Value Protect General Terms and Conditions (“Value Protect Terms”)

 

These Value Protect Terms apply to the carriage of goods subject to Value Protect:-

1. Definitions

The definitions set out in Maersk’s Terms for Carriage (“Terms for Carriage”), available at https://terms.maersk.com/carriage, shall be adopted and have the same meaning where used in these Value Protect Terms unless otherwise defined herein. 

”Contract of Carriage” means any contract of carriage evidenced by a Transport Document for carriage of goods entered into between Maersk as Carrier and the Merchant.

“Covered Event” means any cause of a loss or waiver of limitation for which the Carrier accepts an extended liability beyond that available in the Maersk Terms for Carriage under the Value Protect Terms, as set out in section 3.

“Covered Period” means the period during which the Value Protect Goods are under the Carrier’s responsibility as defined in the Contract of Carriage.

“Customer” means the party purchasing Value Protect, any person or entity which falls within the ‘Merchant’ definition as set forth in Maersk’s Terms for Carriage, or any party subrogating the aforementioned parties’ rights in full.

“Transport Document” means a Maersk bill of lading or sea waybill.

“Value Protect” means a value-added service which may be purchased by Customer in conjunction with entering into a contract of carriage evidenced by a Transport Document. 

“Value Protect Goods” means Goods for which Value Protect has been purchased by the Customer.

 

2. Application

2.1 Value Protect is an optional extended liability cover. In consideration for purchasing Value Protect the Carrier agrees that the limits of liability for loss or damage to the Goods may be waived or increased up to pre-determined value limits set out in these Value Protect Terms, which may be beyond what the Carrier would otherwise have been liable for under the Terms for Carriage.

2.2 Value Protect must be applied for by the Customer prior to acceptance by the Carrier of the Custody of the Goods at the Port of Loading. Any application for Value Protect submitted thereafter shall be deemed null and void.

2.3 Value Protect is not an insurance of the Goods nor is Value Protect creating any such insurable interest in the Goods. 

2.4 Upon cargo acceptance and issuance of the Transport Document evidencing the Contract of Carriage and once the Merchant or Customer has applied for Value Protect and received an invoice for the Value Protect tier selected, Value Protect will apply to the shipment of Goods. 

2.5 Value Protect shall remain in effect and shall be applicable to the Value Protect Goods only whilst being under the Carrier’s responsibility as defined in the Contract of Carriage.

2.6 Value Protect and these Value Protect Terms shall co-exist with, and logically amend, vary and supplement the relevant parts of the terms of Contract of Carriage, which shall in all other respects remain in full force and effect. Maersk may unilaterally amend the Value Protect Terms contained herein from time to time.

 

3. Value Protect Cover

3.1 Value Protect extends the Carrier’s contractual liability provided for in the Terms for Carriage. Clause 7.2 of the Terms for Carriage shall be derogated from and the Carrier will offer, subject to Value Protect Terms and to the extent available under Value Protect tier purchased by the Customer, compensation for claims arising from a Covered Event up to the commercial value of the Goods covered by Value Protect, as evidenced by the commercial invoice for the Goods. 

3.2 The Carrier’s extended liability shall include: 

3.2.1 Loss and damage to Value Protect Goods, arising from a cause which would otherwise have entitled the Carrier to exclude liability under the Hague Rules under Article IV Rules 2(a),(b),(c),(d),(h),(l) and (o). 

3.2.2  General average contributions on part of the Value Protect Goods.

3.2.3  Salvage contributions on part of the Value Protect Goods.    

3.3 Compensation under Value Protect shall, in any event, be limited to and not be in excess of the purchased and applicable Value Protect tier as described below:

(i) Value Protect Starter up to and including USD15,000 -            

(ii) Value Protect Base up to and including USD30,000 -              

(iii) Value Protect Plus up to and including USD60,000 -            

(iv) Value Protect Extended up to and including USD120,000 - 

(v) Value Protect Cool Standard up to and including USD 12,000-

(vi) Value Protect Cool Advanced up to and including USD 36,000-

 

4. Exclusions

4.1 Value Protect applies to shipments which are accepted for carriage by the Carrier and within the cargo acceptance policy of the Carrier. Notwithstanding this, the commodities listed in Table 1 hereunder are excluded regardless of the cargo description in the Transport Document.

4.2 Value Protect does not apply for any shipments to or from the following countries: Cuba, North Korea, Crimea, Syria, Iran and Sudan.

4.3 Further, Value Protect does not cover any loss, damage or expense caused or occasioned by (a) acts of war;   or (b) acts of public enemies;  or (c)arrest or restraint of princes, rulers or people, seizure under legal process;  or (d) act or omission of the shipper or owner of the goods, his agent or representative; or (e) strikes or lockouts or stoppage or restraint of labour from whatever cause, whether partial or general; or (f) riots and civil commotions; or (g) wastage in bulk of weight or any other loss or damage arising from inherent defect, quality or vice of the Goods; or (h) insufficiency of packing; or (i) latent defects not discoverable by due diligence; or   (j) cyber-attack; or (k) any other cause arising without the actual fault or privity of the Carrier, or without the fault or neglect of the agents or servants of the Carrier, but the burden of proof shall be on the person claiming the benefit of this exception to show that neither the actual fault or privity of the Carrier nor the fault or neglect of the agents or servants of the Carrier contributed to the loss or damage.

 

5. Claims

5.1 In the event of loss of or damage to the Value Protect Goods during a Covered Period, the Customer or Merchant shall give due notice of their claim to the Carrier by notifying the local Maersk customer service representative. Clause 9 of the Terms for Carriage regarding notice of loss and time bar shall apply. 

5.2 The Merchant or Customer shall support their claim with the following documents as a minimum requirement: Copy of Transport Document, copy of commercial invoice, coloured photos and letter of protest setting out the facts and particulars of the loss or damage to the Goods and any other document which may be required to assess liability and quantum of loss as requested by Maersk.

5.3 If the Customer has purchased Value Protect Plus, Value Protect Extended or Value Protect Cool Advanced tiers, the Customer has no obligation to instruct a third-party surveyor to assess the extent of damage to Value Protect Goods provided that the Customer notifies the Carrier’s local representative within 3 days of delivery of the Value Protect Cargo. The Carrier shall have the option of appointing a surveyor and the Customer shall be entitled to a copy of the survey. 

5.4 Where any claim exceeds the amount of the Value Protect tier purchased for the Value Protect Goods claimed for, the Customer’s eligibility for compensation above the tier will be assessed solely according to the Carrier’s Terms for Carriage. For the avoidance of doubt, the Carrier shall not be liable to compensate the Customer for any amount above the Value Protect tier if the Carrier’s liability for the entire claim under the Terms for Carriage is less than the tier purchased.

 

6. Settlement

Payment of a claim under these Value Protect Terms is contingent on all charges which are owed to the Carrier, including, but not limited to, freight and any surcharges for the concerned shipment or any other shipment, being settled in full. If a credit agreement exists between the Carrier and Customer, there shall be no overdue debt on that agreement.  There shall be no right of set off. 

 

7. Tax

All prices and rates are exclusive of VAT and any other indirect taxes which shall be leviable on and payable by the Customer in accordance with the applicable law.

 

8. Miscellaneous

8.1 The Customer or any person or entity falling under the Merchant definition and who has the right to claim under the Contract of Carriage, shall have the benefit of the Value Protect Terms and Value Protect to the exclusion of all other third parties. No other third party shall have any right to claim or benefit from the Value Protect Terms and Value Protect. 

8.2 It is the duty of the Customer and Merchant to avert, minimise and take all reasonable measures to mitigate any loss and all losses to the Goods subject to Value Protect.  

 

9. Variation of the Value Protect Terms and Validity

9.1 No servant or agent of the Carrier shall have the power to waive or vary any of these Value Protect Terms unless such waiver or variation is in writing and is specifically authorised or ratified in writing by the Carrier.

9.2 In the event that anything herein contained is inconsistent with any applicable international convention or national law, which cannot be departed from by private contract, the provisions hereof shall to the extent of such inconsistency but no further be null and void.

 

10. Law & Jurisdiction

Clause 26 of the Terms for Carriage regarding Law and Jurisdiction shall apply to the Value Protect Terms.

 

Table 1

Kiwi, frozen, fruit

Kiwi, non-frozen, fruit

Guavas, mangoes, mangoes, guavas, mangosteen, frozen, fruit

Guavas, mangoes, mangoes, guavas, mangosteen, non-frozen, fruit

Avocado, frozen, fruit

Avocado, non-frozen, fruit

Carambolas, starfruits, durians, cha-nee, feijoas, jackfruit, kumquats, whortleberries, persimmon, kaki, passion fruit, parsley, longan, loquats, hee, lychee, mon-thong, cha-nee, prickly pear, frozen, fruit"

Carambolas, starfruits, durians, cha-nee, feijoas, jackfruit, kumquats, whortleberries, persimmon, kaki, passion fruit, parsley, longan, loquats, hee, lychee, mon-thong, cha-nee, prickly pear, non-frozen, fruit

Berries nos, frozen

Berries nos, non-frozen

Blueberries, raspberries, frozen, berries

Blueberries, raspberries, non-frozen, berries

Cherries, frozen, berries

Cherries, non-frozen, berries

Cranberries, frozen, berries

Cranberries, non-frozen, berries

Gooseberries, pineapple cherries, frozen, berries

Gooseberries, pineapple cherries, non-frozen, berries

Strawberries, frozen, berries

Strawberries, non-frozen, berries

Peaches, nectarines, frozen, fruit

Peaches, nectarines, non-frozen, fruit

Plums, sloes, frozen, fruit

Plums, sloes, non-frozen, fruit

Apricot, frozen, fruit

Apricot, non-frozen, fruit

Grapes, frozen, fruit

Grapes, non-frozen, fruit

Melons cantaloupe, honey, net, frozen, fruit

Melons cantaloupe, honey, net, non-frozen, fruit

Banana, plantains, frozen, fruit

Banana, plantains, non-frozen, fruit

Fish bones, unprocessed

Fish meal

Fish fillet, dried, salted

Fish fillets, frozen

Fish fillets, non-frozen

Fish roe, frozen

Fish roe, non-frozen

Fish, dried

Fish, nos, frozen

Fish, nos, non-frozen

Fish others, ULT(-60C/-76F)

Fish fats, fish oils

Albacore, frozen, fish

Albacore, longfinned , frozen, fish

Albacore, longfinned , non-frozen, fish

Albacore, non-frozen, fish

Black cod, frozen, fish

Black cod, non-frozen, fish

Bottom fish, nos, frozen, fish

Bottom fish, nos, non-frozen, fish

Cod fish, frozen, fish

Cod fish, non-frozen, fish

Cod milt, pollock milt, frozen, fish

Cod milt, pollock milt, non-frozen, fish

Cod roe, frozen, fish

Cod roe, non-frozen, fish

Cod stomachs, pollock stomachs, frozen, fish

Cod stomachs, pollock stomachs, non-frozen, fish

Eel, frozen, fish

Eel, non-frozen, fish

Halibut, frozen, fish

Halibut, non-frozen, fish

Herring roe, frozen, fish

Herring roe, non-frozen, fish

Herring, frozen, fish

Herring, non-frozen, fish

Live fish

Pollock fish, frozen, fish

Pollock fish, non-frozen, fish

Pollock roe, frozen, fish

Pollock roe, non-frozen, fish

Sable fish, frozen, fish

Sable fish, non-frozen, fish

Salmon roe, frozen, fish

Salmon roe, non-frozen, fish

Salmon, pink chum, frozen, fish

Salmon, frozen, fish

Salmon, non-frozen, fish

Sardines, frozen, fish

Sardines, non-frozen, fish

Skipjack, frozen, fish

Skipjack, non-frozen, fish

Smoked fish, frozen

Smoked fish, non-frozen

Surimi, frozen, fish

Surimi, non-frozen, fish

Tuna, yellowfin, frozen, fish

Tuna, yellowfin, non-frozen, fish

Tuna, Tuna, ULT(-60C/-76F), fish

Tuna, Yellow Fin, ULT(-60C/-76F), fish

Tuna, Albacore, ULT(-60C/-76F), fish

Tuna, By-Catch, ULT(-60C/-76F), fish

Tuna, Land Processed, ULT(-60C/-76F), fish

Tuna, NOE, ULT(-60C/-76F), fish

Salmon/Trout, ULT(-60C/-76F), fish

Fish others, ULT(-60C/-76F)

Mackerel

Horse Mackerel

Shellfish

Bairdi crab, frozen, shellfish

Bairdi crab, non-frozen, shellfish

Crab pots, frozen, shellfish

Crab pots, non-frozen, shellfish

Crab waste, frozen, shellfish

Crab waste, non-frozen, shellfish

Crab, canned, preserved, frozen, shellfish

Crab, canned, preserved, non-frozen, shellfish

Crab, nos, frozen, shellfish

Crab, nos, non-frozen, shellfish

Cuttle fish, frozen, shellfish

Cuttle fish, non-frozen, shellfish

King crab, frozen, shellfish

King crab, non-frozen, shellfish

Lobster, frozen, shellfish

Lobster, non-frozen, shellfish

Octopus, frozen, shellfish

Octopus, non-frozen, shellfish

Opilio crab, frozen, shellfish

Sea urchins, frozen, shellfish

Sea urchins, non-frozen, shellfish

Shellfish,  IQF, nos, frozen

Shellfish,  IQF, nos, non-frozen

Shrimps, prawns, frozen, shellfish

Shrimps, prawns, non-frozen, shellfish

Snails, frozen, shellfish

Snails, non-frozen, shellfish

Sea Urchin, ULT(-60C/-76F), shellfish

Bi-valve mollusks, live, shellfish

Crustaceans, live, shellfish