Download myCEVA terms and conditions here
1.1 Before using myCEVA please carefully read these Terms as they govern the use of myCEVA and any contractual relationships deriving from such use, unless and to the extent prevailing valid contractual arrangements are in force between the Customer and CEVA in respect of the relevant Shipment.
1.2 These Terms are expressly accepted by the Customer and form an integral part of the contract concluded between the Customer and CEVA, and any and all Services are strictly subject to these Terms. Any Customer terms and conditions are expressly excluded and shall be of no effect.
1.3 myCEVA is a business-to-business platform and is not valid for use by private individuals. CEVA rejects in advance any offers that may be made by individuals not acting on behalf and in the name of a company.
Carrier means Pyramid Lines Singapore Pte. Ltd, of 39 Robinson Road, #15-01 Robinson Point, 068911, Singapore.
CEVA means the operating entity within the CEVA Group that has its registered office in the origin country of the Shipment, or any other operating entity within the CEVA Group that is notified to the Customer by email.
CEVA Group means CEVA Logistics AG and its Affiliates.
CEVA Terms means the terms and conditions of service of CEVA, a copy of which can be provided to the Customer on request.
company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
Customer means any company using myCEVA, and includes any person having any rights or obligations under a contract of carriage concluded with CEVA to whom these Terms apply, including (without limitation) any person named in any Transport Document as shipper or consignee.
Indemnify shall include defending, indemnifying and holding harmless.
International Conventions means, as applicable, the International Convention for the Unification of Certain Rules Relating to the Bills of Lading (the Hague Rules); the Protocol to Amend the Hague Rules, February 23, 1968 (the Hague–Visby Rules); the United States Carriage of Goods by Sea Act (COGSA); the Convention for the International Carriage of Goods by Road (CMR), and the Uniform Rules Concerning the Contract for International Carriage of Goods by Rail (CIM), as amended by the Convention Concerning International Carriage by Rail (CIM-COTIF) or any other mandatory convention applicable to the international carriage of goods.
Legal Notice means the conditions applicable to the use of myCEVA, available here.
Liabilities means any and all claims, demands, losses, damages, liabilities, fines, penalties, costs and expenses, including (without limitation) legal costs and expenses, of whatsoever nature and howsoever arising.
Local Currency has the meaning given in clause 9.3.
NRA means a confidential Negotiated Rate Agreement, regulated by the Federal Maritime Commission relating to US Shipments.
Services means the services agreed between the Customer and CEVA, including (without limitation) forwarding, handling, consolidation, carriage, storage in transit, customs clearances, issuance of documentation and any ancillary services thereto.
Shipment means the goods CEVA, its Subcontractor(s) and/or agent(s) physically take over for the provision of the Services.
Subcontractor means any service provider CEVA chooses to subcontract all or parts of the Services to, in each case in its own name and on its own behalf.
and, in the event of any ambiguity, inconsistency or conflict between the provisions of any of the documents comprising the Terms then the documents take precedence in the order set out above.
Trading Currency has the meaning given to such term in clause 9.3.
Transport Document means the document issued by CEVA as agent of the Carrier to the Customer setting out the conditions of the contract of carriage of a Shipment, including (without limitation) any bill of lading or sea waybill.
US Shipment means any Shipment that involves carriage to, from or through any port in the United States of America.
Vessel-Operating Carrier means the carrier chosen by CEVA or the Carrier for the execution of part of the Services.
Waste bears its general meaning, and also means “Waste” as defined under applicable law (as the case may be).
3.1 Offer and Acceptance
3.2 Contracting parties
The contract is being concluded between the Customer and CEVA and, subject to clause 3.3, CEVA is solely responsible to the Customer in connection with the provision of the Services in accordance with these Terms (for the avoidance of doubt, the members of the CEVA Group cannot be held jointly and severally liable).
3.3 Legal capacity
(a) All Services are provided by CEVA as agent, except in the following circumstances:
(b) Without prejudice to the generality of clause 3.3(a), the Customer acknowledges and agrees that:
4.1 Quoted rates obtained via myCEVA apply only to:
4.2 The Customer warrants and represents that the Shipment shall not:
4.3 Quoted rates obtained via myCEVA for LCL Shipments are based on:
4.4 Quoted rates obtained via myCEVA do not include:
4.5 Notwithstanding clause 4.4(b), any customs clearance fee included in a quote is based on a maximum of three HS Codes, and any additional HS Code(s) shall be charged in accordance with CEVA's applicable tariffs.
4.6 All quotes are subject to equipment availability and Vessel-Operating Carrier capacity, and all Shipments are subject to the approval of the relevant Vessel-Operating Carrier(s). The choice of Vessel-Operating Carrier(s) is entirely at CEVA or the Carrier's discretion.
4.7 For FCL CEVA Priority, full money back guarantee: Quoted FCL rates base on the particulars provided by Customer and the quotation states the guaranteed lead-time. In case of exceeding the lead-time, but subject to clauses 4 and 5 of these Terms, CEVA will refund to the Customer the freight charges paid.
4.8 CEVA shall be under no obligation to take back any packaging material or Waste. If CEVA does take back such material, all relevant local rules and regulations shall apply and any fees and expenses incurred shall be separately charged to the Customer.
4.9 Rates quoted by CEVA expire 30 days from the time of quotation and, in case of acceptance according to clause 3.1(c)(i) or 3.1(d)(ii) (as the case may be) and the relevant Shipment must be booked before the expiration of this 30-day period. Without prejudice to any other rights CEVA has under these Terms or under applicable law, CEVA reserves the right to make necessary corrections in the event of any change of the Shipment information provided.
4.10 For FCL CEVA Priority, full money back guarantee: Any transit and lead-time shown in the quotation is binding. This excludes, without limitation, waiting times for customs inspections, customs clearances or other interferences by public authorities and governments and acts or omissions of the Shipper or owner of the goods, their agents or representatives, consignee, customs broker and other third parties. The lead-time starts when CEVA takes possession of the container. For door moves, the lead-time starts at the time of pick up from customer’s selected premises and for container yard moves, from the time the container was delivered back to the container yard or the respective ramp. The lead- time stops when CEVA hands over the possession of the container to the consignee, its agent, representative or other nominated third parties. For door- to-door moves, the lead-time ends at the time of delivery at the customer’s selected premises and for container yard moves, it ends from the time of container availability at the container yard.
4.11 For all shipments booked with a CEVA Priority service, the Customer cannot cancel the CEVA priority service to the extent Customer has already benefited from one of the service features. In such a case, the service will be fully invoiced to the Customer.
Notwithstanding the above, a cancellation fee will be applied if the Customer cancels the myCEVA Priority service maximum 7 days prior to vessel departure and if at such time none of the service features has been provided to the Customer. The cancellation fee will be invoiced to the Customer and the myCEVA Priority service will be cancelled accordingly. The cancellation fee is determined by Ceva by reference to the period of sailing and the trade concerned (POL/POD)
5.1 CEVA shall carry out the Services with reasonable skill and care and in accordance with the Customer’s reasonable instructions as agreed. If the Customer’s instructions, required documentation or information are inaccurate, incomplete, incorrect or not according to contract, CEVA may, at the Customer’s risk and expense, act as it reasonably deems fit and the Customer shall Indemnify CEVA from any Liabilities arising from or in connection with the same.
5.2 CEVA reserves the right to refuse any Shipment or to provide any of the Services at any time in its absolute discretion and accepts no liability whatsoever in any such case.
5.3 If at any time CEVA's provision of the Services is or is likely to be affected by any hindrance, risk, danger, delay, difficulty or disadvantage of whatsoever kind and howsoever arising (whether or not before the Services have commenced and whether or not before this contract has been concluded), CEVA shall have no duty to complete the contract and may at its sole discretion and without notice and liability to the Customer, elect any one or more of the following:
and CEVA shall be entitled to recover or retain the full remuneration agreed for the Services and any additional compensation for extra costs or expenses incurred by or for CEVA resulting from the circumstances (or any of them) referred to above.
6.1 It is a condition of the contract, and the Customer represents, warrants and undertakes, that:
6.2 The Customer shall Indemnify CEVA against any Liabilities it suffers as a result of any breach of the Customer’s undertakings under this clause 6. In the event that CEVA suspects a breach by the Customer of clause 6.1, without prejudice to any other rights CEVA has under these Terms or under applicable law, CEVA may exercise any of its rights under clause 5.2 or 5.3.
7.1 In the event of loss of or damage to a Shipment, or delay in the performance of the Services and where CEVA acts as principal in accordance with clause 3.3, CEVA's liability shall be determined and limited in accordance with the remainder of this clause 7 unless an International Convention or national law applies compulsorily to part of the Services and cannot be waived or modified ("Compulsory Legislation"), in which case the liability of CEVA in relation to that part of the Services shall be determined and limited in accordance with the provisions of such Compulsory Legislation.
7.2 In relation to:
and, for the purpose of this clause 7.2, the value of a Shipment shall be shall be calculated reference to the ex-works invoice value of that Shipment plus freight and insurance (if paid), provided that if there is no invoice value for that Shipment, such value shall be calculated by reference to the value of goods of the same or similar kind and quality at the place and time the Shipment was received by CEVA, its Subcontractor or agent or the Shipment was delivered or should have been delivered, whichever value is lowest; and the value of other property of the Customer, if leased, its lease value and if owned, its market value at the place and time where the loss or damage occurred.
7.3 CEVA shall not be liable for:
7.4 CEVA shall be discharged of all liability unless:
and any claim which does not comply with the provisions of this clause 7.4 shall be deemed to be waived and absolutely barred.
7.5 The defences, exclusions and limits of liability provided for by these Terms shall apply in any action whether such action be founded in contract, tort, bailment, breach of express or implied warranty, negligence, wilful misconduct or otherwise.
7.6 Nothing in these Terms shall exclude or limit CEVA's liability for death or personal injury caused by its negligence, fraudulent misrepresentation or any other act or omission for which liability may not lawfully be excluded or limited.
7.7 Save as set out in these Terms, CEVA shall not be liable for loss of or damage to any Shipment or delay howsoever arising (whether caused by negligence, wilful misconduct or otherwise).
7.8 To the extent not otherwise regulated in these Terms, CEVA shall not be liable for the acts or omissions of any third parties, including (without limitation) the Carrier or any Vessel-Operating Carrier(s), unless CEVA has failed to exercise due diligence in selecting such third parties.
Unless otherwise instructed in writing and reimbursed by the Customer, CEVA does not insure the Shipment and the Customer shall self-insure or make arrangements to cover the Shipment against all insurable risks to their full insurable value (including all duties and taxes), with any right for the insurer to bring a subrogated claim against CEVA being excluded.
9.1 The Customer agrees to pay the relevant charges, which shall include the price in accordance with the quote chosen by the Customer plus any additional charges or fees that may arise or have been incurred by CEVA, including without limitation customs duties and taxes.
9.2 CEVA’s charges are subject to VAT (as applicable).
9.3 The prices offered via myCEVA will be charged in local currency (Local Currency), unless local practice provides for quotation in USD, EUR, or any other currency different from the Local Currency (Trading Currency). Any Trading Currency may be exchanged into Local Currency at the day of invoicing by CEVA, and for purposes of determining the Trading Currency equivalent of any Local Currency, the exchange rate shall be the rate at which such Trading Currency may be exchanged into the local Currency as set forth at approx. 11:00 a.m. (London time) on such day on OANDA.com for such Trading Currency.
9.4 Unless otherwise provided for in applicable laws and regulations, the charges shall be paid free of any deduction, set-off or counterclaim of any kind in advance of the provision of any Services. In the event that CEVA starts the provision of any of the services without any form of pre-payment, CEVA retains the right to withhold the release of the Shipment until receipt of the payment.
9.5 Invoices for governmental charges such as tax and duty outlays are due immediately upon presentation of appropriate documentation by CEVA and are subject to outlay fees. To the extent not otherwise agreed between the parties, payment(s) not considered in the pre-payment invoice shall be due seven (7) days after the invoice date.
9.6 Interest shall be paid on money overdue to CEVA based on the prevailing interest rate of the central bank in the country where CEVA has its principal place of business.
9.7 CEVA shall, to the extent permitted by applicable law, have a general lien on the Shipment and any documents relating thereto for any amount due at any time to CEVA from the Customer, including without limitation storage fees and the cost of recovering same, and CEVA may enforce such lien in any reasonable manner including the sale of the Shipment, subject to mandatory local law.
CEVA reserve the right to alter myCEVA, these Terms or any other CEVA terms, policies or conditions without notice. A particular contract between the Customer and CEVA will always be subject to the versions of such terms, policies and conditions in force at the time the Customer places its offer, unless alterations are made pursuant to mandatory requirements imposed by law or government authority (in which case the alterations apply from the point in time stipulated by law or government authority).
The Incoterms® were created by the International Chamber of Commerce (ICC) in Paris and are a registered trademark of the ICC. Incoterms® can be agreed between the seller and the buyer of goods as part of their sale of goods contract to define the terms of shipment and delivery as well as the transfer of risk between those two parties. However, the Incoterms® do not become part of the contract between the Customer and CEVA for the provision of any Services, as this contract comprises of forwarding and/or carriage elements, not the sale of goods. The Customer notifying CEVA of the agreed Incoterms® clause only gives CEVA an instruction related to the split (if any) of the charges between the relevant seller and buyer. Regardless of the Incoterms® clause, the Customer is and remains responsible towards CEVA for all fees and will be held liable in the event any fees cannot be collected from third parties in accordance with the indicated Incoterms® clause.
The contents of the relevant contract and any information on CEVA’s business is sensitive, confidential and will not be disclosed by the Customer to any third party without the express written consent of CEVA, unless the information is manifestly in the public domain at the time of disclosure or such disclosure is required by valid legal process or is otherwise required by law or by the rules of any listing authority or stock exchange, in which event the Customer shall give CEVA prompt written notification thereof. The Customer will ensure, and will be
liable for ensuring, that its directors, employees, agents, advisers and Subcontractors shall not disclose any confidential information. The obligation of this clause shall survive for a period of three (3) years after the expiry of the relevant contract.
No omission to exercise or delay in exercising on the part of any party of any right, power or remedy provided by applicable law or under these Terms shall constitute a waiver of, or preclude or impair any further exercise of such right, power or remedy or any other right, power or remedy.
If any part of these Terms or any other CEVA terms, policies and conditions are deemed invalid, void or unenforceable for any reason, that part will be deemed severable and will not affect the validity and enforceability of the remaining parts.
15.1 These Terms shall only take effect to the extent that they are not contrary to the mandatory provisions of any Compulsory Legislation, applying in each case to the Shipment or the Services and, where any Compulsory Legislation applies to any part of the Services, these Terms shall, in respect of such part of the Services, be read as subject to such Compulsory Legislation.
15.2 Nothing in these Terms shall be construed as a surrender by CEVA of any of its rights or immunities, or as an increase of any of its responsibilities or liabilities, under any Compulsory Legislation and if any part of these Terms is inconsistent with such Compulsory Legislation such part shall be overridden to that extent and no further.
These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or any contract arising out of them, their subject matter (including (without limitation) any Shipment or Services) or formation shall be governed by and construed in accordance with English law, and the English High Courts shall have exclusive jurisdiction over such dispute or claim, provided that CEVA may, in its sole option, commence proceedings in any jurisdiction, including (without limitation) in the place determined by the Transport Document of the Carrier or the Vessel-Operating Carrier (and such proceedings shall be governed and interpreted in accordance with the law determined therein or in the absence of such, then English law).