Standard Trading Conditions (FIATA / BIFA / ADSp 2017)

Terms of Carriage & Service.

Effective Version 5.1 • September 2026 • Apex Freight HUB Legal Department

Notice to All Shippers, Consignees & Account Holders

All freight bookings, transportation contracts, customs clearance services, warehousing, and linehaul arrangements coordinated by Apex Freight HUB and its subsidiaries are subject to the following standard Terms of Carriage. These terms incorporate mandatory international conventions (CMR for Road, Montreal for Air, Hague-Visby for Ocean). Shippers are explicitly advised to read Section 4 regarding statutory carrier liability limits.

01Definitions & Scope of Service

In these Terms of Carriage:

  • • "Company" refers to Apex Freight HUB, Apex Logistics Germany GmbH, Apex Freight Poland Sp. z o.o., and Apex Baltics UAB.
  • • "Customer" / "Shipper" refers to any company, enterprise, or individual entering into a contract for freight forwarding, brokerage, or logistics services.
  • • "Goods" / "Cargo" refers to the physical commodities, packages, pallets, or containers accepted by the Company for transport or handling.
  • • "Carrier Alliances" refers to contracted underlying carriers, shipping lines (e.g. Maersk), airlines (e.g. DHL Aviation, FedEx), and linehaul fleets.

02Quotations, Rate Validity & Fuel Surcharges

Rate quotations provided via the online portal, rate calculator, or direct sales desk are generated based on prevailing carrier tariff schedules, bunker fuel prices, and terminal handling charges:

  • • Spot Rate Quotations: Valid for seven (7) calendar days from issuance unless explicitly agreed otherwise in writing.
  • • Bunker Adjustment Factor (BAF) / Fuel: Subject to monthly or bi-weekly floating indices published on our Resources portal.
  • • Volumetric Weight Calculation: Air freight is billed at the greater of actual gross weight or volumetric weight (1:6000 ratio: 1 m³ = 167 kg). LTL road freight is billed on a 1:3000 ratio (1 m³ = 333 kg or 1 Loading Meter = 1,750 kg).

03Shipper Warranties, Packaging & Declarations

The Customer warrants and agrees that:

  • • All cargo descriptions, piece counts, gross weights, dimensions, and HS tariff codes supplied to the Company are accurate and complete.
  • • Goods are properly packaged, marked, labeled, crated, or palletized to withstand normal handling, road vibration, and multi-modal transfer without damage.
  • • Commercial invoices and export/import documentation comply in all respects with applicable customs, embargo, and dual-use export control laws.

04Statutory Carrier Liability Limits by Mode

Unless supplemental All-Risk Cargo Insurance is purchased prior to dispatch, the Company’s liability for cargo loss, physical damage, or delay is governed strictly by the mandatory statutory international conventions applicable to each transportation mode:

Road Freight (CMR Convention)

8.33 SDR / kg

Approx. ~€10.50 per gross kilogram

Air Freight (Montreal Convention)

22 SDR / kg

Approx. ~€28.00 per gross kilogram

Ocean Freight (Hague-Visby)

2 SDR / kg or 666.67 SDR / pkg

Whichever calculation is greater

Important Note on High-Value Shipments: If your cargo value exceeds standard statutory limits (e.g. high-value semiconductor electronics, aerospace components, or pharmaceuticals), you must declare value and request All-Risk Marine/Cargo Insurance at booking.

05Demurrage, Detention & Free Time Rules

Marine container terminals and airport tarmac facilities enforce strict free-time windows. Shippers and consignees are responsible for loading, unloading, and empty equipment return within agreed limits:

  • • Ocean Container Free Time: Standard 4 to 7 calendar days at port of discharge depending on line contracts.
  • • Demurrage Charges: Incurred when loaded containers dwell in the terminal beyond free time, billed per container per day at port tariff.
  • • Detention Charges: Incurred when empty containers are held beyond agreed equipment return windows.

06Dangerous Goods & Prohibited Commodities

The Customer must not tender any Dangerous Goods (DG) or hazardous substances without prior written approval and valid IATA / IMO / ADR documentation (Dangerous Goods Declaration and full Safety Data Sheet). Prohibited commodities include illegal narcotics, contraband, unauthorized weapons, and goods violating international sanction regimes.

07General Lien on Cargo

The Company shall have a general and particular possessory lien on all Goods, documents, and containers in its custody for any outstanding freight charges, customs duties, terminal fees, or demurrage owed by the Customer. If unpaid after twenty-one (21) days' written notice, the Company may sell the Goods at public auction to satisfy debts.

08Notice of Claims & Time-Barred Limitation

All claims for loss, damage, or delivery discrepancy must be submitted in writing with supporting photographic evidence and stamped Proof of Delivery (POD):

  • • Visible External Damage: Must be endorsed directly on the delivery receipt (POD) at the moment of delivery.
  • • Concealed Damage (Road & Air): Notice must be given within seven (7) calendar days of delivery.
  • • Statutory Time-Bar: Any formal legal action against the Company is extinguished unless instituted within one (1) year from delivery date (or scheduled delivery date).

09Governing Law & Dispute Jurisdiction

These Terms of Carriage and all freight contracts executed hereunder are governed by the laws of the Federal Republic of Germany or the Republic of Poland depending on the contracting operating entity. Any dispute arising out of or in connection with these terms shall be submitted to the exclusive jurisdiction of the competent commercial courts in Hamburg, Germany or Warszawa, Poland.