The Shipper Agreement serves as a fundamental document in commercial shipping operations, establishing the legal framework for the movement of goods. This contract type is essential when parties need to formalize their shipping arrangements, whether for domestic or international transport. Under English and Welsh law, the agreement incorporates key provisions from maritime legislation and international conventions, while addressing practical aspects such as pricing, liability, insurance, and operational procedures. It's particularly vital for businesses requiring regular shipping services and needs to clearly define responsibilities and risk allocation between parties.
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1. Parties: Identification and details of the shipper and carrier
2. Background: Context of the agreement and business relationship
3. Definitions: Key terms used throughout the agreement including references to relevant legislation (Carriage of Goods by Sea Act 1992, Merchant Shipping Act 1995, etc.)
4. Services: Detailed description of shipping services to be provided
5. Rates and Payment: Pricing structure, payment terms and invoicing procedures
6. Liability and Insurance: Allocation of risk and required insurance coverage in accordance with relevant shipping laws
7. Term and Termination: Duration of agreement and termination provisions
8. Compliance with Laws: Obligations regarding applicable shipping regulations and laws including maritime conventions
1. Performance Metrics: Key Performance Indicators (KPIs) and service level agreements for long-term or high-volume shipping arrangements
2. Force Majeure: Provisions for unforeseen circumstances, particularly relevant for international shipping or high-risk routes
3. Environmental Requirements: Specific environmental compliance obligations when shipping hazardous materials or in environmentally sensitive areas
4. Digital Services: Terms for use of electronic booking systems and digital platforms when relevant to the service
1. Schedule 1 - Rate Card: Detailed pricing for different routes and services
2. Schedule 2 - Service Level Agreement: Detailed performance metrics and standards
3. Schedule 3 - Insurance Requirements: Specific insurance types and coverage levels required
4. Schedule 4 - Operating Procedures: Detailed procedures for booking, loading, and documentation
5. Schedule 5 - Compliance Requirements: Specific regulatory requirements and certifications including relevant IMO regulations
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