of POD and have to be paid within 48 hours after vessel departure. Any Bank service charges/ transaction costs are for account of the payer.
5.7 Unless expressly agreed otherwise, all invoices are payable immediately and without deduction or rights of retention or of set-off whatsoever.
5.8 B/L or Shipping Instructions must be submitted latest 48 hours before vessel berth in Beira/Nacala. For shipments to countries/areas requiring an AMS-filing or comparable procedures, special deadlines shall apply. The Booking Party and Shipper are responsible to enquire the specific deadline applicable to their shipment.
5.9 The Merchant declares that all used wooden packing materials comply with ISPM 15 regulations.
5.10 In consideration of Carrier issuing, at the booking party or the shipper’s request, Sea Waybill instead of Bill of Lading for the contract of carriage of the cargo, the booking party and the shipper hereby indemnify the Carrier for all and any claims, losses, costs, expenses and liabilities of any nature whatsoever that arise in consequence of the use of a Sea Waybill instead of a Bill of Lading. The booking party and the shipper further undertake to ensure that the Consignee designated on the Sea Waybill receives a legible copy of, by fax or e-mail, and agrees to abide by, the terms, conditions, exceptions and limitations contained in the Carrier Sea Waybill as freely accessible under www.msc.com and to inform the Consignee that a formal letter of acceptance of the MSC Sea Waybill Terms and Conditions will be requested from him at destination prior to delivery, being made expressly clear that oversight from MSC or its agent to obtain such a letter of acceptance prior release of the cargo shall not be deemed in any way as a waiver by MSC of its rights to rely upon, nor as a non-acceptation by the Consignee, of these Terms and Conditions
5.11 Shipping documents will be issued immediately upon receipt of loading confirmation and kept at Merchant’s disposition at the MSC Malawi local office. Transfer and dispatch of documents (by registered mail or courier) will only be effected upon receipt of the Merchant’s order confirmation and at his sole risk, expense and responsibility and shall be deemed remitted to the Merchant upon sending.
5.12 In case of Merchant’s Haulage, the Booking Party and Shipper are responsible for inspecting the empty container for its suitability to carry the specific shipment booked at the time of empty pick up from the depot/terminal either directly or via their truckers. Any later refusal of container will cause additional costs for account of the Merchant and neither MSC nor MSC Malawi shall be held liable for the costs of changing/replacing a container accepted during empty positioning unless the vice affecting the container was not detectable during a summary check; in which case the costs of the container changing shall be equally shared. Notwithstanding the above, a light-test is compulsory prior to each empty container’s acceptance and no liability shall be borne by the Carrier or MSC Malawi for costs of exchanging a container found with holes or cracks at a later stage.
5.13 Booking Party and Shipper are responsible for ensuring that all prior IMO (hazardous goods) placards and labels have been removed from the container before pick-up or latest during stuffing of its non-hazardous cargo. Costs resulting from neglect will be for the account of the Merchant.
5.14 The use of dry-van containers in lieu of reefer or temperature-controlled containers is left to the sole Merchant’s appreciation and decision and the Carrier shall have no liability or responsibility whatsoever for thermal or condensation loss or damage to the goods sustained by reason of natural variations in atmospheric temperatures whether the cargo was carried on or under deck.
5.15 Container’s full redelivery to the port prior to loading is only possible by stating the provided delivery reference to the Terminal Interchange and the Merchant and/or its trucker are jointly responsible to ensure proper communication during Gate-In. For container delivery to the ports Hamburg and Bremerhaven it is mandatory to state the correct vessel name.
5.16 The Booking Party, the Shipper and their trucker are jointly responsible to check that the empty container picked up at the depot is used for the booking confirmed by MSC Malawi for this specific container. Neither MSC nor MSC Malawi shall be responsible for any costs linked to the repatriation or additional on-carriage costs of wrongly swapped cargoes carried within correct containers due to a mistake during the empty pick-up.
5.17 As per the SOLAS Convention (Safety of Life at Sea) it is mandatory for shippers to verify weights of packed containers, regardless of who packed the container. The verification of actual container weight must be obtained on-shore, and provided to the vessel operator and the port terminal facility prior (to VGM cut off)to the vessel loading process. Neither MSC nor MSC Malawi shall be responsible for any costs linked with the declaration of incorrect container weights.
20' DV Open Top, Flat Rack and Platform cannot be dispatched to Malawi on Merchant Haulage, only on Carrier Haulage, and on case by case basis to be dealt with MSC Lilongwe office.
6. HAZARDOUS GOODS / IMDG CARGOES
6.1 Hazardous cargo bookings are only accepted together with a dangerous goods declaration (DGD)
6.2 The signed “Container Packing Certificate” needs to be presented at the latest 24 hours prior cargo closing at Terminal.
6.3 Even if a hazardous cargo booking is accepted by MSC in the first instance, MSC reserves the right to reject the shipment, since final approval is with the Vessel’s Master.
7. WASTE & SCRAP CARGOES
7.1 The Merchant is responsible to ensure that each booking of waste and/or scrap cargo complies absolutely with the requirements of the laws of Malawi.
7.2 Any wrong declaration or missing documentation will lead to a Mis-declaration Fee of USD 500 per container for account of the Merchant in addition to the liability exposed under the Contract of Carriage for any other charges, costs or penalties that may arise for the Carrier due to miss-declaration.
8. REEFERS AND TEMPERATURE-CONTROLLED CARGOES
8.1 No reefers are accepted in Malawi. Only in exceptional circumstances pre-arranged with relevant depots and MSC local office
8.2 Booking Party, Shipper and its representatives are responsible to check the pre-settings of the container temperature prior to stuffing, and MSC or MSC Malawi shall not be held liable for temperature damages generated by hot stuffing or non-disputed wrong pre-settings.
EXPORT LOCAL CHARGES (STORAGE / DEMURRAGE / DETENTIONS ETC.)
The Merchant is asked to check MSC Malawi Export Local Charges at https://www.msc.com/mwi/country-guides/malawi/export-local-requirements concerning local charges for ports in other countries, please visit the webpage of the MSC offices at www.msc.com
9. IMPORT BOOKINGS
9.1. The provisions and under clauses 4 to 7 above apply mutatis mutandis to the Import bookings
9.2 In addition to the above, the following Form / List must be properly filled out with all corresponding information and provided to MSC Malawi for any / all Import Bookings:
Client reference (if any)
Pre-carriage (if any)
On carriage (if any)
Freight Forwarder (for export from USA only)
Origin (for export from USA only)
Notify 2 (if any)
Ocean/Sea-freight payable at
D-THC and local charges payable at
Estimated time of shipment
10. FORWARDING SERVICES PROVIDED OUTSIDE THE SCOPE OF MSC BILL OF LADING / SEA WAYBILL
In so far as MSC Malawi accepts to procure, in addition to the voyage expressly covered by the Carrier’s Bill of Lading/ Sea Waybill (or in cases where no transport documents have been issued, by the Carrier’s initial freight quotation or Booking Confirmation), land forwarding services including but not limited to the procurement of pre- or on-carriage, then MSC Malawi still acts in the name of the Carrier.
11. IMPORT REQUIREMENTS FOR RELEASE OF CARGO
11.1 No release of cargo/ container(s) will be authorized until the MSC Original Bill of Lading has been duly accomplished / fully executed by presentation and endorsement.
11.2 In case of Sea Waybill / Telex Release, no release of cargo/container(s) will be authorized until a Letter of Indemnity / Undertaking has been signed and stamped by the Consignee through which it acknowledges its acceptation of the MSC Bills of lading Terms and Conditions. For the ease of reference, the MSC Terms and Conditions are to be found under https://www.msc.com/deu/contract-of-carriage
11.3 The Merchant always has and is solely responsible to check container(s) availability in respect of release and/or transportability with the Terminal Interchange before taking delivery to avoid failure trucking and waiting time. MSC and MSC Malawi shall not entertain any claim for waiting time or fault-freight if this obligation is neglected.
11.4 In case of on-carriage, the Merchant’s delivery instruction must reach MSC Malawi at least four working days prior estimated time of arrival (ETA) at discharge port in order to arrange the positioning. MSC and MSC Malawi shall not be held liable for delay and additional costs generated due to a disrespect of this obligation.
11.5 The empty container has to be returned to the container depot designated by MSC in a clean, undamaged condition and completely free of cargo residues, with all chemicals, dangerous goods (in accordance with applicable regulations), and fumigation labels removed. Failure to comply with this requirement may result in additional costs for account of the cargo.
11.6 Invoices are issued in USD but must be paid in Malawi Kwacha without deduction or set-off prior the release of cargo.
The Merchant shall take delivery of the Goods within the time provided in the Carrier’s applicable tariff referred to in Clause 3 of the MSC Bill of Lading and Sea Waybill Terms and Conditions.
Shall the Merchant fail to take delivery of the Goods within ten (10) days of the delivery becoming due under a) above, such delay shall be considered as unreasonable in the meaning of the clause 20 of the MSC Bill of Lading and Sea Waybill Terms and Conditions and the Carrier shall not thereafter have any further responsibilities or liability in respect of these goods.
Notwithstanding the above, the Carrier shall be entitled, without notice, to unpack the Goods and/or to store the Goods ashore, afloat, in the open or under cover, at the sole and entire risk of the Merchant and such storage shall constitute due delivery and the costs of such storage (if paid or payable by the Carrier or any agent or sub-contractor of the Carrier) shall forthwith upon demand be paid by the Merchant to the Carrier.
If, whether by act or omission, the Merchant directly or indirectly prevents, delay or hinder the discharge or the delivery of the Goods, any costs, expenses or liability so resulting shall be for its full and sole account.
IMPORT LOCAL CHARGES (STORAGE/DEMURRAGE/DETENTION ETC.)
The Merchant is invited to check the MSC Malawi Import Local Charges by contacting the Import Desk directly at https://www.msc.com/mwi/country-guides/malawi/import-local-requirements or on the agency website under www.msc.com. For any local charges in other countries, please visit webpage of the local MSC office at msc.com.