General
1 GreenX platform is a system to provide e-service for booking shipping space, container and equipment supplied by Evergreen Line (the “Carrier”) to any Merchant as defined in Carrier’s bill of lading terms and conditions which includes any person acting on behalf of the Merchant. All space and equipment supplied in GreenX are based on the available space posted by the Carrier with whom the bookings are being made.
2 The Carrier and the Merchant using the Green X platform (hereinafter “User”) agree that the foregoing provisions reasonably protect the legitimate interests of the parties in ensuring mutual performance of the obligations and adequate container allocation and space availability.
3 The Carrier will make all reasonable efforts to make space available in order to ship the cargo specified in the booking confirmation (hereinafter the “Goods”).
4 The User shall deliver the Goods to the Carrier in accordance with the booking confirmation and regulations. If the User fails to deliver the Goods to the Carrier on or before vessel cut-off for any reason, including, but not limited to, the act, fault or neglect of the User or delays caused by Customs inspection of the Goods, the booking shall be considered cancelled without any refund.
5 The User, NVO, Freight Forwarder or any person owning or entitled to the possession of the Goods or Carrier’s bill of lading and any person acting on behalf of the Merchant, shall be jointly and severally liable to Carrier for the payment of all Freight and Charges as defined in GreenX Booking Terms and clause 14 of Carrier’s bill of lading and any loss, damage, expenses or costs of whatsoever nature which Carrier may sustain by reason of the Merchant’s failure to fulfill the obligations under the GreenX Booking Terms and/or bill of lading. The User further undertakes and agrees to indemnify and pay to Carrier for the relevant freight, charges, costs including but not limited to Ocean Freight, loading/unloading fees, storage fees, auction/destruction/disposal fees, return freight/charges, attorney fees, demurrage/detention/container usages charges tariffed and published by the Carrier locally that arising from unclaimed, refusal, overdue cargo pick-up, or the Goods which are auctioned, destroyed, or returned by the Carrier, Authorities, Court, etc. due to trade disputes, violations of laws and regulations.
Booking
1 User’s acceptance of the booking shall be deemed confirmation that it has read and agrees to the GreenX terms and conditions, which can be viewed at (https://www.greenxtrade.com/). The Carrier’s standard bill of lading terms and conditions of carriage at: https://www.evergreen-line.com/static/jsp/blclause.jsp, and the terms and conditions between the User and the Carrier remain unchanged and shall prevail over any inconsistent provisions in the GreenX terms and conditions.
2 After submitting a booking and receiving a booking confirmation on GreenX approved by the Carrier, the rates quoted shall not be subject to change.
A. In case of additional container(s) added from Carrier’s other booking platforms (Shipment On-Line and Shipment Link), the added container(s) will not be accepted and subject to rollover.
B. In addition, the B/L combination request from Carrier’s different booking platforms will not be accepted due to different rate terms and conditions offered.
C. If the actual gate-in or loaded container type or volume is different from the original booking, User should be responsible for all the extra charges and cost.
3 The rates provided from the platform are conditioned upon the User uploading shipping instructions to GreenX in accordance with the instructions set out in the booking confirmation. If the shipping instructions are submitted in any other manners, the Carrier reserves the right to charge the User additionally.
4 The rates quoted are calculated based on the rates, charges, surcharges and exchange rates applicable to the requested services set forth in the applicable Carrier Tariffs in effect at the time of booking, and where applicable. Some countries may follow different payment terms for certain charges and the User should refer to the local country websites (https://www.evergreen-line.com/) or local sales representatives for detailed information on exceptional payment terms, which may apply. The rates will be calculated on the date the User reserves the booking.
5 For each shipment booked through GreenX platform, the Carrier will charge a Booking Fee of USD10.
6 All freight rates and charges shall be paid to the Carrier in full amount and without any offset, counterclaim, or deduction.
7 All bookings are subject to the Carrier’s cargo acceptance policies. The following cargoes are not authorized to book via GreenX platform: Reefer, Special Equipment, Hazardous, Out of Gauge, Waste Commodities, and Embargo Cargo. In addition to the above mentioned, the Carrier reserves the right to reject any booking requests received and, in such instances, Carrier shall not charge the space management fee and booking fee.
8 The freight rate quoted by GreenX at the time of acceptance of the booking request is reflected on the freight and surcharges shown on the platform as included or excluded. In additional to the freight and surcharges the Carrier shall be entitled to invoice and collect other charges prior to release of the Original Bill of Lading to the User or the delivery of the Goods to the User including but not limited to the following:
A. Extra Demurrage, Detention and Container Usage Charges.
B. Charges to be collected by 3rd parties other than by the Carrier, including but not limited to port storage, port construction fee, China port maintenance fee, etc.
C. Costs and expenses related to the events independent from and beyond the control of the Carrier, including but not limited to Customs/Authorities inspections.
D. Any other charges that have been listed as excluded from the rate quoted including but not limited to THC (Terminal Handling Charge at POL/POD), local charges collected by the Carrier's local offices.
E. VAT, Tax or Withholding Tax.
F. Extra charges caused by the inconsistency between the booked container type or volume with the actual gate-in or loaded container type or volume.
Payment
GreenX provides 2 payment methods: Pay within 24 Hours Payment and Traditional Payment. Carrier reserves rights to restrict User’s Payment methods if User has the following conditions including but not limited to the high booking shortfall ratio, improper use of the website, etc.
1. Pay within 24 Hours Payment:
A. The platform can only confirm a booking after the User has completed the on-line or alternative payment step. If the on-line payment is not available in certain areas, the Carrier will offer alternative payment with local bank account information, and provide 24 hours for payment submission. The User has to submit the payment and upload the payment slip within 24 hours from when the booking request was made.
B. If the confirmed booking is cancelled, "no-show" or the confirmed container volume is reduced, a Space Management Fee based on the cancellation date determined as per the loading port’s time zone shall be assessed as follows:
1) USD25 per booking will be charged from the total collected freight amount when the cancellation or the container volume reduced occurs 10 calendar days or more prior to the estimated vessel departure from the loading port based on booking reserved date and the remainder of the collected amount shall be refunded with the same exchange rate from the original payment after deducting service charges if any. Booking Fee USD10 will not be refunded.
2) 50% from the total collected freight amount per booking will be charged when the cancellation or the container volume reduced occurs between 5 to 9 calendar days prior to the estimated vessel departure from the loading port based on booking reserved date and the remainder of the collected amount shall be refunded with the same exchange rate from the original payment after deducting service charges if any. Booking Fee USD10 will not be refunded.
3) If the cancellation or the container volume reduced occurs between 0 to 4 calendar days prior to the estimated vessel departure from the loading port based on booking reserved date, no refund will be applicable.
2. Traditional Payment:
A. Booking will be confirmed after reviewing the booking information provided on-line.
B. There will be no Space Management Fee if the User cancels the booking or reduces the container volume after it is made.
C. If User doesn’t want to ship the cargo after the booking is made, User should cancel the booking 2 working days prior to vessel arrival date at loading port. Otherwise, Carrier reserves rights to suspend User’s ID.
Equipment
1. Except otherwise specified, all container usage free time provisions for Port of Loading, Transshipment Port and Port of Discharge published in the governing tariff on the Carrier's website (https://www.evergreen-line.com/) will be applicable. Applicable detention, demurrage, free time and per diem rates shall be applied depending on the import and export locations if the User exceeds the tariff free time quoted. With regards to the Tariff Free Time details, please consult with our local offices on the website.
2. The User shall not exceed the container payload of container's specification stipulated on the Carrier's website (https://www.evergreen-line.com/static/jsp/container.jsp) and should comply with the weight restriction of each country. If the User fails to comply with the aforementioned, the User shall be fully liable for all consequences resulting from such failure, including but not limited to container damage, penalties, fines, personal injuries, wrongful death, property damage, claims of any nature, extra expenses and legal responsibilities.
3. Some equipment grades shall be subject to additional charges, details of which can be found on local country websites or local offices. Additional charges may be applied if the location for equipment pick-up and drop-off requested by the User is different from the origin/destination locations stated on the booking confirmation.
4. The Carrier does not provide an equipment supply priority for the following requirements and certain applicable charges may be collected based on the Carrier's tariff:
A. Special grade containers, including but not limited to: Food Grade or Flexi Tank/Bag.
B. Equipment pick-up or drop-off other than the default depot stated on the Booking Confirmation.
C. Equipment pick-up date earlier than the equipment ‘Release Date’.
D. In case of equipment shortage.
Operation
In the event of any service interruption caused by the Carrier due to force majeure, unavoidable operational issues or equipment shortage, the User shall cancel the original booking and re-book a different vessel, which the Rate and Space may not be available or the same from the original offer.
For the booking under Pay within 24 Hours payment method, the Carrier shall provide a full refund of freight charge paid including the Booking Fee USD10 after deducting the service charges if any.
Documentation
In order to prevent concealing, omitting or mis-declaring the particular in description of goods, the following penalties will be applied:
Economic Sanction Policy
1. GreenX and Carrier are committed to comply with the sanction laws and regulations of US, EU, UN as well as applicable sanction laws in the relevant jurisdictions (hereinafter called Economic Sanction). All visitors and Users shall agree and comply with the Economic Sanction accordingly.
2. The creation of the account with Green X is subject to a prior compliance check to ensure that each User including its affiliates and subsidiaries, visitor and/or other involved party appearing in the transaction is not:
A. On any sanctions blacklist, however described, maintained by any governmental or international authority (e.g., the U.S. Office of Foreign Assets Control or the United Nations); or
B. Owned directly or indirectly, by anyone on any such sanctions blacklist.
3. GreenX and Carrier reserve a right to decline and cancel any User register, membership, booking and/or service at any time without compensation, in case GreenX or Carrier finds any User, concerned party or cargo is on the Economic Sanction list.
4. The detailed guidelines and compliance measures about Economic Sanction laws and regulations will be issued/updated from time to time. GreenX will check constantly against applicable aforesaid Economic Sanction programs. If any visitor or User has any doubt or concern in detailed guideline on economic sanction, please visit the banned entities lists of US (OFAC), EU, UK and United Nation website.