Flexport General Rate and Quote Terms
By requesting or accepting services, rates or quotes from Flexport Inc., and/or its subsidiaries and affiliates (collectively, “Flexport”), the Customer agrees to the following Rate and Quote Terms and Conditions (“R&Q Terms and Conditions”) that shall apply to and/or shall be incorporated by reference in all rates, quotes (including acceptance of quotes) and bookings provided to Customer and/or made by Customer and to the extent that the R&Q Terms and Conditions do not conflict with any other terms and conditions or contracts agreed to between the parties.
Flexport may from time to time change these R&Q Terms and Conditions. To the extent allowable by law, any changes are effective immediately upon publication on our website at www.flexport.com/terms-and-conditions/. Except as specifically stated herein, all words and terms defined in other Terms and Conditions published at www.flexport.com/terms-and-conditions/ shall have the same meaning in these R&Q Terms and Conditions. For the purposes of these R&Q Terms and Conditions, Customer shall be synonymous with the defined terms "Merchant", "Company", "Depositor", and "you" as used in other Terms and Conditions.
General:
All rates are based on dry, standard weight general cargo and will be subject to any overweight, HAZMAT, or special equipment surcharges if applicable, unless otherwise specified. Rates for commodities other than general cargo (e.g., batteries and hazmat will be provided upon verification of MSDS). Cargo that is unknown, or determined to be perishable, pharmaceuticals, live animals, oversize or Out of Gauge (OOG), Aircraft On Ground (AOG) or any other category of cargo that is not general cargo and covered by our general rates below will require rate modification unless such rate modification is specifically identified in the rate provided. Flexport reserves the right to review and reassess rates if the cargo characteristics deviate from the information provided to Flexport at the time a rate was provided.
Rate sheets and quote(s) shall be kept confidential. Any breach of this confidentiality may give rise to a cause of action for damages and all other equitable relief available by law or equity.
All applicable charges shall be determined based on the actual weight and dimensions of the cargo as tendered.
Rates exclude VAT (where applicable).
Rates are valid as per the validity period stated in the rate sheet or quote (the “Contractual Validity Period”). Without limiting the foregoing, rate sheets will include an offer date, an effective date, and an expiration date, all of which are material terms that shall govern the validity of the rates stated therein. Methods of acceptance are specified in sections “International Shipments - Ocean, Air and Rail Services” and “U.S. Ocean Trade Lane / NRA”.
If Flexport has not provided a rate sheet and/or quote that remains valid, under section 5 above, to Customer, then Flexport reserves the right to apply spot pricing rates as of the date Flexport receives the cargo for transport.
Rates will be subject to local origin or destination charges. It is expressly reserved that Flexport has the right to collect local origin or destination charges from any party associated with the Bill of Lading irrespective of specified incoterm.
Freight shall be paid in the currency in which it is quoted. Flexport reserves the right to apply a Currency Adjustment Factor (CAF) surcharge.
Rates are subject to capacity, availability and Peak Season Surcharge (PSS), Panama Canal surcharge and/or General Rate Increases (GRI) to the extent allowable under applicable law.
Flexport reserves the right to pass through any carrier-imposed surcharge (e.g. fuel charges, security charges, VGM charges, equipment charges, (air) port related surcharges, terminal waiting time, etc.) that are not in the tariff, as they are incurred and allowed under applicable law. Customer understands that these surcharges may occur without prior notice.
Rates do not include accessorials (including but not limited to warehousing, labeling, palletization, storage, insurance, duties, taxes, order management services, etc.) unless such accessorials are otherwise specified within the rate provided. Cargo insurance is available for separate purchase at time of shipping and is not included in the rate provided.
All quotes for insurance coverage are provided by Flexport’s licensed insurance subsidiary and are based on information provided by customer. Rates are for information purposes only and intended to provide the customer with a brief overview of the coverages provided. It is not intended to provide the customer with all policy exclusions, limitations and conditions. The precise coverage afforded is subject to the terms, conditions, and exclusions of the policies issued. All insurance quotes are for reference purposes only and must be agreed to in writing by Customer.
All transit times are estimates only and are not guaranteed. Estimates are based on underlying carrier schedules when available and assume timely Customs release. Transit times are subject to change without notice.
Flexport reserves the right to charge for freight if Customer cancels a shipment within 48 hours of estimated time of departure.
Any rate term detailed in a Rate Sheet shall supersede what is listed in a Request for Proposal or Request for Quote.
All rate quotes and booking acknowledgments are sent to Customer via email or Flexport’s online platform. To adjust your notification settings, please visit your User Profile at www.flexport.com.
All transactions are subject to Flexport's Terms and Conditions available at https://www.flexport.com/terms-and-conditions and FMC Ocean Tariff available at www.dpiusa.com/tariffs.
International Shipments - Ocean, Rail and Air Services:
Rate sheets for trade lanes not involving the United States will include an expiration date upon which the rate sheet automatically expires. Customer's failure to accept such rate sheets on or before the stated expiration date renders the rate sheet null and void. For Quotes, booking of cargo by email, telephone or Flexport's online platform by the customer or its designatred agent or third party, constitutes acceptance of the quote and terms. Tendering the cargo to be transported to Flexport shall also imply acceptance of the quote or rate sheet and terms. Flexport may amend quotes prior to cargo receipt. Flexport will notify Customer of all quote amendments via Flexport’s online platform. Any amendments to accepted quotes will be deemed approved by Customer, unless Flexport receives notice of booking cancellation no less than 48 hours prior to taking possession of cargo.
Unless otherwise noted on the bill of lading, all international ocean transportation and ocean freight forwarding services (“Ocean Services”) are provided by Flexport International LLC, a licensed Ocean Transportation Intermediary holding permit number FMC# 025219NF issued by the United States Federal Maritime Commission (“FMC”). All Ocean Services are provided subject to the terms of Flexport International LLC’s Rules Tariff 001 on file with the FMC, Tariff No. 025219-001 (the “Tariff”).
Ocean FCL:
Rates provided are for the container size(s) specified on the rate sheet. Any shipment request for a container size not priced in the bid will be subject to spot pricing, unless otherwise specified.
Rates are based on an agreed upon weekly allocation per lane, adjusted for volume performance if needed. By default the weekly allocation is deduced from the volume per lane as provided over the rate validity in the offer. Flexport reserves the right to provide spot pricing for any volume above weekly agreed upon allocation per lane.
In the event carrier adjusts service offering, (i.e blank sailings, string adjustments, port omissions), Flexport will use best efforts to provide a suitable alternative. This may impact or change the original schedule, routing and/or rate or quote which will be passed on to Customer.
Ocean freight rates include Bunker Adjustment Factor (BAF) and Low Sulfur Surcharge (LSS) and will be subject to float on a quarterly basis. The BAF and LSS baseline shared in the Rate Sheet is indicative. BAF and LSS levels will be confirmed by Flexport before the start of each quarter.
Demurrage and Detention freetime will be charged based upon Flexport Standard per port terms and tariffs (23-030, 23-040) unless explicitly specified.
Shipments will be subject to additional port or wharfage charges. Rates are passed through from the terminal and are subject to change without notice.
LCL:
LCL Ocean Freight Rates are subject to a minimum of one weight or measure equivalent, whichever is greater.
LCL Cargo, where the final port is an ocean port will be measured at a ratio of 1 CBM = 1000 KG.
LCL Cargo, where the final port is an inland port (IPI) will be measured at a ratio of 1 CBM = 333 KG unless otherwise specified.
Flow Direct Shipments:
Any limitations of liability stated in Flexport International, LLC’s Terms and Conditions (the “Terms and Conditions”), including, but not limited to, any limitations of liability incorporated into any bill of lading or air waybill that Flexport International, LLC may issue, are amended for Flow Direct shipments as follows: Flexport International, LLC assumes liability for loss or damage to Goods in a Flow Direct shipment up to the lesser of: (a) $5,000.00 per cubic meter (“CBM”) with a maximum liability per shipment, regardless or the number of CBMs in the shipment, of $35,000.00, or (b) Merchant’s actual cost of the Goods that are lost or damaged, plus freight and up to ten percent (10%) of Merchant’s purchase cost for the Goods for duties (freight and duties may be pro rated), or (c) for used Goods, the cost to repair or replace the lost or damaged Goods. Notwithstanding the foregoing, in the event that the limitations of liability stated in the Terms and Conditions are greater than the limitations of liability stated herein, then the higher limitations of liability stated in the Terms and Conditions shall govern. All capitalized words that are defined in the Terms and Conditions shall have the same meaning herein. Except as expressly stated herein, all other provisions of the Terms and Conditions remain in effect and shall govern.
U.S. Ocean Trade Lane / NRA:
Shipments to or from the United States are transported under a negotiated rate arrangement ("NRA") pursuant to (FMC) Regulations. The NRA is subject to the below terms:
Service provided pursuant to the NRA is subject to Flexport’s Tariff, which is accessible at www.dpiusa.com in compliance with FMC Regulations as provided in 46 CFR 532.7.
If a NRA rate sheet is issued:
a. The NRA is effective for the shipment to which it applies and final pricing is subject to the final weight and measurement by the Ocean Carrier. This NRA covers multiple shipments tendered within the validity dates stipulated.
b. Any future amendments will come in the form of an updated NRA rate sheet and will include an Offer Date, Effective Date, and Expiration Date. All amendments will be shared on or before the Effective Date of said amendment and applicable to any cargo subsequently tendered to Flexport.
c. In the event that two rate sheet amendments have overlapping Effective Dates, the rate sheet with the latest Offer date will prevail.
In the event that a shipment has a shipment specific NRA, the rates quoted on the shipment specific NRA will supersede any rates on a sheet.
For less than container load (LCL) shipments, there is a minimum freight charge of $75.00. Demurrage is applicable for LCL shipments.
THE SHIPPER’S BOOKING OF CARGO AFTER RECEIVING THE TERMS OF THIS NRA OR NRA AMENDMENT CONSTITUTES ACCEPTANCE OF THE RATES AND TERMS OF THIS NRA OR NRA AMENDMENT.
All shipments will move under CY-CY bills of lading unless otherwise specified in the bill of lading.
US destination detention free days and charges will be billed as per Tariff rule 23-030 unless otherwise specified in the NRA.
US destination demurrage free time and charges will be billed as per Tariff rule 23-040 unless otherwise specified in the NRA.
Intermodal storage charges will be billed as per Tariff rule 23-050 unless otherwise specified in the NRA.
Rates may be subject to GRI as stipulated on individual NRAs and as per Flexport tariff 025219-103.
Shipments may be subject to additional port or wharfage charges, as specified on the NRA. These can include, but are not limited to Pier Pass, Oakland SSA Gate Fee, etc. Fees are passed through from the origin and destination terminal and are subject to change without notice.
Air:
All rates are based on chargeable weight defined by 1:6 dimensional ratio, maximum of (Gross Weight, Volume * 1000/6)
Rates are valid for the validity, transit, package dimensions and commodity quoted. Any and all cargo with characteristics different than those quoted per the rate will be subject to change with or without prior notice.
Air freight rates are based on the estimated weights, volumes, and measurements of cargo provided by the customer. If any deviation occurs between booking and actual figures, Flexport may update pricing based on actual figures.
Fuel and security surcharges will vary by origin as per public market index or airline index, whichever standard is applicable, identified by Flexport and will be passed on as incurred without prior notice.
Main freight transit times are calculated from CFS to CFS (including consolidation and deconsolidation time) and exclude Sundays, public and observed holidays.
Rates are valid for the period stated within the rate and subject to maximum weekly volumes stated in the proposal.
If Flexport faces a deadfreight penalty due to incorrect booking information/late cancellation (within 48h), Flexport reserves the right to charge the client the applicable fees.
In case equipment is provided the general conditions for use of ULD’s/equipment will apply.
The free storage time, unless otherwise specifically agreed in writing, is 48 hours for all airfreight. After expiry of the free storage period, customer will be charged based upon Flexport standards per its airport terms and tariffs.
Flexport will pass through at cost any fees incurred due to examinations of cargo. Fees may include, but are not limited to, transfer to the exam sites and detention related fees and costs.
Intermodal/Road Transport:
Rates to door excluding fuel surcharge (“FSC”) levels. FSC will be subject to float on a monthly basis.
Rates apply to one loading and one unloading address unless otherwise specified.
Rates to/from door are based on two hours free live unload/load for Full Trailer Loads, 15 minutes for Less Trailer Loads and will be subject to unloading/load time surcharges after free time expires.
Pick up and delivery rates are subject to additional accessorials such as, but not limited to:
For Europe: specific terminal pick-up or delivery, toll surcharge, generator set, extra stop, tip-chassis, DG surcharge, night wait, weekend service, seal, de-gassing, side loader, container storage, government mandatory charges, empty container pick-up and/or return.
For the US: chassis rent, chassis split, pre-pull, port congestion, wait time, overweight/tri-axle fee, warehousing, labeling, palletization…
If required these accessories will be invoiced as per Flexport standard tariff.
- [US only] US trucking services are provided by Flexport International LLC, an FMCSA licensed property broker USDOT #2594279 and MC#906604-B. The rates specified in Flexport's Standard Trucking Accessorial Rate Sheet apply to all trucking services, unless otherwise agreed to in writing by Flexport International LLC, and are available upon request.
Customs:
Rates are not inclusive of customs clearance or import duties and/or taxes in any region (subject to commercial value, tax codes, number of commercial invoice line items, etc.) unless explicitly specified in the offer.
Providing Flexport with the data/information required for customs formalities (whether such information is provided by the Customer or a third party) shall imply an order to perform such formalities.
The number of HS-codes included in Import and Export customs clearance quotations differ per country as specified in the tariff.
Import and Export customs clearance quotations are excluding any customs accessorial charges such as, but not limited to: T1, Product classification, Fiscal representation (etc.), unless specified in the offer. If required, these accessorials will be invoiced as per Flexport‘s standard tariff.
Flexport will pass through at cost any exam-incurred fees or port customs fees. Fees may include, but are not limited to, transfer to the exam sites and detention related fees and costs.
Customers will be subject to a Document Turnover Fee, in accordance with the tariff, if Flexport is required to coordinate a Customs clearance with a 3rd party Customs Brokerage.
Payment of customs duties and VAT to the authorities, if applicable, are subject to disbursement fees set out below depending on the country of import. In all cases, VAT/Duty disbursements are subject to a 7-day payment term.
[NL only] - Payments of customs duties and VAT to the authorities, if applicable, will be subject to a three percent disbursement fee (3%) or a fixed minimum of 25 EUR.
[DE only] Payment of customs duties and VAT to the authorities, if applicable, will be subject to a two percent (2%) disbursement fee.
[UK only] Payment of customs duties and VAT to the authorities, if applicable, will be subject to a two and a half percent (2,5%) disbursement fee or a fixed minimum of GBP 25.
[US only] Customs brokerage services are provided by Flexport’s wholly-owned subsidiary, Flexport Customs LLC, a licensed customs brokerage with a national permit and is subject to additional customs filing (FDA, PGAs), if required.
[US only] Per 19 CFR 111.29(b); If you are the importer of record, payment to the broker will not relieve you of liability for customs charges (duties, taxes, or other debts owed CBP) in the event the charges are not paid by the broker. Therefore, if you pay by check, customs charges may be paid with a separate check payable to “U.S. Customs and Border Protection” which will be delivered to CBP by Flexport Customs LLC.
[US only] The Merchandise Processing Fee at 0.3464% of the commercial invoice value with a $26.79 minimum and $519.76 maximum per U.S. Customs entry and the Harbor Maintenance Fee (HMF) of 0.125% of a shipment's value, are additional charges payable to US Customs for ocean shipments entering the United States.
Flexport will pass through any port, agent or carrier-imposed charge occurring at clearance that are not in the tariff, as they are incurred; this may occur without prior notice.
[EU only] All duty and VAT paid by Flexport will be charged back in the local currency.