Terms & Conditions

ver. 12.08.2019.

According to consignment (hereafter, Bill of Landing), the following terms and definitions will hold for all the works and services of LCL cargo carriage/delivery, where FS Mackenzie LLC (hereafter, FSM) is contractor, agent, consolidator, consignee or shipper:

1. Rates for carriage and other services

1.1 Our LCL rates are determined by the current rates/charges of sea freight, local charges in the Departure and Destination Points, as well as other factors. These tariffs are subject to change upon early notification.

1.2 All the rates are applied on the weight measure (w/m) of the largest indicator for cubic meter (m3) over ton, at least for one w/m.

The exact weight measure is the weight of the cargo measured by the Agent in Port of Loading, upon its arrival to the Port of Loading CFS. Exact weight and volume are specified in the Bill of Landing.

1.3 Rates specified in the current standard tariffs apply only to carriage services processed directly with FSM (EXW, FCA, FOB shipments e.t.c). Tariffs are valid until the end of the current calendar month. In special cases, the validity of tariffs can be extended on the individual basis.

For cash in advance (C.I.A.) carriage services (CIF/CFS/DDU/DAP, etc.) processed by Shipper or Agents in the Port of Loading, or Destination Point together with any other third parties, tariffs are different as agreed with Principal.

1.4 Rates with FOB terms in the Port of Loading include sea freight, unstuffing of the cargo from the consolidated container, registration of the cargo in the port, and its’ reloading to the truck for further transportation, if the rate is quoted up until the Destination Point.

1.5 Rates for processing the consolidated cargo, arriving to port Poti with CIF/CFS/etc. terms, are calculated for each cargo individually and agreed with Shipprt and Agent in the Departure Point.

In case GEL payments for cargoes CFS Poti/Tbilisi/Yerevan/Baku, +5% exchange rate premiums will be added to these tariffs on local services.

1.6 The rate for cargo delivery from our warehouse in Tbilisi to the Destination Points as Yerevan or Baku is negotiated in advance. We offer regular groupage truck service for this destinations.

For customs clearance and unloading in the Destination Point, we provide 24 hours free, and charge 50USD per each extra day.

1.7 Cargo Insurance is not included in the rate of carriage and container unstuffing, and is quoted as extra service upon request.

1.8 Additional services rates in the Departure and/or Destination Points (i.e., weighting, marking, and repacking) are not included in the standard tariff and are negotiated for each cargo individually.

1.9 All the extra charges applied by state regulatory authorities will be drawn to and must be covered by Principal or Receiver/Consignee.

1.10 According to the current tariff, after unstuffing of the container, the prices of cargo storage for bookings processed by FSM are as follows:

1-3 days – free (from the 1st day of unloading the container at Lilo1)

4-10 days – 5 USD per w/m, daily

more than 10 days – till cargo pick up: 7 USD per w/m, daily

For cargos processed not by FSM, but directly by the Shipper through our Agent in the Departure Point (with CIF/CFS/DDU/DAP terms), we have other tariffs on storage, specified in the Notice of Arrival.

1.11 Standard Terms of Payment for the sea carriage as well as road delivery fixed as 100% prepayment with C.I.A. With no C.I.A. (before the cargo delivery from out of the container), FSM keeps the right to block the cargo delivery to the Principal and/or Consignee. All the extra charges for days of the storage also must be fully prepaid until the planned date of cargo delivery.

2. Transit time.

2.1 The transit time of the cargo delivery to the Departure Point (in case of EXW and FCA terms), first leg service delivery via HUB, and sea freight to the warehouse in Tbilisi, is determined based on the frequency of Agent services in the Departure Point, as well as shipping lines. The preliminary transit time is specified before starting the delivery and are estimated.

2.2 To be shipped in current/nearest consolidated container, the cargo should be ready and delivered to the Port of Loading warehouse (CFS) of our agent not later than a day before the cut-off date.

2.3 Upon early notification of the Principal, the date of cargo departure (ETD) can be changed under the following circumstances::

  • Insufficient volume to departure a direct consolidated container (for biweekly services). In this case cargo can departure by indirect service, or by the next direct consol box;
  • Exceeding volume of total cargo for consolidated container. In this case, Principal is suggested to shift the cargo shipment to next consol box. However, in certain cases, FSM keeps the right to shift the cargo shipment without Principal’s confirmation;
  • Lock of the access to the shipping line and automatic shift of consolidated container shipment to the next week.

2.4 Transit time (port-port) can be changed with no prior notification to the Principal in the following cases:

  • Undeclared unloading of the consolidated container in the transit point within the route;
  • Any kind of vessel accident (including but not limiting to general accident), other emergency circumstances, as well as additional operations of the shipping line;
  • Bad weather conditions and other circumstances that prevent setting vessel on the road towards the Departure or Destination Points, as well as delays in the operation of Port Services.

2.5 Transit time of the cargo delivery with CIF/CFS and other terms, when ocean freight is prepaid with C.I.A. by the Sender, is not regulated by FSM and should be negotiated directly with the cargo Shipper, the party who books the shipment. FSM does not provide information on dates of arrival of such cargos to the port Poti or Tbilisi warehouse.

2.6 The time of cargo unstuffing in Tbilisi is one working day from the moment of container arrives to the warehouse. This timeline is subject to change upon operation of any state commissions at the warehouse, as well as for other reasons of changes in usual operation schedule of the warehouse.

2.7 Individual trucks departure within Georgia on a daily basis, groupage trucks to Yerevan and Baku – on a weekly basis synchronized with the unstuffing procedure and processing of the consolidated cargo on warehouse in Tbilisi. For individual trucks delivery is made within 24 hours, for groupage trucks – according to the separate agreement with FSM prior to departure.

2.8 FSM is not responsible for not-in-time container unstuffing that caused demurrage of the truck, if such truck has been ordered from third parties.

2.9 Schedule of the consol boxes departures from Ilyichevsk port to Poti (in case of routing via Ilyichevsk port) is defined according to plan and agreement with FSM, in synchronization with the schedule of movement of Maersk and MSC carriers vessels.

2.10 Delivery along the Poti – Tbilisi leg is made during one working day. For other destinations, delivery timeline is to be negotiated additionally.

3. Package/packing and cargo unstuffing.

3.1 To ensure safety, cargo should be packed properly, as well as marked with the credentials of the shipper/consignee and title of the cargo. Neither FSM, nor the warehouse receiving the cargo are not responsible for misspecification or late delivery if marking of cargo does not comply with above-mentioned criteria.

3.2 Unpacked, as well as not stacked cargo can be provided with fastening. All the additional expenses will be invoiced upon service provision. The sea freight will be tariffed by the formula: length of cargo * width of container * height of container.

3.3 Cargo can be rejected for delivery if its title was misspecified or incomplete (i.e. spares, diverse cargo) when booking. If there are significant differences in the title or description of the cargo and its characteristics in the booking note and in fact, FSM holds the right to terminate services for this cargo, as well as invoice the Principal, Consignee or Agent with all the expenses caused by these violations and their consequences.

3.4 Cargos whose weight for single space is more than 2.5 tons and length (widget) is more than 4m are considered out of profile (FIATA). The processing of such cargos in Tbilisi warehouse requires the following premium:

  • Based on the weight, single space: from 2500 to 5000kg – 50USD; more than 5000kg – 100USD;
  • Based on length: from 4 to 6 m – 75USD for cargo space; more than 6 m – should be negotiated.
  • Cargos more than 2.4m in height are not accepted for carriage.

3.5 Arrangement of truck delivery from the warehouse Point in Tbilisi to the Destination Point requires accurate dimensions and quantity of packages of cargo. Absence of this information upon the truck order can lead to incompliance of cargo profile to the dimensions of truck, hence, shift of loading to another day, as well as penalty for refusal of the truck that does not fit the cargo.

4. Types of cargo and limitations.

4.1 Feasibility to accept and process with IMO cargos is subject to individual negotiation upon request. FSM gives final confirmation after approval of feasibility by shipping line.

Cargos classified as IMO 1 or 7 are not accepted for shipping under any circumstances.

All IMO cargos must be packed and marked according to international criteria. DGD (Dangerous Goods Declaration – signed by the Sender or Authorized Party) and MSDS (Material Safety Data Sheet) information about cargo safety (including emergency phone number) must be submitted upon carriage confirmation. The Principal is responsible to resolve all the consequences of misspecified or incomplete information in the documents.

4.2 Liquid or “alive” cargos are not accepted for LCL service consolidated carriage under any circumstances.

5. Responsibilities of the parties and procedure for resolution of claims/complaints.

5.1 Upon final approval of the carriage service, the Shipper/Consignees (as well as their Agents) confirm their awareness of rules and limitations of international transfers in the Departure Point, Destination Point, as well as other transit ports (if any).

5.2 During carriage services, FSM is not responsible for consequences caused by incorrect declaration of characteristics of the cargo by the Principal in the booking note, as well as for failures in the shipment schedule of the shipping lines, and for loss or damage caused by operations of state authorities.

5.3 For each indirect destinations (delivery through HUB), FSM has the right to change the route and transit port without prior notification to the Principal.

5.4 Principal and Consignee are responsible for timely payment of agreed sea freight and local charges (including charges for storage and other charges in the port Poti and in Tbilisi), as well as for compliance of carriage of cargo from the warehouse using Georgian Customs Legislation.

5.5 If the Principal and/or Consignee reject the cargo, its drawback, utilization, and liquidation is made by means and at the expense of the Principal and/or Consignee. They also cover the cost of cargo storage on the warehouse in Tbilisi, according to current tariffs.

5.6 Any discords, that cannot be mutually beneficially resolved, will be revised in the legal division of FSM in Tbilisi, or in arbitral tribunal of Tbilisi.

5.7 These Terms and Conditions are available on our website and can be forwarded by e-mail upon request. The latest version of this document dominates previous versions.


© 2019 FS Mackenzie International Ltd Group.