Shipping Agreement

This Shipping Agreement (the “Agreement”) is made and entered into as of [Effective Date], by and between [Shipper’s Name], with a principal place of business at [Shipper’s Address] (the “Shipper”), and [Carrier’s Name], with a principal place of business at [Carrier’s Address] (the “Carrier”).

1. Services to be Provided

1.1 Scope of Services

The Carrier shall provide shipping services to the Shipper, which includes the transportation of the goods described in Exhibit A (the “Goods”) from the origin specified in Exhibit A (the “Origin”) to the destination specified in Exhibit A (the “Destination”). Services also encompass any related handling, loading, unloading, and warehousing activities as are reasonably necessary for the proper transportation of the Goods, subject to the terms and conditions of this Agreement.

1.2 Delivery Schedule

The Carrier shall use its best efforts to pick up the Goods from the Origin within 3 business days of receiving written notice from the Shipper, and shall deliver the Goods to the Destination within 10 business days after pick – up, unless otherwise agreed in writing by both parties. Any delays in delivery must be communicated to the Shipper as soon as reasonably possible, along with an explanation of the cause and an expected new delivery time. In the UK, standard business practices often expect a prompt pick – up, and a 10 – day delivery window is a common and reasonable time frame for domestic shipping in many cases, considering normal transit times and potential logistical challenges.

2. Responsibilities of the Parties

2.1 Shipper’s Responsibilities

  • Proper Packaging and Documentation: The Shipper is responsible for ensuring that the Goods are properly packaged, labeled, and documented in accordance with all applicable laws, regulations, and industry standards. This includes providing accurate information regarding the nature, quantity, weight, and value of the Goods, as well as any special handling instructions. The Shipper shall also provide all necessary export/import documentation, and obtain any required licenses or permits for the transportation of the Goods.
  • Payment of Charges: The Shipper shall pay all shipping charges, fees, and other costs associated with the transportation of the Goods as set forth in Section 4 of this Agreement. Payment shall be made within 30 days of receipt of the Carrier’s invoice. In the UK, a 30 – day payment term is a common and legally compliant standard in commercial transactions, providing a reasonable period for the Shipper to process the payment while also ensuring the Carrier’s cash flow.

2.2 Carrier’s Responsibilities

  • Safe and Timely Transportation: The Carrier shall transport the Goods in a safe and timely manner, using vehicles, vessels, or other means of transportation that are suitable for the nature of the Goods. The Carrier shall exercise due care in handling, loading, unloading, and storing the Goods, and shall take all reasonable precautions to protect the Goods from loss, damage, or theft.
  • Compliance with Laws: The Carrier shall comply with all applicable laws, regulations, and industry standards related to the transportation of the Goods, including but not limited to safety, environmental, and customs regulations. The Carrier shall also obtain all necessary licenses, permits, and approvals required for the performance of its services under this Agreement.
  • Insurance: The Carrier shall maintain at its own expense all insurance coverages required by law, as well as commercial general liability insurance and cargo liability insurance with minimum limits per occurrence and per shipment as set forth in Exhibit B. The Carrier shall provide the Shipper with a certificate of insurance naming the Shipper as an additional insured prior to commencing the transportation of the Goods.

3. Freight Charges and Payment Terms

3.1 Freight Charges

The Shipper shall pay the Carrier the freight charges as set forth in Exhibit C, which may include charges for transportation, handling, loading, unloading, warehousing, and any other services provided by the Carrier. The freight charges are based on the type, quantity, weight, and volume of the Goods, as well as the origin and destination of the shipment.

3.2 Payment Terms

Payment of the freight charges and any other amounts due under this Agreement shall be made in [Currency] within 30 days of receipt of the Carrier’s invoice. If the Shipper fails to make payment when due, the Carrier may charge a late payment fee at a rate of [X]% per month of the outstanding amount, or the maximum rate allowed by law, whichever is less. In addition, the Carrier reserves the right to suspend or terminate the transportation of the Goods until all outstanding amounts are paid in full.

4. Liability and Indemnification

4.1 Carrier’s Liability

The Carrier shall be liable for any loss, damage, or delay to the Goods that occurs during the course of transportation, subject to the limitations and exclusions set forth in this Agreement. The Carrier’s liability for loss or damage to the Goods shall be limited to [X] per unit or [X] per shipment, whichever is greater, unless the Shipper has declared a higher value for the Goods and paid an additional charge for increased liability coverage.

4.2 Exclusions from Liability

The Carrier shall not be liable for any loss, damage, or delay to the Goods that is caused by (i) an act of God, (ii) an act of war, terrorism, or civil unrest, (iii) a public enemy, (iv) an order or act of any government or public authority, (v) quarantine restrictions, (vi) an act or omission of the Shipper or its agents, (vii) inherent vice or nature of the Goods, (viii) defective packaging or labeling of the Goods by the Shipper, or (ix) any other cause beyond the Carrier’s reasonable control.

4.3 Indemnification

Each party shall indemnify, defend, and hold harmless the other party from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with the performance of this Agreement, except to the extent that such claims, damages, losses, liabilities, costs, and expenses are caused by the gross negligence or willful misconduct of the indemnified party.

5. Term and Termination

5.1 Term

This Agreement shall commence on the Effective Date and shall remain in effect for a period of [X] months, unless earlier terminated in accordance with the terms of this Agreement.

5.2 Termination

Either party may terminate this Agreement upon written notice to the other party if the other party (i) materially breaches any provision of this Agreement and fails to cure such breach within 14 days after receipt of written notice of the breach, (ii) becomes insolvent, bankrupt, or files for any form of bankruptcy protection, or (iii) ceases to conduct its business in the ordinary course. In the UK, a 14 – day cure period is a reasonable time frame under many legal and commercial interpretations, allowing the breaching party an opportunity to rectify the situation without causing undue harm to the non – breaching party. In the event of termination, the parties shall promptly settle all outstanding accounts and obligations.

6. Governing Law and Dispute Resolution

6.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of [Governing Jurisdiction], without regard to its conflict of laws principles.

6.2 Dispute Resolution

Any dispute arising out of or in connection with this Agreement shall be resolved by arbitration in [Arbitration Venue] in accordance with the rules of [Arbitration Institution]. The arbitration shall be conducted in [Language], and the award of the arbitrator(s) shall be final and binding upon the parties. Judgment upon the award may be entered in any court having jurisdiction thereof.

7. Miscellaneous

7.1 Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior agreements and understandings, whether oral or written.

7.2 Amendments and Waivers

No amendment or waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties. No waiver of any breach of this Agreement shall be deemed a waiver of any subsequent breach.

7.3 Severability

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect, and the invalid or unenforceable provision shall be deemed replaced by a valid and enforceable provision that most closely approximates the intent and economic effect of the invalid or unenforceable provision.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.

Shipper:
Name: [Shipper’s Name]
Signature: __________________
Date: __________________

Carrier:
Name: [Carrier’s Name]
Signature: __________________
Date: __________________

Exhibit A – Description of Goods, Origin, and Destination

  1. Description of Goods: [Provide a detailed description of the goods to be shipped, including quantity, weight, dimensions, and any special characteristics.]
  2. Origin: [Full address of the origin location]
  3. Destination: [Full address of the destination location]

Exhibit B – Insurance Requirements

  1. Commercial General Liability Insurance: Minimum limits per occurrence of [X] for bodily injury and property damage.
  2. Cargo Liability Insurance: Minimum limits per shipment of [X].

Exhibit C – Freight Charges

  1. Base Freight Charge: [Amount] per [Unit of measurement, e.g., per pound, per cubic meter]
  2. Additional Charges (e.g., handling fees, fuel surcharge, etc.): [List and describe each additional charge and the amount]
  3. Total Estimated Freight Charge for a Typical Shipment: [Amount]

Please note that this is a general template, and depending on the specific nature of the shipping services, additional clauses may be required. It is advisable to consult a legal professional to ensure compliance with relevant laws and regulations.