Convenant of the electronic pincode

CONVENANT BETWEEN COSCO BELGIUM NV, AS AGENTS FOR COSCO CONTAINER LINES Ltd. SHANGHAI, AND (name customer) FOR THE ELECTRONIC RELEASE / PINCODE OF CONTAINERS IN THE PORT OF ANTWERP & ZEEBRUGGE

Art. 1: Definitions
For the purpose of this covenant, the following definitions apply:

  • Free storage period: period during which containers may remain on the quay for storage without cost.
  • Free demurrage period : period of time allowed free of charge on the container terminal as from the day of discharge of the container from the vessel
  • Free detention period : period of time allowed free of charge as from the pick-up of the container from the container terminal
  • Free DND period : period of time allowed free of charge to the customer for demurrage and detention combined as from the day of discharge day
  • Storage/quay rent: is charged by Cosco Belgium for the storage of containers on the container terminal. A storage charge will be applied after the permitted free storage period is exceeded.
  • Demurrage : is charged by Cosco Container Lines Ltd, Shanghai to its customers for the use of containers that remain on the container terminal beyond the permitted free period, or in other words the charge for containers being delivered on the terminal too early or collected too late.
  • Detention: is charged by Cosco Container Lines Ltd, Shanghai to its customers for the detaining containers in their custody beyond the permitted free period, or in other words the charge for bringing containers back too late.
  • DND (Demurrage & Detention) : is charged by Cosco Container Lines Ltd.,Shanghai to its customers for containers which have been returned to the by Cosco Belgium appointed port or inland container terminal after the free DND period .
  • Container Terminal : the by Cosco designated area to store, drop off or pick up containers which can be in the port as well as in the inland.

 

Art. 2: Obligatory use of the electronic release / pincode procedure
For the purpose of delivering full import containers carried by the shipping company Cosco Container Lines Ltd., the parties hereby agree to use only an electronic release /pincode procedure in which:
1) the container is released by Cosco Belgium NV, to the consignee or the latter's representative, by communicating an electronic release code generated individually for each container, which is also communicated to the terminal operator;
2) delivery of the container by the terminal operator to the consignee or the latter's representative can only be made once the latter has entered the container number together with the corresponding release code mentioned under (1) above in the terminal operator's ICT system. The release procedure mentioned in the first paragraph is governed by this covenant and its appendices, including the “Conditions for the electronic release of containers in the port of Antwerp” in appendix 1.

Art. 3: Exclusion of other procedures and codes

The release procedure mentioned in art. 2 replaces all other release procedures previously used by the parties. No right of delivery may be conferred by any codes or references other than the release code mentioned in art. 2, such as the booking number.

Art. 4: Communication of the release code to the consignee or the latter’s representative
The release code mentioned in art. 2 shall be communicated by Cosco Belgium NV to the consignee or the latter’s representative by means of an e-mail message.

Art. 5: Competent court and applicable law
In case of dispute concerning the interpretation or implementation of this covenant, the parties shall do everything that is reasonably possible to arrive at an amicable settlement.If an amicable settlement proves impossible, then only the courts of the district of Antwerp shall be competent.

This covenant and its implementation shall be governed by and interpreted according to Belgian law.
COSCO BELGIUM NV acting as agents for the carrier COSCO CONTAINER LINES Ltd.,
Stijfselrui 44 bus 19
B-2000 Antwerpen
Belgium

APPENDIX 1
CONDITIONS FOR THE ELECTRONIC RELEASE OF CONTAINERS IN THE PORT OF ANTWERP

Art. 1: Applicable conditions and reservations in connection with arrival, unloading and gross average
Delivery shall be made in accordance with the applicable conditions, including those specified in the release notice and where applicable the conditions of the bill of lading or other transport conditions, together with the port customs and the applicable legislation, under the reserve of good arrival of the ship, actual unloading and contribution of the cargo towards the gross average.
These conditions apply without prejudice to the applicable legal and contractual provisions governing liability for loss or damage to cargo.

Art. 2: Costs
Unless agreed otherwise, delivery shall be made after payment of all costs owed, including demurrage, storage, reefer connection costs, ISPS and other costs owed, according to the shipping company's rates and/or the port customs. The rates may be obtained on simple request from Cosco Belgium NV and found on website www.coscon.be at ‘charges, inbound dnd & storage’.

Art. 3: Exceeding the free period and demurrage
If the container is not collected within free period as specified either in the release notice or in other applicable rules or regulations, then the release of the container may be withdrawn without notice and demurrage shall be owed in accordance with the rates mentioned in art. 2.

Art. 4: Withdrawal of the release during the free period
The release may be withdrawn during the free period if additional costs are incurred, or in other special cases. This withdrawal of release shall be notified to the consignee or the latter's representative. A new release and/or de facto delivery may be made conditional on prior payment of the costs still outstanding.

Art. 5: Return of the container
The container must be brought back within the applicable period, at the appointed place and in good condition. An Equipment Interchange Report shall be drawn up each time the container is returned. The obligation to return the container is an obligation of results.
Under “good condition” is meant the same external condition as the container was in when it was delivered to the consignee or the latter's representative. All components and accessories of the container must also be in good condition.
Traces of previous contents, stowage or packaging material, IMO labels and nails must all be removed so that the container is suitable once more for loading and transport. Specific arrangements for cleaning must be agreed individually.
If when it is returned the container is found not to be in good condition, it shall be placed in a separate stack with a view to inspection. A damage estimate shall be made with a view to repair. This damage estimate shall be accepted irrevocably unless a counter-estimate is demanded within two working days. In such cases the consignee or the latter’s representative shall owe the costs of among other things cleaning, repair, additional handling, transport and storage.
If the container is returned to a different place, the resulting transport, handling and storage costs shall be owed.

Art. 6: Customs obligations
The consignee is required to give a specific customs destination for the goods, at the latest on collection of the container.

Art. 7: Other information
Cosco Belgium NV undertakes that it shall to the best of its ability to inform the notifying party mentioned on the B/L about the arrival of the seagoing ship, the conditions and practical arrangements for the release, the free period, the rates, bringing back the container, the customs obligations and other relevant aspects.

Art. 8: Non-liability
Notwithstanding other applicable provisions concerning liability, in particular those mentioned in art. 1, Cosco Container Lines Ltd., Cosco Belgium NV and the terminal operator shall be exempt from all liability for loss or damage caused by:

1) malfunctioning or non-functioning of IT systems, connections, networks or programs due to circumstances beyond their control;

2) the use and management of the release codes communicated, on the part of the consignee, or the latter’s representative, or authorised or unauthorised third parties.

3) work interruptions, strikes, government action and other cases of force majeure.

 

COSCO BELGIUM NV acting as agents for the carrier COSCO CONTAINER LINES Ltd.,
Stijfselrui 44 bus 19
B-2000 Antwerpen
Belgium