Terms and condition

Finst Shipping

These Terms & Conditions (“Terms”) govern your use of finst-shipping.com (the “Website”) and the provision of logistics, shipping, customs clearing, warehousing, and related services by Finst Shipping (“Finst”, “we”, “us”, “our”). By accessing the Website or requesting/accepting any Services, you agree to these Terms. If you are entering into these Terms on behalf of a company, you represent that you are authorized to bind that company.

Customize before publishing: Replace bracketed placeholders (legal name, company number, address, governing law, payment terms, liability caps) with your specific details.

1. Definitions

Customer / You: The person or entity requesting Services and responsible for payment.
Goods / Cargo: Any items, containers, pallets, documents, or other property handled under these Terms.
Services: Freight forwarding, shipping (ocean/air/road/rail), customs clearing, brokerage, warehousing, distribution, value-added logistics, and related advisory or administrative services provided by Finst.
Carrier: Any actual carrier, subcontractor, airline, ocean line, trucking company, rail operator, terminal, warehouse, depot, or agent engaged by Finst.
Conventions: Mandatory transport laws (e.g., CMR, Hague–Visby Rules, Hamburg Rules, Montreal/Warsaw Conventions) and other non-derogable statutes.

2. Role of Finst

Unless expressly stated otherwise in writing, Finst acts as an independent freight forwarder and logistics coordinator. We may issue our own transport documents where applicable and/or arrange carriage, storage, and related services with Carriers on your behalf. We may subcontract any part of the Services.

3. Quotes, Bookings & Instructions

3.1 Quotes are based on information provided by you and are valid for the period stated (or, if not stated, 7 calendar days). Rates may exclude surcharges (fuel, congestion, war risk, peak season, currency adjustment, GRI, equipment imbalance), taxes, duties, and fees unless expressly included.
3.2 Bookings become binding when accepted by Finst in writing (including email). We may rely on instructions given by your employees, agents, or any person reasonably believed to be authorized.
3.3 You must provide complete and accurate shipment information (weight, dimensions, packaging, HS codes, value, special handling, hazardous classification, temperature requirements) in time for compliance and capacity planning.

4. Customer Obligations

4.1 Compliance: You are responsible for compliance with all applicable laws, sanctions/export controls, customs regulations, and import/export requirements.
4.2 Packaging & Marking: Goods must be safely and sufficiently packed, marked, labeled, and suitable for the intended transport and handling modes.
4.3 Prohibited/Restricted Goods: Unless expressly agreed and permitted by law, we do not handle prohibited or illegal items, cash, precious stones/metals, works of art, antiques, live animals, human remains, pornographic material, or Goods requiring specialized licenses.
4.4 Inspection: We may (but are not obligated to) open and inspect Goods or arrange inspection by authorities or Carriers.
4.5 Timely Documents: You must supply commercial invoices, packing lists, permits, licenses, certificates of origin, MSDS (for DG), and any other required documents in a timely manner.

5. Customs, Brokerage & Trade Compliance

5.1 We prepare and lodge customs entries based on your data and instructions. You remain responsible for the accuracy and legality of such data, tariff classification, valuation, and eligibility for any preference/relief.
5.2 You authorize Finst and its agents to act as direct/indirect representative before customs and other authorities as required.
5.3 Duties, taxes, penalties, storage, demurrage, detention, and inspection fees are for your account, unless caused solely by Finst’s proven fault and not otherwise unavoidable under applicable law.

6. Transport, Transit Times & Delivery

6.1 Routing & Mode: Unless otherwise agreed, we may select routing, mode, and Carrier at our reasonable discretion.
6.2 Schedules: Advertised or provided transit times, ETDs/ETAs, sailings, flights, and deliveries are estimates only and not guaranteed.
6.3 Delivery & POD: Delivery occurs as per the relevant transport document or agreed Incoterms® (if any). Proof of delivery (POD) may be electronic.
6.4 Delays & Force Majeure: Finst is not liable for delays or non-performance caused by events beyond our reasonable control (e.g., weather, strikes, port congestion, embargoes, acts of authorities, war, cyber incidents, epidemics/pandemics).

7. Warehousing & Storage

7.1 Storage is provided subject to availability and local terms. We may move and commingle Goods with others of like kind, applying appropriate identification and inventory records.
7.2 If Goods are unsafe, deteriorating, illegal, or unclaimed, we may sell, dispose of, or return them at your risk and expense after reasonable notice, as permitted by law.

8. Charges, Invoicing & Payment

8.1 Unless stated otherwise, prices are exclusive of duties, taxes, and third-party charges. Currency is as quoted.
8.2 Invoices are due [Net ___ days] from date of invoice. Late amounts accrue interest at [__% per month] (or the maximum allowed by law), plus reasonable collection costs and legal fees.
8.3 We may require prepayment or security (deposit/guarantee), suspend Services, or exercise a lien if accounts are overdue or credit is unsatisfactory.
8.4 You are responsible for demurrage, detention, storage, waiting time, failed delivery/collection, and any extra costs arising from inaccurate data or your acts/omissions.

9. Lien & Right of Retention

Finst has a general and particular lien on Goods and documents for all sums due (present and past) and may sell or dispose of the Goods after reasonable notice to recover amounts owed, applying proceeds against the debt (net of costs).

10. Insurance

10.1 Finst does not automatically insure Goods. Cargo insurance is available on request, subject to acceptance by the insurer and payment of premium.
10.2 Our Privacy Policy and any insurer’s terms will apply to insurance procurement.

11. Liability & Limits

11.1 Finst’s liability (if any) is determined by these Terms, applicable transport documents, and any Conventions or mandatory law that cannot be varied.
11.2 Where Finst acts as a forwarder, our aggregate liability for loss, damage, or delay shall not exceed the lesser of:
  a) the actual value of the Goods at origin;
  b) [insert liability cap, e.g., 2 SDR per kg of gross weight lost or damaged]; or
  c) [insert per-shipment cap, e.g., 666.67 SDR per package or 2 SDR per kg, whichever is higher/lower],
unless higher limits are mandated by applicable Conventions. These caps do not apply in cases where mandatory law prescribes different limits or liability.
11.3 Consequential damages (loss of profit, loss of market, production downtime, indirect or special damages) are excluded to the maximum extent permitted by law.
11.4 Finst is not liable for losses arising from your breach of these Terms, inherent defects in the Goods, insufficient packaging/marking, inaccurate/late documentation or instructions, acts/omissions of Carriers or authorities, or Force Majeure.

12. Claims & Time Limits

12.1 Visible loss/damage must be noted upon delivery; concealed loss/damage must be notified promptly once discovered, within the deadlines required by applicable Conventions or [insert period, e.g., 7 days], whichever is earlier, otherwise a presumption of proper delivery may apply.
12.2 Formal claims must be submitted with evidence (POD, photos, survey, invoices, packing lists, weight/measurement, notices).
12.3 Any legal action against Finst must be commenced within the shortest time bar provided by applicable Conventions or [insert period, e.g., 9 months / 1 year] from delivery or the date the Goods should have been delivered.

13. Dangerous Goods & Special Cargo

13.1 You must disclose and properly declare any dangerous goods (DG), perishable, temperature-controlled, oversized, high-value, or otherwise special cargo, and provide all required documentation and equipment.
13.2 We may refuse or arrange disposal/return at your cost if DG or special cargo is not properly declared, packed, or labeled.

14. Website Use

14.1 The Website and its content are provided “as is” for general information. We do not warrant uninterrupted or error-free operation.
14.2 You may not misuse the Website (e.g., introduce malware, scrape without consent, attempt unauthorized access).
14.3 Intellectual Property: All trademarks, logos, text, graphics, and software on the Website are owned by or licensed to Finst. You may not copy, modify, or redistribute without permission.
14.4 Third-party links are provided for convenience; we are not responsible for their content or practices.

15. Data Protection & Privacy

Our Privacy Policy (as updated from time to time) explains how we process personal data. By using the Website or Services, you acknowledge our Privacy Policy.

16. Sanctions & Export Controls

You warrant that neither you nor the transaction is subject to sanctions that would prohibit the Services. You will not request Services involving sanctioned parties, countries, or activities without appropriate authorization.

17. Anti-Bribery & Ethics

You will comply with applicable anti-bribery, anti-corruption, and anti-money-laundering laws. No unlawful or improper payments shall be offered, given, requested, or accepted.

18. Incoterms® & Trade Terms

If an Incoterms® rule is stated in your contract or commercial documents, it applies to the sale of Goods between seller and buyer. It does not alter Finst’s rights and obligations under these Terms unless expressly agreed in writing.

19. Set-Off & Assignment

We may set off amounts we owe you against any amounts you owe us. You may not assign or transfer your rights or obligations without our prior written consent.

20. Notices

Notices under these Terms must be in writing and sent to the contacts specified in the booking or contract, or to: [legal@finst-shipping.com] (or the address listed below).

21. Changes to Terms

We may update these Terms from time to time. The “Effective date” above shows when they last changed. Material changes will be posted on the Website.

22. Governing Law & Jurisdiction

These Terms and any non-contractual obligations arising out of or in connection with them are governed by the laws of [choose jurisdiction, e.g., England & Wales / [Country]]. The courts of [city/country] shall have exclusive (or non-exclusive) jurisdiction. Nothing limits a party’s right to seek interim relief or to bring suit where mandated by Conventions.

23. Severability

If any provision is found invalid or unenforceable, the remaining provisions remain in full force. The invalid provision will be replaced by a valid one closest to the parties’ intent.

24. Entire Agreement

These Terms (together with any booking confirmations, transport documents issued by Finst or Carriers, and any signed service agreement) constitute the entire agreement between you and Finst concerning the Services and supersede prior understandings.

25. Survival

Sections concerning charges and payment, lien, insurance, liability and limits, claims and time bars, governing law, and privacy shall survive termination or completion of Services.

Short Form (Website Footer Snippet)

By using this website or engaging Finst Shipping for logistics services, you agree to our Terms & Conditions and Privacy Policy. Transit times are estimates; duties, taxes, and surcharges may apply. Liability is limited as set out in our Terms. Cargo insurance available on request.