Internet Sea Waybill Transmission Agreement
Between
- "User" -
And
China shipping container lines Co.,Ltd and China shipping container lines(Hong Kong) Co., Ltd
(Collectively as CSCL)
The provisions of this Agreement shall be applicable for the printing of a Sea Waybill ("SWB") via the Internet at the User's premises.
1.  General Requirements
  1.1 In order to print SWBs via the Internet ("Remote Printing"), the User has to first obtain the permission of CSCL. Upon execution of this Agreement and application, CSCL shall assign the User a login ID and password. The login ID and password shall be held strictly confidential.

1.2 CSCL bears no obligation to permit the User to participate in Remote Printing.

1.3 The User understands that the transmission of SWBs via the Internet and the general use of the Internet medium involves risks and agrees to bear such risks, particularly those caused by interference of unauthorized parties.
2.  Issuance of CSCL Sea Waybills
  2.1 The User agrees to the transmission of SWBs by way of electronic data traffic via the Internet. CSCL shall transmit the relevant data of each SWB to the User for the cargo shipped on board after vessel sailing together with the electronically-prepared SWB form in Adobe Acrobat Portable Document Format (PDF) without any signature. The User shall bear the obligation of printing out onto paper the respective data without undue delay and without making any changes to the data.

2.2 The User shall keep the transmitted SWB on file as paper. The User shall not store a copy of the transmitted SWB in his workstation. If it is under technical reasons necessary to store a copy as file the User shall not make any changes to the transmitted data. Once the User has printed the transmitted data the User shall immediately delete the stored copy.

2.3 Each transmitted SWB may only be requested and used once by the User.

2.4 The electronic SWB is only available in Adobe Acrobat Portable Document Format (PDF) to the User for transmission. If it is not requested within four weeks of being made available, a transmission will no longer be possible due to technical reasons; a claim for the issuance of an SWB shall expire.

2.5 A User request for the issuance of an SWB in a manner other than via the Internet must first have the agreement of CSCL.
3.  User's Obligations
  3.1 The User shall ensure that its Internet terminal equipment and server work properly. The User may not raise claims against CSCL based on a malfunctioning or non-functioning of the User's Internet terminal equipment or server.

3.2 The User shall ensure that the login ID and the password are held strictly confidential at all times and that only authorized persons may use them. The User shall notify CSCL immediately upon knowledge or suspicion of the use or disclosure of the login ID and/or of the password to unauthorized parties. The User shall further notify CSCL in the event of suspicion of use by unauthorized parties of the communication facilities for data traffic with CSCL.

3.3 The User shall provide or procure at its own expense terminal communication equipment, printers, software, telecommunications and other hardware necessary for electronic data exchange with CSCL on the above mentioned basis.

3.4 The user shall timely contact the CSCL to make sure the SWBs information transmitted via Internet is correct. Without the writing confirmation of CSCL, the SWBs and other electronic documents will be only deemed as the reference document.

3.5 The user hereby represents and warrants that it would indemnify CSCL for the losses occurred on CSCL¡¯s equipment due to user¡¯s improper or unsafe operation.
4.  CSCL¡¯s Obligations
  4.1 CSCL shall notify the User immediately if it reasonably and strongly suspects that unauthorized parties are using the User's terminal communications equipment or communicating with CSCL under the User's login ID or password. In such a case, CSCL shall be further entitled to stop transmission of data to the User immediately. The bar shall be removed as soon as the grounds for suspicion have been dispelled.

4.2 If the User¡¯s terminal communication equipment is disrupted CSCL shall transmit the SWB by different means, i.e. by fax once requested by user in due course.

4.3 CSCL shall ensure that no unauthorized parties can manipulate the CSCL`s SWBs through CSCL's terminal communication facilities.

4.4 CSCL will take their utmost to maintain normal operation of terminal communication facilities. Nevertheless, The User agrees that they will bear all of risks and losses incurred including but not limited to disruption or failure of terminal communication facility
5.  Time Limitations
  5.1 Planned standstill periods affecting the electronic exchange of messages shall be notified to the other contracting party in good time.

5.2 Unplanned standstill periods (e.g. owing to interference) shall also be notified, if possible, to the other contracting party immediately.
6.  Acknowledgement of Receipt
  CSCL is entitled but not obligated to demand a separate confirmation of receipt of the SWB from the User. In such a case, the confirmation shall be sent immediately. CSCL may determine the means of transmission of the User's confirmation of receipt (fax, telex, Internet).
7.  Legal Validity of Electronically Exchanged Data, Probative Value
  7.1 Neither party may assert that the sent data and received documents are legally invalid simply because they were produced and transmitted or called up electronically. This Agreement, however, shall apply only to the transmission of SWB data, including the SWB form.

7.2 The parties agree that the electronic documents which are confirmed in writing by CSCL under this Agreement shall have the same conclusive value as written documents. Therefore, the parties undertake not to dispute the probative value of the electronic documents under this Agreement before arbitration courts, courts of ordinary jurisdiction or out of court.
8.  Transmission Risk, Liability
  8.1 The User shall bear the burden of proof for any inaccuracy of the data received by CSCL.

8.2 The User shall bear the risk of any inference by third parties with the data exchange affecting the accuracy of the received data. Both parties shall record all messages electronically in such a manner that they are complete, chronological, identifiable, protected from manipulation and safe from being deleted or overwritten. At the request of the other party, the contents of the recording must be made readable and available within a reasonable period of time.
9.  CSCL Terms and Conditions of Business
  9.1 Shipments shall be governed by CSCL¡¯s respective special terms and conditions of business, in particular the " Terms and Conditions of CSCL¡¯s bill of lading" attached which form part of this contract ().see Annex 1
10. Term, Termination
  10.1 This Agreement shall take effect on the date of its signing.

10.2 The parties herewith acknowledge and agree that the Agreement shall run for an indefinite period of time. Each party shall have the right to terminate the Agreement upon thirty (30) days period of notice to the other party. The notice must be given in writing. The validity of the individual contract shall not be affected by the termination of this Agreement.
11. Choice of Law, Place of Jurisdiction
  11.1 This Agreement shall be governed by the laws of Germany.

11.2 If the User is a merchant, the courts of Hamburg shall have exclusive jurisdiction over claims arising from and in connection with this Agreement. In case CSCL intends to sue the User CSCL shall have also the option to file a suit at the Users place of business.
12. Miscellaneous
  12.1 Notices of termination, subsidiary agreements, supplements and amendments of this Agreement shall be made in writing.

12.2 Should any provision of this Agreement be or become invalid in whole or in part, the legal validity of the other provisions of this Agreement shall not be affected. The invalid provision shall be replaced by a provision, the economic result of which corresponds or comes as close as possible to the purpose pursued by the invalid provision.

 
Place/ Date________________________
_________________________________
China shipping container lines Co., Ltd
China shipping container lines(Hong Kong) Co., Ltd
_________________________________
(Or "For ¡­¡­¡­.
As agent")
________________________________
(Full Name of Customer)
Attachment